Fraser Island Public Access Act 1985 (Qld)

493 (!u e enzI nt ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1985 An Act to provide for the authorization and control of vehicle access to and the use by the public of Fraser Island Recreation Area for recreation and for related purposes [ASSENTED TO 19TH APRIL, 1985]

494 Fraser Island Puhlic Access Act 1985, No. 38 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Fraser Island Public Access Act 1985. 2. Commencement . ( 1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section ) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section ) of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. This Act (other than section I and this section) shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY ( ss. 1-6); PART II-RECREATION AREA (s. 7); PART III-ADMINISTRATION ( ss. 8-10); PART IV-POWERS AND FUNCTIONS OF BOARD ( ss. 11- 14); PART V-FINANCIAL PROVISIONS ( ss. 15-20); PART VI-PERMIT PROVISIONS ( ss. 21-23); PART VII-RECOVERY OF PENALTIES BY NOTICES (ss. 24-29); PART VIII-GENERAL PROVISIONS ( ss. 30-48); SCHEDULE 4. Interpretation . In this Act save where a contrary intention appears- "Authority" means the Fraser Island Recreation Authority established under section 8; "authorized officer" means an authorized officer appointed under section 13; "Board" means the Fraser Island Recreation Board a body corporate constituted under section 9; "commercial tour operator" means a person who, in return for payment of moneys or for any other reward or consideration,

Fraser Island Public Access Act 1985, No. 38 495 conducts or causes to be conducted or who holds himself out as available to conduct any member of the public on a tour of or excursion or visit to areas of the State: "Fraser Island area" means the area constituted by- (a) the island known as Fraser Island which- (i) lies off the southern coast of Queensland between latitudes 24 degrees 25 minutes south and 25 degrees 50 minutes south and between longitudes 152 degrees 55 minutes east and 153 degrees 25 minutes east: (ii) is situated approximately 26 kilometres due east of Maryborough and approximately 200 kilometres north of Brisbane: and (iii) is separated from the mainland on its western side by Great Sandv Strait: (b) the islands within Great Sandy Strait lying wholly within the area bounded on the north by latitude 25 degrees 30 minutes south, on the south by latitude 25 degrees 40 minutes south. on the east by Fraser Island and on the west by the western boundary of the County of Fraser as shown on cadastral map titled 9446-1 Boonooroo produced by the Department of Mapping and Surveying and published in December 1979: (c) Breaksea Spit, and shall be taken to include- (d) the land on the islands referred to in provisions (a) and (b) lying between mean high water mark at spring tides of the main sea adjacent to the islands and low water mark at spring tides of that sea: and (e) the land on which is situated any wharf. jetty, pier or other structure that projects from the islands and provides public access to the island: "Fraser Island Recreation Area" or "Recreation .Area" means the Fraser Island Recreation Area declared by the Governor in Council pursuant to section 7: "motor vehicle" means any vehicle propelled or designed for propulsion wholly or partly by gas, motor spirit, oil. electricity. steam, or any other mechanical power: the term includes a motor car. motor cycle, motor omnibus. motor truck. motor utility truck, service omnibus. trolley vehicle. tractor or traction engine, and a trailer attached to or drawn by a motor vehicle: "permit" means a permit granted under this Act and in force at the material time and. with reference to any particular

496 Fraser Island Public Access Act 1985, No. 38 provision of this Act, a permit of the description appropriate according to that provision; "proprietor"- (a) in relation to Crown land, means the Minister who for the time being holds the portfolio of Lands whether by that name and style alone or in conjunction with other names and styles; (b) in relation to land that pursuant to an Act is under the control of any person or of a department of government of the State. means that person or, as the case may be, the Minister of the Crown who administers that department; (c) in relation to land reserved and set apart for a public purpose under the Land Act 1962-1984 means- (i) where the land is placed under the control of trustees, those trustees; (ii) in any other case, the Minister; (d) in relation to land granted by the Crown in trust to a Local Authority or alienated by the Crown in fee-simple and held by a Local Authority, that Local Authority: (e) in any other case, means the holder of the land; "resident" means a person- (a) whose principal place of abode is within the Fraser Island area; and (b) whose address for the purposes of the electoral roll of the State is within the Fraser Island area, "vehicle" includes any aircraft, articulated vehicle, barrow, cab, car, carriage, cart, dray, hand cart. lorry, motor vehicle, multi-wheeled vehicle, omnibus, tractor or traction engine, train, tram, trolley vehicle, truck, van, velocipede, wagon, or other means of transport or conveyance whatsoever designed for movement upon wheels. whether or not such vehicle is or is not for the time being capable of being operated or used in a normal manner; "vessel" includes any ship, boat, hovercraft, and any vehicle that is capable of use in or on water, whether floating or submersible and whether or not self-propelled. 5. Application of laws , etc. (1) Subject to this Act, the provisions of this Act shall be read and construed with, and in addition to- (a) the Forestry Act 1959-1984, the Land Act 1962-1984 and the National Parks and Wildlife Act 1974-1984; (b) such other Act or Acts or any provision or provisions of any Act or Acts as are prescribed from time to time by Order in Council, and do not derogate from the Acts referred to in provision (a) or the Acts and provisions prescribed pursuant to provision (b), and nothing

Fraser Island Public Access Act 1985, No. 38 497 in this Act prejudices or otherwise affects the exercise and performance of the powers, authorities, functions, duties and jurisdiction conferred or imposed upon any person by or the enforcement and recovery of any penalty, fee, fine or forfeiture enforceable or recoverable under any of the Acts or provisions referred to or prescribed pursuant to this section. (2) Where the act or omission of a person is an offence against this Act and is also an offence against any of the Acts referred to or prescribed pursuant to subsection (1), a person may be prosecuted and convicted under either of those laws. (3) Nothing in this Act shall render any person liable to be punished twice in respect of the same offence. (4) Notwithstanding the provisions of this Act, the rights and obligations had by the proprietor (and lessees) of land forming part of the Recreation Area, are not affected save to the extent and in the manner expressly prescribed in this Act. In this section "proprietor" includes the Crown. 6. Effect on Motor Vehicles Control Act. On and from the date of commencement of the Fraser Island Public Access Act 1985- (a) it shall not be competent for a Local Authority to require payment of a fee for a permit under section 35 (2) (b) of the Motor Vehicles Control Act 1975 in respect of the use of a motor vehicle on land within the Fraser Island Recreation Area; (b) the Recreation Area shall not be a public place for the purposes of the Motor Vehicles Control Act 1975. PART II-RECREATION AREA 7. Fraser Island Recreation Area. (1) The Governor in Council may by Order in Council, on the recommendation of the Authority, in relation to lands, including any lands dedicated to public use as a road for public use, within the Fraser Island Area, other than land in respect of which any person is the holder of an estate in fee simple or of any other estate of freehold from the Crown, for the purposes of this Act, declare- (a) all of those lands excluding if he sees fit any lands held from the Crown by way of any specified leasehold or other tenure; and (b) from time to time, any part or parts of those lands as specified in the Order by way of any property description or descriptions or of any leasehold or other tenure or tenures by which land is held from the Crown, to be the Fraser Island Recreation Area.

498 Fraser Island Public Access Act 1985, No. 38 (2) The Governor in Council may from time to time by order in Council, on the recommendation of the Authority, declare that any land that prior to the making of the Order forms part of the Recreation Area shall on and from the date of the Order no longer be part of the Recreation Area and the balance of land then remaining shall for the time being constitute the Recreation Area. (3) Before an Order in Council of the kind referred to in subsections (1) and (2) is made, the Authority shall obtain the views of any Minister of the Crown responsible for any Department of the State whose interests are affected thereby and shall have regard to those views before making its recommendation to the Governor in Council. PART III-ADMINISTRATION 8. Authority. (1) For the purposes of this Act there is established an Authority to be known as the Fraser Island Recreation Authority. (2) The Authority consists of the Ministers of the Crown for the time being charged with the administration of the Forestry Act 1959- 1984 and the National Parks and Wildlife Act 19'5-1984 respectively. (3) This Act shall be administered by the Authority and. subject to the Authority, by the Board. 9. Constitution of the Board . (1) There shall be constituted for the purposes of this Act. a Board under the name and style Fraser Island Recreation Board which by that name and style shall have perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate name and, subject to this Act and for the purpose of discharging its functions under this Act of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (2) All courts. judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and shall presume unless the contrary is proved that it was duly affixed. (3) The Board shall have and may exercise such powers and authorities, and shall perform such functions and duties as are conferred or imposed on it by or under this Act. 10. Membership of Board . The Board shall consist of the following persons:- (a) the person who holds the appointment Conservator of Forests under the Forestry Act 1959-1984; and (b) the Under Secretary, Department of The Arts, National Parks and Sport.

Fraser Island Public Access Act 1985, No. 38 499 PART IV-POWERS AND FUNCTIONS OF BOARD 11. Functions of Board. (1) The functions of the Board are- (a) subject to the Authority, to administer the provisions of this Act; (b) to control, co-ordinate and manage vehicle access and use by the public of the Recreation Area for recreational purposes; (c) to collect and recover monies due or recoverable under this Act, and manage and expend monies so collected for the purposes of this Act; (d) to provide and maintain buildings, improvements or other works upon the Recreation Area for the purposes of this Act; (e) to accept any grant of monies made to the Board. (2) Without limiting the generality of subsection (1), the Board has the following powers:- (a) to provide for the issue of permits to persons desiring to gain access to and use public facilities in the Recreation Area and to set fees for the issue of those permits. (b) to grant on such terms and conditions as it thinks fit any person the right or privilege to do any specified thing in the Recreation Area including the right to operate a concession or a franchise; (c) to undertake research and investigation into any matter related to the functions of the Board: (d) to accept loan funds for the purposes of this Act, and for that purpose the Board shall be deemed to be a statutory body within the meaning of the Statutory Bodies FinancialArrangements Act 1982-1984; (e) subject to the provisions of this Act, to borrow or raise money; (f) make and enter into any agreement or agreements with any other authority or person for the purposes of this Act: (g) make by-laws for the purposes of this Act: (h) to establish, improve and maintain public recreation facilities in and on the Recreation Area, (i) to do anything incidental to the proper discharge of the functions of the Board under this Act. 12. Delegation . (1) The Board may by instrument in writing under its common seal delegate its functions and powers specified in the instrument of delegation, except this power of delegation and the power to make by-laws, to any person or persons and may make such number of delegations of the same function or power concurrently as it thinks fit. (2) A delegation under subsection (1) may be to the holder of an office specifying the office but without naming the holder in which case

500 Fraser Island Public Access Act 1985, No. 38 each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform (for so long as he holds or occupies or performs the duties of that office) the delegated powers, functions, authorities and duties as are specified in the instrument. (3) A function or power so delegated may be discharged or exercised by the delegate in accordance with the instrument of delegation and when so discharged or exercised shall be deemed to have been discharged or exercised by the Board. (4) A delegation under this section is revocable at the Board's will by instrument in writing under its common seal and does not derogate from the Board's power to act itself in any matter. (5) A person purporting to discharge a function or exercise a power pursuant to a delegation under this section shall be presumed to be acting in accordance with the instrument of delegation in the absence of proof to the contrary. 13. Authorized officers. (1) The Board may appoint any person described in the appointment to be an authorized officer for such period as the Board specifies in the appointment. (2) An authorized officer appointed under subsection (1) shall perform such functions and duties and may exercise such powers as are prescribed. (3) For the purposes of this Act, the following persons shall by virtue of their offices and without further or other appointment be authorized officers:- (a) all field officers employed by the Director of the National Parks and Wildlife Service under the National Parks andWildlife Act 1975-1984; (b) all forest officers appointed under the Forestry Act 1959- 1984; (c) all members of the Police Force of the State. The Governor in Council may, by Order in Council, amend the list of persons specified in this subsection by adding to, deleting from, altering or varying that list, and the list so amended shall be for the time being the list of persons for the purposes of this subsection. 14. General powers of authorized officers . (1) Any authorized officer, in addition to such other powers and duties as from time to time devolve upon him under this Act may- (a) call to his aid any member of the Police Force of Queensland where he has reasonable cause to apprehend any obstruction

Fraser Island Public Access Act 1985, No. 38 501 in the exercise of his powers or in the execution of his duties; (b) be accompanied and aided by any person he may think competent to assist him in making any inspection or examination; (c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with by any person or in respect of the Recreation Area; (d) require the production of any permit or other authority granted or agreement or contract made under and for the purposes of this Act or of any book , record or writing which is in his opinion material to any inquiry under paragraph (c) and inspect , examine and take copies of or extracts from the same; (e) exercise such other powers, functions and authorities as may be prescribed. (2) Any authorized officer who- (a) finds any person committing or believes on reasonable grounds that any person has committed an offence against this Act; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or (c) is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling him to carry out his powers and duties under this Act, may require such person to state his name and address, or name or address, and, if he believes on reasonable grounds that the name and address given are or that the name or address given is false, may require evidence of the correctness thereof. PART V-FINANCIAL PROVISIONS 15. Funds of the Board . (1) There shall be established and kept at the Queensland Treasury a fund in the name "Fraser Island Public Access Fund". (2) There shall be paid into the fund provided for in subsection (1)- (a) all moneys appropriated by Parliament to the purposes of the Board; (b) all moneys received by the Board by way of recoupment, contribution or donation for the purposes of the control of

502 Fraser Island Public Access Act 1985, No. 38 vehicle access and the recreational use by the public of the Recreation Area: (c) all moneys received by the Board by way of rentals , camping charges, fees or penalties in connexion with its discharge of its functions under the Act or the enforcement of this Act or the by-laws of the Board: (d) all other moneys received by the Board in connexion with its administration of the Recreation Area. (3) There shall be paid from the fund provided for in subsection (1) all expenditure properly incurred by the Board for the purposes of or in connexion with the administration of this Act. 16. Accounts and Aud it. (1) The Board shall cause proper books and accounts to be provided and kept and true and regular entries to be made therein in respect of all transactions entered into by the Board. (2) (a) The Board shall as soon as practicable after the end of each financial year prepare statements of account with respect to the financial operations of the Board for that year. The Annual Statements of Account shall- (i) be in the form prescribed: (ii) be certified by the members of the Authority whether in their opinion they fairly set out the financial transactions of the Board for the period to which they relate and show a true and fair view of the state of affairs of the Board at the end of that period on a basis consistent with that applied in respect of the financial year last preceding; (iii) thereupon be transmitted to the Auditor-General. (b) Until the Annual Statements of Account have been audited, and laid before the Legislative Assembly pursuant to section 17, no such statement shall be sold or made available to any person other than a member or officer of the Authority or of the Board, or the Auditor- General or a person acting in aid of him. (c) The Auditor-General shall audit the accounts of the Board kept in respect of all transactions entered into by the Board. and shall have in respect of any such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977-1981. (d) The Auditor-General shall certify on the Annual Statements of Account whether or not he has obtained all the information and explanations required by him and whether or not such statements- (i) are prepared in the form prescribed; (ii) are in agreement with the accounts of the Board; and (iii) have, in his opinion, been properly drawn up so as to present a true and fair view of the transactions for the financial year in question and the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding,

Fraser Island Public Access Act 1985, No. 38 503 and after such certification, shall deliver those statements to the Board. 17. Reports by Board . (1) The Board shall, not later than 31 October in each year, furnish to the Authority a report on the Board's operations during the year ended 30 June in that year. (2) The report shall include the Annual Statements of Account together with the certificate of the Auditor-General prescribed by section 16. (3) The Authority shall, within 14 sitting days after a report of the Board is received, cause the report to be tabled before the Legislative Assembly. 18. Budget of Board. (1) As soon as practicable after the commencement of this Act the Board shall adopt and present to the Authority a budget showing its estimates of its revenue and expenditure in respect of the balance of the financial year in which the budget is presented and thereafter the Board shall before the commencement of each succeeding financial year adopt and present to the Authority a budget showing its estimates of its revenue and expenditure in respect of the succeeding financial year. (2) A budget of the Board shall be of no force or effect until it is approved by the Authority. (3) The Authority may amend a budget of the Board in such a way as it thinks reasonable and shall amend it where necessary and in any item so that it shall as nearly as possible balance for the financial year to which it relates having regard to the sums that may be appropriated by Parliament to the Board and to any other revenues reasonably expected by it for that financial year. (4) When the Authority has approved of a budget of the Board the budget as approved, whether or not it has been amended pursuant to subsection (3), shall be binding upon the Board. 19. Observance of budget by Board. (1) Subject to subsection (2), the Board shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Authority. (2) If during any financial year it appears to the Board that an extraordinary circumstance has arisen which requires that the Board make a disbursement in that financial year that was not provided for in the budget (as approved) for the financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year the Board may make the disbursement or excess disbursement if the Board, prior to making such disbursement or excess disbursement- (a) passes a resolution approving that the disbursement or excess disbursement be made; and

504 Fraser Island Public Access Act 1985, No. 38 (b) ensures that the budget as approved by the Authority will not then be exceeded in total by the disbursement or excess disbursement. 20. Financial arrangements and investments . (1) For the purposes of discharging its functions and exercising its powers the Board is empowered to enter into financial arrangements within the meaning of the Statutory Bodies Financial Arrangements Act 1982 with the Treasurer or any other person and in respect of the Board as a statutory body within the meaning of that Act the provisions of Part IV of that Act other than the provisions of sections 25A, 25B, 27 (4), 28 (4) and (5), 33 to 39 (both inclusive), 40 (4) and 47 (1) and (2) apply. (2) The Board is empowered to invest its moneys which are not immediately required for the discharge of its functions or the exercise of its powers in any investment prescribed by section 48 of the StatutoryBodies Financial Arrangements Act 1982 as a permissible investment' for a statutory body within the meaning of that Act and in respect of the Board as such a statutory body the provisions of Part V of that Act other than the provisions of sections 49, 50 (1) and 52 apply. PART VI-PERMIT PROVISIONS 21. Permits required in respect of Recreation Area. (1) Subject to subsection (4), a person shall not- (a) enter the Recreation Area; or (b) traverse any part of the Recreation Area with any vehicle, team, horse or other animal, except- (c) where he is a resident of Fraser Island; (d) where he holds a tenure of land on Fraser Island; (e) where he is a member of the household of any person referred to in provision (c) or (d); (f) where he does so as a necessary part of his employment, trade, business or profession (not being that of a commercial tour operator) in providing goods, works or services on Fraser Island and only to the extent necessary for that purpose; or (g) under the authority of and in compliance in every respect with a permit or other authority granted under this Act or under any other law that applies in the Recreation Area. Penalty: $1 000. (2) A commercial tour operator shall not conduct, or cause to be conducted, or advertise or hold himself out as available to conduct a member of the public on a tour of, or excursion or visit to the Recreation

Fraser Island Public Access Act 1985, No. 38 505 Area, except under the authority of and in compliance in every respect with a permit or other authority granted under this Act. Penalty: $5 000. (3) A person shall not occupy, reside or camp on, or enclose any land or waters, or erect or place any hut, tent, caravan or other structure of any kind on the Recreation area except under the authority of and in compliance in every respect with a permit granted under this Act or under any other. law that applies in the Recreation Area. Penalty; $1 000. (4) Nothing in this section shall be read or construed as excusing or excepting a person from obtaining a permit or other authority and paying fees pursuant to this Act if he engages, for payment of moneys or for any other reward or consideration, in any activity utilising the recreational values or facilities of the Recreation Area. 22. Power of Board to grant permits. (1) The Board (or any person duly authorized for that purpose by the Board) may in writing authorize a person to do, carry out or perform any one or more of the following:- (a) enter the Recreation Area; (b) bring any vehicle (including passengers) into the Recreation Area; (c) bring any animal into the Recreation Area; (d) camp in the Recreation Area; (e) erect or place any tent. caravan or other shelter in the Recreation Area; (f) in the case of a commercial tour operator- (i) conduct a tour or tours of the recreation Area and for that purpose to take with him a stipulated number of persons; (ii) conduct a tour or tours of the Recreation Area and for that purpose to take with him persons who hold a permit under this section. (2) An application for a permit under this section shall be made to the Board in or to the effect of the prescribed form and the applicant shall comply with all conditions prescribed by the regulations. The Board shall consider each application and may grant or refuse it. When an application is granted pursuant to this section the Board shall cause a permit to be issued in respect thereof.

506 Fraser Island Public Access Act 1985, No. 38 (3) A permit under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall authorize the holder to do such acts and things as are prescribed; (d) shall be subject to such terms, conditions or restrictions as are prescribed and to such further terms, conditions or restrictions as the Board in a particular case thinks fit, inserted therein or endorsed thereon; (e) shall be subject to the payment of such fees or other charges (if any) and to such conditions as to the payment thereof as the Board determines; (f) shall be in force for the period stated or endorsed on the permit; (g) may be suspended, surrendered. revoked, cancelled or amended by the Board at any time. (4) Where a permit granted under this section is revoked, surrendered or cancelled it shall thereupon cease to be of any force or effect and shall be treated as if the period for which it was granted had expired. (5) A permit granted under this section shall- (a) for the purposes of the National Parks and Wildlife Act1975-1984; and (b) for the purposes of the Forestry Act 1959-1984, be taken to be a permit lawfully granted under those Acts. 23. Exemptions . The Board may issue a certificate to any person subject to such terms, conditions and restrictions as are inserted in or endorsed on the certificate exempting him from the provisions of this Part and such certificate of exemption shall take effect according to its terms until it is revoked by the Board. PART VII-RECOVERY OF PENALTIES BY NOTICES 24. Interpretation . In this Part- "owner " means in relation to a vehicle that is registered in a State or Territory of the Commonwealth under a law of that State or Territory providing for the registration of vehicles, the person in whose name the vehicle is so registered; "prescribed infringement " means an offence defined in section 21, 30, 35 ( 1) (g), (i) and (k) or 36 ( c) or an offence provided for in the by-laws; "statutory declaration" means a declaration under and in accordance with the Oaths Act1867-1981. 25. Service and effect of infringement notice. (1) Where an authorized officer believes on reasonable grounds that a prescribed infringement

Fraser Island Public Access Act 1985, No. 38 507 has been committed. he may serve or cause to be served an infringement notice in accordance with this Part. (2) An infringement notice may be served- (a) where the prescribed infringement concerns a vehicle or animal and that vehicle or animal remains in the Recreation Area- (i) by serving the notice personally on any person who is driving, riding or appears to be in charge of the vehicle or animal; or (ii) in the case of the vehicle, by securely placing or affixing the notice on the vehicle in a conspicuous position; (b) where the prescribed infringement concerns a vehicle and the owner of the vehicle has furnished a declaration in accordance with section 26 (3)- (i) by serving the notice personally or by post on the person whose name is specified in the declaration as that of the person in charge of the vehicle at the time of the prescribed infringement alleged; or (ii) by leaving the notice at the place of residence or business of that person last known to the authorized officer with some person apparently over the age of 16 years and apparently an occupant of or employed at that place; (c) where the prescribed infringement concerns a vehicle and a declaration has been furnished in accordance with section 26 (4)- (i) by serving the notice personally or by post on the person whose name is specified in the declaration as that of the person to whom the vehicle has been sold before the time of the prescribed infringement alleged; or (ii) by leaving the notice at the place of residence or business of that person last known to the authorized officer with some person apparently over the age of 16 years and apparently an occupant of or employed at that place, (d) in any other case- (i) where the prescribed infringement concerns a vehicle or animal, by serving the notice personally on the person who appears to have committed that prescribed infringement or, in the case of a vehicle, by serving the notice personally or by post on the owner of the vehicle; or where the prescribed infringement does not concern a vehicle or animal, by serving the notice personally or by post on the person who appears to have committed the prescribed infringement,

508 Fraser Island Public Access Act 1985, No. 38 or in either case, where service by post is permissible, by leaving the notice at the place of residence or business of such owner or person last known to the authorized officer with some person apparently over the age of 16 years and apparently an occupant of or employed at that place. (3) Where an infringement notice in relation to a prescribed infringement is to be served by post on a person it may be addressed to him- (a) in the case of the owner of a vehicle registered under a law of a State or Territory of the Commonwealth providing for the registration of vehicles, at the latest address of the owner shown in the record of registration of the vehicle; (b) in the case of a person whose name is specified in a declaration furnished in accordance with section 26 (3) or 26 (4), at his address shown in the declaration; or (c) in any other case, at the place of residence or business of that person last known to the authorized officer. (4) Where an infringement notice is served as provided in sub- paragraph (ii) of paragraph (a) of subsection (2), it shall be deemed to be served on the owner of the vehicle. (5) An infringement notice shall be in a form as prescribed and shall- (a) be identified by a serial number; (b) subject to subsection (6), clearly show on its face the full name, or surname and initials, and address of the person on whom it is served; (c) clearly specify the nature of the prescribed infringement alleged; (d) where the prescribed infringement concerns a vehicle or animal, clearly specify the vehicle or animal; (e) clearly specify the day, time and place of the commission of the prescribed infringement alleged; (f) contain a notification to the person on whom it is served that, if he does not wish the matter to be dealt with by a court, he may before the expiration of the period of 14 days after such service or within such further time as the Board or an officer nominated by it in that behalf and specified therein, whether before or after the expiration of that period, allows, pay to the Board the amount of the prescribed penalty specified in the notice; (g) specify the place at which and the manner in which the prescribed penalty may be paid; and (h) where the prescribed infringement concerns a vehicle, inform the person on whom it is served in general terms of the provisions of subsections (3), (4), (6), (7), (8) and (9) of section 26.

Fraser Island Public Access Act 1985, No. 38 509 (6) Art infringement notice that is served as provided in subparagraph (ii) of paragraph (a) of subsection (2) may be addressed to "the owner" of the vehicle without further description of the owner. (7) Where an infringement notice has been served and before the expiration of the period of 14 days or within such further time as the Board, or the officer nominated by it in that behalf, whether before or after the expiration of that period, allows, the amount of the prescribed penalty is paid in accordance with the notice- (a) any liability of a person in respect of the alleged prescribed infringement shall be deemed to be discharged; (b) no further proceedings shall be taken in respect of the alleged prescribed infringement. (8) Nothing in this section prevents the service of more than one notice in respect of the same prescribed infringement, but it is sufficient for the application of subsection (7) to a person on whom more than one such notice has been served for the person to pay the prescribed penalty in accordance with any one of the notices so served on him. (9) Where the amount of the prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation. (10) Except as provided in subsection (7), nothing in this section in any way prejudices or affects the institution or prosecution of proceedings in respect of an alleged prescribed infringement or limits the amount of the penalty that may be imposed by a court in respect of a prescribed infringement. (11) Nothing in this section shall be construed as requiring the serving of a notice under this section or as affecting the liability of a person to be prosecuted in a court in respect of an alleged prescribed infringement in relation to which a notice has not been served. 26. Liability for prescribed infringements and exculpation . (1) Except as provided in this section where- (a) a prescribed infringement that concerns a vehicle occurs; and (b) an infringement notice in relation to the infringement is served on the owner of the vehicle, the owner of the vehicle at the time of the infringement shall be deemed to have committed the infringement notwithstanding that the actual offender may have been another person. (2) Nothing in this section affects the liability of an actual offender other than the owner of the vehicle but- (a) the owner and the actual offender shall not both be liable for the same prescribed infringement; and (b) where a penalty has been imposed on a person in respect of a prescribed infringement, a further penalty shall not be 20

510 Fraser Island Public Access Act 1985, No. 38 imposed upon or recovered from another person in respect of the same prescribed infringement. (3) The owner of a vehicle shall not, by virtue of this section, be deemed to have committed a prescribed infringement if, not later than 10 days after the service on the owner of a summons in respect of the prescribed infringement alleged, there is furnished to the Board a statutory declaration made by the owner or, where the owner is a body corporate by a director, manager or secretary of the body corporate, stating- (a) in the case where the owner is a body corporate- (i) that the declaration is made for the purposes of this section; (ii) that the vehicle was not being used for the purposes of the body corporate at the time of the prescribed infringement alleged; and (iii) the name and address of the person who was in charge of the vehicle at that time; and (b) in any other case- (i) that the declaration is made for the purposes of this section; (ii) that he was not in charge of the vehicle at the time of the prescribed infringement alleged; and (iii) the name and address of the person who was in charge of the vehicle at that time. (4) The owner of a vehicle shall not, by virtue of this section, be deemed to have committed a prescribed infringement if, not later than 10 days after the service on him of a summons in respect of the prescribed infringement alleged, there is furnished to the Board a statutory declaration made by him or, where the owner is a body corporate, by a director, manager or secretary of the body corporate, stating- (a) in the case where the owner is a body corporate- (i) that the declaration is made for the purposes of this section; and (ii) facts which establish that the body corporate had sold the vehicle before the time of the prescribed infringement alleged and which include the name of the person to whom the vehicle was so sold and the address at which such person may be readily located, the time of the sale, and the name and address of the agent, if any, who made the sale on behalf of the body corporate; and (b) in any other case- (i) that the declaration is made for the purposes of this section; and (ii) facts which establish that he had sold the vehicle before the time of the prescribed infringement alleged and which

Fraser Island Public Access Act 1985, No. 38 511 include the name of the person to whom the vehicle was so sold and the address at which such person may be readily located, the time of the sale, and the name and address of the agent, if any, who made the sale on his behalf. (5) Where a declaration has been furnished in accordance with subsection (4), the provisions of this section shall thereafter have effect as if the person named in the declaration as the person to whom a vehicle was sold were, as from the time of the sale, the person in whose name the vehicle is registered under a law of a State or Territory of the Commonwealth providing for the registration of vehicles. (6) The owner of a vehicle that an alleged prescribed infringement concerns may- (a) where an infringement notice has, otherwise than under subparagraph (ii) of paragraph (a) of section 25 (2), been served on the owner in relation to the prescribed infringement, not later than 10 days after the date of service of the notice; or (b) where an infringement notice has not, otherwise than under subparagraph (ii) of paragraph (a) of section 25 (2), been served on the owner in relation to the prescribed infringement, not later than 10 days. after the date of service of a summons for the prescribed infringement, furnish to the Board a statutory declaration made by the owner or, where the owner is a body corporate, by a director, manager or secretary of the body corporate, stating- (i) in the case where the owner is a body corporate- (A) that the declaration is made for the purposes of this section; (B) that to the knowledge of the declarant, from the facts as set out in the declaration, the vehicle was not being used for the purposes of the body corporate at the time of the prescribed infringement alleged; (C) that the declarant has not been able to ascertain who was in charge of the vehicle at that time; and (D) the nature of the inquiries made for the purposes of ascertaining the name and address of the person who was in charge of the vehicle at that time; and (ii) in any other case- (A) that the declaration is made for the purposes of this section; (B) that the owner was not in charge of the vehicle at the time of the prescribed infringement alleged; (C) that he has not been able to ascertain who was in charge of the vehicle at that time, and

512 Fraser Island Public Access Act 1985, No. 38 (D) the nature of the inquiries made for the purpose of ascertaining the name and address of the person who was in charge of the vehicle at that time. (7) The owner of a vehicle that an alleged prescribed infringement concerns may- (a) where an infringement notice has, otherwise than under subparagraph (ii) of paragraph (a) of section 25 (2), been served on the owner in relation to the prescribed infringement, not later than 10 days after the date of service of the notice; or (b) where an infringement notice has not, otherwise than under subparagraph (ii) of paragraph (a) of section 25 (2), been served on the owner in relation to the prescribed infringement, not later than 10 days after the date of service of a summons for the prescribed infringement, furnish to the Board a statutory declaration made by the owner or, where the owner is a body corporate, by a director, manager or secretary of the body corporate. stating- (i) that the declaration is made for the purposes of this section; and (ii) facts which establish that the vehicle was at the time of the alleged prescribed infringement, stolen or illegally taken or used. (8) At the hearing of a prosecution for a prescribed infringement against the owner of a vehicle who has furnished a declaration under subsection (6), the court shall dismiss the charge if it is satisfied (whether on the statements contained in the declaration or otherwise) that- (a) in the case where the owner is a body corporate- (i) the vehicle was not being used for the purposes of the body corporate at the time of the prescribed infringement alleged; and (ii) the inquiries made for the purpose of ascertaining the name and address of the person who was in charge of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence; and (b) in any other case- (i) the owner was not in charge of the vehicle at the time of the prescribed infringement alleged; and (ii) the inquiries made for the purpose of ascertaining the name and address of the person who was in charge of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence. (9) At the hearing of a prosecution for a prescribed infringement against the owner of a vehicle who has furnished a declaration under

Fraser Island Public Access Act 1985, No. 38 513 subsection (7), the court shall dismiss the charge if it is satisfied (whether on the statements contained in the declaration or otherwise) that the vehicle was, at the time of the alleged prescribed infringement, stolen or illegally taken or used. 27. Facilitation of proof . (1) At the hearing of a prosecution for a prescribed infringement in relation to which an infringement notice has been served under section 25, a certificate purporting to be signed by the Board or an officer nominated by it in that behalf and stating- (a) that- (i) the Board or that nominated officer did not allow further time, for the purpose of section 25 (7), for the payment of the prescribed penalty in respect of the prescribed infringement; and (ii) the prescribed penalty in respect of the prescribed infringement was not paid in accordance with the infringement notice within 14 days after the date of service of the notice, or (b) that- (i) the Board or that nominated officer allowed, for the purpose of section 25 (7), the further time specified in the certificate for the payment of the prescribed penalty in respect of the prescribed infringement; and (ii) the prescribed penalty in respect of the prescribed infringement was not paid in accordance with the infringement notice within the time referred to in paragraph (a) or within the further time so allowed for the purpose of section 25 (7), is evidence of the matters contained therein. (2) At the hearing of a prosecution for a prescribed infringement, a certificate purporting to be signed by the Board, or an officer nominated by it in that behalf, and stating that a person specified in the certificate has not, in relation to that prescribed infringement, furnished a statutory declaration to the Board for the purpose of a provision of section 26 is evidence of the matters contained therein. (3) In any proceeding for the purpose of this Part- (a) a certificate or document- (i) purporting to be issued pursuant to the regulations under the Main Roads Act 1920-1984 or pursuant to any corresponding legislation, ordinance or law of any State or Territory of the Commonwealth; or (ii) purporting to be under the hand of the Secretary or the Commissioner of Main Roads, or any person authorized by the Commissioner of Main Roads in that behalf, or to be under the hand of the person or authority charged with the registration of vehicles under any legislation,

514 Fraser Island Public Access Act 1985, No. 38 ordinance or law of any State or Territory of the Commonwealth corresponding to the regulations under the Main Roads Act 1920-1984, or any person authorized by such person or authority in that behalf, which states that on any date or during any period the vehicle specified in the certificate or document was registered in the name of the person specified therein is admissible in evidence and is evidence that the person specified in the certificate or document was the owner of the vehicle specified therein at the time or during the period specified therein and, in the absence of evidence to the contrary, is conclusive evidence of such ownership; and (b) a certificate or document referred to in paragraph (a) shall be taken to have been duly issued or given until the contrary is proved. 28. Service of copy of declaration under subsection ( 3) or (4) of s. 26. (1) Where a person is named in a declaration furnished under section 26 (3) as being the person who was, at the time of the prescribed infringement alleged, in charge of the vehicle that the prescribed infringement concerns- (a) that person shall not at the hearing of a prosecution for the prescribed infringement be found guilty of the prescribed infringement unless a copy of the declaration has, prior to the hearing, been served on him in the same manner as a summons may be served under the Justices Act 1886-1982; and (b) the declaration is admissible in evidence in a prosecution for the prescribed infringement against that person and is evidence that that person was in charge of the vehicle at that time. (2) Where a person is named in a declaration furnished under section 26 (4) as being the person to whom the vehicle that the prescribed infringement concerns was sold before the time of the prescribed infringement- (a) that person shall not at the hearing of a prosecution for the prescribed infringement be found guilty of the prescribed infringement unless a copy of the declaration has, prior to the hearing, been served on him in the same manner as a summons may be served under the Justices Act 1886-1982; and (b) the declaration is admissible in evidence in a prosecution for the prescribed infringement against that person and is evidence that that person was the owner of the vehicle at that time. (3) At the hearing of a prosecution for a prescribed infringement, a document purporting to be a declaration furnished in accordance with

Fraser Island Public Access Act 1985, No. 38 515 section 26 (3) or (4) shall, unless the contrary is shown, be taken to be such a declaration duly made and furnished. 29. Offences . A person shall not remove, deface or interfere with an infringement notice affixed to a vehicle pursuant to subparagraph (ii) of paragraph (a) of section 25 (2) unless he is the owner or other person in charge of the vehicle to which the infringement notice is affixed. Penalty: $500. PART VIII-GENERAL PROVISIONS 30. Regulating movement of vehicles and vessels . (1) The Board may by erecting a notice or notices on or adjacent to the Recreation Area regulate and prohibit the movement of vehicles and vessels in that Area. (2) A person who fails to comply with or contravenes a provision of a notice mentioned in subsection (1) commits an offence. (3) A person shall not- (a) drive or ride a vehicle or vessel in the Recreation Area- (i) in a manner that causes or is likely to cause that vehicle or vessel to swerve, veer or turn violently; (ii) at a speed or in any other manner that causes or is likely to cause- (a) danger to himself; (b) danger or inconvenience to any other person lawfully within the Recreation Area; or (c) damage to the Recreation Area; (b) use a vehicle or vessel in the Recreation Area in a manner that disrupts or is likely to disrupt the peaceful existence of any person lawfully in that Area. Penalty: $1 000. 31. Authorised officer may direct a person to leave Recreation Area. An authorised officer may direct a person- (a) who has committed or attempted to commit an offence against this Act in the Recreation Area; or (b) who he suspects, on reasonable grounds of having committed or attempted to commit, an offence against this Act in the Recreation Area, to leave the Recreation Area and the person shall comply with that direction. 32. Seizure and forfeiture of vehicles and vessels . (1) Any authorised officer may, if he believes, on reasonable grounds, that a vehicle or

516 Fraser Island Public Access Act 1985, No. 38 vessel, not registered in a State or Territory of the Commonwealth under a law of that State or Territory providing for the registration of vehicles or, as the case may be, vessels, presently within the Recreation Area is being or has been used in connexion with an offence against section 21, 30 or 35 (1) (i) seize, remove and detain that vehicle or vessel. (2) A vehicle or vessel seized under this section may be detained for a period of 3 months or until the final determination (including the determination of an appeal therein, if any) of proceedings taken within that period in relation to the vehicle or vessel, whichever time is the longer. (3) Notwithstanding subsection (2), where the owner or other person claiming a proprietary interest in a vehicle or vessel being detained under this section produces to an authorized officer at a place where that vehicle or vessel is being detained- (a) proof to the authorized officer's satisfaction of such ownership or interest; and (b) where that person was not using the vehicle or vessel at the time of commission of the alleged offence referred to in subsection (1), proof to the authorized officer's satisfaction of the identity and address of the person who was using the vehicle or vessel at that time, the vehicle or, as the case may be, vessel shall be returned to him forthwith upon his signing a receipt for the same. (4) At any time when a vehicle or vessel seized under this section is being detained under the authority of this Act the owner or other person claiming a proprietary interest therein may apply to a Magistrates Court constituted under the Justices Act 1886-1982 having jurisdiction at the place where the vehicle or vessel is detained for an order that the vehicle or, as the case may be, vessel be returned to him. Notice of such an application shall be given to the person in whose custody the vehicle or vessel is held. (5) If the court which hears an application made under subsection (4) is satisfied that- (a) the applicant has an interest in the vehicle or vessel that should be protected; and (b) the vehicle or vessel is not required to be further detained for the purpose of legal proceedings, it may order the vehicle or, as the case may be, vessel be returned to him, but if it is not satisfied it shall strike out the application and make such order as to costs as it thinks fit. (6) If an order for the return of a vehicle or vessel is made under subsection (4), such order shall take effect but where no such order is duly made and the time for which the vehicle or vessel may be detained

Fraser Island Public Access Act 1985, No. 38 517 has expired the vehicle or, as the case may be, vessel may be dealt with as follows:- (a) if the owner of the vehicle or vessel claims it within 30 days after such expiration, the same shall be returned to him; (b) if the owner of the vehicle or vessel does not claim it within that period, the same shall be forfeited and become the property of the Crown and shall be disposed of in such manner as the Authority directs. 33. Protection for persons administering Act. A person shall not incur any liability on account of any thing done bona fide and without negligence for the purposes of this Act for damage or injury alleged to arise by reason thereof. 34. Unauthorized obstructions in the Recreation Area. (1) A person shall not erect any building or structure, or deposit any thing within the Recreation Area. (2) A person shall not be guilty of an offence against subsection (1) if he shows that the building or structure was erected or the thing was deposited under the authority of this Act, or of a permit granted under this Act, or of a permit or other authority granted by the Board or under any other Act. (3) Where any building or structure is erected or any thing is deposited within the Recreation Area without the authority referred to in subsection (2) it is lawful for an authorized officer- (a) to seize such building or structure, including any contents thereof, or thing; and (b) to demolish and remove or demolish or remove from the Recreation Area or to a place within the Recreation Area such building, structure, contents or thing, on behalf of the Crown. .Anything seized pursuant to this subsection shall thereby become and be the property of the Crown and shall be disposed of in such manner as the Authority directs. (4) The amount of costs and expenses incurred in demolishing, removing and disposing of anything removed pursuant to subsection (3) shall be a debt due and owing to the Crown by the person who caused the structure or building to be erected or the thing to be deposited in the Recreation Area and such amount may be recovered by the Board on behalf of the Crown by action for debt in a court of competent jurisdiction. 35. Specific offences. (1) A person shall not- (a) assault, obstruct, hinder, threaten, abuse, insult, or intimidate an authorized officer in the exercise of his powers or the

518 Fraser Island Public Access Act 1985, No. 38 discharge of his duties under this Act, or offer or attempt, or incite or encourage any other person, so to do; (b) fail to facilitate by all reasonable means the entry and inspection of any place by an authorized officer; (c) refuse to allow to be removed, seized or detained under this Act any building, structure, vehicle, vessel or thing; (d) take, retake, remove or otherwise interfere with or attempt to take, retake, remove or otherwise interfere with anything removed, seized or detained under this Act; (e) when required by or under this Act to furnish any assistance or to furnish any information to an authorized officer fail to furnish that assistance or information, as the case may be, or. in the latter case, furnish information which is in any respect false or misleading; (f) fail, without reasonable excuse, the proof whereof shall lie upon him, to produce any licence, permit, or other authority, book. notice, record, list, document, or writing which he is required under this Act by an authorized officer to produce, or fail to allow an authorized officer to take a copy of or extract from any such licence, permit, or other authority, book. notice, record, list, document, or writing; (g) fail to comply with the lawful requisition or any part of the lawful requisition of an authorized officer; (h) give or agree to give or offer to an authorized officer any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown by such officer in or in relation to the exercise of his powers or the discharge of his duties under this Act: (For the purpose of this paragraph, a gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation thereof would be in any way likely to influence the officer to do or leave undone something contrary to his duty); (i) without lawful authority, the proof whereof shall lie upon him, take, destroy, damage, or otherwise interfere with or cause to be taken, destroyed, or otherwise interfered with any buildings, fences, gates, roads, tracks, works, notices, signs, materials, tools, goods, or chattels of any nature being on the Recreation Area; (j) within the Recreation Area behave in a manner likely to cause danger, inconvenience or annoyance to any person; (k) within the Recreation Area behave in a manner likely to cause C mage to the natural resources of the Recreation Area; or

Fraser Island Public Access Act 1985, No. 38 519 (1) having left the Recreation Area pursuant to a direction given to him under section 31, on the same day as the direction was given re-enter or enter the Recreation Area. (2) A person shall not be obliged under this Act to answer any question, or give any information or evidence, or to sign any declaration tending to incriminate himself. 36. Forgery of licence , etc., and other offences. A person shall not- (a) forge or counterfeit any licence, permit, certificate, or other authority granted under and for the purposes of this Act; or (b) utter, or make use of any such licence, permit, certificate, or other authority so forged or counterfeited; or (c) unlawfully, alter, obliterate, deface, pull up, remove, or destroy any boundary-mark or any notice which has been posted in any place for the purposes of this Act; or (d) personate any person named in any licence, permit, certificate, or other authority granted under and for the purposes of this .Act; or (e) make or cause to be made in any book, record, return, declaration, or statement directed by this Act to be kept or made, any entry or writing which is to his knowledge false in any material particular; or (f) connive at any such forging, counterfeiting, uttering, making use, fixing, making, using, personating, or ma] ing of the entry or writing, as aforesaid. Penalty: $1 000; or imprisonment for 12 months. 37. Offences generally. (1) (a) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (b) Every person who attempts, aids, abets, counsels, or procures, or is in any way knowingly concerned in, the commission of an offence against this Act shall be deemed to have committed that offence, and shall be punishable accordingly. (c) Where by this Act any authority is given to any person to direct anything to be done or to forbid anything to be done and anything so directed to be done is not done or anything so forbidden to be done is done, then every person who has offended against such direction or, as the case may be, prohibition shall be guilty of an offence against this Act. (2) Any person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, to a penalty of $1 000. (3) Any person guilty of an offence against any provision of this Act relating to the Recreation Area or any property of the Crown, shall,

520 Fraser Island Public Access Act 1985, No. 38 in every case, be liable for all loss and all damage caused by that offence, in addition to the penalty for the offence, and such loss and damage may be awarded by the court in fixing the penalty, and may be recovered in the same way as a pecuniary penalty. For the purposes of this subsection, the loss and damage caused by the offender shall include the value of the damage to any works or improvements thereon caused by the offence: Provided that all such loss and damage may be recovered by the Board by action as for a debt in any court of competent jurisdiction. (4) Penalties imposed for offences against this Act shall be in addition to and not in substitution for any penalty or fine (pecuniary or otherwise) imposed by or under any agreement, contract, lease, permit, or licence or other authority under this Act. (5) Any penalty or punishment to which the person convicted may be liable under this Act upon his conviction shall be in addition to any forfeiture under this Act. (6) (a) A prosecution for an offence against this Act shall be taken by way of summary proceedings under the Justices Act 1886-1982, on complaint by an authorized officer or other person thereto authorized by the Board, within 12 months after the offence is committed or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. (b) For the purposes of this Act, an authorized officer or other person authorized by the Board pursuant to subparagraph (a) shall be deemed to be a public officer for the purposes of section 142A of the Justices Act 1886-1981. (7) All amounts of fees and charges of any kind payable under this Act and not paid may be recovered as a debt in a court of competent jurisdiction by action taken by the Board, through a person appointed in writing by the Board in that behalf. (8) A complaint for an offence against this Act may be heard and determined at a place appointed for holding Magistrates Courts within the Magistrates Courts district within which or within 50 kilometres of which- (a) the offence was committed or the matter of complaint arose; (b) the offender was served with the summons; (c) a vehicle or other thing connected with the offence is subsequently found. It is immaterial for the purposes of this section that the person charged with the offence is not the person in whose keeping the vehicle or other thing in connexion with the offence was found. 38. Judicial notice . Judicial notice shall be taken of every notification under this Act published in the Gazette.

Fraser Island Public Access Act 1985, No. 38 521 39. Board may appear by officer . (1) The Board may appear before any court or in any proceedings by any authorized officer or other person authorized by the Board in that behalf either generally or in the particular case , and such officer or other person shall be at liberty to institute and carry on any proceedings which the Board is authorized to institute and carry on under this Act. (2) The authorized officer or other person shall be reimbursed all costs, charges, and expenses to which he may be put or with which he may become chargeable by reason of anything contained in this provision. (3) If any person against whom the Board has any claim or demand under this Act takes the benefit of any law for the relief of insolvent debtors, the authorized officer or other person, in all proceedings against the estate of such insolvent or under any adjudication, sequestration, or act of insolvency against or by such insolvent, may represent the Board and act on its behalf in all respects. (4) The provisions of this section shall be in addition to and not in derogation of any other provisions of this Act relating to the institution of any proceedings by or against the Board. 40. Authentication of writings . Every notice, order, process, document, or other writing whatsoever requiring authentication by the Board shall be sufficiently authenticated with the seal of the Board or, without the seal of the Board, if signed by any person authorized by the Board in that behalf. 41. Evidentiary aids . In any proceedings under or for the purposes of this Act- (i) it shall not be necessary to prove the appointment of an authorized officer or the authority of any person authorized to do any act or to take the proceedings or to give any direction or order, but this shall not prejudice the right of any defendant to prove the extent of such authority; (ii) a signature purporting to be that of any authorized officer shall be taken to be the signature it purports to be until the contrary is proved; (iii) it shall not be necessary to prove the limits of any area or locality whatsoever, or that any place is within the Recreation Area, or an area or a locality, or part thereof. but this shall not prejudice the right of any defendant to prove the limits of the area or locality or that any place is not within the Recreation Area. area, or locality, or part thereof: (iv) a document purporting to be a duplicate or a copy of a permit, or other authority, agreement or contract, notice, or order granted, given or made under this Act shall, upon its production in evidence, be evidence of that permit, other authority, agreement or contract, notice, or, as the case may

522 Fraser Island Public Access Act 1985, No. 38 be, order, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence thereof; (v) a document purporting to be executed by the Board under its seal, and stating that at any specified time there was or was not in force an agreement, contract, permit, licence, certificate, or other authority, as described therein granted, given or made under this Act to or with a specified person, and, if stated therein, that such agreement, contract, permit, licence, certificate, or other authority was or was not subject to terms, conditions, or restrictions, or was or was not issued or made subject to the provisions, conditions, and restrictions set out in that document, or that at any specified time a specified person was or was not exempted from any specified provisions of this Act, shall, upon its production in evidence, be evidence of the matters in that document, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters; (vi) a document purporting to be a copy of any letter or telegram and purporting to be executed by the Board under its seal, and purporting to authorize any person to institute any legal proceedings shall be admissible in evidence at the proceedings, and shall be accepted as evidence of the authority of the person to institute and prosecute the proceedings; (vii) the averment in any complaint of the date on which the commission of any offence under this Act came to the knowledge of the complainant shall be evidence of that matter and in the absence of evidence in rebuttal shall be conclusive evidence of such matter; (viii) a map or plan purporting to be made by the Board or by an authorized officer and sealed with the seal of the Board, or purporting to be issued or published by any Department of the Government of this State or any officer thereof, shall, upon its production in evidence, be evidence of the matters stated or delineated thereon, and in the absence of ev-?ence in rebuttal thereof, shall be conclusive evidence of such matters; (ix) copies of any plans, sections, specifications and books of reference relating to matters arising under this Act, or of any alteration or correction thereof, or extracts therefrom, certified by an authorized officer or by a person authorized by the Board in that behalf to be true copies or, as the case may be, extracts thereof (which certificates such officer or person shall give to all parties interested when required, on payment of such fees as are prescribed) shall, upon production in evidence, be evidence of the contents thereof, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of the contents thereof; (x) a document purporting to be executed by the Board under its seal, and certifying that the amount of fees, rents,

Fraser Island Public Access Act 1985, No. 38 523 compensation, costs, charges, expenses , or other sums specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence to the contrary, shall be conclusive evidence of such matter or matters; (xi) any document whatever purporting to be issued or written by or under the direction of the Board, and purporting to be signed by the Board under its seal, shall be received in evidence and shall be deemed to be issued or written by or under the direction of the Board until the contrary is proved: (The expression `document" includes any order, direction, and notice). 42. Service of notices , etc. (1) Unless otherwise expressly provided, a notice, order, direction, or other document empowered, authorized, or required by a provision of this Act to be served upon, or given, or delivered to any person by the Board or any authorized officer or any person authorized by the Board may be so given, delivered, or served- (1) by delivering the same or a copy thereof to that person (or his manager. servant, or agent) personally or by leaving the same or a copy thereof at his last known business or residential address: (ii) by prepaid post letter containing the same, or a copy thereof, and addressed to that person at his usual place of business or residential address, or at his last known business or residential address, in which case it shall be deemed to be so served, given, or delivered at the time when that letter would he received by that person in the ordinary course of post or (iii) by prepaid certified mail letter containing the same, or a copy thereof, and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given, or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post. (2) A person or his manager, servant, or agent shall, if thereunto required by an authorized officer or person authorized by the Board, acknowledge any notice, order, direction, or other document given, delivered, or served under this Act, by signing the original or, as the case may be, duplicate copy retained by that officer or person. 43. Orders in Council . Section 28A of the Acts Interpretation Act1954-1984 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.

524 Fraser Island Public Access .4a 1985, No. 38 44. Liability for offence by servant . ( 1) Where a person commits an offence against this Act as a servant, then , without derogating from section 7 of The Criminal Code, the employer of that person shall be deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly. It is immaterial that the offence was committed without the authority of or contrary to the instructions of the employer. (2) A person is not liable to be convicted of an offence against this Act committed by him as a servant if he satisfies the court that the offence was committed while the business of his employer was being conducted under the personal superintendence of that employer or of a manager or any other representative of that employer and that the offence was committed with the knowledge of that employer, manager or representative. (3) Save as provided by subsection (2), this section applies so as not to prejudice liability imposed by or under this Act on any person by whom an offence against this Act is actually committed. 45. Liability for offence by body corporate . (l) Where a body corporate commits an offence against this Act then. without derogating from section 7 of The Criminal Code, each of the following persons shall be deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly:- (a) the person who at the time the offence is committed was the chairman of directors, managing director or other governing officer by whatever name called or other member of the governing body thereof by whatever name called; and (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland thereof. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this A ct committed by it. (3) It is a defence to a charge for an offence against this Act brought against a person specified in subsection ( 1) (a) or (1) (b ) to prove that the offence was committed without that person ' s consent or connivance and that he exercised due diligence to prevent the commission of the offence. 46. By-laws. ( 1) The Board may make by-laws , not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed by by-laws or necessary or convenient to be so prescribed

Fraser Island Public Access Act 1985, No. 38 525 for carrying out or giving effect to the functions and powers of the Board. (2) Without limiting the generality of subsection (1), by-laws may be made in respect of the Recreation Area- (a) regulating or prohibiting access to the whole or part of the Recreation Area by persons or classes of persons, by animals or classes of animals, by vehicles or classes of vehicles, and by vessels or classes of vessels; (b) regulating or prohibiting the access of vehicles and the use of vehicles and providing for signs and markings for that purpose on vehicular carriageways; (c) regulating the conduct of persons; (d) providing for the removal of persons who are believed on reasonable grounds to be trespassers or to have contravened or failed to comply with this Act or a by-law; (e) regulating or prohibiting camping; (f) providing for the safety of persons; (g) providing for fees and charges to be imposed by the Board upon persons entering, camping in or using the Recreation Area or using services or facilities provided within the Recreation Area; (h) providing for the prevention or control of nuisances and the fouling of water; (i) regulating or prohibiting the carrying on of any franchise or concession; (j) regulating the lighting or use of fire on the Recreation Area; (k) regulating or prohibiting. and providing for the imposition and collection of charges for- (i) the parking and stopping of vehicles; (ii) the mooring of vessels; (iii) the landing of aircraft; and (iv) the use of vehicles and vessels; (1) providing for the removal of vehicles, aircraft or vessels from where they have been left in contravention of the by- laws or have been abandoned and for impounding such vehicles, aircraft or vessels; (m) regulating or prohibiting the dumping or disposal of refuse or litter or abandoning of property. (3) The power to make by-laws conferred by this Act may be exercised- (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified ca§es or classes of case; and

526 Fraser Island Public Access Act 1985, No. 38 (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different cases or classes of case. (4) The power to make by-laws, conferred by this Act shall not be taken, by implication to exclude the power to make provision for or in relation to a matter by reason only of the fact that- (a) a provision is made by this Act in relation to that matter or another matter, or (b) power is expressly conferred by this Act to make provision by by-laws for or in relation to another matter. (5) The by'-laws may provide, in respect of an offence against the by-laws, for the imposition of- (a) a fine not exceeding $1 000, or (b) a fine not exceeding $100 for each day during which the offence continues. (6) For the purposes of this Act. the power to make by-laws includes the power to prohibit. 47. Tabling of by-laws. Section 28A of the ActsInterpretation Act19541984 (Tabling of Regulations) shall apply with respect to by-laws made for the purposes of this Act and, for the purposes of that application that section shall be read as if references to regulations were references to by-laws made for the purposes of this Act. 48. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing for all matters and things (whether general or to meet particular cases) that are necessary or convenient for the administration of this Act or for carrying this Act into effect. (2) Without limiting the generality of the power conferred upon the Governor in Council by subsection (1). regulations may be made in respect of the matters set forth in the Schedule. (3) For the purposes of this Act. the power to regulate includes the power to prohibit. SCHEDULE (s. 48) SUBJECT MATTERS FOR REGULATIONS 1. Officers . Prescribing the powers , functions , authorities and duties of authorized officers. 2. Mode of action , etc. Prescribing and defining the manner of doing or performing any act or thing under or for the purposes of this Act. and the time when or within which it shall be done or performed. 3. Procedure . Providing for meetings of the Board and the procedure at such meetings.

Fraser Island Public Access Act 1985, No. 38 527 4. Permits , etc. (a ) Prescribing, regulating, and controlling applications for, and the granting and issuing of permits and other authorities, and the entering into agreements and contracts, under or for the purposes of this Act; prescribing the provisions, conditions, and reservations subject to which all or any such permits, other authorities, agreements, and contracts shall be granted or made, held, transferred, mortgaged, extended, determined, cancelled, forfeited, surrendered, or withdrawn; (b) Prescribing, regulating, and controlling the exercise of the powers and authority conferred by permits, other authorities, agreements and contracts, and all or any matters incidental thereto; (c) Prescribing the conditions under which, and the period or maximum period for which, the obligations, under this Act of the holder of a permit, or other authority, or a party to a contract or agreement to perform any conditions thereof may be suspended; (d) Prescribing the manner and form of forfeiture or cancellation or suspension of permits, other authorities, and agreements and contracts, and the conditions under which such may be made, and the procedure to be observed. 5. Production of permits , etc. Requiring the production of any permit, other authority, agreement or contract by the holder thereof, for the purpose of making an endorsement thereon, or for any other purposes. 6. Forms. Prescribing forms (including registers, records, books, documents, instruments, permits, agreements, contracts, and other writings) under and for the purposes of this Act and the respective purposes for which such forms, or forms to the like effect, shall be used and specifying such information as is required to be contained in such forms, and requiring the verification of any statements inserted in or on any prescribed forms by declaration made under the Oaths Act 1867- 1981. 7. Fees, etc. Prescribing the matters or things in respect whereof fees, costs, charges, and expenses, where such prescription is not otherwise provided for by this Act, shall be payable under this Act and the amounts of such fees, costs, charges, and expenses, and prescribing the persons who shall be liable for the payment of such fees, costs, charges, and expenses, and when such fees, costs, charges, and expenses shall be payable and paid, and providing for the manner of payment thereof and for the recovery of any amount thereof not duly paid. 8. Penalties . Prescribing either generally or for the purpose of any particular regulations the amount of any pecunia71p0e0n0a. lty for an offence with respect thereto, not exceeding in any case 9. Matters prescribed . All matters required or permitted by or under this Act to be prescribed where the manner of prescription is not specified.

528 Fraser Island Public .4ccess Act 1985, No. 38 10. General power. All matters that in the opinion of the Governor in Council may be convenient for the administration of this Act or necessary or expedient to achieve the objects and purposes of this Act.