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GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 26

26. After section 61 of the Principal Act the following sections are inserted:
Restoration of environment etc.

"61A. (1) Where the Minister believes on reasonable grounds that an act or
omission constitutes an offence against this Act, the Minister may cause to be
taken such steps as the Minister thinks proper:

   (a)  to repair or remedy any condition arising from that act or omission;

   (b)  to mitigate any damage arising from that act or omission; or

   (c)  to prevent any damage likely to arise from that act or omission.

"(2) Where the Minister believes on reasonable grounds that an act or omission
constitutes an offence against section 38H in relation to an order relating to
the removal of a structure, landing area, farming facility, vessel, aircraft
or other thing, the Minister may cause to be taken such steps as the Minister
thinks proper:

   (a)  to remove that structure, landing area, farming facility, vessel,
        aircraft or other thing;

   (b)  to repair or remedy any condition arising from that removal;

   (c)  to mitigate any damage arising from that removal; or

   (d)  to prevent any damage likely to arise from that removal.

"(3) The Minister may, by writing, delegate to the Authority or to the
Chairman all or any of his or her powers under this section.

"(4) The Authority and the Chairman are, in the exercise of a power delegated
under subsection (3), subject to the directions of the Minister.

"(5) The Authority shall include in each report prepared under section 63M of
the Audit Act 1901 particulars of any directions given by the Minister under
subsection (4) of this section during the period to which the report relates.

"(6) This section does not authorise the doing of an act or thing outside the
Marine Park unless the doing of the act or thing affects the Marine Park.

"(7) Nothing in this section shall be taken to affect the exercise by the
Commonwealth or the Authority of powers in accordance with another provision
of this Act or in accordance with any other law. Liability for expenses
incurred by the Commonwealth or the Authority resulting from contravention of
this Act

"61B. (1) Subject to this section, where:

   (a)  a person has been convicted of an offence against this Act; and

   (b)  the Commonwealth or the Authority has incurred expenses or other
        liabilities in relation to:

        (i)    if the offence is an ancillary offence-rectifying the act or
               omission constituting the primary offence to which the
               ancillary offence relates; or

        (ii)   in any other case-rectifying the act or omission constituting
               the offence; the person convicted is liable to pay to the
               Commonwealth or to the Authority, as the case requires, an
               amount equal to the total amount of those expenses and
               liabilities of the Commonwealth or the Authority.

"(2) Where, apart from this subsection, 2 or more persons would be liable to
pay an amount under subsection (1) in respect of the same expenses and
liabilities, those persons are jointly and severally liable to pay to the
Commonwealth or to the Authority, as the case requires, an amount equal to the
total amount of those expenses and liabilities.

"(3) Where:

   (a)  apart from this subsection, a person is liable to pay an amount under
        this section in respect of expenses or liabilities incurred by the
        Commonwealth or the Authority in relation to rectifying an act or
        omission; and

   (b)  the total amount of those expenses or liabilities exceeds the amount
        that was reasonable for the Commonwealth or the Authority to incur in
        relation to rectifying the act or omission; the person is not liable
        to pay the amount of the excess.

"(4) An amount payable under this section may be recovered, as a debt due to
the Commonwealth or to the Authority, as the case requires, by the person, by
action in a court of competent jurisdiction.

"(5) Where a person is convicted before a court of an offence against this
Act, the court may (whether or not it has imposed a penalty on the person)
order the person to pay an amount that the person is liable to pay under this
section.

"(6) A recovery under subsection (4), or the making of an order under
subsection (5), in respect of an expense or liability incurred in relation to
rectifying an act or omission does not prevent a recovery under subsection
(4), or the making of an order under subsection (5), in respect of another
expense or liability incurred in relation to rectifying that act or omission.

"(7) For the purposes of this section, where a person is convicted of:

   (a)  an offence against:

        (i)    section 6 or 7A of the Crimes Act 1914; or

        (ii)   subsection 86 (1) of that Act by virtue of paragraph (a) of
               that subsection; or

   (b)  an offence against section 38K; the following provisions have effect:

   (c)  the person shall be taken to have been convicted of an ancillary
        offence; (d) the offence in relation to which the ancillary offence
        was committed shall be taken to be the primary offence to which the
        ancillary offence relates.

"(8) For the purposes of this section, where a person is convicted of an
offence against this Act because of section 5 of the Crimes Act 1914:

   (a)  the person shall be taken to have been convicted of an ancillary
        offence; and

   (b)  the offence the commission of which the person aided, abetted,
        counselled, procured, or was knowingly concerned in, or party to,
        shall be taken to be the primary offence to which the ancillary
        offence relates.

"(9) A reference in this section to rectifying an act or omission constituting
an offence against this Act is a reference:

   (a)  in the case of an offence against section 38H in relation to an order
        relating to the removal of a structure, landing area, farming
        facility, aircraft, vessel or other thing-to the taking of steps
        (whether in the exercise of powers conferred by section 61A, by
        another provision of this Act or by another law):

        (i)    to remove that structure, landing area, farming facility,
               vessel, aircraft or other thing;

        (ii)   to repair or remedy any condition arising from that removal;

        (iii)  to mitigate any damage arising from that removal; or

        (iv)   to prevent any damage likely to arise from that removal; and

   (b)  in all cases-to the taking of steps (whether in the exercise of powers
        conferred by section 61A, by another provision of this Act or by
        another law):

        (i)    to repair or remedy any condition arising from that act or
               omission;

        (ii)   to mitigate any damage arising from that act or omission; or

        (iii)  to prevent any damage likely to arise from that act or
               omission.

"(10) A reference in this section to a conviction of a person of an offence
includes a reference to the making of an order under section 19B of the Crimes
Act 1914 in relation to the person in respect of the offence. Enforcement of
orders for payment

"61C. (1) Where:

   (a)  under subsection 61B (5), a court orders a person to pay an amount;
        and

   (b)  the court has civil jurisdiction to the extent of the amount; the
        order is enforceable in all respects as a final judgment of the court
        in favour of the Commonwealth or the Authority, as the case requires.

"(2) Where:

   (a)  under subsection 61B (5), a court orders a person to pay an amount;
        and

   (b)  the court:

        (i)    does not have civil jurisdiction; or

        (ii)   has civil jurisdiction, but does not have civil jurisdiction to
               the extent of the amount; a proper officer of the court shall
               issue to the Minister or the Authority, as the case requires, a
               certificate in the prescribed form containing the prescribed
               particulars.

"(3) The certificate may, in a prescribed manner and subject to the prescribed
conditions (if any), be registered in a court having civil jurisdiction to the
extent of the amount ordered to be paid to the Commonwealth or the Authority,
as the case requires.

"(4) Upon registration under subsection (3), the certificate is enforceable in
all respects as a final judgment of the court in favour of the Commonwealth or
the Authority, as the case requires.

"(5) The cost of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate.". 


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