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GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1993 No. 13 of 1993 - SECT 5

5. After Part V of the Principal Act the following Part is inserted:
          "PART VA-COLLECTION OF ENVIRONMENTAL MANAGEMENT CHARGE


"Division 1-Object Object

"39A. The object of this Part is to make provision with respect to liability
to, and collection of, charge imposed by:

   (a)  the Great Barrier Reef Marine Park (Environmental Management 
        Charge-General) Act 1993 ; and

   (b)  the Great Barrier Reef Marine Park (Environmental Management 
        Charge-Excise) Act 1993 .

"Division 2-Liability to charge Liability to charge (Liability)

"39B.(1) If a chargeable permission is granted or transferred to a person, the
person is liable to pay a charge on the grant or transfer. (Grants or
transfers before commencement date)

"(2) A reference in subsection (1) to the grant or transfer of a chargeable
permission to a person includes a reference to a grant or transfer that occurs
before the date of commencement of this section, where the chargeable
permission is in force and held by the person on or after that date. Amount of
charge

"39C.(1) The amount of charge is the amount ascertained in accordance with the
regulations.

"(2) Without limiting subsection (1), the regulations may provide that the
amount of the charge imposed on the grant or transfer of a chargeable
permission may be calculated wholly or partly by reference to things which
happen during the period:

   (a)  beginning on the later of the following days:

        (i)    the date of commencement of this section;

        (ii)   the date of the grant or transfer of the chargeable permission;
               and

   (b)  ending on the day on which the chargeable permission ceases to be in
        force. Chargeable permission held jointly-joint and several liability
        of holders

"39D. If 2 or more persons (the 'holders') are liable to pay the same charge
because a chargeable permission is held by them jointly, the holders are
jointly and severally liable to pay the charge. When charge due for payment

"39E.(1) Charge is due and payable at such time as is ascertained in
accordance with the regulations.

"(2) The regulations may provide that different parts of the same charge are
due and payable at different times. Payment of charge by instalments

"39F.(1) The regulations may make provision for and in relation to the payment
of charge, or different parts of the same charge, by instalments.

"(2) If the regulations so provide, charge is due and payable accordingly.

"Division 3-Recovery of charge etc. Late payment penalty

"39G.(1) If any charge payable by a person remains unpaid after the time when
it became due for payment, the person is liable to pay, by way of penalty, an
amount ('late payment penalty') calculated at the rate of 20% per annum on the
amount unpaid, computed from that time.

"(2) The Authority may, on behalf of the Commonwealth, remit the whole or a
part of an amount of late payment penalty.

"(3) The Authority's powers under subsection (2) may be exercised:

   (a)  on the Authority's own initiative; or

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

"(4) If the Authority makes a decision under subsection (2) in relation to
late payment penalty payable by a person, the Authority must give written
notice of its decision to the person.

"(5) If:

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

   (b)  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.

"(6) If 2 or more persons (the 'holders') are liable to pay the same late
payment penalty because a chargeable permission is held by them jointly, the
holders are jointly and severally liable to pay the late payment penalty.
Payment of charge and late payment penalty

"39H. Charge and late payment penalty are payable to the Authority on behalf
of the Commonwealth. Authority to be paid amounts equal to amounts of charge

"39I.(1) Amounts received, or purporting to be received, under section 39H
must be paid into the Consolidated Revenue Fund.

"(2) If an amount (the 'CRF amount') is paid into the Consolidated Revenue
Fund under subsection (1), there must be paid to the Authority an amount equal
to the CRF amount.

"(3) A payment of an amount to the Authority under subsection (2) in respect
of a particular CRF amount is subject to a condition that, if the Commonwealth
becomes liable to refund the whole or a part of the CRF amount, the Authority
must pay to the Commonwealth an amount equal to the amount that the
Commonwealth is liable to refund.

"(4) For the purposes of subsection (3), in determining whether the
Commonwealth becomes liable to refund the whole or a part of the CRF amount,
the alternative referred to in paragraph 39K(1)(d) is to be ignored.

"(5) The Consolidated Revenue Fund is appropriated for the purposes of
subsection (2). Recovery of charge and late payment penalty

"39J.(1) The following amounts may be recovered by the Authority, on behalf of
the Commonwealth, as debts due to the Commonwealth:

   (a)  charge that is due and payable;

   (b)  late payment penalty that is due and payable.

"(2) For the purposes of an action or proceeding under subsection (1),
liability to costs is to be determined as if the Authority were a party to the
action or proceeding and the Commonwealth were not a party.

"(3) The Authority is not entitled to recover from the Commonwealth any costs
or other expenses it incurs in recovering an amount referred to in subsection
(1). Regulations relating to recovery of charge etc.

"39K.(1) The regulations may make provision for and in relation to the
following:

   (a)  the methods by which charge and late payment penalty may be paid;

   (b)  discounts for early payment of charge;

   (c)  refunds of, or of overpayments of, charge;

   (d)  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.

"(2) Without limiting paragraph (1)(a), regulations made for the purposes of
that paragraph may make provision for and in relation to the making of
payments using:

   (a)  collection agents; or

   (b)  electronic funds transfer systems; or

   (c)  credit cards; or

   (d)  debit cards.

"(3) Without limiting paragraph (1)(d), regulations made for the purposes of
that paragraph may make provision for and in relation to the crediting of
amounts by the Authority as agent of the Commonwealth.

"(4) A refund of an amount in accordance with regulations made for the
purposes of paragraph (1)(c) is to be paid out of the Consolidated Revenue
Fund, which is appropriated accordingly.

"Division 4-Review of decisions relating to remission of late
payment penalty Reconsideration of decisions relating to remission of late
payment penalty

"39L.(1) A person who is affected by a decision under subsection 39G(2) may,
if dissatisfied with the decision, by notice given to the Authority within:

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

   (b)  such further period as the Authority allows; request the Authority to
        reconsider the decision.

"(2) The reasons for making the request must be set out in the request.

"(3) Upon receipt of the request, the Authority must reconsider the decision
and may, subject to subsection (4), confirm or revoke the decision or vary the
decision in such manner as the Authority thinks fit.

"(4) If the Authority does not confirm, revoke or vary a decision before the
end of the period of 40 days after the day on which the Authority received the
request, the Authority is taken, at the end of that period, to have confirmed
the decision under subsection (3).

"(5) If the Authority confirms, revokes or varies a decision before the end of
the period referred to in subsection (4), the Authority must, by notice given
to the applicant, inform the applicant of the result of the reconsideration of
the decision and the reasons for confirming, revoking or varying the decision,
as the case may be. Review of decisions by AAT

"39M.(1) Applications may be made to the AAT for review of decisions of the
Authority that have been confirmed, revoked or varied under subsection 39L(3).

"(2) If, because of the operation of subsection 39L(4), a decision is taken to
be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975
applies as if the prescribed time for making application for review of the
decision were the period:

   (a)  beginning on the day on which the decision is taken to have been
        confirmed; and

   (b)  ending on the 28th day after that day.

"(3) If a request is made under subsection 39L(1) in respect of a decision
made under subsection 39G(2), section 41 of the Administrative Appeals 
Tribunal Act 1975 applies as if the making of the request were the making of
an application to the AAT for a review of that decision. Statements to
accompany notification of decisions

"39N.(1) If written notice is given to a person affected by a decision made
under subsection 39G(2) that the decision has been made, that notice must
include a statement to the effect that:

   (a)  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 Appeals Tribunal Act 1975, if dissatisfied with the
        decision made by the Authority upon that reconsideration confirming,
        revoking or varying the first-mentioned decision, apply to the AAT for
        review of the decision so confirmed, revoked or varied.

"(2) If:

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

   (b)  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 Appeals Tribunal Act 1975, if dissatisfied with the
        decision so confirmed, revoked or varied, apply to the AAT for review
        of the decision.

"(3) A failure to comply with this section does not affect the validity of a
decision.

"Division 5-Record-keeping and returns etc. Record-keeping and returns etc.

"39P.(1) The regulations may make provision for and in relation to requiring a
person:

   (a)  to keep and retain records, where the records are relevant to
        ascertaining the person's liability to charge; and

   (b)  to give information and returns to the Authority, where the
        information or returns are relevant to ascertaining a person's
        liability to charge; and

   (c)  to:

        (i)    produce documents to the Authority or an inspector; or

        (ii)   make copies of documents and give the copies to the Authority;
               where the documents are relevant to ascertaining a person's
               liability to charge.

"(2) The regulations may provide that information or returns given to the
Authority in accordance with a requirement covered by paragraph (1)(b) must be
verified by statutory declaration.

"(3) A person is entitled to be paid by the Authority reasonable compensation
for making copies in the course of complying with a requirement covered by
subparagraph (1)(c)(ii).

"(4) A person is not excused from giving information or a return or producing
a document or a copy of a document under regulations made for the purposes of
this Division on the ground that the information or return or the production
of the document or copy might tend to incriminate the person or
expose the person to a penalty.  However:   (a) giving the information or
return or producing the document or copy; or

   (b)  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,
        section 39Q or 39R; or

   (d)  proceedings for recovery of an amount of late payment penalty. Failure
        to give information or returns

"39Q. A person must not intentionally or recklessly refuse, or intentionally
or recklessly fail, when and as required under regulations made for the
purposes of this Division to do so, to give any information or return to the
Authority. Penalty: 40 penalty units. False information or returns

"39R. A person must not, in purported compliance with regulations made for the
purposes of this Division, intentionally give information or a return that, to
the person's knowledge, is false or misleading in a material particular.
Penalty: 80 penalty units.
                           "Division 6-Enforcement
Power to search aircraft and vessels

"39S.(1) An inspector may search an aircraft or vessel for the purpose of
ascertaining a person's liability to charge and, for that purpose, may stop or
detain the aircraft or vessel.

"(2) If an inspector searches an aircraft or vessel under subsection (1), the
inspector may:

   (a)  inspect; and

   (b)  take extracts from; and

   (c)  make copies of; any documents in or on the aircraft or vessel that are
        relevant to ascertaining a person's liability to charge.

"(3) The person in charge of an aircraft or vessel searched, or proposed to be
searched, by an inspector must provide the inspector with all reasonable
facilities and assistance for the effective exercise of powers under this
section. Penalty: 10 penalty units.

"(4) Subsection 48(3) imposes obligations on inspectors in relation to
identity cards. Powers of inspector in relation to premises

"39T.(1) An inspector may, with the consent of the occupier of premises, enter
the premises for the purpose of ascertaining a person's liability to charge.

"(2) An inspector may, in accordance with a warrant issued under section 39U,
enter premises for the purpose of ascertaining a person's liability to charge.

"(3) If an inspector enters premises under subsection (1) or (2), the
inspector may:

   (a)  search the premises for; and

   (b)  inspect; and

   (c)  take extracts from; and

   (d)  make copies of; any documents that are relevant to ascertaining a
        person's liability to charge.

"(4) The occupier of premises entered, or proposed to be entered, by an
inspector must provide the inspector with all reasonable facilities and
assistance for the effective exercise of powers under this section. Penalty:
10 penalty units.

"(5) In this section:
'premises' includes:

   (a)  a structure or building; and

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

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

"39U.(1) If a magistrate, on application by an inspector, is satisfied, by
information on oath, that there are reasonable grounds for suspecting that
there are on premises documents that are relevant to ascertaining a person's
liability to charge, the magistrate may issue a warrant authorising the
inspector to enter the premises:

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

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

"(2) A warrant must:

   (a)  specify the purpose for which the warrant is issued; and

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

   (c)  describe the kind of documents to which the warrant relates; and

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


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