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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AIA Declarations of contravention

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61AIA

Declarations of contravention

  (1)   The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person.

  (2)   If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.

Note:   Once a declaration is made, the Authority can seek a pecuniary penalty order (see section   61AIC).

  (3)   The declaration of contravention must specify the following:

  (a)   that the Federal Court made the declaration;

  (b)   the civil penalty provision that was contravened;

  (c)   if the contravention was an aggravated contravention--the applicable aggravating circumstance under section   38GB;

  (d)   the person who contravened the civil penalty provision;

  (e)   the conduct that constituted the contravention.

  (4)   Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.