for the purpose of increasing or concentrating populations of marine plants and animals; or

for the purpose of being used in human recreational activities;

and includes anything prescribed by the regulations to be an artificial reef for the purposes of this definition, but does not include anything prescribed by the regulations not to be an artificial reef for the purposes of this definition.

artificial reef permit means a permit under section 19 for the placement of an artificial reef.

artificial reef placement means the placement of any controlled material into the sea for the purpose of creating an artificial reef, being a placement that is not contrary to the aims of the Protocol.

Australian aircraft means an aircraft that: is owned by: the Commonwealth or an authority of the Commonwealth; or a State or an authority of a State; or the Northern Territory or an authority of the Northern Territory; or is registered in Australia.

is owned by:

the Commonwealth or an authority of the Commonwealth; or

a State or an authority of a State; or

the Northern Territory or an authority of the Northern Territory; or

is registered in Australia.

Australian platform means a platform in Australian waters that is: owned by: an Australian citizen; or (ii) a person who holds a permanent visa under the Migration Act 1958 and is domiciled in Australia or an external Territory; or a corporation incorporated in Australia or an external Territory; or the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or operated by: a corporation incorporated in Australia or an external Territory; or the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or prescribed by regulations made for the purposes of this paragraph as being an Australian platform; except a platform prescribed by the regulations as not being an Australian platform.

owned by:

an Australian citizen; or

(ii) a person who holds a permanent visa under the Migration Act 1958 and is domiciled in Australia or an external Territory; or

a corporation incorporated in Australia or an external Territory; or

the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or

operated by:

a corporation incorporated in Australia or an external Territory; or

the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or

prescribed by regulations made for the purposes of this paragraph as being an Australian platform;

except a platform prescribed by the regulations as not being an Australian platform.

Australian vessel means a vessel that: is owned by: the Commonwealth or an authority of the Commonwealth; or a State or an authority of a State; or the Northern Territory or an authority of the Northern Territory; or is registered in Australia or flying the Australian flag.

is owned by:

the Commonwealth or an authority of the Commonwealth; or

a State or an authority of a State; or

the Northern Territory or an authority of the Northern Territory; or

is registered in Australia or flying the Australian flag.

Australian waters means:

the territorial sea of Australia and any sea that is on the landward side of the territorial sea of Australia, other than any part of the sea that is within the limits of a State or of the Northern Territory; or

the territorial sea of an external Territory and any sea that is on the landward side of that territorial sea; or

the exclusive economic zone adjacent to the coast of Australia or the coast of an external Territory; or

any other area of sea that is above the continental shelf of Australia or above the continental shelf of an external Territory.

and includes any area of sea that is declared by the regulations to be included in Australian waters for the purposes of this Act.

coastal waters means:

(a) in relation to a State—that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980; or

(b) in relation to the Northern Territory—that part of the sea that is included in the coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980.

controlled material means:

wastes or other matter (within the meaning of the Protocol); and

a vessel, aircraft or platform.

Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.

holder means the person to whom the permit has been granted.

inspector means:

a person appointed as an inspector under section 26; or

a member of a police force, or an officer of Customs, who is an inspector by force of section 27.

offending craft, in relation to an offence against section 10F, means:

if the primary offence referred to in section 10F is an offence against section 10A—any vessel, aircraft or platform from which, or on which, the controlled material was dumped; or

if the primary offence referred to in section 10F is an offence against section 10B—the vessel or platform on which the controlled material was incinerated; or

if the primary offence referred to in section 10F is an offence against section 10C—the vessel, aircraft or platform on which the controlled material was loaded; or

if the primary offence referred to in section 10F is an offence against section 10D—any vessel, aircraft or platform used to export the controlled material; or

if the primary offence referred to in section 10F is an offence against section 10E—any vessel, aircraft or platform from which the artificial reef placement occurred.

offending material means:

in relation to an offence against section 10A—the controlled material that was dumped; or

in relation to an offence against section 10B—the controlled material that was incinerated; or

in relation to an offence against section 10C—the controlled material that was loaded; or

in relation to an offence against section 10D—the controlled material that was exported; or

in relation to an offence against section 10E—the controlled material that was placed for the purpose of creating an artificial reef; or

in relation to an offence against section 10F—the offending material in relation to the primary offence referred to in section 10F.

owner, in relation to a vessel, aircraft or platform, includes:

every person who is a co-owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and

every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform.

permit means a permit granted under section 19.

person in charge means:

in relation to a vessel—the master or other person in charge of the vessel;

in relation to an aircraft—the person in charge of the aircraft; or

in relation to a platform—the person in charge of the operations conducted on or from the platform.

platform includes any man-made structure at sea, whether floating or fixed to the seabed, but does not include a vessel.

Protocol means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.

radioactive material means material that has an activity of more than 35 becquerels per gram.

seriously harmful material means:

radioactive material; or

any other material that is prescribed by the regulations for the purposes of this paragraph.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters done at Sydney on 18 December 1978.

the Minister has first consulted the Government of the Republic of Indonesia about issuing the permit; or

a notice is in force under subsection (3) and the issue of the permit is within the scope of the agreement to which the notice relates.

a vessel other than an Australian vessel; or

an aircraft other than an Australian aircraft; or

a platform, other than a platform that is subject to Australia’s jurisdiction under paragraph 7(b) or (h) of the Australia-Indonesia Delimitation Treaty;

unless:

the Minister has first consulted the Government of the Republic of Indonesia about the exercise of powers by inspectors in the overlap area in relation to that vessel, aircraft or platform; or

a notice is in force under subsection (5) and the exercise of the powers is within the scope of the agreement to which the notice relates.

the Minister has first consulted Timor-Leste about issuing the permit; or

a declaration is in force under subsection (2) and the issue of the permit is within the scope of the agreement to which the declaration relates.

a vessel other than an Australian vessel; or

an aircraft other than an Australian aircraft; or

a platform other than an Australian platform;

unless:

the Minister has first consulted Timor-Leste about the exercise of powers by inspectors in the Greater Sunrise special regime area in relation to that vessel, aircraft or platform; or

a declaration is in force under subsection (4) and the exercise of the powers is within the scope of the agreement to which the declaration relates.

in a situation of armed conflict; or

in an emergency situation other than a situation of armed conflict.

dumping or incineration at sea;

loading for dumping or incineration at sea;

export for dumping or incineration at sea;

artificial reef placements.

dumps controlled material into Australian waters from any vessel, aircraft or platform; or

dumps controlled material into any part of the sea from any Australian vessel or Australian aircraft; or

dumps a vessel, aircraft or platform into Australian waters; or

dumps an Australian vessel or Australian aircraft into any part of the sea.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

on a vessel or platform in Australian waters; or

on an Australian vessel in any part of the sea.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

loads controlled material on a vessel, aircraft or platform in Australia or Australian waters:

knowing that it will be dumped into the sea or incinerated at sea; or

reckless as to whether it will be dumped into the sea or incinerated at sea; or

loads controlled material on any Australian vessel or Australian aircraft:

knowing that it will be dumped into the sea or incinerated at sea; or

reckless as to whether it will be dumped into the sea or incinerated at sea.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

the person exports controlled material from Australia to another country:

knowing that it will be dumped into the sea or incinerated at sea; or

reckless as to whether it will be dumped into the sea or incinerated at sea; and

if the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation—the export of the material is not in accordance with a permit.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

knew that the offending craft or offending material would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and

did not take reasonable steps to prevent the use of the offending craft or offending material in committing the primary offence.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.

(a) each of the following persons is a responsible person in relation to an offending craft:

the owner of the offending craft;

the person in charge of the offending craft; and

(b) the owner of offending material is a responsible person in relation to the offending material.

dumping into waters that are not Australian waters; or

incineration at sea in waters that are not Australian waters;

if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

dumping into waters that are not Australian waters; or

incineration at sea in waters that are not Australian waters;

if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation; and

the loading is for the purpose of the export of the carbon dioxide streams from Australia to another country; and

there is a permit in force for that export.

(a) the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or

the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur;

and, in either case:

the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and

a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred.

cause an obstruction, or constitute a danger, to vessels; or

result in harm to human or marine life; or

result in an interference with the exercise of the sovereign rights of Australia as a coastal State:

to explore the seabed and subsoil beneath Australian waters; and

to exploit the natural resources of the seabed and subsoil beneath Australian waters;

then the Minister may cause to be taken such steps as the Minister considers proper to repair or remedy any condition, or to mitigate any damage, arising from the occurrence.

the dumping of controlled material into Australian waters;

the incineration at sea in Australian waters of controlled material;

an artificial reef placement in Australian waters;

a contravention of a condition of a permit.

a person has been convicted of an offence against section 10A, 10B, 10E, 10F or 36; and

because the Minister has exercised his or her powers under section 16, the Commonwealth has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from:

if the offence is an offence against section 10A, 10B, 10E or 36—the conduct that constituted the offence; or

if the offence is an offence against section 10F—the conduct that constituted the primary offence referred to in that section;

a person so convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth and that amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.

has been convicted of:

an offence against section 10A or 36 with respect to dumping from the vessel, aircraft or platform; or

an offence against section 10B or 36 with respect to incineration at sea on the vessel or platform; or

an offence against section 10E or 36 with respect to an artificial reef placement from the vessel, aircraft or platform; or

an offence against section 10F with respect to the vessel, aircraft or platform; and

is liable by virtue of subsection (1) of this section to pay an amount to the Commonwealth in respect of that offence;

that amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.

is an Australian vessel or Australian aircraft, as the case may be; or

is in Australia or an external Territory or in Australian waters.

takes to sea any vessel that been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention; or

removes from Australia or an external Territory any aircraft that has been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention;

the person commits an offence punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both.

knew that the vessel or aircraft would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and

did not take reasonable steps to prevent the use of the vessel or aircraft in committing the primary offence.

the owner of the vessel or aircraft;

the person in charge of the vessel or aircraft.

a provision that the applicant will, at his or her own expense, undertake such research or analysis as is specified in the agreement, being research or analysis relating to the effect that the proposed dumping or artificial reef placement might have on the marine environment;

a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research or analysis of a kind referred to in paragraph (a);

a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research or analysis undertaken by the applicant in accordance with the agreement;

a provision that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement:

the Commonwealth may undertake the necessary research or analysis, as the case may be; and

in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;

a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement;

a provision that the applicant will report to the Minister the results of any research or analysis undertaken by him or her in accordance with the agreement.

30 days after the day on which the Minister receives advice given under section 163 of that Act;

90 days after the application is made.

may only be granted for controlled material that is within Annex 1 to the Protocol; and

may only be granted in accordance with Annex 2 to the Protocol.

poses an unacceptable risk to human health, safety, or the marine environment; and

admits of no other feasible solution.

that the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub-seabed geological formation; and

of the matters referred to in paragraphs 4.1, 4.2 and 4.3 of Annex 1 to the Protocol; and

that there is an agreement or arrangement in force between Australia and the other country that includes the matters covered by paragraphs 2.1 and 2.2 (as appropriate) in the Annex to Resolution LP.3(4) adopted on 30 October 2009 by the Contracting Parties to the Protocol; and

that the grant of the permit would be in accordance with Annex 2 to the Protocol; and

of any other matters the Minister considers relevant.

the Protocol;

the Torres Strait Treaty;

the Antarctic Treaty;

any other treaty or convention to which Australia is a party and that relates to dumping at sea or to Antarctica or Antarctic resources.

in the case of a permit for dumping or artificial reef placement—a provision that the applicant will, at his or her own expense, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation or artificial reef placement of any contaminants;

in the case of a permit for dumping—a provision that the applicant will investigate, as specified in the agreement, the possibility of avoiding or reducing the need for further dumping by him or her;

a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;

a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;

a provision that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement:

the Commonwealth may undertake the necessary research, monitoring or investigation, as the case may be; and

in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;

a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement;

a provision that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him or her in accordance with the agreement.

a provision of this Act relating to the permit or a condition imposed in respect of the permit has been contravened; or

it is necessary or expedient to do so in order properly to regulate the activities with which this Act is concerned.

variation of the permit; or

revocation, suspension or variation of a condition of the permit.

if he or she is satisfied that the application should be granted:

revoke or suspend the condition;

vary the permit or the condition in accordance with the application; or

cancel the suspension of the permit;

as the case may be; or

if he or she is not so satisfied—refuse to grant the application.

(a) a decision by the Minister under Environment Protection and Biodiversity Conservation Act 1999 (as it applies of its own force or because of Subdivision A of Division 4 of Part 11 of that Act) in relation to the conduct in respect of which the application is made; orsection 19 in connection with an application for a permit where an inquiry has been held under Part 8 of the

a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.

any Australian vessel or Australian aircraft;

any vessel, aircraft or platform that is in Australia or an external Territory;

any vessel or platform that is in Australian waters;

any aircraft that is capable of landing on water and is in Australian waters.

any controlled material that is to be dumped into the sea or incinerated at sea; or

any controlled material that is to be placed as part of an artificial reef placement; or

any matter or thing that may afford evidence as to the commission of an offence against this Act;

and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft.

in the case of a member of a police force—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; or

in the case of an officer of Customs—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that the officer is an officer of Customs; or

in any other case—produce his or her identity card for inspection by that person;

and, if he or she fails to do so, he or she is not authorized to remain, or to require any person assisting him or her to remain, on board that vessel, aircraft or platform or to detain that vessel or aircraft.

in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or

in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that the officer is an officer of Customs; or

in any other case—produce his or her identity card for inspection by that person;

and, if he or she fails to do so, that person is not obliged to comply with the requirement.

any controlled material that is to be dumped into the sea or incinerated at sea; or

any controlled material that is to be placed as part of an artificial reef placement; or

any matter or thing that may afford evidence as to the commission of an offence against this Act;

the inspector may make application to a magistrate for a warrant authorizing the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 31.

that there is reasonable ground for believing that there is on the premises to which the application relates:

any controlled material that is to be dumped into the sea or incinerated at sea; or

any controlled material that is to be placed as part of an artificial reef placement; or

any matter or thing that may afford evidence as to the commission of an offence against this Act; and

that the issue of the warrant is reasonably required for the purposes of this Act;

the magistrate may grant a warrant authorizing the inspector, with such assistance as he or she thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 31.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

after having considered the information mentioned in subsection (3); and

after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same form of warrant as would be issued under section 30.

the magistrate must notify the inspector, by telephone, fax or other electronic means, of the terms of the warrant and the date on which and the time at which it was signed, and write on it the reasons for granting it; and

the inspector must complete a form of warrant in the terms notified to the inspector by the magistrate and write on it the name of the magistrate and the date on which and the time at which it was signed.

it is material, in any proceedings, for a court to be satisfied that an exercise of power was authorised under this section; and

the warrant signed by the magistrate under this section authorising the exercise of power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.

to search for, and take possession of, any matter or thing that may afford evidence as to the commission of an offence against this Act;

to search for, inspect, takes extracts from and make copies of any document that relates to:

the loading, dumping or incineration at sea of any controlled material; or

the export of any controlled material that is to be dumped into the sea or incinerated at sea; or

any controlled material that is to be placed as part of an artificial reef placement;

to inspect, and take samples of:

any controlled material; or

any controlled material that is to be placed as part of an artificial reef placement;

to observe:

the loading on a vessel, aircraft or platform of any controlled material that is to be dumped into the sea or incinerated at sea; or

the dumping into the sea, or the incineration at sea, of any controlled material; or

an artificial reef placement.

the person is committing or has committed an offence against this Act; and

proceedings against the person by summons would not be effective.

in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or

in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that the officer is an officer of Customs; or

in any other case—produce his or her identity card for inspection by that person.

upon application by the Attorney-General or by an interested person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, an offence against section 10A, 10B, 10C, 10D or 10E; and

make any order incidental or supplementary to an order made on an application under paragraph (a), including an order as to costs.

doing, refusing to do or refraining from doing, any act or thing; or

causing or permitting another person to do, refuse to do or refrain from doing, any act or thing.

makes a statement that, to his or her knowledge, is false or misleading in a material particular; or

furnishes to an officer or other person doing duty in relation to this Act a document that, to the knowledge of the first-mentioned person, contains information that is false or misleading in a material particular;

commits an offence against this subsection punishable, on conviction, by imprisonment for a term not exceeding 2 years.

makes to an inspector doing duty in relation to this Act a statement that, to the knowledge of the person, is false or misleading in a material particular; or

furnishes to an inspector doing duty in relation to this Act a document that, to the knowledge of the person, contains information that is false or misleading in a material particular;

commits an offence against this subsection punishable, on conviction, by imprisonment for up to 1 year or a fine up to 60 penalty units, or both.

the holder does an act that constitutes a contravention of a condition imposed in respect of the permit; and

at the time of that act, the holder knows of the existence of that condition, or is reckless as to the existence of that condition.

the court is satisfied that it is proper to do so; and

the defendant and the prosecutor consent.

if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 2 years or a fine up to 240 penalty units, or both;

if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 1 year or a fine up to 120 penalty units, or both;

in any other case—imprisonment for up to 6 months or a fine up to 60 penalty units, or both.

any record kept in pursuance of the regulations is admissible as prima facie evidence of the facts stated in the record;

a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

a document purporting to be a record kept in pursuance of the regulations, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.

that a permit was granted to a specified person on a specified day;

that a specified permit contained specified terms;

that a specified permit was revoked, suspended or varied on a specified day;

that the suspension of a specified permit was cancelled on a specified day;

that specified conditions were imposed in respect of a specified permit;

that a specified condition imposed in respect of a specified permit was revoked, suspended or varied on a specified day;

that the suspension of a specified condition imposed in respect of a specified permit was cancelled on a specified day;

that a specified notice containing specified terms was served on the holder of a specified permit on a specified day;

that Australian waters did, or did not, at a particular time include the top hat area referred to in section 4A;

and the certificate is prima facie evidence of the matters stated in it.

that he or she is appointed as the analyst under subsection (1);

when and from whom the substance was received;

what labels or other means of identification accompanied the substance when it was received;

what container the substance was in when it was received;

a description, including the weight, of the substance when it was received;

the name of any method used to analyse the substance or any portion of it;

the results of any such analysis;

how the substance was dealt with after handling by the analyst, including details of:

the quantity of the substance retained after analysis; and

names of any person to whom any of the retained substance was given after analysis; and

measures taken to secure any retained quantity of the substance after analysis;

is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.

providing for the manner of service of notices under this Act; and

providing for the imposition of penalties not exceeding 10 penalty units.