the waters of any sea within the area;

the sea-bed beneath any sea within the area;

the subsoil beneath any such sea-bed, extending to such depth below the sea-bed as is specified in the Proclamation;

the sub-soil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation; and

the airspace above the area, extending to such height above the surface as is specified in the Proclamation;

shall be taken to be in the Marine Park and, for the purposes of this Act, part of the area.

that the Proclamation, if made, would be in accordance with a resolution passed by each House of the Parliament on a motion; and

that notice of the motion was given no less than 15 sitting days of that House before the motion was moved.

state that the area is proposed to be included in the Marine Park; and

state the boundaries of the area; and

state any name or other designation proposed for the area; and

(d) invite the public to make comments in connection with the proposal by the date specified in the notice (which must be at least 60 days after the date the notice is published in the Gazette); and

specify the address to which comments must be sent.

to regulate the use of the Marine Park so as to:

protect the ecosystem within the Great Barrier Reef Region; and

ensure the use is ecologically sustainable use; and

manage competing usage demands; and

to protect areas in the Marine Park that are of high conservation value; and

to protect and conserve the biodiversity of the Marine Park, including ecosystems, habitats, populations and genes; and

to regulate activities that exploit the resources of the Great Barrier Reef Region so as to:

minimise the adverse effect of those activities on the Great Barrier Reef; and

ensure the ecologically sustainable use of the resources; and

to protect the world heritage values of the Great Barrier Reef World Heritage Area; and

to provide for the ecologically sustainable use of marine resources by traditional owners consistent with their traditional practices; and

to reserve some areas of the Great Barrier Reef Region for public enjoyment and appreciation; and

to preserve some areas of the Great Barrier Reef Region in a natural state, undisturbed except for the purposes of scientific research that cannot be undertaken elsewhere in the Marine Park.

constitutes a single zone; or

is divided into 2 or more zones described in the plan.

give the zone a name or other designation;

make provision with respect to the purposes for which the zone may be used or entered;

designate an IUCN category for the zone, or each part of the zone.

state that it intends to prepare a zoning plan in respect of the area; and

(b) invite the public to make comments in connection with the proposed plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette); and

specify the address to which comments must be sent; and

specify that the following are publicly available and how a copy may be obtained:

principles approved under section 34;

a statement prepared under subsection 35(1).

approve the principles; or

refer the principles to the Authority, together with the Minister’s suggestions, for further consideration.

Process after principles are referred to the Authority

approve them; or

approve them after making such alterations as the Minister thinks fit.

specifying the alterations; and

setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

the objects of this Division;

the principles approved under section 34 relating to the preparation of the plan;

any reports that have been given to the Minister under section 54;

(d) any matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 that is relevant to the zoning plan area;

any approved conservation advice, bioregional plan, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the zoning plan area;

(f) any value, plan or principle referred to in Environment Protection and Biodiversity Conservation Act 1999 that relates to a property, place, wetland or other area that is in the zoning plan area;Part 15 of the

any habitat in the zoning plan area that is critical habitat;

(h) any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the zoning plan area;

any other matter prescribed by the regulations for the purposes of this paragraph.

the purposes for which the zone may be used or entered; and

the Australian IUCN Reserve Management Principles for the category.

state that a zoning plan has been prepared in respect of the area; and

(b) invite the public to make comments in connection with the plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette); and

specify the address or addresses at which copies of the plan may be inspected or purchased; and

specify the address to which comments must be sent; and

specify that a statement prepared under subsection 35(2) is publicly available and how a copy may be obtained.

the plan; and

if comments have been made in accordance with a notice under the Authority’s views on those comments.section 35B in connection with the plan—those comments, together with

Plan may be accepted or referred

accept the plan; or

refer the plan to the Authority, together with the Minister’s suggestions, for further consideration.

Process after plan is referred

accept the plan; or

accept the plan after making such alterations as the Minister thinks fit.

specifying the alterations; and

setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House; and

before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

at the time of the dissolution, expiry or prorogation, as the case may be:

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

the plan is taken, for the purposes of this section, to have been laid before the first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

the Minister must direct the Authority to prepare a fresh plan; and

the Authority must prepare a fresh plan in accordance with this Division.

(a) a zoning plan has been laid before both Houses of the Parliament under Legislation Act 2003; andsection 38 of the

neither House of the Parliament passes a resolution in accordance with subsection 35E(1) disallowing the plan;

the Minister must, as soon as practicable after the end of the last day on which a resolution disallowing the plan could have been passed, state, by public notice, that the plan is to come into operation on the date specified in the notice (which must not be earlier than the date the notice is published in the Gazette).

must specify an address or addresses at which copies of the plan may be inspected or purchased; and

may contain:

a description of the zone or zones to which the plan relates; and

any other particulars of the plan.

the plan has been in operation for at least 7 years; or

if the plan has been previously amended under this section—the most recent of those amendments has been in operation for at least 7 years.

(a) revoke a zoning plan (the existing plan) in respect of an area; and

prepare a new zoning plan in respect of that area;

only if:

the existing plan has been in operation for at least 7 years; or

if the existing plan has been amended under this section—the most recent of those amendments has been in operation for at least 7 years.

The revocation does not take effect until the new plan comes into operation.

the proposed revocation of a zoning plan in respect of an area; and

a proposed new zoning plan in respect of that area;

unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (3) of this section.

Revocation is a legislative instrument

any adverse effect;

direct or indirect harm;

harm to which the person’s use or entry has contributed, to any extent (whether or not other matters have contributed to the harm).

the nature of the harm to the environment that might or will result from the person’s use or entry;

the risk of harm from the person’s use or entry;

the sensitivity of the environment that might or will be affected by the person’s use or entry;

if the person is using or entering a zone—any objectives specified for the zone in its zoning plan;

the practicalities, including cost, of steps that will prevent or minimise the harm;

whether or not the person’s use or entry complies with the laws applying in the Marine Park in relation to the environment or natural resources;

whether or not the person’s use or entry complies with any relevant code of practice, standard or guideline;

whether or not the person’s use or entry is in accordance with any conditions of a permission granted under the regulations for the purposes of a zoning plan or a provision of this Act.

(a) a proposal to take an action is referred to the Minister under Environment Protection and Biodiversity Conservation Act 1999; andDivision 1 of Part 7 of the

the action, or a component of the action, involves doing a thing that would be an offence against this Act if done without a permission under the regulations;

the referral is taken to be an application made in accordance with the regulations for that permission.

(a) the thing is, or is part of, an action that is a controlled action for the purposes of the Environment Protection and Biodiversity Conservation Act 1999; and

(b) the Minister has not decided under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the taking of the action by the person for the purposes of each provision that is, for the purposes of that Act, a controlling provision for the action.

the person engages in conduct; and

(b) the conduct is mining operations or geological storage operations; and

the conduct is engaged in in the Great Barrier Reef Region; and

the person is not authorised to engage in the conduct by:

a permission granted under the regulations for the purposes of this section; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

in any other case—1,000 penalty units.

the person is the Authority; and

the Authority is engaging in the conduct for the purpose of research or investigations relevant to the conservation of the Marine Park.

a permission granted under the regulations for the purposes of section 38AA; or

an authority given in accordance with a condition of a permission referred to in paragraph (a).

for an aggravated contravention by an individual—5,000 penalty units; or

for an individual in any other case—2,000 penalty units; or

for an aggravated contravention by a body corporate—50,000 penalty units; or

for a body corporate in any other case—20,000 penalty units.

the person is the Authority; and

the Authority is engaging in the operations for the purpose of research or investigations relevant to the conservation of the Marine Park.

the person engages in conduct; and

the conduct is engaged in in a zone; and

under the zoning plan for the zone, the conduct:

is prohibited; or

requires permission; and

if the conduct requires permission—the person is not authorised to engage in the conduct by:

a permission granted under the regulations for the purposes of the zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

in any other case—1,000 penalty units.

the person engages in conduct; and

the conduct is engaged in in a zone; and

under the zoning plan for the zone, the conduct:

is prohibited; or

requires permission; and

if the conduct requires permission—the person is not authorised to engage in the conduct by:

a permission granted under the regulations for the purposes of the zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Increased penalty for conduct involving a turtle or dugong

a person commits an offence against subsection (3); and

the conduct the person engaged in that constituted the offence resulted in the taking of or injury to an animal; and

the animal is a member of a protected species; and

the protected species is:

(i) a species in the genus Dugong (dugong); or

a species in the family Cheloniidae (marine turtles); or

(iii) the species Dermochelys coriacea (leatherback turtles);

then the number of penalty units set out in the penalty for the offence is tripled.

conduct engaged in during the period of 120 days after the day on which the zoning plan, or an amendment of the zoning plan, commenced; or

conduct engaged in after the end of that period if the person had applied for a permission for the purposes of the zoning plan during that period.

for an aggravated contravention by an individual—5,000 penalty units; or

for an individual in any other case—2,000 penalty units; or

for an aggravated contravention by a body corporate—50,000 penalty units; or

for a body corporate in any other case—20,000 penalty units.

under the zoning plan for the zone, the conduct requires permission; and

the person is not authorised to engage in the conduct by:

a permission granted under the regulations for the purposes of the zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

for an aggravated contravention by an individual—5,000 penalty units; or

for an individual in any other case—2,000 penalty units; or

for an aggravated contravention by a body corporate—50,000 penalty units; or

for a body corporate in any other case—20,000 penalty units.

the person engages in conduct; and

the conduct is engaged in in a zone; and

the zoning plan for the zone requires that notice must be given to a specified body before the conduct is engaged in; and

the person failed to give the specified body notice in accordance with the zoning plan before engaging in the conduct.

the person operates a vessel; and

the person does so in a zone; and

the vessel is a primary commercial fishing vessel; and

the vessel is an Australian vessel; and

the vessel is authorised, under a law of the Commonwealth or of a State (including by a licence granted under such a law), to fish using a particular fishing method or particular fishing apparatus; and

under the zoning plan for the zone, fishing using that method or apparatus:

is prohibited; or

requires permission; and

if it requires permission—the person is not authorised to fish using that method or apparatus by:

a permission granted under the regulations for the purposes of the zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

the vessel is transiting through the zone; or

the vessel is anchored in the zone; or

the vessel is transiting to a place where the vessel is to anchor or transiting from a place where the vessel has been anchored.

the vessel is taking the most direct practicable route:

through the zone to a destination outside the zone; or

to or from a place of anchor; and

the vessel is maintaining a speed of at least 5 knots.

Defence—emergency or unavoidable accident

the operation of the vessel in the zone:

is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

is a result of an unavoidable accident, other than an accident caused by reckless or negligent behaviour; and

the Authority is notified of the operation, and the emergency or accident, no more than 48 hours after the vessel was first operated in the zone.

building, assembling or fixing in position:

a building or similar structure; or

a pontoon or other floating structure; or

a walkway, mooring facility or similar structure; or

a device for catching marine animals;

operating a vessel (see subsection (3)) with provision for more than 8 sleeping berths in the one vicinity for more than:

14 consecutive days; or

30 days in any period of 60 days;

carrying out reclamation work, beach protection work, road building work or any other work;

constructing a landing area;

constructing a farming facility;

conducting operations in or on, or maintaining:

a building or similar structure; or

a pontoon or other floating structure; or

a walkway, mooring facility or similar structure;

maintaining a device for catching marine animals;

demolishing or removing:

a building or similar structure; or

a pontoon or other floating structure; or

a walkway, mooring facility or similar structure;

and the person is not authorised to engage in the conduct by:

a permission granted under the regulations for the purposes of this section; or

an authority given in accordance with a condition of a permission referred to in paragraph (i).

for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

in any other case—1,000 penalty units.

conducting operations in or on the vessel;

using the vessel as a base for carrying on other activities;

carrying out maintenance of the vessel.

that occurred during the period 1 July 2004 to 14 December 2006; and

that did not attract a monetary penalty exceeding $5,000;

that conviction is for all purposes to be treated as a spent conviction under Crimes Act 1914.Part VIIC of the

the person is in charge of a vessel; and

the vessel is in the Marine Park; and

the person’s charge of the vessel results in, or is likely to result in, the vessel causing damage to the environment in the Marine Park.

for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

in any other case—1,000 penalty units.

the Authority or another body gives the person an order or direction under the regulations; and

the order or direction is of a kind declared by the regulations to be an order or direction to which this section applies; and

the person engages in conduct; and

the conduct contravenes the order or direction.

the person discharges waste; and

the waste is discharged in the Marine Park; and

the person is not authorised to discharge the waste by:

a permission granted under the regulations for the purposes of this section; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

in any other case—1,000 penalty units.

the person discharges waste; and

the waste is discharged from a vessel; and

the waste is discharged in the Marine Park; and

the person is not authorised to discharge the waste by:

a permission granted under the regulations for the purposes of this section; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and

the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.

Defence—certain discharges from vessels, aircraft and platforms

it was for the purpose of securing the safety of the vessel, aircraft or platform;

it was for the purpose of saving life at sea;

it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:

(i) a prescribed officer Protection of the Sea (Prevention of Pollution from Ships) Act 1983; orwithin the meaning of subsection 3(2) of the

the Authority under section 38DE.

Defence—discharge in zone where discharges do not require permission

the person is authorised to do something by:

a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i); and

the permission is subject to a condition; and

the person engages in conduct; and

the conduct contravenes the condition.

for an aggravated offence—1,000 penalty units; or

in any other case—500 penalty units.

the person is authorised to do something by:

a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i); and

the permission is subject to a condition; and

the person engages in conduct; and

the conduct contravenes the condition.

the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and

the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.

Defence—certain discharges from vessels, aircraft and platforms

it was for the purpose of securing the safety of the vessel, aircraft or platform;

it was for the purpose of saving life at sea;

it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:

(i) a prescribed officer Protection of the Sea (Prevention of Pollution from Ships) Act 1983; orwithin the meaning of subsection 3(2) of the

the Authority under section 38DE.

a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

an authority given in accordance with a condition of a permission referred to in paragraph (a);

must not engage in conduct that contravenes a condition of the permission.

for an aggravated contravention by an individual—2,000 penalty units; or

for an individual in any other case—1,000 penalty units; or

for an aggravated contravention by a body corporate—20,000 penalty units; or

for a body corporate in any other case—10,000 penalty units.

the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and

the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.

it was for the purpose of securing the safety of the vessel, aircraft or platform;

it was for the purpose of saving life at sea;

it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:

(i) a prescribed officer Protection of the Sea (Prevention of Pollution from Ships) Act 1983; orwithin the meaning of subsection 3(2) of the

the Authority under section 38DE.

a person is responsible (see subsection (4)) for a vessel, aircraft or platform; and

the vessel, aircraft or platform is used in committing an offence against a provision of another Division of this Part; and

the person failed to take all reasonable steps and to exercise due diligence to prevent the vessel, aircraft or platform being used in committing the offence.

any steps the person took to become satisfied that this Act would be complied with; and

if the person was, or should have been, aware that there was a risk that the vessel, aircraft or platform would be used in committing an offence—any steps the person took to reduce or remove that risk.

the master of the vessel or the person in charge of the aircraft or platform;

the owner or a co-owner, or an owner of any part of or share in, the vessel, aircraft or platform;

a party to an agreement with a person referred to in paragraph (a) or (b) under which the party, or the party and the other person, may determine the activities for which the vessel, aircraft or platform is used;

in relation to a primary commercial fishing vessel used in committing an offence constituted by conduct that is fishing:

a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the vessel to be used to take fish for commercial purposes; and

a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the vessel’s fishing operations;

in relation to a dory used in committing an offence constituted by conduct that is fishing:

the master of the primary commercial fishing vessel in association with which the dory is used; and

a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the dory to be used in association with a primary commercial fishing vessel; and

a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the primary commercial fishing vessel in association with which the dory is used to be used to take fish for commercial purposes; and

a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the fishing operations of the primary commercial fishing vessel in association with which the dory is used.

the person is an owner of or the master of a vessel; and

the vessel is used in committing an offence against a provision of another Division of this Part; and

the conduct constituting the offence is engaged in in a zone; and

the vessel is a ship within the meaning of the zoning plan for the zone.

the person is an owner of or the master of a vessel; and

the vessel is used in committing an offence against section 38DA (vessel causing damage in Marine Park) or 38DD (discharging waste).

the person gives another person authority to engage in conduct; and

the authority is given in accordance with a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; and

the permission is subject to a condition; and

the other person commits an offence against section 38EA involving a contravention of the condition; and

the person failed to take all reasonable steps and to exercise due diligence to prevent the other person contravening the condition.

any steps the person took to become satisfied that the conditions of the permission would be complied with; and

if the person was, or should have been, aware that there was a risk that the other person would contravene a condition of the permission—any steps the person took to reduce or remove that risk.

was fishing that involved a primary commercial fishing vessel or a dory; or

was navigating a vessel that is a ship within the meaning of the zoning plan for the zone in which the vessel was being navigated; or

resulted in:

the taking of or injury to an animal or plant that is a member of a protected species; or

serious harm to the environment in the Marine Park (see subsection (7)); or

had the potential to result in serious harm to the environment in the Marine Park (see subsection (8)); or

was done for a commercial purpose.

if paragraph (1)(a) applies—that the defendant was reckless as to whether the conduct he or she engaged in was fishing;

if paragraph (1)(b) applies—that the defendant was reckless as to whether the conduct he or she engaged in was navigating a vessel;

if paragraph (1)(c) applies—that the defendant was reckless as to whether the conduct he or she engaged in had the result referred to in paragraph (1)(c);

if paragraph (1)(d) applies—that the defendant was reckless as to whether the conduct he or she engaged in had the potential to result in serious harm to the environment in the Marine Park;

(e) if paragraph (1)(e) applies—that the defendant intended to engage in the conduct for a commercial purpose.

if paragraph (1)(a) applies—the physical element of circumstance, that the fishing involved a primary commercial fishing vessel or a dory; and

if paragraph (1)(b) applies—the physical element of circumstance, that the vessel is a ship within the meaning of the zoning plan for the zone in which it was being navigated; and

if subparagraph (1)(c)(i) applies—the physical element of circumstance, that the animal or plant is a member of a protected species.

is not satisfied that the defendant has committed an aggravated offence against that provision; and

is satisfied beyond reasonable doubt that the defendant has committed an offence against that provision;

the trier of fact may find the defendant not guilty of the aggravated offence but guilty of an offence against that provision.

the harm;

the size of the affected environment;

the sensitivity of the affected environment;

the significance of the affected environment;

the management objectives contained in the zoning plan for the zone in which the person engaged in the conduct;

whether the harm is irreversible;

the measures required to remedy the harm.

a person commits an aggravated offence against subsection 38BA(1) in relation to an animal because of subparagraph (1)(c)(i) of this section; and

the animal is a member of:

(i) a species in the genus Dugong (dugong); or

a species in the family Cheloniidae (marine turtles); or

(iii) the species Dermochelys coriacea (leatherback turtles);

then the number of penalty units set out in the penalty for the aggravated offence is tripled.

was fishing that involved a primary commercial fishing vessel or a dory; or

was navigating a vessel that is a ship within the meaning of the zoning plan for the zone in which the vessel is being navigated; or

resulted in:

the taking of or injury to an animal or plant that is a member of a protected species; or

serious harm to the environment in the Marine Park; or

had the potential to result in serious harm to the environment in the Marine Park; or

was done for a commercial purpose.

is not satisfied that the person has committed an aggravated contravention against that provision; and

is satisfied beyond reasonable doubt that the person has contravened that provision;

the Federal Court may make a pecuniary penalty order against the person not for the aggravated contravention but for the contravention of that provision.

an individual or a body corporate contravenes subsection 38BB(1) or (2); and

the contravention is an aggravated contravention in relation to an animal because of subparagraph (1)(c)(i) of this section; and

the animal is a member of:

(i) a species in the genus Dugong (dugong); or

a species in the family Cheloniidae (marine turtles); or

(iii) the species Dermochelys coriacea (leatherback turtles);

then the number of penalty units set out in the relevant penalty for the aggravated contravention is tripled.

does not include a term of imprisonment (otherwise than because of section 38HC, 38HD, 38HE or 38HF); or

includes a term of imprisonment of 6 months or less;

may be commenced at any time within 2 years of the commission of the offence.

the conduct constituting the offence occurs in the exclusive economic zone of Australia; and

none of the following apply:

the person is an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;

an Australian vessel is used in committing the offence;

an Australian aircraft is used in committing the offence;

a platform located in the Great Barrier Reef Region is used in committing the offence; and

the penalty set out at the foot of the provision for an offence against the provision includes imprisonment.

(a) the conduct constituting the offence (the underlying offence) to which the vicarious liability offence relates occurs in the exclusive economic zone of Australia; and

the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

the penalty set out at the foot of the provision for an offence against the provision includes imprisonment.

the result of the conduct constituting the offence is pollution of the marine environment (however described); and

the conduct occurs in the territorial sea of Australia; and

none of the following apply:

the person is an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;

an Australian vessel is used in committing the offence;

an Australian aircraft is used in committing the offence;

a platform located in the Great Barrier Reef Region is used in committing the offence; and

the penalty set out at the foot of the provision for an offence against that provision includes imprisonment.

the person intended to engage in the conduct that constituted the offence; and

the pollution is serious.

(a) the result of the conduct constituting the offence (the underlying offence) to which the vicarious liability offence relates is pollution of the marine environment (however described); and

the conduct constituting the underlying offence occurs in the territorial sea of Australia; and

the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and

the penalty set out at the foot of the provision for an offence against that provision includes imprisonment.

the person who engaged in the conduct that constituted the underlying offence intended to engage in that conduct; and

the pollution is serious.

the person who is the holder of the chargeable permission;

a visitor who is provided a service by the holder of the chargeable permission under the permission.

Grants or transfers before commencement date

beginning on the later of the following days:

the date of commencement of this section;

the date of the grant or transfer of the chargeable permission; and

ending on the day on which the chargeable permission ceases to be in force.

assist holders of such permissions directly or indirectly affected by the coronavirus known as COVID-19; and

facilitate interstate and overseas trade by helping sustain the viability of Australian businesses engaged, or usually engaged, in such trade.

Scope

beginning on 1 January 2020; and

ending on 31 March 2020.

Waiver of charge etc.

the holder of a chargeable permission paid a charge amount; and

the charge amount related to the relevant period;

the Commonwealth must refund to the holder an amount equal to the charge amount.

a holder of a chargeable permission provides a service to a visitor under the permission; and

charge is due and payable by the visitor in relation to the permission;

then the holder must collect the charge from the visitor.

Civil penalty for failing to collect charge

the holder provides a service to the visitor under the permission; and

charge is due and payable by the visitor in relation to the permission.

for an individual—100 penalty units; or

for a body corporate—500 penalty units.

a penalty amount that the person is liable to pay; and

a late payment penalty that is payable by the person on the penalty amount.

for an individual—20 penalty units; or

for a body corporate—100 penalty units.

a collected amount that the person is liable to pay; and

a late payment penalty that is payable by the person on the collected amount.

the person makes a false or misleading representation; and

(b) the person is reckless as to whether the representation is false or misleading; and

the representation relates to:

a person’s liability to pay a tax, charge or fee (however described) imposed by the Commonwealth for purposes connected with use of or entry to the Marine Park; or

the amount of any such tax, charge or fee; and

the representation is made in the course of providing a tourism-related service (see subsection (3)).

a service provided on a commercial basis to or for the benefit of tourists, or in relation to tourism, in Australia; and

any action incidental to such a service (for example, advertising a service).

assist holders of such permissions directly or indirectly affected by the coronavirus known as COVID-19; and

facilitate interstate and overseas trade by helping sustain the viability of Australian businesses engaged, or usually engaged, in such trade.

Scope

beginning on 1 January 2020; and

ending on 31 March 2020.

One-off grant

a grant is payable to the holder of the chargeable permission equal to the amount of the collected amount; and

sections 39FB and 39G are taken not to apply, and to never have applied, in relation to the collected amount.

Set-off

the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or

if the amount worked out under paragraph (a) is less than $250—$250.

the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or

if the amount worked out under paragraph (a) is less than $250—$250.

the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or

if the amount worked out under paragraph (a) is less than $250—$250.

on the Authority’s own initiative; or

at the request of a person who is liable to pay late payment penalty.

the Authority makes a decision under subsection (2) in relation to late payment penalty payable by a person; and

the decision was made as the result of a request made by the person;

the notice of the decision must also set out the reasons for the decision.

charge that is due and payable;

a collected amount that is due and payable;

a penalty amount that is due and payable;

late payment penalty that is due and payable.

the methods by which charge, collected amounts, penalty amounts and late payment penalty may be paid;

discounts for early payment of charge;

refunds of, or of overpayments of, charge;

as an alternative to the refund of the whole or a part of an amount to a person as mentioned in paragraph (c), crediting the amount or the part of the amount against a liability of the person under this Part.

collection agents; or

electronic funds transfer systems; or

credit cards; or

debit cards.

the period of 21 days after the day on which notice of the decision is given to the person; or

such further period as the Authority allows;

request the Authority to reconsider the decision.

the person may, if dissatisfied with the decision, seek a reconsideration of the decision by the Authority in accordance with subsection 39L(1); and

(b) the person may, subject to the Administrative Review Tribunal Act 2024, if dissatisfied with the decision made by the Authority upon that reconsideration confirming, revoking or varying the first-mentioned decision, apply to the ART for review of the decision so confirmed, revoked or varied.

the Authority, under subsection 39L(3), confirms, revokes or varies a decision made under subsection 39G(2); and

gives to the person written notice of the confirmation, revocation or variation of the decision;

that notice must include a statement to the effect that the person may, subject to the Administrative Review Tribunal Act 2024, if dissatisfied with the decision so confirmed, revoked or varied, apply to the ART for review of the decision.

to keep and retain records, where the records are relevant to ascertaining a person’s liability to charge or to pay a collected amount; and

to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to charge or to pay a collected amount; and

to:

produce documents to the Authority or an inspector; or

make copies of documents and give the copies to the Authority;

where the documents are relevant to ascertaining a person’s liability to charge or to pay a collected amount.

giving the information or return or producing the document or copy; or

any information, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;

is not admissible in evidence against the person in:

(c) criminal proceedings other than proceedings under, or arising out of, Criminal Code that relates to this Part; orsection 39Q of this Act or a prosecution for an offence against section 137.1 or 137.2 of the

proceedings for recovery of an amount of late payment penalty.

the custody of collected amounts; and

the banking of collected amounts; and

the keeping of accounts in relation to collected amounts; and

the application of interest, or other amounts, derived from the custody or banking of collected amounts.

inspect; and

take extracts from; and

make copies of;

any documents in or on the aircraft or vessel that are relevant to ascertaining a person’s liability to charge or to pay a collected amount.

if the inspector is a member of a police force—written evidence of the fact that the inspector is a member of that police force; or

in any other case—the inspector’s identity card.

the occupier of the premises has required the inspector to produce written identification for inspection by the occupier; and

the inspector fails to produce:

if the inspector is a member of a police force—written evidence of the fact that the inspector is a member of that police force; or

in any other case—the inspector’s identity card for inspection by the occupier.

identify himself or herself to that person; and

make available to that person a copy of the warrant (which need not be signed).

search the premises for; and

inspect; and

take extracts from; and

make copies of;

any documents that are relevant to ascertaining a person’s liability to charge or to pay a collected amount.

a structure or building; and

land or a place (whether enclosed or built upon or not); and

a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

with such assistance, and by such force, as is necessary and reasonable; and

during such hours as the warrant specifies, or, if the warrant so specifies, at any time.

specify the purpose for which the warrant is issued; and

specify the powers exercisable under subsection 39T(3) by the inspector to whom the warrant is issued; and

describe the kind of documents to which the warrant relates; and

specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect.

remuneration for the purposes of subsection (1); and

allowances for the purposes of subsection (2).

for misbehaviour; or

if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.

the CEO:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 39ZQ); or

the CEO becomes a member of the governing body of a relevant interest group (see section 39ZR); or

the Minister is satisfied that the performance of the CEO has been unsatisfactory for a significant period; or

(f) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

the CEO is the Head of that Statutory Agency.

appoint any person to be an inspector; and

specify the powers that the person may exercise as an inspector under this Act; and

(c) specify the powers that the person may exercise as an inspector under the Environment Protection and Biodiversity Conservation Act 1999.

an arrangement in respect of the officer or employee is in force under subsection 43A(1); and

the powers specified for the officer or employee for the purposes of paragraphs (1)(b) and (c) are limited in a way that is consistent with any limitation set out in the arrangement.

an arrangement in respect of the official is in force under subsection 43A(2); and

the powers specified for the official for the purposes of paragraphs (1)(b) and (c) are limited in a way that is consistent with any limitation set out in the arrangement.

an officer or employee of Queensland or of an authority of Queensland (including a local government body); or

a member of the police force of Queensland;

to be an inspector unless:

an arrangement in respect of the officer, employee or member is in force under subsection 43A(3); and

the powers specified for the officer, employee or member for the purposes of paragraphs (1)(b) and (c) are limited in a way that is consistent with any limitation set out in the arrangement.

officers or employees of Queensland or of an authority of Queensland (including a local government body); or

members of the police force of Queensland;

to be appointed as inspectors under subsection 43(1) of this Act.

Limits on powers

subsection 31(4) or (5); or

subsection 34(4), (7) or (8); or

subsection 35C(2), (5) or (6); or

subsection 37(2) or (4); or

subsection 37A(1); or

subsection 54(4); or

paragraph 61ACA(4)(a); or

section 61ADE.

the Chairperson;

the CEO;

an employee of the Department or of the Authority;

(c) an officer or employee of an Agency (within the meaning of the Public Service Act 1999) in respect of whom an arrangement is in force under subsection 48A(1);

an official of a corporate Commonwealth entity in respect of whom an arrangement is in force under subsection 48A(2);

an officer or employee of Queensland, or of an authority of Queensland (including a local government body), in respect of whom an arrangement is in force under subsection 48A(3).

is an SES employee or an acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2, or equivalent, position; or

is of equivalent rank to an APS employee who:

is an SES employee or acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

is an SES employee or an acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.

the management, protection or maintenance of the Great Barrier Reef World Heritage Area;

purposes incidental to the management, protection or maintenance of the Great Barrier Reef World Heritage Area;

meeting the expenses of administering the Account.