GREAT BARRIER REEF MARINE PARK AND OTHER LEGISLATION AMENDMENT ACT 2008 (NO. 125, 2008)

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GREAT BARRIER REEF MARINE PARK AND OTHER LEGISLATION AMENDMENT ACT 2008 (NO. 125, 2008) - SCHEDULE 5

Investigation and enforcement

Part 1 -- Amendment of the Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Act 1999

1 Paragraph 397(1)(b)

Omit "section 43", substitute "subsection 43(1)".

2 Subsection 399(1)

Omit ", (except a member of a police force or an officer of Customs),".

3 After subsection 399(1)

Insert:

(1A) Subsection (1) does not apply in relation to an inspector who is:

(a) a member of a police force; or

(b) an inspector by force of paragraph 397(1)(b); or

4 At the end of section 399

Add:

(4) For the purposes of this Act, a requirement for a person who is an inspector by force of paragraph 397(1)(b) to produce his or her identity card is satisfied if the person shows his or her identity card issued under section 45 of the Great Barrier Reef Marine Park Act 1975 .

5 After Subdivision BA of Division 1 of Part 17

Insert:

Subdivision BB -- Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park

399B Certain powers to be exercised only by certain authorised officers

(1) The powers of an authorised officer in relation to:

(a) an offence against an environmental law that is the Great Barrier Reef Marine Park Act 1975 or regulations made under that Act; or

(b) an environmental penalty provision that is a civil penalty provision of that Act; or

may only be exercised by an authorised officer who is an inspector by force of paragraph 397(1)(a) or (b).

(2) To avoid doubt, an authorised officer who is an inspector by force of paragraph 397(1)(a) or (b) and also by force of paragraph 397(1)(c) is an authorised officer who may exercise the powers referred to in subsection (1).

6 Subsection 403(2)

Omit "this Act or the regulations, in relation to a contravention of a civil penalty provision", substitute "an environmental law, in relation to a contravention of an environmental penalty provision".

7 Subsection 403(3)

Omit "this Act or the regulations", substitute "an environmental law".

8 Paragraph 403(4)(a)

Omit "this Act or the regulations", substitute "an environmental law".

9 Subsection 403(5)

Repeal the subsection, substitute:

(5) An authorised officer may, for the purposes of this Act or the Great Barrier Reef Marine Park Act 1975 (other than Part VIIA of that Act (compulsory pilotage)), require the person in charge of a vehicle, vessel, aircraft or platform to which this section applies to give information concerning any or all of the following:

(a) the vehicle, vessel, aircraft or platform;

(b) the crew or any other person on board the vehicle, vessel, aircraft or platform;

(d) in the case of a vessel--any person operating a dory in association with the vessel.

10 After subsection 403(5B)

Insert:

(5C) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

11 Paragraph 406(1)(b)

12 Subparagraph 406(1)(ba)(iv)

13 Paragraph 406(1)(c)

14 Paragraph 406(2)(a)

Omit "the Act or the regulations", substitute "an environmental law".

15 Paragraph 406(2)(b)

Omit "a civil penalty provision", substitute "an environmental penalty provision".

16 Paragraph 406(2)(b)

Omit "the civil penalty provision" (wherever occurring), substitute "the environmental penalty provision".

17 Subsections 406A(4), (5) and (6)

Repeal the subsections.

18 After section 406A

Insert:

406AA Taking things into possession

(1) This section applies if, in conducting a search referred to in paragraph 406(1)(a) or (ba), an authorised officer or a person who conducts a search because of subsection 406A(2) finds:

(a) an eligible seizable item; or

(b) a thing that may be evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both.

(2) An authorised officer may:

(a) take possession of the item or thing; and

(b) keep the item or thing for so long as he or she thinks necessary for the purposes of this Act or the Great Barrier Reef Marine Park Act 1975 .

(3) A person who conducts a search because of subsection 406A(2) must take possession of the item or thing and give it to an authorised officer.

(4) An authorised officer who is given an item or thing under subsection (3) may keep it for so long as he or she thinks necessary for the purposes of this Act or the Great Barrier Reef Marine Park Act 1975 .

(5) If:

(a) an authorised officer is keeping an item or thing under subsection (2) or (4); and

(b) the item or thing was found in conducting a search of a person under paragraph 406(1)(ba); and

the authorised officer may continue to keep the item or thing for so long as he or she thinks necessary for the purposes of this Act, the Great Barrier Reef Marine Park Act 1975 or the Migration Act 1958 .

Note: Once the person ceases to be detained under Schedule 1, the person will generally need to be detained under the Migration Act 1958 while he or she is in the migration zone (because his or her enforcement visa under that Act will cease to have effect). Subsection (5) ensures the officer can keep the item or thing while the person is detained under this Act or that Act.

19 Section 406B

Omit "406A", substitute "406AA".

20 Subsection 407A(12) (paragraph (b) of the definition of relevant material )

Omit "this Act or the regulations", substitute "an environmental law".

21 Subsections 408(1) and (2) and 409(2)

Omit "this Act or the regulations", substitute "an environmental law".

22 Subsections 413(1) and (2)

23 Paragraph 414(1)(a)

Omit "civil", substitute "environmental".

24 Subparagraph 414(2)(a)(i)

Omit "a civil", substitute "an environmental".

25 Subparagraph 414(2)(a)(ii)

Omit "another offence against this Act", substitute "another offence against an environmental law".

26 Subparagraph 414(2)(a)(iii)

Omit "a civil", substitute "an environmental".

27 Paragraph 414(2)(a)

Omit "committing an offence against this Act or the regulations or in contravening a civil penalty provision", substitute "committing an offence against an environmental law or in contravening an environmental penalty provision".

28 Subparagraph 414(2)(b)(i)

29 Subparagraph 414(4)(a)(i)

Omit "a civil", substitute "an environmental".

30 Subparagraph 414(4)(a)(ii)

Omit "another offence against this Act", substitute "another offence against an environmental law".

31 Subparagraph 414(4)(a)(iii)

Omit "a civil", substitute "an environmental".

32 Paragraph 414(4)(a)

33 Subparagraph 417(1)(d)(i)

Omit "a civil", substitute "an environmental".

34 Subparagraph 417(1)(d)(ii)

Omit "another offence against this Act", substitute "another offence against an environmental law".

35 Subparagraph 417(1)(d)(iii)

Omit "a civil", substitute "an environmental".

36 Paragraph 417(1)(d)

37 Subparagraph 417(1)(f)(i)

38 Subparagraph 417(2)(c)(i)

Omit "a civil", substitute "an environmental".

39 Subparagraph 417(2)(c)(ii)

Omit "another offence against this Act", substitute "another offence against an environmental law".

40 Subparagraph 417(2)(c)(iii)

Omit "a civil", substitute "an environmental".

41 Paragraph 417(2)(c)

42 Subsections 422(1) and (2)

43 Paragraph 422(4)(a)

44 Paragraph 430(1)(a)

Omit "this Act or the regulations", substitute "an environmental law".

45 At the end of section 430

Add:

(4) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

46 Section 431

Omit "this Act or the regulations", substitute "an environmental law".

47 Section 432

Omit "this Act or the regulations" (wherever occurring), substitute "an environmental law".

48 Paragraph 432(aa)

Omit "a civil", substitute "an environmental".

49 Section 433

Omit "this Act or the regulations" (wherever occurring), substitute "an environmental law".

50 Paragraph 433(aa)

Omit "a civil", substitute "an environmental".

51 Subsection 444(1)

Omit "this Act or the regulations", substitute "an environmental law".

52 Subdivision A of Division 10 of Part 17 (heading)

Repeal the heading, substitute:

Subdivision AB -- Seizure of things (other than specimens involved in a contravention of Part 13A)

53 Subsection 445(1)

Omit "this Act or the regulations, in relation to contravention of a civil penalty provision", substitute "an environmental law, in relation to a contravention of an environmental penalty provision".

54 After subsection 445(3)

Insert:

(3A) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

55 Paragraph 446(3)(a)

Omit "this Act or the regulations has been committed, or whether a civil penalty provision", substitute "an environmental law has been committed, or whether an environmental penalty provision".

56 Paragraph 446(3)(b)

Omit "this Act or the regulations, or of a contravention of a civil penalty provision", substitute "an environmental law, or of a contravention of an environmental penalty provision".

57 After Subdivision A of Division 10 of Part 17

Insert:

Subdivision AC -- Direction to deliver seizable items

447 Direction to deliver seizable items

(1) An authorised officer may direct a person to deliver to the officer, or to another person specified in the direction, a thing that the officer is authorised to seize under a warrant issued under Division 4 or under section 445.

(2) The direction must:

(a) be in writing; and

(b) be given to the person who is directed to deliver the thing, who must be:

(i) if the thing is a vessel--the person in charge of the vessel, or the vessel's owner; or

(ii) if the thing is an aircraft--the person in charge of the aircraft; or

(iii) otherwise--the person in possession of the thing; and

(d) specify the period within which the delivery is to occur.

(3) A person must not fail to comply with a direction under this section.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(4) This Part applies to a thing delivered in compliance with a direction under this section as if the thing had been seized under the warrant or section that authorised the officer to seize the thing.

(5) A direction made under subsection (1) is not a legislative instrument.

58 Section 449BA

Before "If", insert "(1)".

59 At the end of section 449BA

Add:

(2) A person commits an offence if:

(a) a thing is released to the person under subsection (1) subject to a condition; and

(b) the person engages in conduct; and

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Absolute liability applies to paragraph (2)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code .

60 Subsection 450(1)

Omit "this Act or the regulations", substitute "an environmental law".

61 Subsection 450(2)

Omit "406A", substitute "406AA".

62 Subparagraph 450(3)(b)(i)

Omit "this Act or the regulations", substitute "an environmental law".

63 Paragraph 450(3)(c)

Omit "this Act or the regulations", substitute "an environmental law".

64 At the end of section 450

Add:

(4) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

65 Subsection 450A(1)

Omit "this Act or the regulations", substitute "an environmental law".

66 Subparagraph 450A(2)(b)(i)

Omit "this Act or the regulations", substitute "an environmental law".

67 Paragraph 450A(2)(c)

Omit "this Act or the regulations", substitute "an environmental law".

68 At the end of section 450A

Add:

(3) A reference in this section to an offence against an environmental law does not include an offence against Part VIIA of the Great Barrier Reef Marine Park Act 1975 (compulsory pilotage).

69 Paragraphs 456(a) and (b)

Omit "this Act", substitute "an environmental law".

70 Paragraph 486E(1)(a)

Omit "this Act or the regulations", substitute "an environmental law".

71 Paragraph 486E(1)(b)

Omit "a civil", substitute "an environmental".

72 Subsection 486E(2) (definition of official )

Repeal the definition, substitute:

"official" means any of the following:

(a) the Minister;

(b) an officer or employee in the Department;

(d) the Chairperson of the Great Barrier Reef Marine Park Authority;

(e) a member of the staff of the Great Barrier Reef Marine Park Authority.

73 Paragraph 486H(a)

Omit "this Act or the regulations", substitute "an environmental law".

74 Paragraph 486H(b)

Omit "a civil", substitute "an environmental".

75 Section 528

Insert:

"dory" means:

(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or

(b) a vessel that is used in association with a primary commercial fishing vessel.

Note: A dory might also be known as a tender commercial fishing vessel.

76 Section 528

Insert:

"environmental law" means:

(a) this Act; or

(b) the regulations; or

(d) regulations made under the Great Barrier Reef Marine Park Act 1975 .

77 Section 528

Insert:

"environmental penalty provision" means:

(a) a civil penalty provision under this Act; or

(b) a civil penalty provision under the Great Barrier Reef Marine Park Act 1975 .

78 Section 528

Insert:

"primary commercial fishing vessel" means:

(b) a vessel that is used to take fish for commercial purposes.

79 Subclause 8(1) of Schedule 1

Omit "this Act or the regulations", substitute "an environmental law".

80 Subclause 10(1) of Schedule 1

Omit "this Act or the regulations", substitute "an environmental law".

81 Subparagraph 15(2)(b)(i) of Schedule 1

Omit "this Act or the regulations", substitute "an environmental law".

82 Paragraph 15(3)(b) of Schedule 1

After "this Act", insert ", the Great Barrier Reef Marine Park Act 1975 ".

83 Subparagraph 17(3)(c)(i) of Schedule 1

After "the Director,", insert "the Chairperson of the Great Barrier Reef Marine Park Authority".

84 Paragraph 19(1)(a) of Schedule 1

Omit "this Act or the regulations", substitute "an environmental law".

85 Paragraph 26(3)(f) of Schedule 1

Omit "this Act or the regulations", substitute "an environmental law".

86 Paragraph 38(3)(b) of Schedule 1

After "the Director", insert ", the Chairperson of the Great Barrier Reef Marine Park Authority".

87 Subclause 38(4) of Schedule 1

After "Director", insert ", Chairperson".

Part 2 -- Amendment of the Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Act 1975

88 Subsection 3(1)

Insert:

"civil penalty provision" has the meaning given by section 61AID.

89 Subsection 3(1)

Insert:

"class vessel monitoring direction" has the meaning given by subsection 61AAA(7).

90 Subsection 3(1)

Insert:

"declaration of contravention" means a declaration made under section 61AIA.

91 Subsection 3(1)

Insert:

"emergency direction" has the meaning given by subsection 61ACA(2).

92 Subsection 3(1)

Insert:

"enforceable direction" has the meaning given by subsection 61ADA(2).

93 Subsection 3(1) (definition of evidential material )

Repeal the definition.

94 Subsection 3(1)

Insert:

"executive officer" , of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

95 Subsection 3(1)

Insert:

"Federal Court" means the Federal Court of Australia.

96 Subsection 3(1) (definition of frisk search )

Repeal the definition.

97 Subsection 3(1)

Insert:

"individual vessel monitoring direction" has the meaning given by subsection 61AAA(2).

98 Subsection 3(1) (paragraph (a) of the definition of inspector )

Omit "section 43", substitute "subsection 43(1)".

99 Subsection 3(1) (definition of ordinary search )

Repeal the definition.

100 Subsection 3(1)

Insert:

"pecuniary penalty order" means an order referred to in subsection 61AIC(2).

101 Subsection 3(1)

Insert:

"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .

102 Subsection 3(1)

Insert:

"remediation order" has the meaning given by subsection 61AHA(1).

103 Subsection 3(1)

Insert:

"reviewable decision" has the meaning given by subsection 64(3).

104 Subsection 3(1) (definition of seizable item )

Repeal the definition.

105 Subsection 3(1)

Insert:

"vessel monitoring direction" means an individual vessel monitoring direction or a class vessel monitoring direction.

106 Subsection 3(1)

Insert:

"vessel monitoring system" means a system in which vessels are fitted with an electronic device that can provide information about the vessels' course or position, or other such information.

107 Subsection 3(10)

Repeal the subsection, substitute:

(10) If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.

108 At the end of subsection 4(1A)

Add "or to be subject to civil proceedings for a contravention of a civil penalty provision".

109 Section 4A (note 1)

Omit "subsection 64(8)", substitute "subsection 61ANA(8)".

110 Division 3 of Part V (heading)

Repeal the heading, substitute:

Division 3 -- Duty to prevent or minimise harm to environment in Marine Park

37AA Duty to prevent or minimise harm to environment in Marine Park

(1) A person who uses or enters the Marine Park must take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the person's use or entry.

Note: The Minister may accept an enforceable undertaking under section 61ABA, or make an enforceable direction under section 61ADA, in relation to a contravention of this duty.

(2) For the purposes of subsection (1), harm includes the following:

(a) any adverse effect;

(b) direct or indirect harm;

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

(3) In determining whether all reasonable steps have been taken, have regard to the following:

(a) the nature of the harm to the environment that might or will result from the person's use or entry;

(b) the risk of harm from the person's use or entry;

(d) if the person is using or entering a zone--any objectives specified for the zone in its zoning plan;

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

(f) 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;

(g) whether or not the person's use or entry complies with any relevant code of practice, standard or guideline;

(h) 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.

111 Section 39I

Repeal the section.

112 Subsections 39K(4) and 39PA(3)

Repeal the subsections.

113 Subsection 39S(4)

Repeal the subsection, substitute:

(4) If an inspector (other than a member of a police force who is in uniform) stops or detains an aircraft or vessel under subsection (1), the inspector must produce for inspection by the person in charge of the aircraft or vessel:

(a) 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

(b) in any other case--the inspector's identity card.

(5) An inspector who does not comply with subsection (4) is not authorised to search or detain the aircraft or vessel.

114 After subsection 39T(1)

Insert:

(1A) An inspector is not entitled to enter premises under subsection (1), or exercise any powers referred to in subsection (3) in relation to an entry under subsection (1), if:

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

(b) the inspector fails to produce:

(i) 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

(ii) in any other case--the inspector's identity card for inspection by the occupier.

115 After subsection 39T(2)

Insert:

(2A) If an inspector is executing a warrant under subsection (2) and the occupier of the premises, or another person who apparently represents the occupier, is present, the inspector must:

(a) identify himself or herself to that person; and

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

116 Subsection 39T(5)

Insert:

"occupier" of premises means the person apparently in charge of the premises.

117 Section 42

Repeal the section.

118 Section 43

Before "The", insert "(1)".

119 At the end of section 43

Add:

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

Note: Inspectors have powers under the Environment Protection and Biodiversity Conservation Act 1999 to enforce this Act.

(2) Despite paragraph (1)(a), the Authority must not appoint an officer or employee of an Agency (within the meaning of the Public Service Act 1999 ) that is not the Department or the Authority to be an inspector unless:

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

(b) 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.

(3) Despite paragraph (1)(a), the Authority must not appoint an officer or employee of a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) to be an inspector unless:

(a) an arrangement in respect of the officer or employee is in force under subsection 43A(2); and

(b) 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.

(4) Despite paragraph (1)(a), the Authority must not appoint:

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

(b) a member of the police force of Queensland;

to be an inspector unless:

(d) 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.

120 After section 43

Insert:

43A Arrangements for certain persons to be inspectors

Arrangements with Agency Heads

(1) The Authority may enter into an arrangement with an Agency Head (within the meaning of the Public Service Act 1999 ) for officers or employees of the Agency Head's Agency (within the meaning of the Public Service Act 1999 ) to be appointed as inspectors under subsection 43(1) of this Act.

Note: An arrangement must be in force before an officer or employee can be appointed as an inspector (except for employees of the Department and the Authority) (see subsection 43(2)).

Arrangements with Commonwealth authorities

(2) The Authority may enter into an arrangement with a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) for officers or employees of the authority to be appointed as inspectors under subsection 43(1) of this Act.

Note: An arrangement must be in force before an officer or employee can be appointed as an inspector (see subsection 43(3)).

Arrangements with Queensland

(3) The Minister may enter into an arrangement with the appropriate Minister of Queensland for:

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

(b) members of the police force of Queensland;

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

Note: An arrangement must be in force before an officer, employee or member can be appointed as an inspector (see subsection 43(4)).

Limits on powers

(4) An arrangement under this section for persons to be appointed as inspectors may specify that the persons' powers as inspectors are to be limited in the way set out in the arrangement.

121 At the end of section 44

Add:

Note: Inspectors have powers under the Environment Protection and Biodiversity Conservation Act 1999 to enforce this Act.

122 Sections 45A to 48A

Repeal the sections, substitute:

46 Delegation by Minister

(1) The Minister may, by signed writing, delegate to the Authority any or all of the Minister's powers or functions under this Act, other than a power or function under:

(a) subsection 31(4) or (5); or

(b) subsection 34(4), (7) or (8); or

(d) subsection 37(2) or (4); or

(e) subsection 37A(1); or

(f) subsection 54(4); or

(g) paragraph 61ACA(4)(a); or

(h) section 61ADE.

(2) In exercising a power or performing a function under the delegation, the Authority must comply with any directions of the Minister.

47 Delegation by Authority

(1) The Authority may, by writing under its common seal, delegate any or all of its powers or functions under this Act to any of the following:

(a) the Chairperson;

(b) 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);

(d) an officer or employee of a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) in respect of whom an arrangement is in force under subsection 48A(2);

(e) 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).

(2) The Authority may, by writing under its common seal, sub‑delegate to a person mentioned in subsection (1) a power or function delegated to the Authority under this or any other Act.

(3) Despite subsection (1) or (2), the Authority must not delegate or sub‑delegate under that subsection a power or function under Part VAA (Offences and penalties) or Part VIII (Enforcement) of this Act or under Part 17 (Enforcement) of the Environment Protection and Biodiversity Conservation Act 1999 to a person mentioned in paragraph (1)(b), (c), (d) or (e) unless the person:

(a) is an SES employee or an acting SES employee; or

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

(i) is an SES employee or acting SES employee; or

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

(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation under subsection (2) in the same way as they apply to a delegation.

(5) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the Authority.

(6) In exercising powers or performing functions under a sub‑delegation, the sub‑delegate must comply with any directions of the Authority.

(7) If the Authority is subject to a direction in relation to the exercise of a power or the performance of a function sub‑delegated under this section, the Authority must give a corresponding direction to the sub‑delegate.

48 Delegation by Chairperson

(1) The Chairperson may, by signed writing, sub‑delegate a power or function delegated to the Chairperson under this or any other Act to a member of the staff of the Authority. However, this subsection does not allow the Chairperson to sub‑delegate a power or function that has been sub‑delegated to the Chairperson.

(2) Despite subsection (1), the Chairperson must not sub‑delegate under that subsection a power or function under Part VAA (Offences and penalties) or Part VIII (Enforcement) of this Act or under Part 17 (Enforcement) of the Environment Protection and Biodiversity Conservation Act 1999 unless the member of staff:

(i) is an SES employee or an acting SES employee; or

(ii) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.6666

(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation under subsection (1) in the same way as they apply to a delegation.

(4) In exercising powers or performing functions under a sub‑delegation, the sub‑delegate must comply with any directions of the Chairperson.

(5) If the Chairperson is subject to a direction in relation to the exercise of a power or the performance of a function sub‑delegated under this section, the Chairperson must give a corresponding direction to the sub‑delegate.

48A Arrangements for certain delegations

Arrangements with Agency Heads

(1) The Authority may enter into an arrangement with an Agency Head (within the meaning of the Public Service Act 1999 ) in relation to officers or employees of the Agency Head's Agency (within the meaning of the Public Service Act 1999 ) for the purposes of allowing powers or functions to be delegated or sub‑delegated under section 47 to the officers or employees.

Note: An arrangement must be in force before a power or function can be delegated to an officer or employee, except for employees of the Department and the Authority (see paragraphs 47(1)(b) and (c)).

Arrangements with Commonwealth authorities

(2) The Authority may enter into an arrangement with a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) in relation to officers or employees of the authority for the purposes of allowing powers or functions to be delegated or sub‑delegated under section 47 to the officers or employees.

Note: An arrangement must be in force before a power or function can be delegated to an officer or employee (see paragraph 47(1)(d)).

Arrangements with Queensland

(3) The Minister may enter into an arrangement with an appropriate Minister of Queensland in relation to officers or employees of Queensland or of an authority of Queensland (including a local government body) for the purposes of allowing powers or functions to be delegated or sub‑delegated under section 47 to the officers or employees.

Note: An arrangement must be in force before a power or function can be delegated to an officer or employee (see paragraph 47(1)(e)).

123 Paragraph 53(2)(a)

Omit "61A(4)", substitute "46(2)".

124 Part VIII (heading)

Repeal the heading, substitute:

Part VIII -- Enforcement

125 Section 61

Repeal the section, substitute:

Division 1 -- Enforcement powers

Subdivision A -- Vessel monitoring directions

61AAA Making vessel monitoring directions

Application of this section

(1) This section applies in relation to a vessel that is required by a law of the Commonwealth, a State or a Territory to be equipped with a vessel monitoring system.

Directions for individual vessels

(2) The Authority may, in writing, make a direction (an individual vessel monitoring direction ) requiring one of the persons responsible, or one of the kinds of persons responsible, for a particular vessel to provide the Authority, or cause the Authority to be provided, with the information specified for the vessel in the direction (which must be information of a kind provided by the vessel monitoring system in relation to the operation of the vessel in the Marine Park).

Note: For responsible , see subsection (10).

(3) A copy of an individual vessel monitoring direction must be given to the person, or each of the persons, to whom it applies.

(4) An individual vessel monitoring direction:

(a) takes effect:

(i) on the day (if any) specified in the direction (which must not be earlier than the day on which a copy of the direction is first given to a person to whom it applies); or

(ii) if no day is specified--on the day on which a copy of the direction is first given to a person to whom it applies; and

(b) continues in effect for the period specified in the direction.

(5) The Authority may vary or revoke an individual vessel monitoring direction:

(a) in the same manner as an individual vessel monitoring direction may be made; and

(b) subject to the same conditions as apply to the making of an individual vessel monitoring direction.

(6) An individual vessel monitoring direction is not a legislative instrument.

Directions for classes of vessels

(7) The Authority may, by legislative instrument, make a direction (a class vessel monitoring direction ) requiring one of the kinds of persons responsible for a vessel belonging to a particular class of vessels to provide the Authority, or cause the Authority to be provided, with the information specified for the vessel in the direction (which must be information of a kind provided by the vessel monitoring system in relation to the operation of the vessel in the Marine Park).

Note: For responsible , see subsection (10).

(8) The Authority may vary or revoke a class vessel monitoring direction:

(a) in the same manner as a class vessel monitoring direction may be made; and

(b) subject to the same conditions as apply to the making of a class vessel monitoring direction.

Content of individual and class vessel monitoring directions

(9) A vessel monitoring direction may require the specified information to be provided:

(a) before the end of a specified period; or

(b) at specified intervals, either during a specified period or indefinitely; or

(d) in any other way the Authority considers appropriate.

Persons responsible for a vessel

(10) For the purposes of subsections (2) and (7), each of the following persons is responsible for a vessel:

(a) an owner of the vessel;

(b) 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) in relation to the vessel that requires the vessel to be fitted with a vessel monitoring system;

61AAB Use and disclosure of vessel monitoring information

(1) This section applies in relation to information that was obtained by the Authority under a vessel monitoring direction and was not publicly available at the time the Authority obtained it.

(2) The Authority must not disclose the information unless the disclosure is for one or more of the following purposes:

(a) administering this Act, including performing duties or functions, or exercising powers, under this Act;

(b) managing the Marine Park;

(i) for an injunction; or

(ii) by way of prosecution for an offence; or

(iii) for the making of a declaration of contravention of a civil penalty provision; or

(iv) for the making of a pecuniary penalty order; or

(v) for the making of any other court order in relation to an instrument made under this Act;

(d) other law enforcement purposes;

(e) matters relating to reconsideration or review of a decision made under this Act;

(f) a purpose for which the information is required by law to be disclosed.

61AAC Failure to comply with vessel monitoring direction: offence

(1) A person commits an offence if:

(a) the person is a kind of person responsible (within the meaning of subsection 61AAA(10)) for a vessel; and

(b) a vessel monitoring direction applies for the vessel; and

(d) if the direction is an individual vessel monitoring direction--a copy of the direction has been given to the person; and

(e) the direction is not complied with.

Penalty: 500 penalty units.

(2) Strict liability applies to paragraphs (1)(a) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code .

(3) Absolute liability applies to paragraphs (1)(b) and (c).

Note: For absolute liability, see section 6.2 of the Criminal Code .

61AAD Failure to comply with vessel monitoring direction: civil penalty provision

If:

(a) a person is a kind of person responsible (within the meaning of subsection 61AAA(10)) for a vessel; and

(b) a vessel monitoring direction applies for the vessel; and

(d) if the direction is an individual vessel monitoring direction--a copy of the direction has been given to the person;

the person contravenes this section if the direction is not complied with.

Civil penalty:

(a) for an individual--250 penalty units; or

(b) for a body corporate--2,500 penalty units.

Subdivision B -- Enforceable undertakings

61ABA Acceptance of undertaking

(1) This section applies if the Minister considers that a person has contravened:

(a) the duty in section 37AA to prevent or minimise harm to the environment in the Marine Park; or

(b) a civil penalty provision.

(2) The Minister may accept a written undertaking given by the person in relation to the contravention, in which the person undertakes to do any or all of the following:

(a) take specified actions to prevent, repair or mitigate harm of a specified kind in the Great Barrier Reef Region;

(b) take specified actions to ensure that the person does not engage, or is unlikely to engage, in conduct that contravenes the duty in section 37AA or a civil penalty provision;

(c) pay a specified amount to the Commonwealth, to be used for the purpose of taking actions referred to in paragraph (a) or (b).

(3) The undertaking must be expressed to be an undertaking under this section.

(4) The person may withdraw or vary the undertaking at any time, but only with the consent of the Minister.

(5) The Minister may, by notice in writing given to the person, cancel the undertaking.

(6) The undertaking may be published on either or both of the following:

(a) the website of the Authority;

(b) the website of the Department.

61ABB Enforcement of undertaking

(1) If:

(a) a person has given an undertaking under section 61ABA; and

(b) the undertaking has not been withdrawn or cancelled; and

the Minister may apply to the Federal Court for an order under subsection (2).

(2) If the Federal Court is satisfied that the person has breached the undertaking, the Court may make one or more of the following orders:

(a) an order directing the person to comply with the undertaking;

(b) any other order that the Court considers appropriate.

Subdivision C -- Emergency directions

61ACA Making emergency directions

Application of this section

(1) This section applies if the Authority is satisfied that circumstances exist amounting to an emergency that poses a serious risk to the environment in the Marine Park.

Emergency directions

(2) The Authority may make a direction (an emergency direction ) requiring a particular person, persons of a particular class, or persons generally, to take, or not to take, specified action for the purposes of avoiding, mitigating or eliminating the risk.

(3) An emergency direction that applies to a particular person does not have to be in writing, but must be communicated to the person to whom it applies. An emergency direction other than a direction that applies to a particular person must be in writing and a copy of the direction must be published on the website of the Authority as soon as practicable after the direction is made.

Relevant matters

(4) The Authority must not make an emergency direction unless:

(a) the Minister has consented to the making of the direction; and

(b) the Authority is satisfied that the direction is necessary and appropriate for the purposes of avoiding, mitigating or eliminating the risk; and

(c) if the circumstances include an incident involving a vessel--the Authority is satisfied that the direction is not inconsistent with Articles III and V of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, done at Brussels on 29 November 1969 [1984] ATS 4.

Note: The text of the Convention is set out in Australian Treaty Series 1984 No. 4. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).

Examples of emergency directions

(5) The following are examples of emergency directions the Authority may make:

(a) a direction regulating or prohibiting the entry or use of a vessel, vehicle or aircraft in the Marine Park or a part of the Marine Park;

(b) a direction that a person remove a vessel, vehicle or aircraft from the Marine Park or a part of the Marine Park;

(c) a direction that a person responsible for abandoned, stranded, sunk or wrecked property take any action reasonably necessary to avoid, mitigate or eliminate risk arising from the presence of the property in the Marine Park.

When emergency directions have effect

(6) An emergency direction:

(a) takes effect on the day the direction is made; and

(b) continues in effect until the earlier of:

(i) the end of the period (if any) specified in the direction (which must end no later than 2 months after the day the direction is made); or

(ii) the day that is 2 months after the day the direction is made.

Variation and revocation

(7) The Authority may vary or revoke an emergency direction:

(a) in the same manner as an emergency direction may be made; and

(b) subject to the conditions that apply to the making of an emergency direction (for this purpose, subsection (1) and paragraph (4)(b) are not conditions); and

(c) subject to the Authority being satisfied that the variation or revocation would not be inconsistent with the purposes of avoiding, mitigating or eliminating the risk in relation to which the direction was made.

Emergency directions are not legislative instruments

(8) If a direction under subsection (2) is made in writing, the direction is not a legislative instrument.

61ACB Failure to comply with emergency direction: offence

(1) A person commits an offence if:

(a) an emergency direction applies to the person; and

(b) if the direction applies to a particular person--the direction was communicated to the person; and

(c) if the direction applies to a class of persons or to persons generally--the direction has been published on the website of the Authority; and

(d) the person fails to comply with the direction.

Penalty: 500 penalty units.

(2) Absolute liability applies to paragraph (1)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code .

(3) Strict liability applies to paragraphs (1)(b) and (c).

Note: For strict liability, see section 6.1 of the Criminal Code .

(4) It is a defence to a prosecution for an offence against subsection (1) if it is proved:

(a) that the contravention of the direction resulted from the need to save life at sea; or

(b) that compliance with the direction was not possible; or

(c) if the direction requires a thing to be done before a particular time--that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.

Note: The defendant bears a legal burden in relation to the matters in this subsection. See section 13.4 of the Criminal Code .

Subdivision D -- Enforceable directions

61ADA Making enforceable directions

Application of this section

(1) This section applies if the Minister is satisfied:

(a) that a person has engaged, is engaging, or is likely to engage, in conduct that:

(i) constitutes or would constitute an offence against this Act; or

(ii) contravenes or would contravene a civil penalty provision; or

(iii) contravenes or would contravene the duty in section 37AA to prevent or minimise harm to the environment in the Marine Park; and

(b) that it would be in the public interest to make a direction under this section for either or both of the following purposes:

(i) ensuring the person's future compliance with this Act;

(ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the person's conduct.

Enforceable directions

(2) The Minister may, in writing, make a direction (an enforceable direction ) requiring the person to take or not to take specified action for either or both of the purposes referred to in subparagraphs (1)(b)(i) and (ii).

(3) A copy of the direction must be given to the person.

Examples of enforceable directions

(4) The following are examples of enforceable directions the Minister may make:

(a) a direction that the person stop, or not start, a specified activity (whether indefinitely or for a specified period);

(b) a direction that a person undertake a specified activity;

(d) a direction that a person prepare and comply with a plan of action, for compliance with this Act or for preventing, repairing or mitigating harm to the environment, that is satisfactory to the Minister;

(e) a direction that a person arrange for monitoring or auditing of either or both of the following:

(i) the person's compliance with this Act;

(ii) the effects on the environment in the Marine Park of the person's activities;

and provide the results to the Minister.

Variation and revocation

(5) The Minister may vary or revoke an enforceable direction:

(a) in the same manner as an enforceable direction may be made; and

(b) subject to the conditions that apply to the making of an enforceable direction (for this purpose, subsection (1) is not a condition); and

(d) subject to the Minister being satisfied that the variation or revocation would not be inconsistent with the following purposes:

(i) ensuring the person's future compliance with this Act;

(ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the conduct the person engaged in referred to in subsection (1).

Enforceable directions are not legislative instruments

(6) An enforceable direction is not a legislative instrument.

61ADB Content of enforceable direction

An enforceable direction must:

(a) state the name of the person to whom it applies; and

(b) set out brief details of the conduct to which it applies; and

(i) the offence referred to in subparagraph 61ADA(1)(a)(i);

(ii) the provision referred to in subparagraph 61ADA(1)(a)(ii);

(iii) the duty in section 37AA to prevent or minimise harm to the environment in the Marine Park; and

(d) specify the action that the person is to take or not take; and

(e) set out the effect of section 61ADE (Ministerial reconsideration of enforceable direction); and

(f) set out the effect of section 61ADH (failure to comply with enforceable direction); and

(g) if the direction relates to conduct that a person has engaged in that constitutes an offence or contravention--be given less than 6 years after the offence or contravention occurs.

61ADC Notifying owners and occupiers of land

(1) Before the Minister makes an enforceable direction that requires an action to be taken on land that is not owned or occupied by the person the Minister proposes the direction will apply to, the Minister must:

(a) take all practicable steps to identify each person who is an owner or occupier of the land or any part of it; and

(b) take all practicable steps to advise each person identified of the enforceable direction the Minister proposes to make; and

(2) The Minister must take any comments into account in deciding whether to make the proposed enforceable direction.

(3) If the Minister decides to make the proposed enforceable direction, the Minister must take all practicable steps to advise each person identified for the purposes of paragraph (1)(a) that the direction has been made.

61ADD When enforceable directions have effect

(1) An enforceable direction takes effect:

(a) on the day (if any) specified in the direction (which must not be earlier than the day on which a copy of the direction is given to the person to whom it applies); or

(b) if no day is specified--on the day on which a copy of the direction is given to the person to whom it applies.

(2) An enforceable direction continues in effect:

(a) for the period (if any) specified in the direction; or

(b) until set aside by the Federal Court under section 61ADF or revoked by the Minister under subsection 61ADA(5).

61ADE Ministerial reconsideration of enforceable direction

(1) A person to whom an enforceable direction is given may, no later than 20 days after:

(a) the day on which the person is given a copy of the direction; or

(b) the day on which the Minister varies the direction under subsection 61ADA(5);

apply in writing to the Minister for reconsideration of the decision to make or vary the direction.

(2) On receipt of the application, the Minister must:

(a) reconsider the decision; and

(b) affirm or vary it, or set it aside and substitute a new decision.

(3) The Minister may take into account information and comments from any source the Minister considers appropriate in deciding what action to take in relation to the application.

(4) The Minister must:

(a) advise the person of the Minister's decision in relation to the application; and

(b) take all practicable steps to advise the persons identified for the purposes of paragraph 61ADC(1)(a) of the Minister's decision in relation to the application.

61ADF Application to Federal Court

(1) A person to whom an enforceable direction applies may apply to the Federal Court to have the direction set aside, as long as the application is made within 28 days after any of the following:

(a) the day on which the person is given a copy of the direction;

(b) the day on which the Minister affirms or varies the direction under section 61ADE;

(2) On application under subsection (1), the Federal Court must set aside the enforceable direction if the Court is satisfied that:

(a) the person did not engage in, or was not likely to engage in, the conduct referred to in subsection 61ADA(1); or

(b) the conduct did not or would not constitute the offence specified in the direction; or

(d) the conduct did not or would not contravene the duty in section 37AA; or

(e) taking or not taking the action specified in the direction is not a reasonable measure for the purposes of:

(i) ensuring the person's future compliance with this Act; or

(ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the person's conduct.

(3) In considering whether taking or not taking an action is a reasonable measure for the purposes referred to in paragraph (2)(e), the Federal Court must have regard to the following:

(a) the nature and extent of the conduct referred to in subsection 61ADA(1);

(b) the nature and extent of the harm to the environment that has been, might be or will be caused by the conduct;

(d) whether the person has previously been found by a court in proceedings under this Act or under any other law of the Commonwealth or a State or Territory to have engaged in any similar conduct;

(e) the cost to the person of taking or not taking the action;

(f) any benefit (whether or not financial) that the person has obtained or might obtain as a result of engaging in the conduct.

The Federal Court may also have regard to any other matters it considers relevant.

(4) The Federal Court must not set aside the enforceable direction unless it is satisfied as mentioned in subsection (2).

61ADG Enforcement of direction by Federal Court

(1) If the Minister considers that the person to whom an enforceable direction applies has failed to comply with the direction, the Minister may apply to the Federal Court for an order under subsection (2).

(2) If the Federal Court is satisfied that the person has failed to comply with the direction, the Court may make any one or more of the following orders:

(a) an order directing the person to comply with the direction;

(b) any other order the Court considers appropriate.

61ADH Failure to comply with enforceable direction: civil penalty provision

A person to whom an enforceable direction applies must comply with the direction.

Civil penalty:

(a) for an individual--600 penalty units; or

(b) for a body corporate--6,000 penalty units.

Subdivision E -- Directions limiting access to Marine Park

61AEA Directions limiting access to Marine Park

Application of this section

(1) This section applies in relation to a person if at least 3 strikes against the person have occurred within the last 10 years. For this purpose:

(a) there is a strike against a person if the person has been convicted of an offence against this Act or a declaration of contravention of a civil penalty provision has been made against the person; and

(b) the strike occurs on the date the person is convicted of the offence or the date of the declaration of contravention.

Directions limiting access to Marine Park

(2) The Minister may, in writing, make a direction:

(a) prohibiting the person from entering and using the Marine Park; or

(b) imposing conditions on the person's entry to and use of the Marine Park.

(3) A copy of the direction must be given to the person.

Relevant matters

(4) In deciding whether to make a direction under subsection (2), the Minister must have regard to:

(a) the nature of the conduct involved in the strikes to which the direction relates; and

(b) the objects of ensuring the person's future compliance with this Act and preventing harm to the environment in the Marine Park.

(5) The Minister must not make a direction under subsection (2) that is inconsistent with the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.

When directions have effect

(6) A direction made under subsection (2):

(a) takes effect:

(i) on the day (if any) specified in the direction (which must not be earlier than the day on which a copy of the direction is given to the person); or

(ii) if no day is specified--on the day a copy of the direction is given to the person; and

(b) continues in effect for the period specified in the direction (which must be no longer than 10 years after the strike that occurred most recently before the direction takes effect).

Variation and revocation

(7) The Minister may vary or revoke a direction under subsection (2):

(a) in the same manner as a direction under that subsection may be made; and

(b) subject to the same conditions as apply to the making of a direction under subsection (2) (for this purpose, subsection (1) is not a condition).

Directions are not legislative instruments

(8) A direction made under subsection (2) is not a legislative instrument.

61AEB Failure to comply with direction: offence

(1) A person commits an offence if:

(a) a direction under subsection 61AEA(2) applies to the person; and

(b) the person fails to comply with the direction.

Penalty: 500 penalty units.

(2) Absolute liability applies to paragraph (1)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code .

(3) The fault element for paragraph (1)(b) is negligence.

Note: For negligence, see section 5.5 of the Criminal Code .

Subdivision F -- Publicising offences and contraventions

61AFA Publicising offences and contraventions

(1) The Minister or the Authority may publicise, in any way the Minister or Authority thinks appropriate, any or all of the following:

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

(b) a contravention of a civil penalty provision in respect of which a declaration of contravention has been made against a person or for which a person has been required to pay a pecuniary penalty;

(2) This section does not:

(a) limit the Minister's or Authority's powers to publicise an offence against or contravention of this Act; or

(b) prevent anyone else from publicising an offence against or contravention of this Act; or

Subdivision G -- Injunctions

61AGA Injunctions

(1) If a person has done, is doing or is proposing to do an act that:

(a) constitutes or would constitute an offence against this Act; or

(b) contravenes or would contravene a civil penalty provision;

the Federal Court or the Supreme Court of Queensland may, on application by the Minister, the Authority or by a person whose interests have been, are or would be affected by the action, grant an injunction, on terms the Court considers appropriate:

(d) if, in the Court's opinion, it is desirable to do so--requiring the person to do an act (including prevent, repair or mitigate harm to the environment in the Marine Park).

(2) If a person:

(a) has refused or failed, is refusing or failing or is proposing to refuse or fail to do an act; and

(b) that refusal or failure constitutes or would constitute:

(i) an offence against this Act; or

(ii) a contravention of a civil penalty provision;

the Federal Court or the Supreme Court of Queensland may, on application by the Minister, the Authority or by a person whose interests have been, are or would be affected by the refusal or failure, grant an injunction, on terms the Court considers appropriate, requiring the person to do the act.

(3) Before deciding to grant an injunction under this section, the Court may grant an interim injunction:

(a) restraining a person from doing an act; or

(b) requiring a person to do an act.

(4) The Court may discharge or vary an injunction granted under this section.

(5) The Court may grant an injunction under subsection (1) restraining a person from doing an act:

(a) whether or not it appears to the Court that the person intends to do again, or to continue to do, an act of that kind; and

(b) whether or not the person has previously done an act of that kind; and

(c) whether or not there is an imminent danger of substantial harm to a person or to the environment in the Marine Park if the person does an act of that kind.

(6) The Court may grant an injunction under subsection (2) requiring a person to do an act:

(a) whether or not it appears to the Court that the person intends to refuse or fail, or to continue to refuse or fail, to do the act; and

(b) whether or not the person has previously refused or failed to do the act; and

(c) whether or not there is an imminent danger of substantial harm to a person or to the environment in the Marine Park if the person refuses or fails to do the act.

Subdivision H -- Remediation orders

61AHA Remediation orders

(1) If a person has engaged or is engaging in conduct that constitutes:

(a) an offence against this Act; or

(b) a contravention of a civil penalty provision;

the Federal Court may, on application by the Minister, make an order (a remediation order ) requiring the person to take action to prevent, repair or mitigate harm to the environment in the Marine Park that has been, might be or will be caused by the conduct.

(2) In considering whether to grant a remediation order, the Federal Court must have regard to the following:

(a) the nature and extent of the conduct referred to in subsection (1);

(b) the nature and extent of the harm to the environment in the Marine Park that has been, might be or will be caused by the conduct;

(d) if the harm was, might be or will be caused in a zone--any objectives specified for the zone in its zoning plan;

(e) whether the person has previously been found by a court in proceedings under this Act or under any other law of the Commonwealth or a State or Territory to have engaged in any similar conduct;

(f) the cost to the person of taking the action;

(g) any benefit (whether or not financial) that the person has obtained or might obtain as a result of engaging in the conduct.

(3) A remediation order may specify the action that a person is to take in general terms (for example, requiring the person to take whatever action is necessary to prevent, repair or mitigate the harm) or in particular terms.

(4) If the Federal Court makes a remediation order, it may also make an order requiring the person to provide security for the due taking of the required action.

61AHB Variation and discharge of remediation order

The Federal Court may vary or discharge a remediation order on application by the Minister.

Subdivision I -- Civil penalty provisions

61AIA Declarations of contravention

(1) The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person.

(2) If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.

Note: Once a declaration is made, the Authority can seek a pecuniary penalty order (see section 61AIC).

(3) The declaration of contravention must specify the following:

(a) that the Federal Court made the declaration;

(b) the civil penalty provision that was contravened;

(d) the person who contravened the civil penalty provision;

(e) the conduct that constituted the contravention.

(4) Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.

61AIB Declaration of contravention is conclusive evidence

A declaration of contravention is conclusive evidence of the matters referred to in subsection 61AIA(3).

61AIC Pecuniary penalty for contravening civil penalty provision

Application for order

(1) No later than 6 years after a contravention of a civil penalty provision by a person, the Authority may, on behalf of the Commonwealth, apply to the Federal Court for an order that the person pay the Commonwealth a pecuniary penalty for the contravention.

Court may order person to pay pecuniary penalty

(2) If the Federal Court has made a declaration of contravention against the person under section 61AIA, the Court may order the person to pay to the Commonwealth for the contravention the pecuniary penalty that the Court determines is appropriate (but not more than the relevant amount specified for the provision).

Determining amount of pecuniary penalty

(3) In determining the pecuniary penalty, the Federal Court must have regard to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a result of the contravention; and

(c) the nature and extent of any harm to the environment that has been, might be or will be caused by the contravention; and

(d) if any harm caused by the contravention was, might be or will be caused in a zone--any objectives specified for the zone in its zoning plan; and

(e) the circumstances in which the contravention took place; and

(f) whether the person has previously been found by a court in proceedings under this Act or under any other law of the Commonwealth or a State or Territory to have engaged in any similar conduct; and

(g) any benefit (whether or not financial) obtained by the person directly or indirectly as a result of the contravention.

Conduct contravening more than one civil penalty provision

(4) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.

61AID Definition of civil penalty provision

For the purposes of this Act, a subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if:

(a) the words "civil penalty" and one or more amounts in penalty units are set out at the foot of the subsection (or section) (whether or not any other amount is set out); or

(b) another provision of this Act specifies that the subsection (or section) is a civil penalty provision.

61AIE Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

61AIF Persons involved in contravening civil penalty provision

(1) A person must not:

(a) aid, abet, counsel or procure a contravention of a civil penalty provision; or

(b) induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

(c) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or

(d) conspire to contravene a civil penalty provision.

(2) A person who contravenes subsection (1) in relation to a civil penalty provision is, for the purposes of:

(a) this Act; and

(b) Part 17 of the Environment Protection and Biodiversity Conservation Act 1999 , so far as that Part applies in relation to contraventions of civil penalty provisions of this Act;

taken to have contravened the civil penalty provision.

61AIG Recovery of a pecuniary penalty

If the Federal Court orders a person to pay a pecuniary penalty:

(a) the penalty is payable to the Commonwealth; and

(b) the Commonwealth may enforce the order as if it were a judgment of the Court.

61AIH Civil evidence and procedure rules for declarations of contravention and civil penalty orders

The Federal Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for:

(a) a declaration of contravention; or

(b) a pecuniary penalty order.

61AII Civil proceedings after criminal proceedings

The Federal Court must not make a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.

61AIJ Criminal proceedings during civil proceedings

(1) Proceedings for a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are started or have already been started against the person for an offence; and

(b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.

(2) The proceedings for the declaration or order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.

61AIK Criminal proceedings after civil proceedings

Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:

(a) a declaration of contravention has been made against the person; or

(b) a pecuniary penalty order has been made against the person.

61AIL Evidence given in proceedings for penalty not admissible in criminal proceedings

Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:

(a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.

However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.

Subdivision J -- Court order to pay amount equivalent to avoided charge

61AJA Order to pay amount equivalent to avoided charge

(1) This section applies if:

(a) a court convicts a person of an offence against this Act or orders a person to pay a pecuniary penalty for a contravention of a civil penalty provision; and

(b) the person would not have committed the offence or contravention if the conduct constituting the offence or contravention had been authorised by a permission granted under the regulations for the purposes of a zoning plan or a provision of this Act; and

(2) In addition to any fine or sentence of imprisonment imposed on the person for the offence or contravention, the court may, on application by the Authority, order the person to pay to the Authority, on behalf of the Commonwealth, a penalty of an amount determined by the court under subsection (3).

(3) In determining the penalty, the court must have regard to the amount of charge that would have been payable if the person had been the holder of the chargeable permission referred to in paragraph (1)(c) at all times when the person engaged in conduct constituting the offence or contravention (whether or not the person was convicted, or ordered to pay a pecuniary penalty, in respect of each particular instance of the conduct).

(4) To avoid doubt, the total of the penalties that may be payable by a person in relation to an offence or contravention of a civil penalty provision may, because of this section, exceed the maximum penalty set out at the foot of the offence or civil penalty provision.

Subdivision K -- Publicity orders

61AKA Publicity orders

A court that:

(a) convicts a person of an offence against this Act; or

(b) makes a declaration of contravention against a person, or imposes a pecuniary penalty on a person, for a contravention of a civil penalty provision;

may make an order that the person take action specified in the order to publicise either or both of the following:

(d) any penalty imposed.

Division 2 -- Other enforcement‑related matters

Subdivision A -- Infringement notices

61ALA Infringement notices

(1) The regulations may make provision enabling a person who is alleged to have committed:

(a) an offence against:

(i) subsection 38BA(3); or

(ii) subsection 38EA(4); or

(b) an offence against the regulations;

to pay a specified penalty to the Commonwealth as an alternative to prosecution.

(2) The penalty must not exceed an amount equal to one‑fifth of the maximum fine that a court could impose on the person for that offence.

Subdivision B -- Evidentiary matters

61AMA Content of evidentiary certificate

If the Chairperson has reason to believe that any of the following is the case, the Chairperson may issue a written certificate to that effect:

(a) that a specified document is a copy of a permission, authority or notice under this Act;

(b) that on a specified day, or during a specified period, a specified person was or was not authorised to engage in conduct by a specified permission granted under the regulations or specified authority given in accordance with such a permission;

(d) that a specified fee or charge under this Act is payable by a specified person;

(e) that a specified fee or charge under this Act payable by a specified person has not been paid by a specified day;

(f) that a specified location at which, or specified area of waters in which, a person, animal, plant, aircraft, vessel or platform is alleged to have been at a specified time is in the Great Barrier Reef Region, the Marine Park or in a specified zone;

(g) that specified information obtained from the vessel monitoring system of a vessel shows that the vessel was, at a specified time, at a specified location or in a specified area of waters;

(h) that specified information obtained from the vessel monitoring system of a vessel shows that the vessel was, at a specified time, travelling at a specified speed.

61AMB Evidentiary effect of certificate

(1) In any proceedings:

(a) in relation to an offence against this Act; or

(b) in relation to a contravention of a civil penalty provision; or

(d) to set aside an enforceable direction under section 61ADF;

a certificate under section 61AMA is prima facie evidence of the matters in the certificate.

(2) A document purporting to be a certificate under section 61AMA must, unless the contrary is proved, be taken to be such a certificate and to have been properly issued.

(3) A certificate must not be admitted in evidence under subsection (1) in proceedings in relation to an offence unless the person charged, or a solicitor who has appeared for the person in those proceedings, has, at least 14 days before the certificate is sought to be admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.

(4) Subject to subsection (5), if a certificate is admitted in evidence under subsection (1) in proceedings in relation to an offence, the person charged with the offence may require the Chairperson to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.

(5) Subsection (4) does not entitle the person charged to require the Chairperson to be called as a witness for the prosecution unless the court, by order, allows the person charged to require the Chairperson to be so called.

(6) The Authority may certify that a document is a copy of a certificate under section 61AMA.

(7) This section applies to the certified copy as if it were the original.

61AMC Varying or revoking certificate

(1) The Chairperson may vary a certificate under section 61AMA as long as the variation is of a minor nature.

(2) If a certificate is varied, the Chairperson must give the person concerned a written notice setting out the terms of the variation.

(3) The Chairperson may revoke a certificate under section 61AMA.

(4) If a certificate is revoked, the Chairperson must give the person concerned a written notice stating that the certificate has been revoked.

61AMD Offences and contraventions in relation to fishing

(1) This section applies in relation to an offence against this Act, or a contravention of a civil penalty provision, constituted by conduct that is fishing, if the fishing involved a primary commercial fishing vessel or a dory.

(2) In determining, in the case of an offence or contravention involving a primary commercial fishing vessel:

(a) the penalty, or the amount of a penalty, to be imposed on a person for the offence or contravention; or

(b) whether the forfeiture of a thing used in the offence should be ordered under Division 10 of Part 17 of the Environment Protection and Biodiversity Conservation Act 1999 ;

all fish on board the primary commercial fishing vessel at the time the vessel was apprehended in relation to the offence or contravention are taken to be fish in relation to which the offence or contravention was committed.

(3) In determining, in the case of an offence or contravention involving a dory:

(a) the penalty, or the amount of a penalty, to be imposed on a person for the offence or contravention; or

(b) whether the forfeiture of a thing used in the offence should be ordered;

all fish:

(d) on board the primary commercial fishing vessel, in association with which the dory is used, at the time the vessel was apprehended in relation to the offence or contravention;

are taken to be fish in relation to which the offence or contravention was committed.

Subdivision C -- Conduct of directors, employees and agents

61ANA Conduct of directors, employees and agents

Bodies corporate--conduct

(1) Any conduct engaged in on behalf of a body corporate:

(a) by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;

is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

Bodies corporate--state of mind

(2) If, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee, agent or other person as mentioned in paragraph (1)(a) or (b); and

(b) that the director, employee, agent or other person had that state of mind.

Persons other than bodies corporate--conduct

(3) Any conduct engaged in on behalf of a person other than a body corporate:

(a) by an employee or agent of the person within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;

is taken, for the purposes of this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

Persons other than bodies corporate--state of mind

(4) If, for the purposes of this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by an employee, agent or other person as mentioned in paragraph (3)(a) or (b); and

(b) that the employee, agent or other person had that state of mind.

Reasonable precautions

(5) For the purposes of subsection (1) or (3), in determining whether a body corporate or other person took reasonable precautions and exercised due diligence to avoid particular conduct, a court must have regard to what steps (if any) the body or person took directed towards ensuring the following (to the extent that the steps are relevant to the conduct):

(a) that the body or person regularly assesses, or arranges for regular assessments of, the body's or person's compliance with this Act;

(b) that the body or person implements any appropriate recommendations arising from such an assessment;

(c) that the directors of the body, or the employees or agents of the body or person, have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the directors, employees or agents concerned;

(d) that the body or person regularly assesses, or arranges for regular assessments of, the effects of the body's or person's activities on the environment in the Marine Park;

(e) that the body or person has an appropriate system established for managing those effects.

Meaning of state of mind

(6) A reference in subsection (2) or (4) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person's reasons for the intention, opinion, belief or purpose.

Meaning of director

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

Disapplying Part 2.5 of Criminal Code

(8) Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Subdivision D -- Liability of executive officers for bodies corporate

61AOA Criminal liability of executive officers of bodies corporate

(1) If:

(a) a body corporate commits an offence against Part VAA (other than Division 6); and

(b) an executive officer of the body was reckless as to whether the offence would be committed; and

(d) the officer failed to take all reasonable steps to prevent the offence being committed;

the officer commits an offence.

(2) An offence against subsection (1) is punishable on conviction by:

(a) imprisonment for a term not exceeding the term specified for the offence committed by the body corporate; or

(b) if no term of imprisonment is specified for the offence committed by the body corporate--a pecuniary penalty not exceeding the pecuniary penalty specified for the offence committed by the body corporate.

61AOB Civil penalties for executive officers of bodies corporate

(1) If:

(a) a body corporate contravenes a civil penalty provision; and

(b) an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and

(d) the officer failed to take all reasonable steps to prevent the contravention;

the officer contravenes this subsection.

(2) Subsection (1) is a civil penalty provision. Under section 61AIC, the Federal Court may order a person contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order an individual to pay for contravening the civil penalty provision contravened by the body corporate.

61AOC Reasonable steps to prevent offence or contravention

(1) For the purposes of sections 61AOA and 61AOB, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the offence or contravention, a court must have regard to:

(a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the offence or contravention):

(i) that the body regularly assesses, or arranges for regular assessments of, the body's compliance with this Act;

(ii) that the body implements any appropriate recommendations arising from such an assessment;

(iii) that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned;

(iv) that the body regularly assesses, or arranges for regular assessments of, the effects of the body's activities on the environment in the Marine Park;

(v) that the body has an appropriate system established for managing those effects; and

(b) what action (if any) the officer took when he or she became aware that the body was committing an offence against, or contravening, this Act.

(2) This section does not, by implication, limit the generality of sections 61AOA and 61AOB.

Subdivision E -- Miscellaneous

61APA Powers of Federal Court

The powers conferred on the Federal Court by this Part are in addition to (and do not limit) any other powers of the Court.

126 Subsection 61A(1)

After "against this Act", insert "or a contravention of a civil penalty provision".

127 Subsection 61A(2)

Omit "section 38H", substitute "section 38DC".

128 Subsection 61A(2)

After "an order", insert "or direction".

129 Subsections 61A(3) and (4)

Repeal the subsections.

130 After subsection 61B(1)

Insert:

(1A) Subject to this section, if:

(a) a declaration of contravention has been made against a person in relation to a contravention of a civil penalty provision; and

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

(i) if the contravention is a contravention of subsection 61AIF(1)--rectifying the act or omission constituting the contravention of the civil penalty provision to which that contravention relates; or

(ii) in any other case--rectifying the act or omission constituting the contravention;

the person against whom the declaration is made 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.

131 Subsection 61B(2)

After "subsection (1)", insert "or (1A)".

132 After subsection 61B(5)

Insert:

(5A) If the Federal Court makes a declaration of contravention against a person for a contravention of a civil penalty provision, the Court may (whether or not the Court makes a pecuniary penalty order against the person in respect of the contravention) order the person to pay an amount that the person is liable to pay under this section.

133 Subsection 61B(6)

After "subsection (5)" (wherever occurring), insert "or (5A)".

134 Paragraph 61B(7)(b)

Omit "38K or 38L", substitute "38FA or 38FD".

135 Subsection 61B(9)

After "offence against this Act", insert "or a contravention of a civil penalty provision".

136 Paragraph 61B(9)(a)

Omit "section 38H", substitute "section 38DC".

137 Paragraph 61B(9)(a)

After "an order", insert "or direction".

138 Paragraphs 61C(1)(a) and (2)(a)

Omit "or 61B(5)", substitute ", section 61AJA or subsection 61B(5) or (5A)".

139 Section 62

Repeal the section.

140 Section 64

Repeal the section, substitute:

Part IX -- Miscellaneous

64 Reconsideration of decisions

(1) A person who is affected by a reviewable decision made by the Minister may request the Minister, in writing, to reconsider the decision.

(2) A person who is affected by a reviewable decision made by the Authority may request the Authority, in writing, to reconsider the decision.

(3) For the purposes of this Act, each of the following decisions is a reviewable decision :

(a) a decision by the Authority to make an emergency direction under subsection 61ACA(2) or to vary such a direction;

(b) a decision by the Minister to make a direction under subsection 61AEA(2) (directions limiting access to the Marine Park), or to vary such a direction;

(d) a decision by the Authority prescribed by the regulations for the purposes of this paragraph.

(4) After receiving a request, the Minister or Authority must:

(a) reconsider the decision; and

(b) affirm or vary it, or set it aside and substitute a new decision.

(5) The regulations may prescribe any or all of the following:

(a) time limits for making requests under this section;

(b) matters to be included in requests under this section;

(d) when a decision on reconsideration takes effect.

(6) In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

64A Review of decisions by AAT

If a reviewable decision made by the Minister or the Authority has been reconsidered under subsection 64(4), application may be made to the AAT for review of the decision as affirmed, varied or substituted on reconsideration.

Note: Sections 39M and 59G provide for review of certain other decisions by the AAT.

141 After section 65

Insert:

65A Appropriation of Consolidated Revenue Fund

(1) The Consolidated Revenue Fund is appropriated for the following purposes:

(a) making refunds of amounts in accordance with regulations made for the purposes of paragraph 39K(1)(c);

(b) making payments of interest, or other amounts, derived from the custody or banking of collected amounts in accordance with regulations made for the purposes of paragraph 39PA(1)(d).

(2) If an amount (the Commonwealth amount ) is received by the Commonwealth under section 39DA, subsection 39FA(2), section 39FD or 39H or subsection 61AJA(2), an amount equal to the Commonwealth amount is appropriated out of the Consolidated Revenue Fund for the purpose of the performance of the functions of the Authority.

(3) If the Commonwealth refunds the whole or part of a Commonwealth amount, the amount appropriated under subsection (2) is reduced by the amount of the refund.

Note: Subsection 28(2) of the Financial Management and Accountability Act 1997 is a standing appropriation for repayments of amounts received by the Commonwealth.

142 Subsection 66(2)

After "subsection (1), regulations", insert "to do any or all of the following".

143 Paragraph 66(2)(n)

Repeal the paragraph.

144 Paragraph 66(2)(ua)

Omit "issued; and", substitute "issued;".

145 After paragraph 66(2)(ua)

Insert:

(ub) providing for the use of a vessel monitoring system on vessels in the Marine Park and for the use and disclosure of information provided by the vessel monitoring system;

(uc) regulating fishing (of any kind, including commercial fishing) in the Marine Park;

(ud) regulating camping and other activities on islands in the Marine Park;

(ue) providing for the protection and conservation of protected species in the Marine Park;

146 After subsection 66(2)

Insert:

(2A) Without limiting subsection (1), the regulations may prescribe measures for the management of the discharge of sewage from vessels in the Marine Park.

Part 3 -- Transitional, application and saving provisions

147 Section 42 of the Great Barrier Reef Marine Park Act 1975

(1) This item applies if, immediately before the commencement of this Schedule, an arrangement under section 42 of the Great Barrier Reef Marine Park Act 1975 was in force in respect of a person.

(2) Despite the repeal of section 42 by this Schedule, the arrangement in respect of the person continues in force after the commencement of this Schedule as if the arrangement had been made under section 48A as inserted by this Act.

(3) Subitem (2) applies even if the person is not a person in respect of whom an arrangement under section 48A could be made.

148 Section 46D of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of section 46D of the Great Barrier Reef Marine Park Act 1975 by this Schedule, that section continues to apply after the commencement of this Schedule in relation to a thing seized before the commencement of this Schedule under section 46A or 46B of that Act.

149 Section 47 of the Great Barrier Reef Marine Park Act 1975

(1) Despite the repeal of section 47 of the Great Barrier Reef Marine Park Act 1975 by this Schedule, subsections 47(3), (4) and (9) continue to apply after the commencement of this Schedule in relation to a vessel, aircraft or article seized before the commencement of this Schedule under subsection 47(2).

(2) Despite the repeal of section 47 of the Great Barrier Reef Marine Park Act 1975 by this Schedule, subsections 47(7), (8) and (9) continue to apply after the commencement of this Schedule in relation to an animal or plant seized before the commencement of this Schedule under subsection 47(6).

150 Section 47B of the Great Barrier Reef Marine Park Act 1975

(1) This item applies if, immediately before the commencement of this Schedule, an inspector within the meaning of the Great Barrier Reef Marine Park Act 1975 was authorised to seize a vessel or aircraft, or an article, animal or plant, under that Act.

(2) After the commencement of this Schedule, the inspector may give a direction under section 447 of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel, aircraft, article, animal or plant, as if the inspector were authorised to seize the vessel, aircraft, article, animal or plant under a warrant issued under Division 4 of Part 17 or under section 445 of that Act.

151 Section 48AB of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of section 48AB of the Great Barrier Reef Marine Park Act 1975 by this Schedule, that section continues to apply after the commencement of this Schedule in relation to a weapon or other thing seized before the commencement of this Schedule under that section.

152 Directions limiting access to the Marine Park

For the purposes of section 61AEA of the Great Barrier Reef Marine Park Act 1975 , as inserted by this Schedule, a reference to a strike against a person includes a reference to a strike against a person that occurred before the commencement of this Schedule.

153 Delegations under section 61 of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of section 61 of the Great Barrier Reef Marine Park Act 1975 by this Schedule:

(a) a delegation to a person that was, immediately before the commencement of this Schedule, in force under that section continues in force after that commencement as if it had been made under section 47 of the Great Barrier Reef Marine Park Act 1975 as inserted by this Schedule; and

(b) a direction to a delegate that was, immediately before the commencement of this Schedule, in force under that section continues in force after that commencement as if it had been made under section 47 of the Great Barrier Reef Marine Park Act 1975 as inserted by this Schedule.

154 Delegations under subsection 61A(3) of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of subsections 61A(3) and (4) of the Great Barrier Reef Marine Park Act 1975 by this Schedule:

(a) a delegation to the Authority that was, immediately before the commencement of this Schedule, in force under subsection 61A(3) continues in force after that commencement as if it had been made under subsection 46(1) of the Great Barrier Reef Marine Park Act 1975 as inserted by this Schedule; and

(b) a direction to the Authority that was, immediately before the commencement of this Schedule, in force under subsection 61A(4) continues in force after that commencement as if it had been made under subsection 46(2) of the Great Barrier Reef Marine Park Act 1975 as inserted by this Schedule.

155 Averments under section 62 of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of section 62 of the Great Barrier Reef Marine Park Act 1975 by this Schedule, that section continues to apply after the commencement of this Schedule in relation to an averment made before the commencement of this Schedule.

156 Section 64 of the Great Barrier Reef Marine Park Act 1975

Despite the repeal of section 64 of the Great Barrier Reef Marine Park Act 1975 by this Schedule, that section continues to apply after the commencement of this Schedule in relation to conduct engaged in, or taken by subsection 64(2) of that Act to have been engaged in, before the commencement of this Schedule.

157 Regulations in relation to infringement notices

The repeal of paragraph 66(2)(n) of the Great Barrier Reef Marine Park Act 1975 by this Schedule does not affect the validity of any regulations in force immediately before the commencement of this Schedule in relation to the matters referred to in that paragraph.

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