Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 60 - SCHEDULE 2

(regulation 3)

[1] Paragraphs 10 (4) (k) and 18 (4) (k)

substitute

(k)

any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(ka)

any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

[2] Paragraph 27 (c)

substitute

(c)

any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(d)

any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force).

[3] Paragraph 32D (5) (k)

substitute

(k)

any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(ka)

any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

[4] Paragraph 34 (l)

substitute

(l)

any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(la)

any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

[5] Paragraphs 52 (3) (a) and (b)

substitute

(a)

any charge, collected amount or penalty amount that is overdue for payment by the proposed transferee, or the proposed transferor, as the holder of a chargeable permission (whether or not the permission is in force); and

(b)

any late payment penalty that is payable by the proposed transferee, or the proposed transferor, as the holder of a chargeable permission (whether or not the permission is in force); and

[6] Regulation 57

substitute

57 Suspension of permission — non-compliance with Part 9
A permission that is a chargeable permission may be suspended by the Authority if:

(a)

at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid; or

(b)

charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission; or

(c)

at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid; or

(d)

a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA (3) of the Act; or

(e)

an amount of late payment penalty that is payable in relation to the permission has not been paid; or

(f)

at the end of the month in which a return in relation to the permission is to be given to the Authority under subregulation 107 (1) or (2), the return has not been given to the Authority.

[7] Subregulation 74 (1), definition of visitor

substitute

"visitor" means a person to whom a service is provided under a chargeable permission, but who is not:

(a)

a transfer passenger; or

(b)

a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:

(i)

a child aged less than 4 years;

(ii)

a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;

(iii)

a member of a school supervised school group;

(iv)

a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;

(v)

a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.

[8] Paragraphs 76 (3) (b) and (c)

substitute

(b)

what percentage of visitors who use, or will use, the service are visitors who are liable to pay the standard tourist program charge (within the meaning given by Subdivision 1 of Division 2); and

(c)

how the applicant proposes to find out whether visitors who use the service are visitors who have paid the standard tourist program charge.

[9] Paragraph 77 (2) (b)

omit

regulation 118

insert

regulation 120

[10] Regulation 79

omit

[11] Regulations 82 and 83

substitute

82 Payment of standard tourist program charge — general rule

(1)

Subject to regulations 83, 85, 86 and 87, if a tourist program provided under a chargeable permission is, or includes, a primary service, the standard tourist program charge for a charge year is payable by each visitor who takes part in the program during the charge year.

(2)

The charge is payable by a visitor for each day, or part of a day, that the visitor takes part in the program.

83 Visitors who do not have to pay charge

(1)

Charge is not payable under this Subdivision by a visitor who takes part in a tourist program on a day if:

(a)

on the same day, the visitor has used a service for which the full amount of the standard tourist program charge is payable by the visitor; and

(b)

the visitor, or the holder of the chargeable permission under which the service mentioned in paragraph (a) was provided, has evidence (in the form of a dated receipt or dated ticket) that the visitor has paid the charge.

(2)

Charge is not payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission on a day if the visitor only takes part in the program on the day by:

(a)

using any non-motorised beach equipment for which the holder of the permission is liable to pay charge under regulation 90; or

(b)

using a dinghy for which the holder of the permission is liable to pay charge under regulation 91; or

(c)

using any motorised water sports equipment for which the holder of the permission is liable to pay charge under regulation 92; or

(d)

participating in 1 or more excursions to which regulation 93 or 94 applies; or

(e)

being accommodated in a floating hotel, the operation of which the holder of the permission is liable to pay charge for under regulation 96; or

(f)

berthing a vessel at a marina, the construction or operation of which the holder of the permission is liable to pay charge for under regulation 97; or

(g)

participating in 1 or more excursions to an underwater observatory, the operation of which the holder of the permission is liable to pay charge for under regulation 98.

[12] Subregulation 84 (2), except the penalty

substitute

(2)

A person must not use as evidence for subregulation 83 (1) a receipt or ticket that the person knows, or has reason to believe, has been altered (including altered by adding a date).

[13] Paragraph 84 (3) (b)

omit

regulation 83.

insert

subregulation 83 (1).

[14] Regulations 85 and 86

omit

for a visitor who participates

insert

by a visitor who takes part

[15] Subregulations 87 (2) and (3)

omit

for a visitor who participates

insert

by a visitor who takes part

[16] Regulation 88

substitute

88 When charge is payable
Charge payable under this Subdivision by a visitor who takes part in a tourist program provided under a chargeable permission is payable by the visitor to the holder of the permission on behalf of the Commonwealth at the following time:
(a) for charge in respect of a tour to which regulation 85 applies — on the first day that the visitor takes part in the tour;

(b)

for charge in respect of any other tourist program — on each day that the visitor takes part in the program.

[17] Regulation 89

omit

[18] Subregulations 90 (3), 91 (4) and 92 (2)

after

holder of the permission

insert

to the Authority on behalf of the Commonwealth

[19] Regulations 93 and 94

substitute

93 Semi-submersible and glass-bottomed boats charges

(1)

Subject to subregulations (2) and (3), the charge payable by each visitor who participates in a semi-submersible, or glass-bottomed, boat excursion provided under a chargeable permission is $0.40 for each excursion.

(2)

If a visitor participates in more than 1 excursion on the same day and all the excursions are provided under the same permission, charge is only payable by the visitor for the first excursion.

(3)

Charge is not payable by a visitor for an excursion if:

(a)

the excursion is permitted under a permission to which regulation 82 applies; and

(b)

the visitor is liable to pay charge in accordance with that regulation.

(4)

Charge for an excursion is payable by a visitor to the holder of the permission on behalf of the Commonwealth on the day that the visitor participates in the excursion.

94 Sight-seeing aircraft charges

(1)

Subject to subregulations (2) and (3), the charge payable by each visitor who participates in an aircraft excursion in or into the Marine Park, that is provided under a chargeable permission for the sole purpose of sight-seeing, is $0.40 for each excursion.

(2)

If a visitor participates in more than 1 excursion on the same day and all the excursions are provided under the same permission, charge is only payable by the visitor for the first excursion.

(3)

Charge is not payable by a visitor for an excursion if:

(a)

the excursion is permitted under a permission to which regulation 82 applies; and

(b)

the visitor is liable to pay charge in accordance with that regulation.

(4)

Charge for an excursion is payable by a visitor to the holder of the permission on behalf of the Commonwealth on the day that the visitor participates in the excursion.

[20] Subregulation 95 (1)

substitute

(1)

The charge payable by the holder of a chargeable permission for the operation of a pontoon is:

(a)

if the horizontal surface area of the pontoon is 40 square metres or less — $90.00 per quarter; or

(b)

if the horizontal surface of the pontoon is more than 40 square metres — $180.00 per quarter.

[21] Subregulation 95 (2)

omit

[22] Subregulation 95 (3)

after

holder of the permission

insert

to the Authority on behalf of the Commonwealth

[23] Subregulation 96 (1)

substitute

(1)

The charge payable by the holder of a chargeable permission for the operation of a floating hotel is $280.00 per quarter.

[24] Subregulation 96 (3)

after

holder of the permission

insert

to the Authority on behalf of the Commonwealth

[25] Subregulation 97 (2)

substitute

(2)

The charge payable by the holder of a chargeable permission for the operation of a marina is $380.00 per quarter.

[26] Subregulation 97 (3)

after

holder of the permission

insert

to the Authority on behalf of the Commonwealth

[27] Regulations 98 and 99

substitute

98 Underwater observatory charges

(1)

The charge payable by the holder of a chargeable permission for the operation of an underwater observatory that is not attached to a pontoon is $130.00 per quarter.

(2)

Charge is payable by the holder of the permission to the Authority on behalf of the Commonwealth in April, July, October and January in respect of the exercise of the permission in the preceding quarter.

99 Lady Elliott Island charges

(1)

Subject to subregulation (2), the charge payable by each visitor who participates in a tourist program that is provided under a chargeable permission and involves visiting Lady Elliott Island is $2.00 for each day, or part of a day, that the visitor visits the island.

(2)

Charge is not payable by a visitor for a day that the visitor visits the island if:

(a)

the visit is permitted under a permission to which regulation 82 applies; and

(b)

the visitor is liable to pay charge in accordance with that regulation.

(3)

Charge for each day that a visitor visits the island is payable by the visitor to the holder of the permission on behalf of the Commonwealth:

(a)

if the visit takes no more than 1 day — on the day of the visit; or

(b)

if the visit takes more than 1 day — on the first day of the visit.

[28] Subregulation 100 (3)

after

the holder of the permission

insert

to the Authority on behalf of the Commonwealth

[29] Regulation 101

substitute

101 Vessel chartering charges

(1)

If the charter of a vessel is provided under a chargeable permission for a commercial purpose unrelated to tourism, the charge of $2.00 is payable by each visitor (other than a crew member) who is carried on the chartered vessel.

(2)

Charge for the charter of a vessel is payable by a visitor to the holder of the permission on behalf of the Commonwealth on the first day that the visitor is carried on the vessel.

[30] Subregulations 102 (2) and 103 (2)

after

holder of the permission

insert

to the Authority on behalf of the Commonwealth

[31] After regulation 103

insert

Subdivision 3 Payment and overpayment
103A When collected amounts are payable
A collected amount in respect of a chargeable permission is payable by the holder of the permission to the Authority on behalf of the Commonwealth in whichever of April, July, October or January is the month after the quarter in which the amount is collected.

Note
The holder of a chargeable permission who does not collect charge as required by subsection 39FA (1) of the Act is liable to pay a penalty amount equal to the amount of the charge. The penalty amount is due for payment at the time when, if the charge had become a collected amount, the holder would have had to pay the collected amount to the Authority — see subsections 39FA (2) and (3) of the Act.

[32] Regulation 104, heading

substitute

104 Payment on termination or transfer of permission

[33] Subregulation 104 (1)

substitute

(1) If a chargeable permission ceases to be in force, the following is payable by the holder of the permission to the Authority on behalf of the Commonwealth within 30 days after the day the permission ceases:

(a)

if, under this Part, the holder is liable to pay charge in relation to the permission — charge in respect of the exercise of the permission since the end of the preceding quarter until the end of the day the permission ceases;

(b)

if, under this Part, a visitor is liable to pay charge in relation to the permission — collected amounts that the holder has collected since the end of the preceding quarter until the end of the day the permission ceases;

(c)

any amount of late payment penalty that, under section 39G of the Act, the holder is liable to pay in relation to the permission, including any amount that accrues after the day the permission ceases.

[34] Subregulation 104 (3)

substitute

(3)

If a holder's interest in a chargeable permission is transferred to another person, the following is payable by the holder to the Authority on behalf of the Commonwealth on the day the transfer occurs:

(a)

if, under this Part, the holder is liable to pay charge in relation to the permission — charge in respect of the exercise of the permission since the end of the preceding quarter until the end of the day of transfer;

(b)

if, under this Part, a visitor is liable to pay charge in relation to the permission — collected amounts that the holder has collected since the end of the preceding quarter until the end of the day of transfer;

(c)

any amount of late payment penalty that, under section 39G of the Act, the holder is liable to pay in relation to the permission.

[35] Subregulation 104 (4)

omit

subregulation (3),

insert

paragraph (3) (a),

[36] Subregulation 104 (4)

omit

subregulation.

insert

paragraph.

[37] Subregulation 104 (4), at the foot

insert

Note
The holder of a chargeable permission who does not collect charge as required by subsection 39FA (1) of the Act is liable to pay a penalty amount equal to the amount of the charge. The penalty amount is due for payment at the time when, if the charge had become a collected amount, the holder would have had to pay the collected amount to the Authority — see subsections 39FA (2) and (3) of the Act.

[38] Regulation 105, heading

substitute

105 Overpayment of charge by holder of chargeable permission

[39] Subregulation 106 (1), except the penalty

substitute

(1)

The holder of a chargeable permission referred to in Subdivision 1 of Division 2 or regulation 93, 94, 95, 96, 97, 98, 99 or 101 must record, each day on which the permission is used by the holder, and whether or not charge is incurred or collected, the information that the Authority requires the holder to keep for the purpose of ascertaining, for a quarter:

(a)

the charge payable by the holder for the quarter; and

(b)

the charge that the holder was required to collect during the quarter.

[40] After regulation 107

insert in Part 9

107A Custody and banking of collected amounts

(1)

The holder of a chargeable permission may deposit a collected amount into an account, maintained by the holder with a bank, until the amount is due for payment to the Authority on behalf of the Commonwealth.

(2)

If a collected amount is deposited in accordance with subregulation (1), the holder is entitled to any interest derived from the deposit of the amount.

(3)

In this regulation:

"bank" means:

(a)

a person who carries on the business of banking, either in Australia or outside Australia; or

(b)

any other institution:

(i)

that carries on a business in Australia that consists of or includes taking money on deposit; and

(ii)

the operations of which are subject to prudential supervision or regulation under a law of the Commonwealth, a State or a Territory.

[41] Further amendments