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GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1997 No. 326 - REG 304

304. Regulation 37 (Standard tourist program charge)
304.1 Omit the regulation, substitute:

"Subdivision A-Standard tourist program charges Meanings of terms

"36A. (1) In this Subdivision:
'charge year' means a period of 12 months beginning on 1 April;
'standard tourist program charge' has the meaning given by subregulation 36B
(2).

"(2) For this Subdivision, a visitor takes part in a program if the visitor
participates (wholly or partly) in the excursions or activities provided in
the Marine Park by the permission holder who provides the program. Standard
tourist program charge

"36B. (1) In this regulation:
'CPI' means the Consumer Price Index (All Groups) for Brisbane, using, as a
reference base, the financial year ending on 30 June 1990;
'CPI base date', for a charge year, means 31 December in the previous charge
year.

"(2) The standard tourist program charge is:

   (a)  during the charge years beginning on 1 April 1998 and 1 April
        1999-$4.00; and

   (b)  during any later charge year-the greater of:

        (i)    $4.00; and

        (ii)   the amount worked out as set out in subregulation (3).

"(3) The amount for the second charge year after the current charge year ('the
second charge year') is worked out as follows:

   (a)  work out the indexed amount, for the second charge year, of the STPC
        by the formula:

(STPC x new CPI)
$(--------------)
           (    old CPI   )


where:

'STPC' is the standard tourist program charge for the current charge year; and
'new CPI' is the CPI on the CPI base date for the second charge year; and
'old CPI' is the CPI on 31 December 1997; then:

   (b)  subtract the standard tourist program charge for the current charge
        year from the amount so worked out; and

   (c)  if the difference between the indexed amount and the standard tourist
        program charge for the current charge year is negative, or is positive
        but is less than $0.40, the standard tourist program charge for the
        second charge year is the same as that for the current charge year;
        and

   (d)  if the difference is $0.40 or more but less than $0.90, the standard
        tourist program charge for the second charge year is $0.50 greater
        than that for the current charge year; and

   (e)  if the difference is $0.90 or more but less than $1.40, the standard
        tourist program charge for the second charge year is $1.00 greater
        than that for the current charge year; and

   (f)  if the difference is $1.40 or more, the standard tourist program
        charge for the second charge year is $1.50 greater than that for the
        current charge year. [Example: To work out the STPC for the charge
        year beginning on 1 April 2000, the calculation would be:

(STPC/1998 x CPI for 31 December 1998)
$(------------------------------------)
          (      CPI for 31 December 1997      )


(where 'STPC/1998' is the standard tourist program charge for the charge year
that begins on 1 April 1998). Suppose the result is $4.25. According to
paragraph (c), the standard tourist program charge for the charge year that
begins on 1 April 2000 is still $4.00. If the result were $4.55, the STPC for
that charge year would be $4.50, according to paragraph (d).] Payment of
standard tourist program charge-general rule

"37. Subject to regulations 37C, 37D, 37E and 37F, if a tourist program
provided by the holder of a chargeable permission is or includes a primary
service, the standard tourist program charge for a charge year is payable by
the holder for each visitor who takes part in the program (except a visitor
referred to in regulation 37F) during the charge year and each day, or part of
a day, on which the visitor takes part in the program during the charge year.
Visitors who have already undertaken chargeable activity

"37A. Charge is not payable under this Subdivision by a chargeable permission
holder for a visitor and 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 for him or
        her; and

   (b)  the permission holder has evidence (in the form of a dated receipt or
        dated ticket) that the visitor has done so. Offence-altering ticket
        etc

"37B. (1) A person must not alter the date on a receipt or ticket, or add a
date to a receipt or ticket that does not bear a date. Penalty: 10 penalty
units.

"(2) A permission holder must not use as evidence for regulation 37A a receipt
or ticket that the permission holder knows has been altered (including altered
by adding a date), or has reason to believe has been so altered. Penalty: 10
penalty units. Longer tours

"37C. If a tour that is a primary service takes longer than 3 continuous days,
the amount of charge that is payable under this Subdivision for a visitor who
participates in the tour is 3 times the standard tourist program charge. Very
short tours

"37D. If a tour that is a primary service takes 3 hours or less, the amount of
charge that is payable under this Subdivision for a visitor who participates
in the tour is half the standard tourist program charge, even if regulation
37E also applies to the tour. Tours that arrive late or depart early

"37E. (1) For this regulation:

   (a)  a tour that begins at a jetty, wharf or similar structure that is
        within or partly within the Marine Park is taken to enter the Park
        when it leaves the structure; and

   (b)  a tour that ends at such a structure that is within or partly within
        the Marine Park is taken to leave the Park when it arrives at the
        structure.

"(2) If a tour that is a primary service (except a tour to which regulation
37C or 37D applies) enters the Marine Park after 5 pm on the first day of the
tour, only half the standard tourist program charge is payable for that day
for a visitor who participates in the tour.

"(3) If a tour that is a primary service (except a tour to which regulation
37C or 37D applies) leaves the Marine Park before 6 am on the last day of the
tour, only half the standard tourist program charge is payable for that day
for a visitor who participates in the tour. Visitors for whom charge is not
payable

"37F. Charge is not payable under this Subdivision by a permission holder for
a visitor and a day if, on the day, the visitor participates in the permission
holder's tourist program only by:

   (a)  using any non-motorised beach equipment for which the operator is
        liable to pay charge under regulation 38; or

   (b)  using a dinghy for which the operator is liable to pay charge under
        regulation 39; or

   (c)  using any motorised water sports equipment for which the operator is
        liable to pay charge under regulation 40; or

   (d)  participating in an excursion or excursions for which the operator is
        liable to pay charge under regulation 41, 42 or 46. When charge is
        payable

"37G. Charge under this Subdivision is payable by the holder of a permission
in April, July, October and January for the exercise of the permission in the
preceding quarter.

"Subdivision B-Other charges". 


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