Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1997 No. 326 - REG 303

303.1 After regulation 35, insert: Secondary services

"35A. (1) A service that forms part of a tourist program is a secondary
service if:

   (a)  every visitor who uses the service is likely to have been recorded as
        a visitor for another chargeable permission on the same day; and

   (b)  the Authority determines, under this regulation, that it is a
        secondary service.

"(2) A chargeable permission holder, or a person who has applied for a
chargeable permission, may apply to the Authority for a determination that a
service provided, or to be provided, as part of a tourist program by the
applicant under the permission:

   (a)  is a secondary service; or

   (b)  in the case of an applicant for a chargeable permission-will be, if
        the permission is granted, a secondary service. [NOTE: Applications
        for relevant permissions are dealt with in regulations 7, 13AC, and
        13B.]

"(3) The application must be in writing and must set out, or be accompanied
by, details of:

   (a)  the primary service provider who supplies, or proposes to supply,
        visitors to the program; and

   (b)  what percentage of visitors who use, or will use, the service are
        visitors for whom the standard tourist program charge (within the
        meaning of Subdivision A of Division 2) is payable; and

   (c)  how the applicant proposes to find out whether visitors who use the
        service are visitors for whom the standard tourist program charge is
        payable.

"(4) The Authority may ask the applicant in writing to give the Authority any
other information reasonably necessary to enable the Authority to consider the
application.

"(5) The Authority must determine the application within 28 days after:

   (a)  the Authority receives the application; or

   (b)  if the Authority asks the applicant to give it other information under
        subregulation (4)-the day on which the information is given to the
        Authority. Notice of decision

"35B. (1) After the Authority makes a determination under regulation 35A, the
Authority must tell the applicant, in writing, of the decision.

"(2) If the decision is that the service or proposed service is not, or will
not be, a secondary service, the notice must set out:

   (a)  the reasons for the decision; and

   (b)  a statement to the effect that the applicant may apply to the
        Authority under regulation 22 for reconsideration of the decision,
        and, if the applicant is dissatisfied with a decision on
        reconsideration, to the AAT for review of the decision on
        reconsideration.

"(3) A failure to comply with subregulation (2) about a decision does not make
the decision invalid. Numbering of secondary services

"35C. The Authority must allot a unique number to a secondary service.".