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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AAA Making vessel monitoring directions

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 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

  (c)   continuously, 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;

  (c)   a person specified in the regulations for the purposes of this paragraph.