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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Sydney Harbour Federation Trust
Amendment Bill 2021
No. , 2021
(Agriculture, Water and the Environment)
A Bill for an Act to amend the
Sydney Harbour
Federation Trust Act 2001
, and for related purposes
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Review of the Trust
3
Sydney Harbour Federation Trust Act 2001
3
Part 2--Regulations
10
Sydney Harbour Federation Trust Act 2001
10
Part 3--Compliance and enforcement
11
Sydney Harbour Federation Trust Act 2001
11
Part 4--Contingent amendments
19
Sydney Harbour Federation Trust Act 2001
19
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
1
A Bill for an Act to amend the
Sydney Harbour
1
Federation Trust Act 2001
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Sydney Harbour Federation Trust Amendment Act
5
2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1, 2 and 3
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 4
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Federal Circuit and Family Court of
Australia Act 2021
.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Review of the Trust
Part 1
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
3
Schedule 1--Amendments
1
Part 1--Review of the Trust
2
Sydney Harbour Federation Trust Act 2001
3
1 Preamble
4
Omit "as a transitional body".
5
2 Preamble
6
Omit "The Trust will transfer suitable land to New South Wales for
7
inclusion in the national parks and reserves system.", substitute "The
8
Trust will protect the heritage values of the land.".
9
3 Section 3 (definition of
repeal time
)
10
Repeal the definition.
11
4 Section 3
12
Insert:
13
statement of reasons
has the meaning given by section 64B.
14
5 Section 3 (definition of
suitable person
)
15
Repeal the definition.
16
6 Subsection 11(4)
17
Omit "suitable persons", substitute "persons who have experience or
18
knowledge in at least one of the fields listed in subsection 12(2)".
19
7 Subsections 12(2), (3) and (3A)
20
Repeal the subsections, substitute:
21
(2) A person is not eligible for appointment as a member unless the
22
Minister is satisfied that the person has experience or knowledge in
23
at least one of the following fields:
24
(a) environment and heritage conservation or heritage
25
interpretation;
26
(b) Indigenous culture;
27
Schedule 1
Amendments
Part 1
Review of the Trust
4
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
(c) land planning and management;
1
(d) business, financial, property or asset management;
2
(e) tourism or marketing;
3
(f) military service;
4
(g) law.
5
(3) One of the members must be an Aboriginal person, or a Torres
6
Strait Islander, within the meaning of the
Aboriginal and Torres
7
Strait Islander Act 2005
who is eligible for appointment under
8
subsection (2).
9
(3A) One of the members must be a person who:
10
(a) is eligible for appointment under subsection (2); and
11
(b) in the Minister's opinion, provides a local government
12
perspective and experience.
13
8 Sections 64 and 64A
14
Repeal the sections, substitute:
15
64 Contracts
16
Minister's written approval
17
(1) The Trust must not, except with the Minister's written approval,
18
enter into a contract involving the payment or receipt by the Trust
19
of an amount exceeding $5,000,000.
20
(2) In working out the amount under the contract, assume that any
21
option or right to extend or renew the contract will be exercised
22
and take into account the amount under the contract as so extended
23
or renewed.
24
Indexation of threshold amount
25
(3) The dollar amount specified in subsection (1) is a
threshold
26
amount
.
27
(4) On 1 July 2022 and each subsequent 1 July (an
indexation day
),
28
the threshold amount is replaced by an amount worked out using
29
the following formula:
30
Amendments
Schedule 1
Review of the Trust
Part 1
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
5
Indexation factor
Threshold amount immediately
for the indexation day
before the indexation day
1
(5) The
indexation factor
for an indexation day is the number worked
2
out using the following formula:
3
Index number for the reference quarter
Index number for the base quarter
4
where:
5
base quarter
means the March quarter ending 1 year before the
6
reference quarter ends.
7
index number
, for a quarter, means the All Groups Consumer
8
Price Index number (being the weighted average of the 8 capital
9
cities) published by the Australian Statistician for that quarter.
10
March quarter
means a period of 3 months ending on 31 March.
11
reference quarter
means the March quarter immediately before the
12
indexation day.
13
(6) An indexation factor is to be calculated to 3 decimal places
14
(rounding up if the fourth decimal place is 5 or more).
15
(7) An indexation factor that is less than 1 is to be increased to 1.
16
(8) Amounts worked out under subsection (4) are to be rounded to the
17
nearest whole dollar (rounding 50 cents upwards).
18
(9) Calculations under subsection (5):
19
(a) are to be made using only the index numbers published in
20
terms of the most recently published index reference period;
21
and
22
(b) are to be made disregarding index numbers that are published
23
in substitution for previously published index numbers
24
(except where the substituted numbers are published to take
25
account of changes in the index reference period).
26
64A Leases or licences over 25 years
27
(1) The Trust must not enter into a lease or licence over Trust land for
28
a period that is longer than 35 years.
29
Schedule 1
Amendments
Part 1
Review of the Trust
6
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
(2) The Trust must not enter into a lease or licence over Trust land for
1
a period that is longer than 25 years, and not longer than 35 years,
2
unless the requirements in sections 64B, 64C and 64D are met.
3
(3) In working out the period of a lease or licence, assume that any
4
option or right to extend or renew the lease or licence will be
5
exercised and take into account the period of the lease or licence as
6
so extended or renewed.
7
64B Leases and licences over 25 years--statement of reasons
8
Trust must prepare statement of reasons
9
(1) The Trust must prepare a written statement (a
statement of
10
reasons
) that sets out how a proposed lease or licence over Trust
11
land for a period that is longer than 25 years, and not longer than
12
35 years, is consistent with:
13
(a) the objects of the Trust set out in section 6; and
14
(b) plans approved under Part 5.
15
Consultation with community advisory committee
16
(2) The Trust must:
17
(a) give a draft statement of reasons to any community advisory
18
committee established under Part 8 whose functions
relate to
19
the Trust land that is the subject of the proposed lease or
20
licence; and
21
(b) ensure the draft statement of reasons is accompanied by an
22
outline of the following details:
23
(i) the proposed lessee or licensee, and the land the subject
24
of the proposed lease or licence;
25
(ii) the period of the proposed lease or licence;
26
(iii) the uses of the land permitted by the proposed lease or
27
licence; and
28
(c) invite the committee to provide comments on the draft
29
statement of reasons within a 28-day period.
30
Public consultation
31
(3) The Trust must:
32
Amendments
Schedule 1
Review of the Trust
Part 1
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
7
(a) make a draft statement of reasons publicly available for a
1
period of at least 28 days; and
2
(b) ensure the draft statement of reasons is accompanied by an
3
outline of the following details:
4
(i) the proposed lessee or licensee, and the land the subject
5
of the proposed lease or licence;
6
(ii) the period of the proposed lease or licence;
7
(iii) the uses of the land permitted by the proposed lease or
8
licence; and
9
(c) invite the public to provide comments on the draft statement
10
of reasons within a 28-day period.
11
(4) For the purposes of subsection (3), making a draft statement of
12
reasons publicly available includes publishing it on the Trust's
13
website or the Department's website.
14
Final statement of reasons
15
(5) In finalising the statement of reasons, the Trust must:
16
(a) consider any comments provided:
17
(i) by the community advisory committee under
18
subsection (2); or
19
(ii) during public consultation under subsection (3); and
20
(b) include any comments provided by the community advisory
21
committee under subsection (2); and
22
(c) include an outline of:
23
(i) the consultation undertaken; and
24
(ii) any comments provided during public consultation
25
under subsection (3).
26
(6) The Trust must give the statement of reasons to the Minister when
27
seeking the Minister's approval under section 64D for the lease or
28
licence to which the statement of reasons relates.
29
Statement of reasons is not a legislative instrument
30
(7) A statement of reasons is not a legislative instrument.
31
Schedule 1
Amendments
Part 1
Review of the Trust
8
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
64C Leases and licences over 25 years--proposal
1
(1) The Trust must not enter into a lease or licence over Trust land for
2
a period that is longer than 25 years, and not longer than 35 years,
3
unless:
4
(a) a proposal that covers the lease or licence has been made
5
under subsection (2); and
6
(b) the time for each House to disallow the proposal under Part 2
7
of Chapter 3 of the
Legislation Act 2003
has passed and
8
neither House disallowed the proposal.
9
(2) The Trust may, by legislative instrument, make a proposal in
10
relation to a lease or licence.
11
(3) For the purposes of paragraph (1)(a), a proposal covers a lease or
12
licence if:
13
(a) the lessee or licensee, and the land the subject of the lease or
14
licence, was specified in the proposal; and
15
(b) the period of the lease or licence does not exceed the
16
maximum period specified in the proposal; and
17
(c) the uses of the land permitted by the lease or licence were
18
specified in the proposal.
19
(4) In addition to the requirements under subsection 15J(2) of the
20
Legislation Act 2003
, the Trust must ensure that the explanatory
21
statement for the proposal includes the statement of reasons
22
prepared under section 64B for the lease or licence covered by the
23
proposal.
24
(5) The Trust must, as soon as practicable after the proposal is
25
registered on the Federal Register of Legislation under the
26
Legislation Act 2003
, publish a notice of this fact on the Trust's
27
website.
28
64D Leases and licences over 25 years--Minister's approval
29
(1) The Trust must not, except with the Minister's written approval,
30
enter into a lease or licence over Trust land for a period that is
31
longer than 25 years, and not longer than 35 years.
32
Amendments
Schedule 1
Review of the Trust
Part 1
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
9
(2) The Minister must not give approval unless the Minister is satisfied
1
that the terms and conditions of the proposed lease or licence are
2
consistent with:
3
(a) the objects of the Trust set out in section 6; and
4
(b) plans approved under Part 5; and
5
(c) a proposal that covers the lease or licence under section 64C.
6
(3) In considering whether the terms and conditions of the proposed
7
lease or licence are consistent with the matters in paragraphs (2)(a)
8
and (b), the Minister must have regard to the statement of reasons
9
prepared under section 64B for the proposed lease or licence.
10
9 Part 10
11
Repeal the Part.
12
Schedule 1
Amendments
Part 2
Regulations
10
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
Part 2--Regulations
1
Sydney Harbour Federation Trust Act 2001
2
10 After paragraph 73(2)(o)
3
Insert:
4
(oa) imposing liability for offences against the regulations
5
involving vehicles or vessels on the owners of the vehicles or
6
vessels;
7
(ob) the evidentiary requirements in relation to prosecutions for
8
offences against the regulations;
9
(oc) the provision of documents, by the Trust or another person,
10
to persons alleged to have committed offences against the
11
regulations;
12
(od) the recovery, by way of penalty, by the Trust on behalf of the
13
Commonwealth, of reasonable costs incurred by the Trust as
14
a result of a contravention of an order, direction or other
15
requirement;
16
11 After paragraph 73(2)(r)
17
Insert:
18
(ra) the removal of objects and other matter from, and the moving
19
of objects and other matter on, Trust land by wardens and
20
rangers, including the removal or moving of objects and
21
other matter (including animals) that are the property of other
22
persons;
23
(rb) the disposal of objects and other matter removed from, or
24
moved on, Trust land, including the disposal of objects and
25
other matter that are the property of other persons;
26
Amendments
Schedule 1
Compliance and enforcement
Part 3
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
11
Part 3--Compliance and enforcement
1
Sydney Harbour Federation Trust Act 2001
2
12 Section 3
3
Insert:
4
Regulatory Powers Act
means the
Regulatory Powers (Standard
5
Provisions) Act 2014
.
6
13 After Part 9
7
Insert:
8
Part 9A--Compliance and enforcement
9
10
65A Simplified outline of Part
11
This Part deals with the compliance and enforcement powers of the
12
Trust.
13
The Trust may order a person to cease promoting, conducting or
14
carrying out an activity on Trust land, or to do, or not do, specified
15
things in relation to the activity. If a person fails to comply with an
16
order, the Trust may do anything necessary or convenient to give
17
effect to the order, including any work required by the order.
18
A person can be given an infringement notice under Part 5 of the
19
Regulatory Powers Act for contravening a strict liability offence
20
provision of this Act or the regulations. A person who is given an
21
infringement notice can choose to pay an amount as an alternative
22
to proceedings being brought against the person for the
23
contravention. If the person does not choose to pay the amount,
24
proceedings can be brought against the person in relation to the
25
contravention.
26
Schedule 1
Amendments
Part 3
Compliance and enforcement
12
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
65B Trust may give orders
1
(1) Subject to this section and to section 65C, the Trust may order any
2
person engaged in promoting, conducting or carrying out an
3
activity on Trust land:
4
(a) to cease promoting, conducting or carrying out the activity;
5
or
6
(b) to do, or not to do, such things, in relation to the activity, as
7
are specified in the order and in a way, if any, specified in the
8
order.
9
(2) The Trust may give an order under subsection (1) only if any of the
10
circumstances mentioned in subsection (3) exist.
11
(3) For the purposes of subsection (2), the circumstances are that the
12
Trust reasonably believes that the activity:
13
(a) contravenes this Act or the regulations; or
14
(b) contravenes a condition of a licence or permit granted to the
15
person; or
16
(c) constitutes, or is likely to constitute, a public hazard or a
17
threat to public health or safety; or
18
(d) is causing, or is likely to cause, pollution or environmental
19
damage, or further pollution or environmental damage, on
20
Trust land or elsewhere.
21
(4) If an order is made under paragraph (1)(a) in respect of an activity,
22
an order may be made under paragraph (1)(b) in respect of the
23
same activity.
24
(5) Without limiting paragraph (1)(b), an order may be given under
25
that paragraph to:
26
(a) demolish, repair or remove a structure on Trust land; or
27
(b) collect, remove or dispose of any plant, noxious substance,
28
litter, refuse or waste on Trust land; or
29
(c) repair any environmental damage on Trust land.
30
(6) Applications may be made to the Administrative Appeals Tribunal
31
for review of decisions of the Trust under this section to give an
32
order.
33
Amendments
Schedule 1
Compliance and enforcement
Part 3
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
13
65C Form etc. of order
1
(1) An order given under section 65B must be in writing.
2
(2) Subject to subsection (3), the order must specify a reasonable
3
period within which the terms of the order are to be complied with.
4
(3) An order may require immediate compliance in circumstances
5
where there is:
6
(a) a serious risk to public health or safety; or
7
(b) a serious risk of pollution or environmental damage; or
8
(c) an emergency.
9
(4) An order given under section 65B is not a legislative instrument.
10
65D Contravention of order
11
(1) A person commits an offence if:
12
(a) the person is subject to an order given under section 65B; and
13
(b) the person does an act or omits to perform an act; and
14
(c) the person's act or omission contravenes the terms of the
15
order.
16
Penalty: 10 penalty units.
17
(2) Strict liability applies to paragraph (1)(a).
18
65E Trust may carry out work if order is contravened
19
(1) If:
20
(a) a person is given an order under section 65B; and
21
(b) the person fails to comply with the order;
22
the Trust may do anything necessary or convenient to give effect to
23
the order, including any work required by the order.
24
(2) If the Trust incurs costs because of anything done under
25
subsection (1), the person is liable to pay to the Trust, on behalf of
26
the Commonwealth, an amount equal to so much of those costs as
27
are reasonable.
28
(3) An amount under subsection (2) may be recovered by the Trust as
29
a debt due to the Trust, on behalf of the Commonwealth, in:
30
Schedule 1
Amendments
Part 3
Compliance and enforcement
14
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
(a) the Federal Court of Australia; or
1
(b) the Federal Circuit Court of Australia; or
2
(c) a court of a State or Territory that has jurisdiction in relation
3
to the matter.
4
(4) The Trust may destroy or otherwise dispose of any structure,
5
materials or other thing removed under this section.
6
(5) The Trust may exercise its functions or powers under this section
7
whether or not the person referred to in subsection (1) has been
8
prosecuted for an offence under section 65D.
9
65F Infringement notices
10
Provisions subject to an infringement notice
11
(1) A strict liability offence against this Act or the regulations is
12
subject to an infringement notice under Part 5 of the Regulatory
13
Powers Act.
14
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
15
infringement notices in relation to provisions.
16
Infringement officer
17
(2) For the purposes of Part 5 of the Regulatory Powers Act, a ranger
18
(within the meaning of the regulations) is an infringement officer
19
in relation to the provisions mentioned in subsection (1).
20
Relevant chief executive
21
(3) For the purposes of Part 5 of the Regulatory Powers Act, the
22
Executive Director is the relevant chief executive in relation to the
23
provisions mentioned in subsection (1).
24
(4) The relevant chief executive may, in writing, delegate the powers
25
and functions mentioned in subsection (5) to a Trust officer (within
26
the meaning of the regulations).
27
(5) The powers and functions that may be delegated are the powers
28
and functions of the relevant chief executive under the following
29
provisions of the Regulatory Powers Act:
30
(a) section 105 (extension of time to pay amount);
31
(b) section 106 (withdrawal of an infringement notice).
32
Amendments
Schedule 1
Compliance and enforcement
Part 3
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
15
(6) A person exercising powers or performing functions under a
1
delegation under subsection (4) must comply with any directions of
2
the relevant chief executive.
3
Matters to be included in infringement notices
4
(7) Paragraph 104(1)(c) of the Regulatory Powers Act does not apply
5
in relation to an infringement notice for an alleged contravention of
6
a provision mentioned in subsection (1) involving a vehicle or a
7
vessel (within the meaning of the regulations) if the notice is
8
served in accordance with paragraph 65G(1)(b) of this Act.
9
(8) Paragraph 104(1)(d) of the Regulatory Powers Act does not apply
10
in relation to an infringement notice for an alleged contravention of
11
a provision mentioned in subsection (1) to the extent that paragraph
12
requires the infringement notice to state the name and contact
13
details of the person who gave the notice.
14
(9) In addition to the matters included in subsection 104(1) of the
15
Regulatory Powers Act, an infringement notice given in relation to
16
an alleged contravention of a provision mentioned in subsection (1)
17
must also include the following:
18
(a) the ranger identification number (within the meaning of the
19
regulations) of the infringement officer who issued the
20
notice;
21
(b) the contact details of the relevant chief executive;
22
(c) if a vehicle or a vessel (within the meaning of the
23
regulations) was involved in the alleged contravention--the
24
registration number of the vehicle or vessel;
25
(d) any other information that the relevant chief executive
26
considers necessary.
27
65G Infringement notices--serving notices for contraventions
28
involving vehicles or vessels
29
(1) For an alleged contravention of a provision mentioned in
30
subsection 65F(1) involving a vehicle or a vessel (within the
31
meaning of the regulations), an infringement notice may be served:
32
(a) personally on a person who appears to be in charge of the
33
vehicle or vessel; or
34
Schedule 1
Amendments
Part 3
Compliance and enforcement
16
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
(b) by securely placing the notice on the vehicle or vessel in a
1
conspicuous place; or
2
(c) by posting it to the address of the person who is registered as
3
the owner or operator of the vehicle or vessel; or
4
(d) if a statutory declaration has been given to a Trust officer
5
under the regulations naming a person as being in charge of
6
the vehicle or vessel at the time of the alleged
7
contravention--personally on that person, or by posting it to
8
the address of the person given in the statutory declaration.
9
(2) A person commits an offence of strict liability if:
10
(a) an infringement notice is placed on a vehicle or vessel under
11
paragraph (1)(b); and
12
(b) the person removes, defaces or interferes with the
13
infringement notice; and
14
(c) the person is not:
15
(i) in charge of the vehicle or vessel; or
16
(ii) registered as the owner or operator of the vehicle or
17
vessel; or
18
(iii) authorised to do so by the person in charge of the
19
vehicle or vessel; or
20
(iv) authorised to do so by the person registered as the
21
owner or operator of the vehicle or vessel.
22
Penalty: 2 penalty units.
23
65H Infringement notices--evidentiary certificates
24
(1) The Executive Director may sign a certificate that states any of the
25
following in relation to an infringement notice served on a person:
26
(a) that the amount payable under the infringement notice was
27
not paid by the person within the time specified in the notice;
28
(b) that the Executive Director granted, or refused to grant, an
29
extension of time to the person to pay the amount payable
30
under the infringement notice;
31
(c) that the amount payable under the infringement notice was
32
not paid by the person within the period specified in the
33
extension;
34
Amendments
Schedule 1
Compliance and enforcement
Part 3
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
17
(d) that the infringement notice was withdrawn under
1
section 106 of the Regulatory Powers Act on a day specified
2
in the certificate.
3
(2) At a hearing of a prosecution for an offence mentioned in an
4
infringement notice, a certificate signed by the Executive Director
5
in accordance with subsection (1) is prima facie evidence of the
6
matters stated in the certificate.
7
(3) A certificate must not be admitted in evidence at a hearing of a
8
prosecution for an offence mentioned in an infringement notice
9
unless:
10
(a) the person charged with the offence; or
11
(b) a barrister or solicitor who has appeared for the person in
12
relation to the hearing;
13
has, at least 14 days before the certificate is sought to be so
14
admitted, been given a copy of the certificate together with notice
15
of the intention to produce the certificate as evidence in the
16
hearing.
17
(4) A certificate that purports to be signed by the Executive Director is
18
taken to have been signed by the Executive Director unless the
19
contrary is proved.
20
14 Application of amendments
21
Definitions
22
(1)
For the purposes of this item:
23
Principal Act
means the
Sydney Harbour Federation Trust Act 2001
.
24
Regulations
means the
Sydney Harbour Federation Trust
25
Regulations 2001
.
26
Orders given by the Trust
27
(2)
To avoid doubt, the Trust must not, after the commencement of this
28
item, give an order under regulation 37 of the Regulations in relation to
29
a matter covered by section 65B of the Principal Act (as inserted by this
30
Part).
31
(3)
A reference in regulation 24 of the Regulations, as in force after the
32
commencement of this item, to regulation 37 of the Regulations is taken
33
Schedule 1
Amendments
Part 3
Compliance and enforcement
18
Sydney Harbour Federation Trust Amendment Bill 2021
No. , 2021
to include a reference to section 65B of the Principal Act (as inserted by
1
this Part).
2
Infringement notices
3
(4)
Sections 65F, 65G and 65H of the Principal Act, as inserted by this Part,
4
apply in relation to an alleged contravention of a provision mentioned in
5
subsection 65F(1) of the Principal Act that occurs:
6
(a) after the commencement of this item; or
7
(b) before that commencement, if an infringement notice has not
8
been given under Division 3.4 of the Regulations
in relation
9
to the alleged contravention.
10
(5)
Division 3.4 of the Regulations
,
as in force immediately before the
11
commencement of this item, continues to apply in relation to an
12
infringement notice given under that Division before the
13
commencement of this item.
14
Amendments
Schedule 1
Contingent amendments
Part 4
No. , 2021
Sydney Harbour Federation Trust Amendment Bill 2021
19
Part 4--Contingent amendments
1
Sydney Harbour Federation Trust Act 2001
2
15 Paragraph 65E(3)(b)
3
Repeal the paragraph, substitute:
4
(b) the Federal Circuit and Family Court of Australia
5
(Division 2); or
6