Commonwealth Numbered Acts

ENVIRONMENT, SPORT AND TERRITORIES LEGISLATION AMENDMENT ACT 1995 No. 25 of 1995 - SCHEDULE

                                SCHEDULE                        Section 4

AMENDMENTS OF THE GREAT BARRIER REEF MARINE PARK ACT 1975
1. Subsection 3(1):
Insert:

" 'amendment', in relation to a plan of management, means an amendment of such
a plan that is prepared under section 39ZG;
'ecological community' has the same meaning as in the Endangered Species 
Protection Act 1992 ;
'enforcement provision', in relation to a plan of management or an amendment
of a plan of management, has the meaning given by subsection 39ZD(5) or by
that subsection as it has effect because of subsection 39ZG(2), as the case
may be;
'evidential material' means a thing relevant to an indictable offence or a
thing relevant to a summary offence, including such a thing in electronic
form;
'frisk search' means:

   (a)  a search of a person conducted by quickly running the hands over the
        person's outer clothing; and

   (b)  an examination of anything worn or carried by the person that is
        conveniently and voluntarily removed by the person;
'oil' has the same meaning as in Part II of the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983;
'oil tanker' means a vessel fitted with cargo spaces that are constructed and
used to carry oil in bulk of a total capacity of at least 200 cubic metres;
'ordinary search' means a search of a person or of articles in a person's
possession that may include:

   (a)  requiring the person to remove his or her overcoat, coat or jacket and
        any gloves, shoes and hat; and

   (b)  an examination of those items;
'plan of management' means a plan of management for the Marine Park that is
prepared under section 39ZD;
'seizable item' means anything that would present a danger to a person or
could be used to help a person to escape from lawful custody;
'species' has the same meaning as in the Endangered Species Protection  Act
1992 ;".
2. Subsection 3(1) (definition of "Chairman"):
Omit, substitute:

" 'Chairperson' means the Chairperson of the Authority;".
3. Subsections 3(7) and (8):
Omit, substitute:

"(7) Subject to subsection (8), the overall length of a vessel is 110% of the
length as shown on the vessel's load-line certification.

"(8) If the overall length of a vessel cannot be worked out under subsection
(7), the length is taken to be the distance between:

   (a)  a vertical line passing through a point that is the foremost part of
        the stern; and

   (b)  a vertical line passing through a point that is the aftermost part of
        the stern.".
4. After paragraph 7(1)(c):
Insert:

"(caa) to make plans of management for the Marine Park in accordance with Part
VB;".
5. Subsection 10(1):
Omit, substitute:

"(1) The Authority consists of the following members:

   (a)  a Chairperson;

   (b)  a member appointed to represent the interests of the Aboriginal
        communities adjacent to the Marine Park;

   (c)  2 other members.".
6. Subsection 38(4):
Omit, substitute:

"(4) A person must not intentionally or negligently:

   (a)  contravene subsection (2); or

   (b)  having obtained the Authority's approval under subsection (3) for the
        carrying on of operations for the recovery of minerals, carry on any
        such operations except in accordance with the approval. Penalty: 500
        penalty units. Note: If a body corporate is convicted of an offence,
        subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
        fine of an amount that is not greater than 5 times the maximum fine
        that could be imposed by a court on an individual convicted of the
        same offence.".
7. Subsection 38(7):
Omit "not exceeding $10,000", substitute "of not more than 100 penalty units".
8. Section 38A:
Repeal, substitute: Zones to be used only for permitted purposes

"38A. A person must not intentionally or negligently use or enter a zone for a
purpose other than a purpose that is permitted under the zoning plan that
relates to the zone. Penalty: 200 penalty units. Note: If a body corporate is
convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a
court to impose a fine of an amount that is not greater than 5 times the
maximum fine that could be imposed by a court on an individual convicted of
the same offence.".
9. Subsection 38B(1):
Omit "a person shall not", substitute "a person must not intentionally or
negligently".
10. Paragraph 38B(1)(c):
After "granted" insert "or transferred".
11. Subsection 38B(1):
Omit the penalty, substitute:

"Penalty: 200 penalty units. Note: If a body corporate is convicted of an
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of an amount that is not greater than 5 times the maximum fine that could
be imposed by a court on an individual convicted of the same offence.".
12. Section 38C:
Repeal, substitute: Contravening conditions of permission or authority-zoned
area

"38C. If a permission or authority referred to in section 38B is subject to a
condition, a person to whom the condition applies must not intentionally or
negligently contravene the condition. Penalty: 200 penalty units. Note: If a
body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act
1914 allows a court to impose a fine of an amount that is not greater than 5
times the maximum fine that could be imposed by a court on an individual
convicted of the same offence.".
13. Section 38D:
Omit "a person shall not", substitute "a person must not intentionally or
negligently".
14. Section 38D:
Omit the penalty, substitute:

"Penalty: 200 penalty units. Note: If a body corporate is convicted of an
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of an amount that is not greater than 5 times the maximum fine that could
be imposed by a court on an individual convicted of the same offence.".
15. Section 38E:
Omit "A person shall not", substitute "A person must not intentionally or
negligently".
16. Section 38E:
Omit the penalty, substitute:

"Penalty: 200 penalty units. Note: If a body corporate is convicted of an
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of an amount that is not greater than 5 times the maximum fine that could
be imposed by a court on an individual convicted of the same offence.".
17. Subsection 38F(1):
Omit "A person shall not", substitute "A person must not intentionally".
18. Subsection 38F(1):
Omit the penalty, substitute:

"Penalty: 200 penalty units. Note: If a body corporate is convicted of an
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of an amount that is not greater than 5 times the maximum fine that could
be imposed by a court on an individual convicted of the same offence.".
19. Section 38G:
Repeal, substitute: Contravening condition of permission or authority-unzoned
area

"38G. If a permission or authority referred to in section 38F is subject to a
condition, a person to whom the condition applies must not intentionally or
negligently contravene the condition. Penalty: 200 penalty units. Note: If a
body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act
1914 allows a court to impose a fine of an amount that is not greater than 5
times the maximum fine that could be imposed by a court on an individual
convicted of the same offence.".
20. Section 38H:
Omit "A person shall not", substitute "A person must not intentionally or
negligently".
21. Section 38H:
Omit the penalty, substitute:

"Penalty: 200 penalty units. Note: If a body corporate is convicted of an
offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a
fine of an amount that is not greater than 5 times the maximum fine that could
be imposed by a court on an individual convicted of the same offence.".
22. Subsections 38J(1) and (2):
Omit, substitute:

"(1) A person must not intentionally or negligently discharge waste in the
Marine Park unless:

   (a)  the discharge is for the purpose of scientific research or is sewage;
        and

   (b)  the discharge is authorised by a permission that:

        (i)    is granted or transferred to the person under the regulations;
               and

        (ii)   is of a kind declared by the regulations to be a permission to
               which this section applies. Penalty: 200 penalty units. Note:
               If a body corporate is convicted of an offence, subsection
               4B(3) of the Crimes Act 1914 allows a court to impose a fine of
               an amount that is not greater than 5 times the maximum fine
               that could be imposed by a court on an individual convicted of
               the same offence.

"(2) If a permission referred to in subsection (1) is subject to a condition,
a person to whom the condition applies must not intentionally or negligently
contravene the condition. Penalty: 200 penalty units. Note: If a body
corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914
allows a court to impose a fine of an amount that is not greater than 5 times
the maximum fine that could be imposed by a court on an individual convicted
of the same offence.".

23. Subsections 38J(4), (5) and (6):
Omit, substitute:

"(4) This section does not apply to the discharge from a vessel or aircraft
of:

   (a)  sewage, if:

        (i)    the vessel or aircraft, as the case may be, does not contain a
               storage tank of a kind designed for storage of sewage; or

        (ii)   the vessel or aircraft, as the case may be, contains a storage
               tank of a kind designed for the storage of sewage and the
               vessel or aircraft is more than 500 metres seawards from the
               seaward edge of the nearest reef; or

   (b)  fresh fish, or parts of fresh fish, if the fish were caught within the
        Marine Park.

"(5) This section does not apply to the discharge of waste from a vessel,
aircraft or platform if:

   (a)  the discharge was for the purpose of securing the safety of the
        vessel, aircraft or platform, as the case may be, or for the purpose
        of saving life at sea; or

   (b)  the discharge:

        (i)    was for the purpose of combating specific incidents of
               pollution in order to minimise the damage from pollution; and

        (ii)   was approved by a prescribed officer; or

   (c)  in respect of waste that escaped from the vessel, aircraft or platform
        as a result of damage (other than intentional damage) to the vessel,
        aircraft or platform, as the case may be, or to its equipment-all
        reasonable precautions were taken after the occurrence of the damage
        or the discovery of the discharge for the purpose of preventing or
        minimising the escape of waste; or

   (d)  in respect of waste consisting of fishing net, or material used in the
        repair of a fishing net, that was accidentally lost at sea-all
        reasonable precautions were taken to prevent the loss.

"(6) For the purposes of paragraph (5)(c), damage to a vessel, aircraft or
platform, or to its equipment, is taken to be intentional damage if, and only
if, the damage arose in circumstances in which the person in charge, or the
owner or a co-owner, of the vessel, aircraft or platform:

   (a)  acted with intent to cause damage; or

   (b)  acted recklessly and with knowledge that damage would probably result.

"(7) In this section:
'aircraft' does not include an aircraft belonging to an arm of the Defence
Force or of the defence force of a foreign country;
'discharge' means release, however the release is caused, and includes any
escape, disposal, depositing, spilling, leaking, pumping, emitting or
emptying;
'prescribed officer' has the same meaning as in subsection 3(2) of the
Protection of the Sea (Prevention of Pollution of Ships) Act 1983 but includes
a person declared by the regulations to be a prescribed officer for the
purposes of this section;
'reef' includes bommie fields, reef slopes, moats and ramparts;
'vessel' does not include a vessel belonging to an arm of the Defence Force or
of the defence force of a foreign country;
'waste' means:

   (a)  oil within the meaning of Part II of the Protection of the Sea
        (Prevention of Pollution from Ships) Act 1983; and

   (b)  oil mixtures if the oil content of the discharge is greater than 15
        parts in 1,000,000 parts; and

   (c)  noxious liquid substances within the meaning of Part III of that Act;
        and

   (d)  packaged harmful substances within the meaning of Part IIIA of that
        Act; and

   (e)  sewage within the meaning of Part IIIB of that Act; and

   (f)  garbage within the meaning of Part IIIC of that Act; and

   (g)  any other matter that is declared by the regulations to be waste for
        the purposes of this section.".
24. Paragraph 38K(1)(a):
Omit "38J", substitute "38H".
25. Paragraph 38K(1)(b):
Omit "the person in charge of the vessel or aircraft", substitute "a
responsible person in relation to the vessel or aircraft".
26. Subsection 38K(1):
Add at the end "punishable on conviction by a fine of not more than 200
penalty units".
27. Subsections 38K(2) to (5):
Omit, substitute:

"(2) In subsection (1):
'responsible person', in relation to a vessel or aircraft, means:

   (a)  a person who, at the time the offence was committed, was the master of
        the vessel or was in charge of the aircraft; or

   (b)  a person who, at the time the offence was committed, was the owner, a
        co-owner, or an owner of any part of or share in, the vessel or
        aircraft; or

   (c)  a person (the `operator') who, at the time the offence was committed,
        was a party to an agreement with a person referred to in paragraph (a)
        or (b) under which the operator, or the operator and the other party
        to the agreement, may determine the activities for which the vessel or
        aircraft is used. Note: If a body corporate is convicted of an
        offence, subsection 4B(3) of the Crimes Act 1914 allows a court to
        impose a fine of an amount that is not greater than 5 times the
        maximum fine that could be imposed by a court on an individual
        convicted of the same offence.".
28. After section 38K:
Insert: Offences involving the discharge of waste from a vessel, aircraft or
platform

"38L.(1) If:

   (a)  by use of a vessel, aircraft or platform, an offence is committed
        against section 38J; and

   (b)  a responsible person in relation to the vessel, aircraft or platform:

        (i)    knew, or had reasonable grounds to suspect, that the vessel,
               aircraft or platform would be used in committing the offence;
               and

        (ii)   did not take reasonable steps to prevent the use of the vessel,
               aircraft or platform in committing the offence; the responsible
               person is guilty of an indictable offence punishable on
               conviction by a fine of not more than 2,000 penalty units.

"(2) Even though an offence against subsection (1) is an indictable offence, a
court of summary jurisdiction may hear and determine proceedings in respect of
the offence if:

   (a)  the court is satisfied that it is proper to do so; and

   (b)  the defendant and the prosecutor consent.

"(3) If, under subsection (2), a court of summary jurisdiction convicts a
person of an offence against subsection (1), the maximum fine that the court
may impose is one-tenth of the maximum fine that could have been imposed had
the offence been tried on indictment. Note: If a body corporate is convicted
of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to
impose a fine of an amount that is not greater than 5 times the maximum fine
that could be imposed by a court on an individual convicted of the same
offence.

"(4) In this section:
'responsible person', in relation to a vessel, aircraft or platform, means:

   (a)  a person who, at the time the offence was committed, was the master of
        the vessel or was in charge of the aircraft or platform; or

   (b)  a person who, at the time the offence was committed, was the owner, a
        co-owner, or an owner of any part of or share in, the vessel, aircraft
        or platform; or

   (c)  a person (the `operator') who, at the time the offence was committed,
        was a party to an agreement with a person referred to in paragraph (a)
        or (b) under which the operator, or the operator and the other party
        to the agreement, may determine the activities for which the vessel,
        aircraft or platform is used.".
29. Section 38M:
Repeal.
30. Subsections 38N(1), (2) and (7):
Omit "38K", substitute "38L".
31. After Part VA:
Insert:

"PART VB-PLANS OF MANAGEMENT Interpretation

"39V.(1) A reference in this Part to a community group having a special
interest in an area of the Marine Park includes a reference to the people in
the group who have some form of native title to the area or its resources or
have some other special identification with the area or its resources.

"(2) A reference in this Part to public notice is a reference to notice
published:

   (a)  in the Gazette; and

   (b)  in a newspaper circulating generally in Queensland; and

   (c)  in such other manner (if any) as the Authority considers appropriate.
        Preparation of plans of management

"39W.(1) The Authority may, in writing, prepare plans of management for the
Marine Park in accordance with this Part.

"(2) This Part does not prevent the Authority from preparing and implementing
a plan of management for an area of the Marine Park under a provision of this
Act other than this Part or under a provision of a zoning plan and this Part
does not apply in relation to such a plan of management. Types of plans of
management

"39X. The Authority may prepare plans of management for the following:

   (a)  one or more areas of the Marine Park;

   (b)  one or more species within the Marine Park or within an area or areas
        of the Marine Park;

   (c)  one or more ecological communities within the Marine Park or within an
        area or areas of the Marine Park. Objects of plans of management

"39Y. The objects of plans of management are as follows:

   (a)  to ensure, for particular areas of the Marine Park in which the
        Authority considers that nature conservation values, cultural and
        heritage values, or scientific values, are, or may be, threatened,
        that appropriate proposals are developed to reduce or eliminate the
        threats;

   (b)  to ensure that species and ecological communities that are, or may
        become, vulnerable or endangered are managed to enable their recovery
        and continued protection and conservation;

   (c)  to ensure that activities within areas of the Marine Park are managed
        on the basis of ecologically sustainable use;

   (d)  to provide a basis for managing the uses of a particular area of the
        Marine Park that may conflict with other uses of the area or with the
        values of the area;

   (e)  to provide for the management of areas of the Marine Park in
        conjunction with community groups in circumstances where those groups
        have a special interest in the areas concerned;

   (f)  to enable people using the Marine Park to participate in a range of
        recreational activities. The Authority to be informed by the
        precautionary principle in preparing management plans and protecting
        world heritage values

"39Z.(1) The Authority in preparing management plans must have regard to:

   (a)  the protection of world heritage values of the Marine Park; and

   (b)  the precautionary principle.

"(2) In subsection (1):
'the precautionary principle' has the same meaning as in section 3.5.1 of the
Intergovernmental Agreement on the Environment, a copy of which is set out in
the Schedule to the National Environment Protection Council Act  1994 .
Arrangements with community groups that have special interests in areas of the
Marine Park

"39ZA.(1) The Authority may enter into an agreement or arrangement for the
purposes of this Part with a group of people who are representative of a
community group that has a special interest in an area of the Marine Park.

"(2) The agreement or arrangement may relate to the development and/or the
implementation of a plan of management for, or for a species or ecological
community within, the area concerned and may, if the Authority considers it
appropriate, provide that, if such a plan of management is prepared, the
community group is to manage the area, or the species or ecological community
within the area, jointly with the Authority in accordance with the plan.
Notice of proposal to prepare plan of management

"39ZB.(1) Before preparing a plan of management, the Authority must, by public
notice:

   (a)  state that it proposes to prepare the plan; and

   (b)  set out the area, species or ecological community to which the plan is
        to relate; and

   (c)  invite interested persons to make written submissions in relation to
        matters to be included in the plan by a date (not earlier than one
        month after the date of publication of the notice in the Gazette)
        stated in the notice; and

   (d)  state an address to which submissions may be sent.

"(2) A person may, not later than the date stated in the notice, make written
submissions to the Authority in connection with the proposed plan of
management.

"(3) The Authority must take into account any submissions made to it in
accordance with subsection (2).

"(4) After the publication of the notice, the Authority may decide that the
proposed plan of management is to cover an area, species or ecological
community not mentioned in the notice but, if it does so, it is not required
to give a further public notice in relation to the proposed plan. Moratorium
on grant of new permits while plan of management is being prepared

"39ZC.(1) The Authority may, in a public notice given under subsection 39ZB(1)
in relation to a proposed plan of management, or in a separate public notice,
direct that no relevant permissions (within the meaning of the regulations) of
a kind referred to in the notice containing the direction are to be granted
under the regulations in relation to the area, species or ecological community
to which the proposed plan is to relate during the period beginning on the
date of publication in the Gazette of the notice containing the direction and
ending:

   (a)  at the end of 12 months after that date; or

   (b)  on the day on which the plan of management comes into force; whichever
        first occurs.

"(2) A direction given under subsection (1) has effect according to its terms.

Preparation of plan of management

"39ZD.(1) After taking into account all submissions made to it in accordance
with section 39ZB, the Authority may prepare the plan of management.

"(2) The plan of management must not be inconsistent with any provision of
this Act or any provision of a zoning plan in force for the area, species or
ecological community to which the plan of management relates.

"(3) Without limiting the generality of subsection (2), a reference in that
subsection to a plan of management being inconsistent with a provision of a
zoning plan includes a reference to a plan of management permitting the doing
of anything that is prohibited by the provision.

"(4) A plan of management is taken not to be inconsistent with a zoning plan
merely because it prohibits the doing of something that is not prohibited by
the zoning plan.

"(5) If the plan of management contains provisions (the 'enforcement
provisions') prohibiting or regulating the doing of something, or requiring
the doing of something, those provisions are to be included in a separate part
of the plan.

"(6) The enforcement provisions may prohibit the doing of an act even though
the doing of the act would, apart from the enforcement provisions, be
permitted or authorised by or under this Act.

"(7) The enforcement provisions may exclude from their operation acts or
omissions of a kind that were lawfully engaged in before the enforcement
provisions come into force. Notice of preparation of plan of management

"39ZE.(1) When the Authority has prepared a plan of management, the Authority
must cause public notice to be given:

   (a)  stating the plan has been prepared; and

   (b)  setting out the area, species or ecological community to which the
        plan relates; and

   (c)  inviting interested persons to make written submissions to the
        Authority in connection with the plan by a date (not earlier than one
        month after the date of publication of the notice in the Gazette)
        stated in the notice; and

   (d)  stating:

        (i)    an address from which copies of the plan may be obtained; and

        (ii)   an address to which submissions may be sent.

"(2) A person may, not later than the date stated in the notice, make written
submissions to the Authority in connection with the plan of management.

"(3) The Authority must take into account any submissions so made and:

   (a)  if it thinks fit, alter the plan of management accordingly; or

   (b)  otherwise, confirm the plan of management.

"(4) The Authority must cause public notice to be given:

   (a)  if it has altered the plan of management as mentioned in paragraph
        (3)(a):

        (i)    stating that the plan of management has been altered; and

        (ii)   stating an address at which copies of the plan of management as
               altered may be inspected or from which copies of the plan of
               management as altered may be obtained; or

   (b)  otherwise, stating that the plan of management has been confirmed.
        When plan of management comes into force

"39ZF.(1) A plan of management (other than the enforcement provisions of the
plan) comes into force on the day on which the notice referred to in
subsection 39ZE(4) is published in the Gazette.

"(2) The enforcement provisions of a plan of management come into force on the
day as from which regulations made under paragraph 66(2)(ba) declare that
those provisions take effect. Amendment of plan of management

"39ZG.(1) The Authority may, in writing, prepare an amendment of a plan of
management for the Marine Park in accordance with this section.

"(2) Sections 39ZD to 39ZF apply in relation to the preparation of an
amendment of a plan of management in the same way as they apply in relation to
the preparation of a plan of management.

"(3) For the purposes of those sections as so applying:

   (a)  section 39ZD has effect as if the words 'After taking into account all
        submissions made to it in accordance with section 39ZB', were omitted;
        and

   (b)  references in those sections to a plan of management are taken to be
        references to an amendment of a plan of management. Revocation of plan
        of management

"39ZH.(1) The Authority may, by writing, revoke a plan of management.

"(2) The Authority may cause public notice to be given stating that the plan
of management is revoked.

"(3) The revocation takes effect when the public notice is published in the
Gazette.

"(4) If the regulations providing for giving effect to the enforcement
provisions of a plan of management are repealed or otherwise cease to have
effect, the plan of management is, by this subsection, revoked.

"(5) A reference in this section to a plan of management is, if the plan of
management has been amended, a reference to the plan of management as amended.
Transitional

"39ZI.(1) If a plan relating to the management of the Marine Park was in the
course of preparation immediately before the commencement of this Part:

   (a)  the plan is taken to be a plan of management being prepared under
        subsection 39W(1); and

   (b)  sections 39ZB and 39ZC do not apply in relation to the plan but
        subsections 39ZD(2) to (7) and sections 39ZE, 39ZF and 39ZG apply in
        relation to the plan when it has been prepared.

"(2) If a plan relating to the management of the Marine Park was prepared
before the commencement of this Part:

   (a)  the plan is taken to be a plan of management duly prepared under
        subsection 39W(1); and

   (b)  subsections 39ZD(2) to (7) and sections 39ZE, 39ZF and 39ZG apply in
        relation to the plan.

"(3) Subsections (1) and (2) do not apply to a plan relating to the management
of an area of the Marine Park if, had this Part been in force when the
Authority began to prepare the plan, this Part would not have applied to the
preparation of the plan because of subsection 39W(2).

"(4) The Authority may, in a public notice given under subsection 39ZE(1) in
relation to a plan of management to which that subsection applies because of
subsection (1) or (2) of this section or in a separate public notice, direct
that no relevant permissions (within the meaning of the regulations) of a kind
referred to in the notice containing the direction are to be granted under the
regulations in relation to the area, species or ecological community to which
the plan relates during the period beginning on the date of publication in the
Gazette of the notice containing the direction and ending:

   (a)  at the end of 12 months after that date; or

   (b)  on the day on which the plan of management comes into force; whichever
        first occurs.

"(5) A direction given under subsection (4) has effect according to its
terms.".
32. Paragraph 43(a):
Omit, substitute:

"(a) appoint any person to be an inspector; and".
33. Subsection 45(2):
Omit, substitute:

"(2) A person who ceases to be an inspector must not fail, without reasonable
excuse, to return his or her identity card to the Authority as soon as
practicable after ceasing to be an inspector. Penalty: 1 penalty unit.".
34. After section 45:
Insert: Power of inspector to give directions

"45A.(1) For the purpose of ensuring that this Act is complied with, an
inspector may, subject to this section, give reasonable directions to any
person who is within the Marine Park.

"(2) A direction may be given orally, in writing, by radio or by any other
appropriate means of communication.

"(3) The inspector by whom a direction is given must identify himself or
herself when giving the direction and must produce his or her identity card at
the first practicable opportunity to the person to whom the direction is
given.

"(4) A person must not, without reasonable excuse, refuse or fail to comply
with a direction given to the person. Penalty for a contravention of this
subsection: 10 penalty units.".
35. Subsection 46(1):
Omit, substitute:

"(1) An inspector may, without warrant, arrest a person for an offence against
this Act if the inspector believes on reasonable grounds that:

   (a)  the person has committed or is committing the offence; and

   (b)  proceedings by summons against the person would not achieve one or
        more of the following purposes:

        (i)    ensuring the appearance of the person before a court in respect
               of the offence;

        (ii)   preventing a repetition of a continuation of the offence or the
               commission of another offence against this Act;

        (iii)  preventing the concealment, loss or destruction of evidence
               relating to the offence;

        (iv)   preventing harassment of, or interference with, a person who
               may be required to give evidence in proceedings in respect of
               the offence;

        (v)    preventing the fabrication of evidence in respect of the
               offence;

        (vi)   preserving the safety or welfare of the person.

"(1A) If:

   (a)  a person has been arrested under subsection (1) for an offence against
        this Act; and

   (b)  before the person is charged with the offence, the inspector ceases to
        believe on reasonable grounds:

        (i)    that the person committed the offence; or

        (ii)   that holding the person in custody is necessary to achieve a
               purpose referred to in paragraph (1)(b); the person must be
               released.".
36. Subsection 46(3):
After "subsection (1)", insert "and has not been released under subsection
(1A)".
37. Section 46A:
Repeal, substitute: Power to conduct a frisk search of an arrested person

"46A. An inspector who arrests a person for an offence against this Act, or is
present at such an arrest, may, if the inspector suspects on reasonable
grounds that it is prudent to do so in order to find out whether the person is
carrying any seizable items:

   (a)  conduct a frisk search of the person at or soon after the time of
        arrest; and

   (b)  seize any seizable items found as a result of the search. Power to
        conduct an ordinary search

"46B. An inspector who arrests a person for an offence against this Act, or is
present at such an arrest, may, if the inspector suspects on reasonable
grounds that the person is carrying:

   (a)  evidential material in relation to that or another offence against
        this Act; or

   (b)  a seizable item; conduct an ordinary search of the person at or soon
        after the time of arrest, and seize any such material or item found as
        a result of the search. Conduct of ordinary searches and frisk
        searches

"46C.(1) An ordinary search or a frisk search of a person under this Part
shall be conducted by:

   (a)  an inspector of the same sex as the person; or

   (b)  in a case where an inspector of the same sex as the person is not
        available to conduct this search-any other person who is of the same
        sex and is requested by an inspector to conduct the search.

"(2) An inspector who conducts an ordinary search or a frisk search under this
section must not use more force, or subject a person to greater indignity,
than is reasonable or necessary in order to conduct the search. Retention of
things that are seized

"46D. Subject to any contrary order of a court, if an inspector seizes a thing
under section 46A or 46B, the inspector must return it if the reason for its
seizure no longer exists or it is decided that it is not to be used in
evidence, unless the thing is forfeited or forfeitable to the Commonwealth or
is the subject of a dispute as to ownership.".
38. After section 47:
Insert:

Release subject to a condition

"47A. If a vessel, aircraft or article that has been seized under this Act is
released to a person subject to a condition, the person must not, without
reasonable excuse, fail to comply with the condition. Penalty: Imprisonment
for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to
impose an appropriate fine instead of, or in addition to, a term of
imprisonment. If a body corporate is convicted of an offence, subsection 4B(3)
of that Act allows a court to impose a fine of an amount that is not greater
than 5 times the maximum fine that could be imposed by a court on an
individual convicted of the same offence.". Notice requiring vessel, aircraft
or article etc. to be delivered to inspector or other person

"47B.(1) An inspector may:

   (a)  by written notice to the master of a vessel, or the person in charge
        of an aircraft, that the inspector is authorised to seize under this
        Act, require the person to deliver the vessel or aircraft to the
        inspector, or to another person referred to in the notice, at a place,
        and within a period, stated in the notice; and

   (b)  by written notice to a person found by the inspector to be in
        possession of any article, animal or plant that the inspector is
        authorised to seize under this Act, require the person to deliver the
        article, animal or plant to the inspector, or to another person
        referred to in the notice, at a place, and within a period, stated in
        the notice.

"(2) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made of the person under subsection (1). Penalty:
Imprisonment for 12 months. Note: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose an appropriate fine instead of, or in addition to, a
term of imprisonment. If a body corporate is convicted of an offence,
subsection 4B(3) of that Act allows a court to impose a fine of an amount that
is not greater than 5 times the maximum fine that could be imposed by a court
on an individual convicted of the same offence.

"(3) When a vessel, aircraft, article, animal or plant is delivered to an
inspector or another person under a requirement made under subsection (1),
section 47 applies in relation to the vessel, aircraft, article, animal or
plant as if it had been seized under that section.".
39. Paragraph 48(2)(b):
Omit, substitute:

"(b) require any person in the Marine Park whom the inspector finds
committing, or reasonably suspects of having committed, an offence against
this Act to leave the Marine Park or the zone or location within the Marine
Park where the person is found; and".
40. Subsection 48(5):
Omit, substitute:

"(5) A person must not, without reasonable excuse, intentionally or
negligently fail to comply with a requirement made of the person by an
inspector under subsection (2). Penalty: 10 penalty units. Note: If a body
corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914
allows a court to impose a fine of an amount that is not greater than 5 times
the maximum fine that could be imposed by a court on an individual convicted
of the same offence.".
41. After section 48:
Insert: Power of inspector to copy, or take extracts from, documents

"48AA. If, in the course of searching a vessel or aircraft under section 48,
an inspector, or a person helping an inspector, finds a document that the
inspector or person reasonably believes:

   (a)  may have been used, or have otherwise been involved, in the commission
        of an offence against this Act; or

   (b)  may provide evidence of the commission of an offence against this Act;
        then, whether or not the inspector seizes the document, the inspector,
        or a person helping the inspector, may make a copy of, or take an
        extract from, the document. Power of inspector to seize weapons

"48AB. If:

   (a)  an inspector stops or detains a vessel or aircraft under section 48;
        and

   (b)  the inspector, or a person helping the inspector, finds on, or in the
        possession of a person who is on, the vessel or aircraft a weapon or
        other thing capable of being used to inflict death or bodily injury;
        and

   (c)  the inspector believes on reasonable grounds that the weapon or other
        thing may be used to cause the death of, or bodily injury to, the
        inspector, a person helping the inspector, or anyone else who is near
        the inspector or such a person; the inspector may seize the weapon or
        other thing and retain it:

   (d)  until the end of 60 days after the seizure; or

   (e)  if a prosecution is brought within that period for an offence against
        this Act:

        (i)    in the commission of which the weapon or other thing may have
               been used or otherwise been involved; or

        (ii)   of which the weapon or other thing may provide evidence; until
               the prosecution is terminated.".
42. Subsection 48A(2):
Omit, substitute:

"(2) An inspector may exercise, with respect to a person, an aircraft or a
vessel, at a place that is outside the Marine Park, a power conferred on the
inspector under subsection 46(1) or 48(1) or (2) if:

   (a)  the inspector is a member of a police force; or

   (b)  the inspector believes on reasonable grounds that it is not reasonably
        practicable for an inspector who is a member of a police force to
        exercise the power.".
43. Section 49: Repeal.
44. Section 59B:

   (a)  After "offence" insert "punishable on conviction by a fine of not more
        than 500 penalty units.".

   (b)  Omit "Penalty: $50,000.".

   (c)  Add at the end:

"Note: If a body corporate is convicted of an offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a fine of an amount that is not
greater than 5 times the maximum fine that could be imposed by a court on an
individual convicted of the same offence.".
45. Section 59C:

   (a)  After "offence" insert "punishable on conviction by a fine of not more
        than 500 penalty units.".

   (b)  Omit "Penalty: $50,000.".

   (c)  Add at the end:

"Note: If a body corporate is convicted of an offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a fine of an amount that is not
greater than 5 times the maximum fine that could be imposed by a court on an
individual convicted of the same offence.".
46. Section 59D:

   (a)  After "offence" insert "punishable on conviction by a fine of not more
        than 500 penalty units.".

   (b)  Omit "Penalty: $50,000.".

   (c)  Add at the end:

"Note: If a body corporate is convicted of an offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a fine of an amount that is not
greater than 5 times the maximum fine that could be imposed by a court on an
individual convicted of the same offence.".
47. Section 59F:
Add at the end:

"(6) The Minister may, by writing, delegate to a person referred to in
subsection (7) the Minister's power under this section to grant an exemption.

"(7) The people to whom a delegation may be given under subsection (6) are any
of the following:

   (a)  the Authority;

   (b)  the Chairperson;

   (c)  the Executive Officer of the Authority;

   (d)  if an arrangement is in force under subsection 42(2) between the
        Authority and another authority of the Commonwealth:

        (i)    the other authority; or

        (ii)   if the other authority is constituted by, or is administered by
               a body consisting of, 2 or more persons-the Chairperson of the
               other authority or of the body, as the case may be; or

        (iii)  the chief executive officer of the other authority.".
48. Paragraph 59I(3)(a):
Omit "not exceeding $10,000", substitute "of not more than 100 penalty units".
49. Paragraph 59I(3)(b):
Omit "not exceeding $50,000", substitute "of not more than 500 penalty units".
50. Subsection 59L(7):
Omit "not exceeding $1,000", substitute "of not more than 10 penalty units".
51. Paragraph 61B(7)(b):
After "38K", insert "or 38L".
52. After paragraph 66(2)(b):
Insert:

"(ba) providing for giving effect to the enforcement provisions of a plan of
management or to the enforcement provisions of an amendment of a plan of
management;".
53. Paragraph 66(2)(n):
Omit, substitute:

"(n) enabling a person who is alleged to have contravened a provision of the
regulations to pay to the Authority, as an alternative to prosecution, a
stated penalty that is not more than one-fifth of the maximum penalty by which
a contravention of that provision is otherwise punishable;".
54. Subsection 66(11):

   (a)  Omit "$5,000", substitute "50 penalty units.".

   (b)  Add at the end of the subsection:

"Note: If a body corporate is convicted of an offence, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose a fine of an amount that is not
greater than 5 times the maximum fine that could be imposed by a court on an
individual convicted of the same offence.".
55. Saving and transitional provisions

(1) A person who was the Chairman of the Great Barrier Reef Marine Park
Authority immediately before the commencement of this item continues to hold
office after that commencement as the Chairperson of the Authority for the
remainder of the term for which he or she was appointed.

(2) A person who was a member (other than the Chairman) of the Great Barrier
Reef Marine Park Authority immediately before the commencement of this item
continues to hold office after that commencement as such a member for the
remainder of the term for which he or she was appointed.
OTHER AMENDMENTS OF THE GREAT BARRIER REEF 
MARINE PARK ACT 1975 
1. The following provisions are amended by omitting "Chairman" (wherever
occurring) and substituting "Chairperson":
Subsection 11(2), sections 13 and 15, paragraphs 16(2)(a) and (b), subsections
16A(3) and (4), section 17, subsections 22(9) and 24(4), section 25 and
subsections 26(1) and (2), 27(2), 28(2), (4), (6) and (7), 40(2) and (3) and
61A(3) and (4).
2. The following provisions are amended by omitting "he" (wherever occurring)
and substituting "he or she":
Subsections 11(2), 12(1), 15(5), 15(6), 17(1), 17(4), 21(3), 24(1), 25(2),
27(2A), 27(3), 28(6), 32(13), 32(14), 36(2), 46(2), 47(2), 47(6), 48(2), 48(3)
and 48(4).
3. The following provisions are amended by omitting "his" (wherever occurring)
and substituting "his or her":
Subsection 10(8), section 14, paragraphs 15(1)(b) and 15(3)(b), subsection
15(7), paragraphs 16(2)(a) and (d), subsections 23(2), 25(2), 26(1), 26(3) and
27(3) and paragraphs 32(11)(b), 46(2)(a) and (b), 48(3)(b) and 48(4)(b).
4. The following provisions are amended by omitting "him" (wherever occurring)
and substituting "him or her":
Section 14, subsections 15(5), 24(4), 25(2), 26(1), 26(3), 36(2) and 46(3).

AMENDMENTS OF OTHER ACTS
Australian Heritage Commission Act 1975
1. After paragraph 10(1)(a):
Insert:

"(aa) despite section 37, obtain goods or services on credit from any person
by the use of a credit card; and". Australian Sports Commission Act 1989
2. Section 3:
Insert:

" 'appointed member' means a member other than the Secretary to the
Department;".
3. Paragraphs 8(1)(a), (b), (c), (d), (e), (f), (g), (h), (j), (k) and (m):
At the end of each paragraph, add "and".
4. After paragraph 8(1)(m):
Insert:

"(ma) despite subsection 46(2), obtain goods or services on credit from any
person by the use of a credit card; and".
5. Paragraph 13(1)(a):
At the end of the paragraph, add "and".
6. After paragraph 13(1)(b):
Insert:

"(ba) the Secretary to the Department; and".
7. Subsection 13(2):
After "member" insert "referred to in paragraph (1)(a), (b) or (c)".
8. Paragraph 13(7)(a):
After "Deputy Chairperson" insert "or the office of Secretary to the
Department".
9. Subsection 15(3):
Omit "A member", substitute "An appointed member".
10. Subsection 17(1):

   (a)  After "other" insert "appointed".

   (b)  Omit "a member", substitute "an appointed member".
11. Subsection 17(2):
Omit "A member", substitute "An appointed member".
12. Subsection 19(1):
Omit "a member", substitute "an appointed member".
13. Subsection 19(2):
Omit "If a member", substitute "If an appointed member".
14. Subsection 20(3):
Omit "other than the Chairperson or Deputy Chairperson", substitute "referred
to in paragraph 13(1)(c)".
15. Paragraph 21(7)(a):
Omit "4", substitute "5".
16. Part IX:
Repeal.
Australian Sports Drug Agency Act 1990
17. After paragraph 10(1)(b):
Insert:

"(ba) despite subsection 61(2), obtain goods or services on credit from any
person by the use of a credit card; and".
National Parks and Wildlife Conservation Act 1975
18. Paragraphs 17(1)(a), (b), (c) and (d):
At the end of each paragraph, add "and".
19. After paragraph 17(1)(d):
Insert:

"(da) despite section 49, obtain goods or services on credit from any person
by the use of a credit card; and".
20. Section 46:
Repeal, substitute:
Payments to Fund

"46.(1) The following amounts are to be paid into the Fund:

   (a)  any money appropriated by the Parliament for the purposes of this Act;

   (b)  the proceeds of the sale of any property acquired out of money
        standing to the credit of the Fund;

   (c)  any amounts paid to the Director in respect of leases, licences,
        permits and other authorities granted by the Director;

   (d)  any other amount paid by a person to the Director if payment of the
        amount into the Fund would be consistent with the purposes for which
        the amount was paid by the Director and the Minister for Finance
        considers it appropriate that the amount should be paid into the Fund;

   (e)  any charges paid under subsection 17(1A);

   (f)  any other money received by the Director in the performance of his or
        her functions.

"(2) There is to be transferred to the Fund from the Consolidated Revenue Fund
amounts equal to the following amounts:

   (a)  the proceeds of a sale made under section 42;

   (b)  any amount paid as a fine or other penalty imposed under this Act;

   (c)  any fees collected under section 79 of the Wildlife Protection
        (Regulation of Exports and Imports) Act 1982.

"(3) The Consolidated Revenue Fund is appropriated for the purposes of
transferring amounts to the Fund under subsection (2).".
Norfolk Island Act 1979
21. Subsection 4(1) (definitions of "Deputy President" and "President"):
Omit.
22. Subsection 4(1):
Insert:

" 'Deputy Speaker' means the Deputy Speaker of the Legislative Assembly;
'Speaker' means the Speaker of the Legislative Assembly;".
23. Section 24:

   (a)  Omit "President" (wherever occurring), substitute "Speaker".

   (b)  Omit "Deputy President" (wherever occurring), substitute "Deputy
        Speaker".
24. Section 36:
Omit "President" (wherever occurring), substitute "Speaker".
25. Section 41:

   (a)  Omit "President" (wherever occurring), substitute "Speaker".

   (b)  Omit "Deputy President" (wherever occurring), substitute "Deputy
        Speaker".
26. Section 42:

   (a)  Omit "President" (wherever occurring), substitute "Speaker".

   (b)  Omit "Deputy President" (wherever occurring), substitute "Deputy
        Speaker".
27. Subsection 51C(1):
Omit "President's", substitute "Speaker's".
28. Subsection 51C(3):
Omit "President", substitute "Speaker".
29. Subsection 51D(1):
Omit "President" (wherever occurring), substitute "Speaker".