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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Great
Barrier Reef Marine Park Amendment Bill
2004
No. ,
2004
(Environment and
Heritage)
A Bill for an Act to amend the
Great Barrier Reef Marine Park Act 1975, and for related
purposes
Contents
Part 1—Amendments 3
Great Barrier Reef Marine Park Act
1975 3
Part 2—Application of
amendments 10
A Bill for an Act to amend the Great Barrier Reef
Marine Park Act 1975, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Great Barrier Reef Marine Park Amendment
Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Great Barrier Reef Marine
Park Act 1975
1 Subsection 3(1) (at the end of the definition of
late payment penalty)
Add “, (1A) or (1B)”.
2 At the end of Division 1 of
Part VA
Add:
In this Part:
collected amount means an amount that is collected by a
holder of a chargeable permission from a visitor on account of charge payable by
the visitor.
penalty amount means an amount payable under subsection
39FA(2).
visitor has the meaning given by the regulations.
3 Subsection 39B(1)
Repeal the subsection, substitute:
Liability
(1) If a chargeable permission is granted or transferred to a person, then
whomever of the following persons is prescribed by the regulations is liable to
pay a charge on the grant or transfer:
(a) the person who is the holder of the chargeable permission;
(b) a visitor who is provided a service by the holder of the chargeable
permission under the permission.
4 After section 39D
Insert:
Charge payable by a holder of a chargeable permission is payable to the
Authority on behalf of the Commonwealth.
Charge payable by a visitor in relation to a chargeable permission is
payable to the holder of the chargeable permission on behalf of the
Commonwealth.
Note: Under Division 2A, the holder is required to
collect charge payable by a visitor and pay it to the
Authority.
5 At the end of
section 39E
Add:
(3) The regulations may provide that charge is due and payable at
different times for visitors and holders of chargeable permissions.
6 After Division 2 of
Part VA
Insert:
Offence for failing to collect charge
(1) If:
(a) a holder of a chargeable permission provides a service to a visitor
under the permission; and
(b) charge is due and payable by the visitor in relation to the
permission;
then the holder must collect the charge from the visitor.
Penalty: 50 penalty units.
Penalty for failing to collect charge
(2) A holder of a chargeable permission who does not collect charge as
required by subsection (1) must pay to the Authority, on behalf of the
Commonwealth, a penalty (the penalty amount) equal to the amount
of the charge.
(3) The penalty amount is due and payable at the time when, if the charge
had become a collected amount, the holder would have had to pay the collected
amount to the Authority.
(4) If 2 or more persons (the holders) are liable to pay the
same penalty amount because a chargeable permission is held by them jointly, the
holders are jointly and severally liable to pay the penalty amount.
(5) The penalty amount is in addition to any penalty imposed by a court
for an offence against subsection (1).
(6) If a person is convicted before a court of an offence against
subsection (1), the court may order the person to pay to the Authority, on
behalf of the Commonwealth, an amount equal to the sum of:
(a) a penalty amount that the person is liable to pay; and
(b) a late payment penalty that is payable by the person on the penalty
amount.
(7) An amount a person is ordered to pay under subsection (6) is in
addition to the penalty imposed on the person for an offence against
subsection (1).
(1) A holder of a chargeable permission must pay a collected amount to the
Authority before or on the day it is due and payable.
Penalty: 10 penalty units.
Note: If the holder does not pay the collected amount to the
Authority before or on the day it is due and payable, the obligation to pay the
amount to the Authority continues after the due day, with daily offences being
committed until the obligation is complied with (see section 4K of the
Crimes Act 1914).
(2) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in
relation to an offence against subsection (1) of this section on the 21st
day after the day on which the collected amount is due and payable.
Note: Because of this subsection, 200 penalty units is the
maximum penalty that can be imposed for offences against
subsection (1).
(3) If a person is convicted before a court of an offence against
subsection (1), the court may order the person to pay to the Authority, on
behalf of the Commonwealth, an amount equal to the sum of:
(a) a collected amount that the person is liable to pay; and
(b) a late payment penalty that is payable by the person on the collected
amount.
(4) An amount a person is ordered to pay under subsection (3) is in
addition to the penalty imposed on the person for an offence against
subsection (1).
If 2 or more persons (the holders) are liable to pay the
same collected amount because a chargeable permission is held by them jointly,
the holders are jointly and severally liable to pay the collected
amount.
A collected amount is payable by the holder of a chargeable permission to
the Authority on behalf of the Commonwealth.
A collected amount is due and payable at such time as is ascertained in
accordance with the regulations.
7 Subsection 39G(1)
After “a person”, insert “(other than a
visitor)”.
8 Subsection 39G(1)
Before “late”, insert
“the”.
9 After subsection 39G(1)
Insert:
(1A) If a collected amount payable by a person remains unpaid after the
time when it became due for payment, the person is liable to pay, by way of
penalty, an amount (the late payment penalty) calculated at the
rate of 20% per annum on the amount unpaid, computed from that time.
(1B) If a penalty amount payable by a person remains unpaid after the time
when it became due for payment, the person is liable to pay, by way of penalty,
an amount (the late payment penalty) calculated at the rate of 20%
per annum on the amount unpaid, computed from that time.
10 Section 39H
Omit “Charge and late payment penalty are”, substitute
“Late payment penalty is”.
Note: The heading to section 39H is altered by omitting
“charge and”.
11 Subsection 39I(1)
Before “39H”, insert “39DA, subsection 39FA(2),
section 39FD or”.
12 After paragraph 39J(1)(a)
Insert:
(aa) a collected amount that is due and payable;
(ab) a penalty amount that is due and payable;
13 Paragraph 39K(1)(a)
After “charge”, insert “, collected amounts, penalty
amounts”.
14 At the end of Division 3 of
Part VA
Add:
The Financial Management and Accountability Act 1997 does not
apply in relation to charge, collected amounts, penalty amounts and late payment
penalties.
15 Subsection 39P(1)
After “a person”, insert “who holds a chargeable
permission”.
16 Paragraph 39P(1)(a)
Omit “the person’s”, substitute “a
person’s”.
17 Subsection 39P(1)
After “charge” (wherever occurring), insert “or to pay a
collected amount”.
18 After section 39P
Insert:
(1) The regulations may make provision for and in relation to:
(a) the custody of collected amounts; and
(b) the banking of collected amounts; and
(c) the keeping of accounts in relation to collected amounts;
and
(d) the application of interest, or other amounts, derived from the
custody or banking of collected amounts.
(2) Without limiting paragraph (1)(d), regulations made for the
purpose of that paragraph may prescribe that interest, or other amounts, derived
from the custody or banking of collected amounts be paid to the holder of a
chargeable permission who was required to collect those collected
amounts.
(3) The payment of interest, or other amounts, derived from the custody or
banking of collected amounts to a holder of a chargeable permission in
accordance with regulations made for the purposes of paragraph (1)(d) is to
be paid out of the Consolidated Revenue Fund, which is appropriated
accordingly.
19 Section 39Q
Omit “person”, substitute “holder of a chargeable
permission”.
20 Subsections 39S(1) and (2)
After “charge”, insert “or to pay a collected
amount”.
21 At the end of subsections 39T(1), (2) and
(3)
Add “or to pay a collected amount”.
22 Subsection 39U(1)
After “charge”, insert “or to pay a collected
amount”.
23 Subsections 61C(1) and (2)
After “subsection”, insert “39FA(6), 39FB(3)
or”.
Part 2—Application
of amendments
24 Application
The amendments made by Part 1 of this Schedule apply in relation to
services provided after the commencement of this item under chargeable
permissions granted or transferred before or after that commencement.