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CLAUSE NOTES
Marine Farming Planning Amendment Bill 2016
Clause 1 Short Title
Clause 2 Commencement
This Act will commence on the day on which it receives Royal Assent.
Clause 3 Principal Act
The Principal Act referred to in this Act is the Marine Farming Planning
Act 1995.
Clause 4 Section 91 amended (Obstruction of execution of plans)
Subsection (3) is inserted and provides that a court, must in relation to
an offence under subsection (1) impose a special penalty of an amount
that is either prescribed by regulations or calculated in accordance with a
method prescribed by the regulations.
Subsection (4) stipulates that a special penalty imposed under subsection
(3) is in addition to a fine (if any) that has been imposed under
subsection (1) or an amount that has been order to be paid under
subsection (2).
Subsection (5) clarifies that the regulations made for the purposes of
subsection (3) may prescribe different amounts or different methods
that apply according to what offence it relates to or the circumstances
that have been specified in the regulations.
Clause 5 Section 121 substituted
This Clause repeals the existing section 121 and replaces it with a new
section 121 (Demerit point by penalty).
Subsection (1) specifies that one demerit point for each penalty unit will
be allocated to a person convicted by a court of an offence under the
Act, regulations or rules made under the Marine Farming Planning Act
1995. Subsection (1) does not apply to a special penalty under section
91(3).
Subsection (2) is inserted to enable the court to determine which
marine farming licence any demerit points are to be allocated to.
Clause 6 Section 122 inserted
This Clause inserts a new section 122 (Demerit point by infringement
notice).
Subsection (1) specifies that if a person accepts an infringement notice
for an offence under section 91 (and that infringement notice is not
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withdrawn), then one demerit point for each penalty unit will be
allocated to the person and a marine farming licence.
Subsection (2) is inserted to enable the Secretary to determine which
marine farming licence any demerit points are to be allocated to.
Subsection (3) clarifies that despite the Monetary Penalties Enforcement
Act 2005, a person to whom section 122 applies in relation to an
infringement notice, for the purposes of section 121 is not taken to have
been convicted by a court of the offence to which the infringement
notice relates.
Clause 7 Repeal of Act
This clause allows for the repeal of this Act on the three hundredth and
sixty fifth day from the day on which it commences.
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