Great Barrier Reef Marine Park Act 1975 (Cth)

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Great Barrier Reef Marine Park Act 1975

No. 85, 1975

Compilation No. 38

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Great Barrier Reef Marine Park Act 1975 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to establish a Great Barrier Reef Marine Park and for related purposes

Part IPreliminary 1Short title

This Act may be cited as the Great Barrier Reef Marine Park Act 1975.

2Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.

2AObjects of this Act
  1. (1)

    The main object of this Act is to provide for the long term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region.

  2. (2)

    The other objects of this Act are to do the following, so far as is consistent with the main object:

    1. (a)

      allow ecologically sustainable use of the Great Barrier Reef Region for purposes including the following:

      1. (i)

        public enjoyment and appreciation;

      2. (ii)

        public education about and understanding of the Region;

      3. (iii)

        recreational, economic and cultural activities;

      4. (iv)

        research in relation to the natural, social, economic and cultural systems and value of the Great Barrier Reef Region;

    2. (b)

      encourage engagement in the protection and management of the Great Barrier Reef Region by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry;

    3. (c)

      assist in meeting Australia’s international responsibilities in relation to the environment and protection of world heritage (especially Australia’s responsibilities under the World Heritage Convention).

  3. (3)

    In order to achieve its objects, this Act:

    1. (a)

      provides for the establishment, control, care and development of the Great Barrier Reef Marine Park; and

    2. (b)

      establishes the Great Barrier Reef Marine Park Authority; and

    3. (c)

      provides for zoning plans and plans of management; and

    4. (d)

      regulates, including by a system of permissions, use of the Great Barrier Reef Marine Park in ways consistent with ecosystem‑based management and the principles of ecologically sustainable use; and

    5. (e)

      facilitates partnership with traditional owners in management of marine resources; and

    6. (f)

      facilitates a collaborative approach to management of the Great Barrier Reef World Heritage area with the Queensland government.

3Interpretation
  1. (1)

    In this Act, unless the contrary intention appears:

    aggravated contravention has the meaning given by section 38GB.

    aggravated offence has the meaning given by section 38GA.

    agreement includes a treaty or convention.

    aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.

    amendment, in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.

    animal means any member, alive or dead, of the animal kingdom (other than man), and includes:

    1. (a)

      eggs or parts of eggs; and

    2. (b)

      the skin, feathers, shell or any other part of an animal.

    ART means the Administrative Review Tribunal.

    Australian jurisdiction has the meaning given by subsection 5(4).

    Australian resident means:

    1. (a)

      a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or

    2. (b)

      a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or

    3. (c)

      any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.

    Authority means the Great Barrier Reef Marine Park Authority established by this Act.

    CEO means the Chief Executive Officer of the Authority.

    Chairperson means the Chairperson of the Authority.

    charge means charge imposed by:

    1. (a)

      the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993; or

    2. (b)

      the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993.

    chargeable permission means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.

    civil penalty provision has the meaning given by section 61AID.

    class vessel monitoring direction has the meaning given by subsection 61AAA(7).

    community group having a special interest has a meaning affected by section 39V.

    compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations.

    conduct has the same meaning as in the Criminal Code.

    corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.

    declaration of contravention means a declaration made under section 61AIA.

    discharge, in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.

    dory means:

    1. (a)

      a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or

    2. (b)

      a vessel that is used in association with a primary commercial fishing vessel.

    Note: A dory might also be known as a tender commercial fishing vessel.

    ecologically sustainable use has the meaning given by section 3AA.

    ecosystem‑based management means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.

    emergency direction has the meaning given by subsection 61ACA(2).

    enforceable direction has the meaning given by subsection 61ADA(2).

    enforcement provision, in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.

    engage in conduct has the same meaning as in the Criminal Code.

    environmental management means:

    1. (a)

      environmental management;

    2. (b)

      natural resource management;

    3. (c)

      park management (including aquarium management and zoo management); or

    4. (d)

      any similar matter.

    executive officer, of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

    farming facility means a facility for the farming of marine resources.

    Federal Court means the Federal Court of Australia.

    fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.

    fishing means any of the following:

    1. (a)

      taking fish;

    2. (b)

      attempting to take fish;

    3. (c)

      engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.

    geological storage operations means:

    1. (a)

      operations to inject and store a gas substance in part of a geological formation; or

    2. (b)

      operations preparing for or incidental to operations mentioned in paragraph (a).

    Great Barrier Reef Region means:

    1. (a)

      the area described in Schedule 1; and

    2. (b)

      such area (if any) contiguous with the northern boundary of that area as is prescribed;

    other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.

    Great Barrier Reef World Heritage Area means the area described in Schedule 1.

    hovercraft means a vehicle designed to be supported on a cushion of air.

    Indigenous person means a person who is:

    1. (a)

      a member of the Aboriginal race of Australia; or

    2. (b)

      a descendant of an Indigenous inhabitant of the Torres Strait Islands.

    individual vessel monitoring direction has the meaning given by subsection 61AAA(2).

    inspector means:

    1. (a)

      a person appointed as an inspector under subsection 43(1); or

    2. (b)

      a person referred to in section 44.

    landing area means an area for the landing of aircraft.

    late payment penalty means an amount payable under subsection 39G(1), (1A) or (1B).

    Marine Park means the Great Barrier Reef Marine Park established by this Act.

    master means a person having command or charge of a vessel.

    member means a member of the Authority.

    member of the governing body of a relevant interest group has the meaning given by subsection 10(10).

    minerals means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.

    mining operations:

    1. (a)

      means operations or activities connected with, or incidental to, the mining or recovery of minerals; and

    2. (b)

      includes prospecting for or exploring for minerals.

    mitigate, in relation to damage, includes prevent further damage.

    navigate without a pilot has the meaning given by subsections (5) and (6).

    offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.

    official has the meaning given by the Public Governance, Performance and Accountability Act 2013.

    oil has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

    oil tanker means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.

    overall length has the meaning given by subsection (7) or (8).

    owner, in relation to a vessel, has the meaning given by subsection (9) or (10).

    paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

    part‑time member means a member appointed under subsections 10(2) and (2A).

    pecuniary penalty order means an order referred to in subsection 61AIC(2).

    pilot means a person:

    1. (a)

      who does not belong to, but has the conduct of, a vessel; and

    2. (b)

      who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.

    pilot’s certificate means a certificate issued by a pilot under section 59E.

    plan of management means a plan of management for the Marine Park that is prepared in accordance with Part VB.

    plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.

    port has the same meaning as in the Navigation Act 2012.

    precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.

    primary commercial fishing vessel means:

    1. (a)

      a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or

    2. (b)

      a vessel that is used to take fish for commercial purposes.

    principles of ecologically sustainable use has the meaning given by section 3AB.

    prohibited: conduct in a zone is prohibited if the conduct is neither:

    1. (a)

      for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor

    2. (b)

      for a purpose that, under the zoning plan for the zone, requires permission.

    protected species means any of the following:

    1. (a)

      a cetacean;

    2. (b)

      a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;

    3. (c)

      a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;

    4. (d)

      a species declared by the regulations to be a protected species for the purposes of this definition;

    5. (e)

      a species declared by the regulations to be a strictly protected species for the purposes of this definition.

    public notice means a notice published:

    1. (a)

      in the Gazette; and

    2. (b)

      in a newspaper circulating generally in Queensland; and

    3. (c)

      on the website of the Authority; and

    4. (d)

      in such other manner (if any) as the Authority considers appropriate.

    reef includes bommie fields, reef slopes, moats and ramparts.

    regulated ship means any kind of vessel:

    1. (a)

      that is 70 metres or longer in overall length; or

    2. (b)

      that is a loaded:

      1. (i)

        oil tanker; or

      2. (ii)

        chemical carrier; or

      3. (iii)

        liquefied gas carrier;

    other than:

    1. (c)

      a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or

    2. (d)

      a vessel in respect of which an exemption under section 59F is in force.

    remediation order has the meaning given by subsection 61AHA(1).

    reviewable decision has the meaning given by subsection 64(3).

    take, in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.

    this Act includes the regulations.

    traditional owner means an Indigenous person:

    1. (a)

      who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:

      1. (i)

        as having spiritual or cultural affiliations with a site or area in the Marine Park; or

      2. (ii)

        as holding native title in relation to that site or area; and

    2. (b)

      who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.

    unzoned area means that part (if any) of the Marine Park in respect of which no zoning plan is in force.

    vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.

    vessel monitoring direction means an individual vessel monitoring direction or a class vessel monitoring direction.

    vessel monitoring system means a system in which vessels are fitted with an electronic device that can provide information about the vessels’ course or position, or other such information.

    waste means any of the following:

    1. (a)

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

    2. (b)

      noxious liquid substances within the meaning of Part III of that Act;

    3. (c)

      packaged harmful substances within the meaning of Part IIIA of that Act;

    4. (d)

      sewage within the meaning of Part IIIB of that Act;

    5. (e)

      garbage within the meaning of Part IIIC of that Act;

    6. (f)

      mixtures where the oil content is greater than 15 parts in 1,000,000 parts;

    7. (g)

      any other matter that is declared by the regulations to be waste for the purposes of this definition.

    zone means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation).

    zoning plan means a zoning plan prepared in accordance with Division 2 of Part V.

  2. (1A)

    In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999:

    approved conservation advice

    Australian aircraft

    Australian IUCN reserve management principles

    Australian vessel

    biodiversity

    bioregional plan

    cetacean

    critical habitat

    ecological community

    ecosystem

    environment

    heritage value

    IUCN category

    key threatening process

    listed marine species

    listed migratory species

    listed threatened ecological community

    listed threatened species

    recovery plan

    species

    threat abatement plan

    wildlife conservation plan

    World Heritage Convention

    world heritage values

  3. (2)

    In this Act, a reference to the sea‑bed includes a reference to the surface of any coral formation, and a reference to the sub‑soil includes a reference to the coral beneath the surface of any such formation.

  4. (4)

    A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against:

    1. (a)

      section 6 of the Crimes Act 1914; or

    2. (b)

      section 11.1, 11.4 or 11.5 of the Criminal Code;

    that relates to an offence against a provision of this Act.

  5. (5)

    Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it.

  6. (6)

    If:

    1. (a)

      apart from this subsection, a vessel navigates without a pilot; and

    2. (b)

      the vessel is being towed by another vessel that is navigating with a pilot;

    the vessel under tow is to be treated as if it were navigating with a pilot.

  7. (7)

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

  8. (8)

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

    1. (a)

      a vertical line passing through a point that is the foremost part of the stem; and

    2. (b)

      a vertical line passing through a point that is the aftermost part of the stern.

  9. (9)

    Subject to subsection (10), owner, in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted:

    1. (a)

      by the Registrar of Ships under section 19 of the Shipping Registration Act 1981; or

    2. (aa)

      under a law of a State or Territory; or

    3. (b)

      by a foreign registrar of ships.

  10. (10)

    If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.

3AAEcologically sustainable use

For the purposes of this Act, ecologically sustainable use of the Great Barrier Reef Region or its natural resources is use of the Region or resources:

  1. (a)

    that is consistent with:

    1. (i)

      protecting and conserving the environment, biodiversity and heritage values of the Great Barrier Reef Region; and

    2. (ii)

      ecosystem‑based management; and

  2. (b)

    that is within the capacity of the Region and its natural resources to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.

3ABPrinciples of ecologically sustainable use

For the purposes of this Act, the following principles are principles of ecologically sustainable use:

  1. (a)

    decision‑making processes should effectively integrate both long‑term and short‑term environmental, economic, social and equitable considerations;

  2. (b)

    the precautionary principle;

  3. (c)

    the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

  1. (d)

    the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;

  2. (e)

    improved valuation, pricing and incentive mechanisms should be promoted.

3AInterpretation of zoning plans
  1. (1)

    In the interpretation of a zoning plan, this section has effect in addition to section 3.

  2. (2)

    If:

    1. (a)

      a provision of a zoning plan (in this subsection called the first provision) has the effect that a particular activity in a particular area requires permission; and

    2. (b)

      another provision of the zoning plan (in this subsection called the second provision) would, apart from this subsection, have the effect that the same activity in the same area does not require permission;

    the first provision prevails over the second provision.

  3. (3)

    In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of a tourist program is a reference to an activity (whether consisting of a single act or a series of acts) that:

    1. (a)

      is in the course of carrying on business; and

    2. (b)

      is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.

  4. (4)

    In a zoning plan, a reference to the provision of a tourist facility is a reference to the provision, in the course of carrying on business, of a facility for tourists or for persons who include tourists.

  5. (5)

    In a zoning plan, a reference to the construction or provision of a facility for a tourist program is a reference to the construction or provision, in the course of carrying on business, of a facility for an activity (whether consisting of a single act or a series of acts) that is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists.

  6. (6)

    In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of an educational program is a reference to the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.

  7. (7)

    In a zoning plan, a reference to the provision of an educational facility is a reference to the provision of a facility for a group of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.

  8. (8)

    In a zoning plan, a reference to the construction or provision of a facility for an educational program is a reference to the construction or provision of a facility for the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons.

  9. (9)

    In this section, and in a zoning plan:

    facility includes a building, a structure, a vessel, goods, equipment or services.

    tourist means a person who is in the Marine Park principally for the purpose of recreation (which may include fishing or collecting).

  10. (10)

    For the purposes of subsection 38BA(5) and regulations made for the purposes of that subsection, this section is not to be regarded as amending a zoning plan.

3BInterpretation of geographic co‑ordinates
  1. (1)

    Where it is necessary for the purposes of this Act to determine the position on the surface of the Earth of a point, line or area that is specified by reference to one or more geographic co‑ordinates, then that position must be determined, unless the contrary intention appears, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966.

  2. (2)

    In this section:

    geographic co‑ordinate includes:

    1. (a)

      a meridian of longitude by itself; and

    2. (b)

      a parallel of latitude by itself.

    this Act includes the following:

    1. (a)

      the regulations;

    2. (b)

      a Proclamation made under this Act;

    3. (c)

      a plan of management;

    4. (d)

      a zoning plan;

    5. (e)

      any other instrument made under this Act.

4Act binds the Crown
  1. (1)

    This Act binds the Crown in each of its capacities.

  2. (2)

    This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

4AApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note 1: However, Part 2.5 of the Criminal Code does not apply to an offence against this Act: see subsection 61ANA(8) of this Act.

Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5Application of Act

Extension to external Territories

(1) This Act extends to every external Territory.

Limited extraterritorial application

(2) This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention applies.

Application to everyone in Australia and exclusive economic zone

(3) A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone of Australia (whether the place is in the zone or in Australia or an external Territory), or that is on or in the continental shelf of Australia, applies in relation to the following:

  1. (a)

    all persons (including persons who are not Australian citizens);

  2. (b)

    all vessels (including vessels that are not Australian vessels);

  3. (c)

    all aircraft (including aircraft that are not Australian aircraft);

  4. (d)

    all platforms.

Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.

Definition of Australian jurisdiction

(4) In this Act:

Australian jurisdiction means:

  1. (a)

    the land, waters, seabed and airspace in, under or above:

    1. (i)

      Australia; or

    2. (ii)

      an external Territory; or

    3. (iii)

      the exclusive economic zone of Australia; or

  2. (b)

    the continental shelf of Australia.

Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.

Part IIEstablishment, functions and powers of the Great Barrier Reef Marine Park Authority 6Great Barrier Reef Marine Park Authority
  1. (1)

    There is established by this Act an Authority by the name of the Great Barrier Reef Marine Park Authority.

    Note: The Authority does not have a legal identity separate from the Commonwealth.

  2. (2)

    For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

    1. (a)

      the Authority is a listed entity; and

    2. (b)

      the CEO is the accountable authority of the Authority; and

    3. (c)

      the following persons are officials of the Authority:

      1. (i)

        the Chairperson;

      2. (ia)

        the CEO;

      3. (ii)

        the other members;

      4. (iii)

        the staff of the Authority referred to in subsection 40(1);

      5. (iv)

        persons engaged under section 41; and

    4. (d)

      the purposes of the Authority include the functions of the Authority referred to in section 7.

7Functions of the Authority
  1. (1)

    The functions of the Authority are:

    1. (a)

      to make recommendations to the Minister in relation to the care and development of the Marine Park including recommendations, from time to time, as to:

      1. (i)

        the areas that should be declared to be parts of the Marine Park; and

      2. (ii)

        the regulations that should be made under this Act;

    2. (b)

      to carry out, by itself or in co‑operation with other institutions and persons, and to arrange for any other institutions or persons to carry out, research and investigations relevant to the Marine Park;

    3. (c)

      to prepare zoning plans for the Marine Park in accordance with Division 2 of Part V;

    4. (caa)

      to make plans of management for the Marine Park in accordance with Part VB;

    5. (ca)

      to furnish information and advice to the Minister in respect of matters relating to the Marine Park, including:

      1. (i)

        information and advice in relation to any agreement (including any proposed agreement) between the Commonwealth and Queensland on such matters;

      2. (ii)

        information and advice on the following matters:

        1. (A)

          whether the Commonwealth should grant financial assistance to Queensland in respect of a matter relating to the Marine Park;

        2. (B)

          the amount and allocation of such assistance;

        3. (C)

          the terms and conditions (if any) on which such assistance should be granted; and

      3. (iii)

        information and advice on the following matters:

        1. (A)

          whether it is desirable that Queensland should make a payment to the Authority in respect of a matter relating to the Marine Park;

        2. (B)

          the amount and allocation of such payment;

        3. (C)

          the terms and conditions (if any) on which such payment should be given;

    6. (cb)

      to receive and disburse moneys appropriated by the Parliament for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland in respect of matters that relate to the Marine Park;

    7. (cc)

      to receive and disburse moneys paid to the Authority by Queensland under an agreement between:

      1. (i)

        the Commonwealth and Queensland;

      2. (ii)

        Queensland and the Authority; or

      3. (iii)

        the Commonwealth, Queensland and the Authority;

    8. (cd)

      to provide, and arrange for the provision of, educational, advisory and informational services relating to the Marine Park;

    9. (d)

      such functions relating to the Marine Park as are:

      1. (i)

        conferred on the Authority under this or any other Act; or

      2. (ii)

        provided for by the regulations;

    10. (daa)

      to exercise any powers, and perform any functions, relating to the Marine Park that have been delegated to the Authority under this or any other Act;

    11. (da)

      to provide assistance to other institutions and persons in accordance with section 7A; and

    12. (e)

      to do anything incidental or conducive to the performance of any of the foregoing functions.

  2. (1A)

    For the purposes of this section but without limiting the generality of paragraph (1)(ca), (cb), (cd), (d) or (daa), a matter shall be taken to relate to the Marine Park if it relates to:

    1. (a)

      the use or management of an area (which may be a Queensland national park or a Queensland marine park) the use or management of which would or might affect the Marine Park; or

    2. (b)

      the use of a place outside the Marine Park for a purpose relating to the Marine Park.

  3. (1B)

    The Authority is responsible for the management of the Marine Park.

  4. (2)

    The Authority shall perform its functions in accordance with any general directions given by the Minister not inconsistent with this Act.

  5. (3)

    In managing the Marine Park and performing its other functions, the Authority must have regard to, and seek to act in a way that is consistent with:

    1. (a)

      the objects of this Act in section 2A; and

    2. (b)

      the principles of ecologically sustainable use; and

    3. (c)

      the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

  6. (4)

    The Authority may prepare and publish plans and policies about:

    1. (a)

      the way in which the Authority intends to manage the Marine Park or perform its other functions; and

    2. (b)

      the way in which the Authority considers that this Act or a zoning plan applies:

      1. (i)

        in relation to persons generally or a class of persons; or

      2. (ii)

        in relation to persons generally, or a class of persons, in relation to particular circumstances.

  7. (5)

    A plan or policy prepared under subsection (4) is not a legislative instrument.

7AProvision of assistance to other institutions and persons
  1. (1)

    Subject to this section, the Authority may, at the request of another institution or person, provide assistance to the institution or person in matters relating to environmental management.

  2. (2)

    The assistance may be provided by the Authority acting by itself or in co‑operation with other institutions and persons.

  3. (3)

    Without limiting the generality of the assistance that may be provided, the assistance may take any of the following forms:

    1. (a)

      the carrying out of research or investigations;

    2. (b)

      the provision of educational, advisory or informational services;

    3. (c)

      the making available of facilities.

  4. (4)

    The Authority shall not perform a function that the Authority has only because of this section unless the Minister has approved, in writing, the provision of the assistance concerned.

  5. (5)

    The Minister shall not give an approval under subsection (4) unless the Minister is satisfied that the provision of the assistance concerned is not likely to affect adversely the performance of the functions of the Authority conferred by other provisions of this Act.

  6. (6)

    An approval under subsection (4) may be given subject to conditions or restrictions set out in the instrument of approval (including conditions requiring the charging of fees).

  7. (7)

    Nothing in this section limits the functions that may be conferred on the Authority by the regulations.

  8. (8)

    The Minister may, by writing, delegate to the Authority or to the CEO his or her power to give approvals under subsection (4).

8Powers of Authority
  1. (1)

    The Authority may do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

    Note: The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013.

  2. (3)

    The Authority has power to perform any of its functions in co‑operation with Queensland, with an authority of that State or with a local governing body in that State.

8BCEO not subject to direction by Authority on certain matters

The CEO is not subject to direction by the Authority in relation to the CEO’s performance of functions, or exercise of powers, under:

  1. (a)

    the Public Governance, Performance and Accountability Act 2013; or

  2. (b)

    the Public Service Act 1999;

in relation to the Authority.

Part IIIConstitution and meetings of the Authority 10Membership of Authority
  1. (1)

    The Authority consists of the following members:

    1. (a)

      a Chairperson;

    2. (b)

      the CEO;

    3. (c)

      5 other members.

  2. (2)

    A member, other than the CEO, is to be appointed by the Governor‑General by written instrument.

  3. (2A)

    A member, other than the CEO, is appointed on a part‑time basis.

  4. (3)

    Subject to subsection (4), one of the part‑time members (other than the Chairperson) shall be a person appointed on the nomination of the Queensland Government.

  5. (4)

    Where:

    1. (a)

      the Commonwealth Government has invited the Queensland Government to nominate to the Minister a person to be appointed to a vacant office of part‑time member (whether or not the office has been previously filled); and

    2. (b)

      at the expiration of 3 months after the invitation, the Queensland Government has not nominated a person having the qualifications referred to in subsection (6) for appointment to the office;

    a person other than a person nominated by the Queensland Government may be appointed to the office notwithstanding that, upon the appointment, there will not be a part‑time member who is a person appointed on the nomination of the Queensland Government.

  6. (6)

    A person is not eligible for appointment as a part‑time member of the Authority unless the Governor‑General is satisfied that the person is suitably qualified for appointment because of significant knowledge of, or significant experience concerning, one or more of the following fields:

    1. (a)

      science (including one or more fields related to climate change, marine science, coastal ecology, fisheries, social sciences or engineering);

    2. (b)

      natural resource management;

    3. (c)

      Indigenous matters relating to the Marine Park;

    4. (d)

      the tourism industry associated with the Marine Park;

    5. (e)

      business or industry;

    6. (f)

      resource economics;

    7. (g)

      public sector governance;

    8. (h)

      regulation;

    9. (i)

      education or communications;

    10. (j)

      strategic management.

  7. (7)

    At least one part‑time member must be an Indigenous person who qualifies under paragraph (6)(c).

  8. (8)

    At least one part‑time member must be a person who qualifies under paragraph (6)(d).

  9. (9)

    A person is not eligible for appointment as a part‑time member of the Authority if, at the time of appointment, the person is a member of the governing body of a relevant interest group.

  10. (10)

    A person is a member of the governing body of a relevant interest group if:

    1. (a)

      the person is involved in the management of another entity (whether incorporated or otherwise); and

    2. (b)

      the other entity represents one or more groups of people who:

      1. (i)

        are directly involved in advocating about the management of the Marine Park; or

      2. (ii)

        use the Marine Park for commercial purposes.

11Period of appointment of part‑time members of Authority
  1. (1)

    A part‑time member holds office for the period specified in the instrument of appointment. The period of appointment must not exceed 5 years.

    Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

  2. (2)

    A person must not hold office as a part‑time member for a continuous period exceeding 10 years.

  3. (3)

    For the purposes of subsection (2), any period when a person holds an acting appointment as a part‑time member of the Authority under subsection 15(3) is to be disregarded.

12Remuneration and allowances of part‑time members of Authority
  1. (1)

    A part‑time member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a part‑time member is to be paid the remuneration that is prescribed by an instrument under subsection (4).

  2. (2)

    A part‑time member is to be paid the allowances that are prescribed by an instrument under subsection (4).

  3. (3)

    This section has effect subject to the Remuneration Tribunal Act 1973.

  4. (4)

    The Minister may, by legislative instrument, prescribe:

    1. (a)

      remuneration for the purposes of subsection (1); and

    2. (b)

      allowances for the purposes of subsection (2).

13Leave of absence for part‑time members of Authority

Chairperson

(1) The Minister may grant leave of absence to the Chairperson on the terms and conditions that the Minister determines.

Other part‑time members

(2) The Chairperson may grant leave of absence to any other part‑time member on the terms and conditions that the Chairperson determines.

(3) The Chairperson must notify the Minister if the Chairperson grants a part‑time member leave of absence for a period that exceeds 3 months.

14Resignation of part‑time members of Authority
  1. (1)

    A part‑time member may resign his or her appointment by giving the Governor‑General a written resignation.

  2. (2)

    The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.

15Acting Chairperson and members
  1. (1)

    The Minister may appoint a person, including a part‑time member, to act as Chairperson:

    1. (a)

      during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

    2. (b)

      during any period, or during all periods, when the Chairperson is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his or her office.

    Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

  2. (3)

    The Minister may appoint a person to act as a part‑time member:

    1. (a)

      during a vacancy in an office of part‑time member, whether or not an appointment has previously been made to the office; or

    2. (b)

      during any period or during all periods when a part‑time member is acting as Chairperson, is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his or her office.

    Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

  3. (4)

    A person is not eligible for appointment to act as a part‑time member unless the person is eligible for appointment as a part‑time member of the Authority under subsections 10(6) and (9).

15AOutside employment

A part‑time member must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties.

15BMember of governing body of a relevant interest group

A part‑time member must not be a member of the governing body of a relevant interest group.

Note: For when an individual is a member of the governing body of a relevant interest group, see subsection 10(10).

16Termination of appointment of part‑time members of Authority
  1. (1)

    The Governor‑General may terminate the appointment of a part‑time member:

    1. (a)

      for misbehaviour; or

    2. (b)

      if the member is unable to perform the duties of his or her office because of physical or mental incapacity.

  1. (2)

    The Governor‑General may terminate the appointment of a part‑time member if:

    1. (a)

      the part‑time member:

      1. (i)

        becomes bankrupt; or

      2. (ii)

        applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

      3. (iii)

        compounds with his or her creditors; or

      4. (iv)

        makes an assignment of his or her remuneration for the benefit of his or her creditors; or

    2. (b)

      the part‑time member is absent, except on leave of absence, from 3 consecutive meetings of the Authority; or

    3. (c)

      the part‑time member engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties (see section 15A); or

    4. (d)

      the part‑time member becomes a member of the governing body of a relevant interest group (see section 15B); or

    5. (e)

      the Minister is satisfied that the performance of the part‑time member has been unsatisfactory for a significant period; or

    6. (f)

      the part‑time member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

16ADisclosure of interest to the Minister
  1. (1)

    A disclosure by a part‑time member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

  2. (2)

    Subsection (1) applies in addition to any rules made for the purposes of that section.

  3. (3)

    For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a part‑time member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.

16BOther terms and conditions

A part‑time member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

17Meetings of Authority
  1. (1)

    The Chairperson shall convene such meetings as he or she considers necessary for the performance of the functions of the Authority.

    Note: See also section 33B of the Acts Interpretation Act 1901.

  2. (2)

    The Chairperson shall, on receipt of a request in writing signed by the other members, convene a meeting of the Authority.

  3. (3)

    At a meeting of the Authority, 4 members constitute a quorum.

  4. (3A)

    However, if:

    1. (a)

      a member of the Authority is required by the rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Authority with respect to a particular matter; and

    2. (b)

      when the member leaves the meeting concerned there is no longer a quorum present;

    the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at the meeting with respect to that matter.

  5. (4)

    The Chairperson shall preside at all meetings of the Authority at which he or she is present.

  6. (5)

    If the Chairperson is not present at a meeting of the Authority, the members present shall choose one of themselves to preside at the meeting.

  7. (6)

    At a meeting of the Authority, a question is decided by a majority of the votes of the members of the Authority present and voting.

  8. (7)

    The person presiding at the meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

  9. (8)

    The Authority must keep minutes of its meetings.

18Decisions without meetings
  1. (1)

    The Authority is taken to have made a decision at a meeting if:

    1. (a)

      without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and

    2. (b)

      that agreement is indicated in accordance with the method determined by the Authority under subsection (2); and

    3. (c)

      all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

  2. (2)

    Subsection (1) applies only if the Authority:

    1. (a)

      has determined that it may make decisions of that kind without a meeting; and

    2. (b)

      has determined the method by which members are to indicate agreement with proposed decisions.

  3. (3)

    For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that decision if the matter had been considered at a meeting of the Authority.

  4. (4)

    The Authority must keep a record of decisions made in accordance with this section.

19Other matters

The Authority may, subject to this Part, regulate proceedings at its meetings as it considers appropriate.

Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which the members of the Authority may participate in meetings.

Part VThe Great Barrier Reef Marine ParkDivision 1Great Barrier Reef Marine Park30Great Barrier Reef Marine Park

There shall be a marine park, to be known as the Great Barrier Reef Marine Park, consisting of such areas in the Great Barrier Reef Region as are, for the time being, declared under section 31 to be parts of that Marine Park.

31Areas part of Marine Park
  1. (1)

    Subject to subsection (5), the Governor‑General may, by Proclamation, declare an area specified in the Proclamation, being an area within the Great Barrier Reef Region, to be a part of the Marine Park and assign a name or other designation to that area.

    Note: A Proclamation under subsection (1) is a legislative instrument but is not subject to disallowance or sunsetting (see regulations made for the purposes of subsections 44(2) and 54(2) of the Legislation Act 2003).

  2. (2)

    Where an area is, for the time being, declared by Proclamation under subsection (1) to be a part of the Marine Park:

    1. (a)

      the waters of any sea within the area;

    2. (b)

      the sea‑bed beneath any sea within the area;

    3. (c)

      the subsoil beneath any such sea‑bed, extending to such depth below the sea‑bed as is specified in the Proclamation;

    4. (d)

      the sub‑soil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation; and

    5. (e)

      the airspace above the area, extending to such height above the surface as is specified in the Proclamation;

    shall be taken to be in the Marine Park and, for the purposes of this Act, part of the area.

  3. (3)

    Subject to subsections (4) and (5), the Governor‑General may, by Proclamation, revoke or amend a Proclamation made under subsection (1).

    Note: A Proclamation under subsection (3) is a legislative instrument but is not subject to disallowance or sunsetting (see regulations made for the purposes of subsections 44(2) and 54(2) of the Legislation Act 2003).

  4. (4)

    Before the Governor‑General makes a Proclamation causing an area in the Great Barrier Reef Region to cease to be part of the Marine Park, the Minister must be satisfied:

    1. (a)

      that the Proclamation, if made, would be in accordance with a resolution passed by each House of the Parliament on a motion; and

    2. (b)

      that notice of the motion was given no less than 15 sitting days of that House before the motion was moved.

  5. (5)

    Before the Governor‑General makes a Proclamation, the Minister must consider a report by the Authority in relation to the matter dealt with by the Proclamation.

  6. (6)

    Before preparing the report, the Authority must, by public notice:

    1. (a)

      state that the area is proposed to be included in the Marine Park; and

    2. (b)

      state the boundaries of the area; and

    3. (c)

      state any name or other designation proposed for the area; and

    4. (d)

      invite the public to make comments in connection with the proposal by the date specified in the notice (which must be at least 60 days after the date the notice is published in the Gazette); and

    5. (e)

      specify the address to which comments must be sent.

  7. (7)

    The Authority must include in the report any comments made in accordance with the notice and the Authority’s views on the comments.

Division 2Zoning plans32Objects of Division
  1. (1)

    The objects of this Division are:

    1. (a)

      to regulate the use of the Marine Park so as to:

      1. (i)

        protect the ecosystem within the Great Barrier Reef Region; and

      2. (ii)

        ensure the use is ecologically sustainable use; and

      3. (iii)

        manage competing usage demands; and

    2. (b)

      to protect areas in the Marine Park that are of high conservation value; and

    3. (c)

      to protect and conserve the biodiversity of the Marine Park, including ecosystems, habitats, populations and genes; and

    4. (d)

      to regulate activities that exploit the resources of the Great Barrier Reef Region so as to:

      1. (i)

        minimise the adverse effect of those activities on the Great Barrier Reef; and

      2. (ii)

        ensure the ecologically sustainable use of the resources; and

    5. (e)

      to protect the world heritage values of the Great Barrier Reef World Heritage Area; and

    6. (f)

      to provide for the ecologically sustainable use of marine resources by traditional owners consistent with their traditional practices; and

    7. (g)

      to reserve some areas of the Great Barrier Reef Region for public enjoyment and appreciation; and

    8. (h)

      to preserve some areas of the Great Barrier Reef Region in a natural state, undisturbed except for the purposes of scientific research that cannot be undertaken elsewhere in the Marine Park.

  2. (2)

    To achieve these objects, this Division provides for the preparation of zoning plans in respect of areas in the Marine Park.

32AWhen zoning plans must be prepared

As soon as practicable after an area has been declared under section 31 to be part of the Marine Park, the Authority must prepare a zoning plan in respect of the area.

32BContent of zoning plans
  1. (1)

    A zoning plan prepared in respect of an area must provide that, for the purposes of this Act, the area:

    1. (a)

      constitutes a single zone; or

    2. (b)

      is divided into 2 or more zones described in the plan.

  2. (2)

    The plan must do the following in relation to the zone or each of the zones:

    1. (a)

      give the zone a name or other designation;

    2. (b)

      make provision with respect to the purposes for which the zone may be used or entered;

    3. (c)

      designate an IUCN category for the zone, or each part of the zone.

32CNotice of intention to prepare zoning plan
  1. (1)

    Before preparing a zoning plan in respect of an area, the Authority must, by public notice:

    1. (a)

      state that it intends to prepare a zoning plan in respect of the area; and

    2. (b)

      invite the public to make comments in connection with the proposed plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette); and

    3. (c)

      specify the address to which comments must be sent; and

    4. (d)

      specify that the following are publicly available and how a copy may be obtained:

      1. (i)

        principles approved under section 34;

      2. (ii)

        a statement prepared under subsection 35(1).

  2. (2)

    The Authority must consider any comments made in accordance with the notice.

34Operational principles
  1. (1)

    Before preparing a zoning plan in respect of an area, the Authority must, by writing, determine principles relating to the preparation of the proposed plan.

  2. (2)

    The principles must cover the environmental, economic and social objectives of the proposed plan. The principles may cover other matters.

  3. (3)

    The Authority must give the principles to the Minister for his or her approval.

  4. (4)

    The Minister must:

    1. (a)

      approve the principles; or

    2. (b)

      refer the principles to the Authority, together with the Minister’s suggestions, for further consideration.

    Process after principles are referred to the Authority

  5. (5)

    If the principles are referred to the Authority, it must, as soon as practicable after the referral, give further consideration to the principles, having regard to the Minister’s suggestions.

  6. (6)

    The Authority must again give the principles, with or without alterations, to the Minister, together with its comments on the Minister’s suggestions.

  7. (7)

    If the principles are again given to the Minister, he or she must, as soon as practicable after receiving them:

    1. (a)

      approve them; or

    2. (b)

      approve them after making such alterations as the Minister thinks fit.

  8. (8)

    If the Minister alters the principles under subsection (7), the Minister must prepare a report:

    1. (a)

      specifying the alterations; and

    2. (b)

      setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

  9. (9)

    The report must accompany the plan when it is laid before both Houses of the Parliament under section 38 of the Legislation Act 2003.

    Principles to be publicly available

  10. (10)

    The Authority must make the principles publicly available.

    Principles are not a legislative instrument

  11. (11)

    The principles are not a legislative instrument.

35Environmental, economic and social assessments
  1. (1)

    Before preparing a zoning plan in respect of an area, the Authority must, by writing, prepare a statement of the environmental, economic and social values of the area.

  2. (2)

    After preparing a zoning plan in respect of an area, the Authority must, by writing, prepare a statement covering the expected environmental, economic and social effects of the plan.

  3. (3)

    The Authority must make a statement prepared under this section publicly available.

  4. (4)

    A statement prepared under this section is not a legislative instrument.

35AMatters to which Authority must have regard when preparing zoning plans
  1. (1)

    The Authority must, in preparing a zoning plan in respect of an area (the zoning plan area), have regard to the following:

    1. (a)

      the objects of this Division;

    2. (b)

      the principles approved under section 34 relating to the preparation of the plan;

    3. (c)

      any reports that have been given to the Minister under section 54;

    4. (d)

      any matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 that is relevant to the zoning plan area;

    5. (e)

      any approved conservation advice, bioregional plan, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the zoning plan area;

    6. (f)

      any value, plan or principle referred to in Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 that relates to a property, place, wetland or other area that is in the zoning plan area;

    7. (g)

      any habitat in the zoning plan area that is critical habitat;

    8. (h)

      any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the zoning plan area;

    9. (i)

      any other matter prescribed by the regulations for the purposes of this paragraph.

  2. (2)

    In designating an IUCN category in relation to a zone for the purposes of paragraph 32B(2)(c), the Authority must have regard to:

    1. (a)

      the purposes for which the zone may be used or entered; and

    2. (b)

      the Australian IUCN Reserve Management Principles for the category.

35BNotice of preparation of zoning plan
  1. (1)

    When the Authority has prepared a zoning plan in respect of an area, it must, by public notice:

    1. (a)

      state that a zoning plan has been prepared in respect of the area; and

    2. (b)

      invite the public to make comments in connection with the plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette); and

    3. (c)

      specify the address or addresses at which copies of the plan may be inspected or purchased; and

    4. (d)

      specify the address to which comments must be sent; and

    5. (e)

      specify that a statement prepared under subsection 35(2) is publicly available and how a copy may be obtained.

  2. (2)

    The Authority must consider any comments made in accordance with the notice and, if it thinks fit, alter the plan accordingly.

35CZoning plans must be submitted to Minister

Submission to Minister

(1) When the Authority has prepared a zoning plan in respect of an area, it must submit to the Minister:

  1. (a)

    the plan; and

  2. (b)

    if comments have been made in accordance with a notice under section 35B in connection with the plan—those comments, together with the Authority’s views on those comments.

Plan may be accepted or referred

(2) The Minister may:

  1. (a)

    accept the plan; or

  2. (b)

    refer the plan to the Authority, together with the Minister’s suggestions, for further consideration.

Process after plan is referred

(3) If the plan is referred to the Authority, it must, as soon as practicable after receiving the plan, further consider the plan, having regard to the Minister’s suggestions.

(4) The Authority must then submit the plan again, with or without alterations, to the Minister, together with its views on the Minister’s suggestions.

(5) When the plan is again submitted to the Minister, the Minister must, as soon as practicable after receiving the plan:

  1. (a)

    accept the plan; or

  2. (b)

    accept the plan after making such alterations as the Minister thinks fit.

(6) If the Minister alters the plan under subsection (5), the Minister must prepare a report:

  1. (a)

    specifying the alterations; and

  2. (b)

    setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

(7) The report must accompany the plan when it is laid before both Houses of the Parliament under section 38 of the Legislation Act 2003.

Matters to which Minister must have regard

(8) In deciding whether to accept a zoning plan under this section, the Minister must have regard to the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.

35DZoning plans are legislative instruments

A zoning plan prepared by the Authority and accepted by the Minister is a legislative instrument made by the Minister on the day on which the plan is accepted, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the plan.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the plan (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

35DAPower of zoning plans
  1. (1)

    A zoning plan may provide in relation to a matter by providing that the regulations, or any other legislative instrument, provide in relation to that matter.

  2. (2)

    To avoid doubt, a reference to a zoning plan in this Part(except subsections 32B(2) and 35A(1)) does not include a reference to regulations, or another legislative instrument, covered by subsection (1) of this section.

35EDisallowance of zoning plans
  1. (1)

    If notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House, the House may, within 15 sitting days of that House after the giving of that notice, pass a resolution, in pursuance of the motion, disallowing the plan.

    Note: A zoning plan is a legislative instrument (see section 35D) and must be laid before each House of the Parliament under section 38 of the Legislation Act 2003.

  2. (2)

    If:

    1. (a)

      notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House; and

    2. (b)

      before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

    3. (c)

      at the time of the dissolution, expiry or prorogation, as the case may be:

      1. (i)

        the notice has not been withdrawn and the motion has not been called on; or

      2. (ii)

        the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

    the plan is taken, for the purposes of this section, to have been laid before the first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.

  3. (3)

    If either House of the Parliament passes a resolution in accordance with subsection (1) disallowing a zoning plan:

    1. (a)

      the Minister must direct the Authority to prepare a fresh plan; and

    2. (b)

      the Authority must prepare a fresh plan in accordance with this Division.

35FCommencement of zoning plans
  1. (1)

    If:

    1. (a)

      a zoning plan has been laid before both Houses of the Parliament under section 38 of the Legislation Act 2003; and

    2. (b)

      neither House of the Parliament passes a resolution in accordance with subsection 35E(1) disallowing the plan;

    the Minister must, as soon as practicable after the end of the last day on which a resolution disallowing the plan could have been passed, state, by public notice, that the plan is to come into operation on the date specified in the notice (which must not be earlier than the date the notice is published in the Gazette).

  1. (2)

    The plan comes into operation on the date specified in the notice.

  2. (3)

    The notice:

    1. (a)

      must specify an address or addresses at which copies of the plan may be inspected or purchased; and

    2. (b)

      may contain:

      1. (i)

        a description of the zone or zones to which the plan relates; and

      2. (ii)

        any other particulars of the plan.

35GStatement about operational principles

Within 60 days after the day on which a notice under section 35F is published in the Gazette in relation to a zoning plan, the Authority must make publicly available a report that contains a statement of how the Authority, in preparing the plan, had regard to the principles approved under section 34 relating to the preparation of the plan.

36Authority etc. to comply with zoning plans
  1. (1)

    While a zoning plan is in force in relation to a zone the Authority shall perform its functions and exercise its powers in relation to the zone in accordance with that plan and not otherwise.

  2. (2)

    While a zoning plan is in force in relation to a zone, each Minister shall give all such directions and do all such things as can be given or done by him or her for ensuring that the Department administered by him or her and each authority of the Commonwealth in relation to which he or she has ministerial responsibilities performs the functions and exercises the powers that it has in relation to the zone in accordance with that plan.

37Amendment or revocation of zoning plan – substantive changes

Amendment of zoning plan

(1) The Authority may amend a zoning plan (other than to correct typographical errors) in respect of an area only if:

  1. (a)

    the plan has been in operation for at least 7 years; or

  2. (b)

    if the plan has been previously amended under this section—the most recent of those amendments has been in operation for at least 7 years.

Note: Section 37A deals with the amendment of a zoning plan to correct typographical errors.

(2) The Authority must not publish a notice under section 32C in relation to a proposed amendment of a zoning plan in respect of an area unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (1) of this section.

Note: Section 32C applies to this situation because of subsection (8) of this section.

Amendment is a legislative instrument

(2A) An amendment of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the amendment is accepted, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the amendment.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

Revocation of zoning plan

(3) The Authority may:

  1. (a)

    revoke a zoning plan (the existing plan) in respect of an area; and

  2. (b)

    prepare a new zoning plan in respect of that area;

only if:

  1. (c)

    the existing plan has been in operation for at least 7 years; or

  2. (d)

    if the existing plan has been amended under this section—the most recent of those amendments has been in operation for at least 7 years.

The revocation does not take effect until the new plan comes into operation.

(4) The Authority must not publish a notice under section 32C in relation to:

  1. (a)

    the proposed revocation of a zoning plan in respect of an area; and

  2. (b)

    a proposed new zoning plan in respect of that area;

unless the Minister has approved the publication of the notice. The Minister’s approval cannot be sought until after the end of the period applicable under subsection (3) of this section.

Note: Section 32C applies to this situation because of subsection (8) of this section.

Revocation is a legislative instrument

(4A) A revocation of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the revocation is accepted, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the revocation.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the revocation (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

Report

(5) The Authority must prepare a report setting out the reasons for the action it proposes to take under subsection (1) or (3). The report must refer to the relevant environmental, economic and social information on which those reasons were based.

Report to be publicly available

(6) The Authority must make the report publicly available.

Report is not a legislative instrument

(7) The report is not a legislative instrument.

Application of sections 32 to 35C and 35E to 35G

(8) Subject to subsection (9) of this section, sections 32 to 35C and 35E to 35G apply in relation to action referred to in subsection (1) or (3) of this section in the same way as they apply to a zoning plan required to be prepared in accordance with this Division.

Additional obligation for amendment or revocation of zoning plan

(9) The notice published under section 32C in relation to action referred to in subsection (1) or (3) of this section must also specify that a report prepared under subsection (5) of this section is publicly available and how a copy may be obtained.

37AAmendment of zoning plan – typographical errors
  1. (1)

    The Authority may, with the Minister’s approval, amend a zoning plan in respect of an area to correct typographical errors.

  2. (2)

    Subsections 35E(1) and (2) and section 35F apply in relation to the amendment in the same way as they apply to a zoning plan that has been accepted under section 35C.

  3. (3)

    An amendment of a zoning plan, prepared by the Authority and approved by the Minister, is a legislative instrument made by the Minister on the day on which the amendment is approved, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the amendment.

    Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the amendment (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

Division 3Duty to prevent or minimise harm to environment in Marine Park37AADuty to prevent or minimise harm to environment in Marine Park
  1. (1)

    A person who uses or enters the Marine Park must take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the person’s use or entry.

    Note: The Minister may accept an enforceable undertaking under section 61ABA, or make an enforceable direction under section 61ADA, in relation to a contravention of this duty.

  2. (2)

    For the purposes of subsection (1), harm includes the following:

    1. (a)

      any adverse effect;

    2. (b)

      direct or indirect harm;

    3. (c)

      harm to which the person’s use or entry has contributed, to any extent (whether or not other matters have contributed to the harm).

  3. (3)

    In determining whether all reasonable steps have been taken, have regard to the following:

    1. (a)

      the nature of the harm to the environment that might or will result from the person’s use or entry;

    2. (b)

      the risk of harm from the person’s use or entry;

    3. (c)

      the sensitivity of the environment that might or will be affected by the person’s use or entry;

    4. (d)

      if the person is using or entering a zone—any objectives specified for the zone in its zoning plan;

    5. (e)

      the practicalities, including cost, of steps that will prevent or minimise the harm;

    6. (f)

      whether or not the person’s use or entry complies with the laws applying in the Marine Park in relation to the environment or natural resources;

    7. (g)

      whether or not the person’s use or entry complies with any relevant code of practice, standard or guideline;

    8. (h)

      whether or not the person’s use or entry is in accordance with any conditions of a permission granted under the regulations for the purposes of a zoning plan or a provision of this Act.

Division 4Relationship with the Environment Protection and Biodiversity Conservation Act 199937ABActions affected by the Environment Protection and Biodiversity Conservation Act 1999
  1. (1)

    If:

    1. (a)

      a proposal to take an action is referred to the Minister under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999; and

    2. (b)

      the action, or a component of the action, involves doing a thing that would be an offence against this Act if done without a permission under the regulations;

    the referral is taken to be an application made in accordance with the regulations for that permission.

    Note: A subsequent decision under the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action does not affect an application that is taken to have been made because of subsection (1).

  2. (2)

    The Authority, or an agency that has responsibility under a zoning plan for granting permissions, must not grant a person permission under the regulations to do a thing if:

    1. (a)

      the thing is, or is part of, an action that is a controlled action for the purposes of the Environment Protection and Biodiversity Conservation Act 1999; and

    2. (b)

      the Minister has not decided under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the taking of the action by the person for the purposes of each provision that is, for the purposes of that Act, a controlling provision for the action.

37ACGreat Barrier Reef Region not to be reserved under the Environment Protection and Biodiversity Conservation Act 1999

The Governor‑General must not make a Proclamation under section 344 of the Environment Protection and Biodiversity Conservation Act 1999 declaring an area in the Great Barrier Reef Region to be a Commonwealth reserve under that Act.

Part VAAOffences and penalties in relation to Great Barrier Reef Marine Park and RegionDivision 1Conduct in Great Barrier Reef Region38AAMining or geological storage operations in Great Barrier Reef Region: offence
  1. (1)

    A person commits an offence if:

    1. (a)

      the person engages in conduct; and

    2. (b)

      the conduct is mining operations or geological storage operations; and

    3. (c)

      the conduct is engaged in in the Great Barrier Reef Region; and

    4. (d)

      the person is not authorised to engage in the conduct by:

      1. (i)

        a permission granted under the regulations for the purposes of this section; or

      2. (ii)

        an authority given in accordance with a condition of a permission referred to in subparagraph (i).

    Penalty:

    1. (a)

      for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

    2. (b)

      in any other case—1,000 penalty units.

    Note: See also Division 8.

  2. (2)

    Strict liability applies to paragraphs (1)(c) and (d).

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (3)

    The Authority must not grant a person permission to engage in conduct for the purposes of this section unless the Authority is satisfied that the conduct is for the purpose of research or investigations relevant to the conservation of the Marine Park.

  4. (4)

    Subsection (1) does not apply if:

    1. (a)

      the person is the Authority; and

    2. (b)

      the Authority is engaging in the conduct for the purpose of research or investigations relevant to the conservation of the Marine Park.

  5. (5)

    This section applies despite any other law of the Commonwealth, a State or a Territory.

38ABMining or geological storage operations in Great Barrier Reef Region: civil penalty provision
  1. (1)

    A person must not engage in mining operations or geological storage operations in the Great Barrier Reef Region unless the person is authorised to engage in the operations by:

    1. (a)

      a permission granted under the regulations for the purposes of section 38AA; or

    2. (b)

      an authority given in accordance with a condition of a permission referred to in paragraph (a).

    Civil penalty:

    1. (a)

      for an aggravated contravention by an individual—5,000 penalty units; or

    2. (b)

      for an individual in any other case—2,000 penalty units; or

    3. (c)

      for an aggravated contravention by a body corporate—50,000 penalty units; or

    4. (d)

      for a body corporate in any other case—20,000 penalty units.

  2. (2)

    Subsection (1) does not apply if:

    1. (a)

      the person is the Authority; and

    2. (b)

      the Authority is engaging in the operations for the purpose of research or investigations relevant to the conservation of the Marine Park.

Division 2Conduct in Marine Park zones38BAConduct in zone: offence

Conduct prohibited or done without required permission

(1) A person commits an offence if:

  1. (a)

    the person engages in conduct; and

  2. (b)

    the conduct is engaged in in a zone; and

  3. (c)

    under the zoning plan for the zone, the conduct:

    1. (i)

      is prohibited; or

    2. (ii)

      requires permission; and

    Note: Prohibited is defined in subsection 3(1).

  4. (d)

    if the conduct requires permission—the person is not authorised to engage in the conduct by:

    1. (i)

      a permission granted under the regulations for the purposes of the zoning plan; or

    2. (ii)

      an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Penalty:

  1. (a)

    for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or

  2. (b)

    in any other case—1,000 penalty units.

Note 1: For an aggravated offence, see also subsection 38GA(9).

Note 2: See also Division 8.

(2) Strict liability applies to paragraphs (1)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

Conduct prohibited or done without required permission: strict liability

(3) A person commits an offence if:

  1. (a)

    the person engages in conduct; and

  2. (b)

    the conduct is engaged in in a zone; and

  3. (c)

    under the zoning plan for the zone, the conduct:

    1. (i)

      is prohibited; or

    2. (ii)

      requires permission; and

    Note: Prohibited is defined in subsection 3(1).

  4. (d)

    if the conduct requires permission—the person is not authorised to engage in the conduct by:

    1. (i)

      a permission granted under the regulations for the purposes of the zoning plan; or

    2. (ii)

      an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Penalty: 60 penalty units.

Increased penalty for conduct involving a turtle or dugong

(3A) If:

  1. (a)

    a person commits an offence against subsection (3); and

  2. (b)

    the conduct the person engaged in that constituted the offence resulted in the taking of or injury to an animal; and

  3. (c)

    the animal is a member of a protected species; and

  4. (d)

    the protected species is:

    1. (i)

      a species in the genus Dugong (dugong); or

    2. (ii)

      a species in the family Cheloniidae (marine turtles); or

    3. (iii)

      the species Dermochelys coriacea (leatherback turtles);

then the number of penalty units set out in the penalty for the offence is tripled.

(3B) If the prosecution intends to prove an offence against subsection (3) and rely on subsection (3A), the charge must also allege which subparagraph of paragraph (3A)(d) applies in relation to the animal.

(4) Strict liability applies to subsection (3) and paragraphs (3A)(b), (c) and (d).

Note: For strict liability, see section 6.1 of the Criminal Code.

Defence—prescribed circumstances

(5) Subsections (1) and (3) do not apply if circumstances prescribed by the regulations for the purposes of this subsection exist in relation to the conduct. Any circumstances prescribed must relate to:

  1. (a)

    conduct engaged in during the period of 120 days after the day on which the zoning plan, or an amendment of the zoning plan, commenced; or

  2. (b)

    conduct engaged in after the end of that period if the person had applied for a permission for the purposes of the zoning plan during that period.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

38BBConduct in zone: civil penalty provision
  1. (1)

    A person must not engage in conduct in a zone that is prohibited under the zoning plan for the zone.

    Civil penalty:

    1. (a)

      for an aggravated contravention by an individual—5,000 penalty units; or

    2. (b)

      for an individual in any other case—2,000 penalty units; or

    3. (c)

      for an aggravated contravention by a body corporate—50,000 penalty units; or

    4. (d)

      for a body corporate in any other case—20,000 penalty units.

    Note 1: Prohibited is defined in subsection 3(1).

    Note 2: For an aggravated contravention, see also subsection 38GB(6).

  2. (2)

    A person must not engage in conduct in a zone if:

    1. (a)

      under the zoning plan for the zone, the conduct requires permission; and

    2. (b)

      the person is not authorised to engage in the conduct by:

      1. (i)

        a permission granted under the regulations for the purposes of the zoning plan; or

      2. (ii)

        an authority given in accordance with a condition of a permission referred to in subparagraph (i).

    Civil penalty:

    1. (a)

      for an aggravated contravention by an individual—5,000 penalty units; or

    2. (b)

      for an individual in any other case—2,000 penalty units; or

    3. (c)

      for an aggravated contravention by a body corporate—50,000 penalty units; or

    4. (d)

      for a body corporate in any other case—20,000 penalty units.

    Note: For an aggravated contravention, see also subsection 38GB(6).

  3. (3)

    Subsections (1) and (2) do not apply if circumstances prescribed for the purposes of subsection 38BA(5) exist in relation to the conduct.

38BCConduct in zone without required notice: offence
  1. (1)

    A person commits an offence if:

    1. (a)

      the person engages in conduct; and

    2. (b)

      the conduct is engaged in in a zone; and

    3. (c)

      the zoning plan for the zone requires that notice must be given to a specified body before the conduct is engaged in; and

    4. (d)

      the person failed to give the specified body notice in accordance with the zoning plan before engaging in the conduct.

    Penalty: 200 penalty units.

  2. (2)

    Strict liability applies to paragraphs (1)(b) and (c).

    Note: For strict liability, see section 6.1 of the Criminal Code.

  3. (3)

    The fault element for paragraph (1)(d) is negligence.

    Note: For negligence, see section 5.5 of the Criminal Code.

38BDOperation of fishing vessel in zone: offence

Operation of a fishing vessel prohibited or done without permission

(1) A person commits an offence if:

  1. (a)

    the person operates a vessel; and

  2. (b)

    the person does so in a zone; and

  3. (c)

    the vessel is a primary commercial fishing vessel; and

  4. (d)

    the vessel is an Australian vessel; and

  5. (e)

    the vessel is authorised, under a law of the Commonwealth or of a State (including by a licence granted under such a law), to fish using a particular fishing method or particular fishing apparatus; and

  6. (f)

    under the zoning plan for the zone, fishing using that method or apparatus:

    1. (i)

      is prohibited; or

    2. (ii)

      requires permission; and

    Note: Prohibited is defined in subsection 3(1).

  7. (g)

    if it requires permission—the person is not authorised to fish using that method or apparatus by:

    1. (i)

      a permission granted under the regulations for the purposes of the zoning plan; or

    2. (ii)

      an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Penalty: 500 penalty units.

(2) Strict liability applies to paragraphs (1)(b), (c), (f) and (g).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Absolute liability applies to paragraphs (1)(d) and (e).

Note: For absolute liability, see section 6.2 of the Criminal Code.

Defence—vessel is transiting or anchoring

(4) Subsection (1) does not apply if:

  1. (a)

    the vessel is transiting through the zone; or

  2. (b)

    the vessel is anchored in the zone; or

  3. (c)

    the vessel is transiting to a place where the vessel is to anchor or transiting from a place where the vessel has been anchored.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

(5) For the purposes of subsection (4), a vessel is only transiting if:

  1. (a)

    the vessel is taking the most direct practicable route:

    1. (i)

      through the zone to a destination outside the zone; or

    2. (ii)

      to or from a place of anchor; and

  2. (b)

    the vessel is maintaining a speed of at least 5 knots.

Defence—emergency or unavoidable accident

(6) Subsection (1) does not apply if:

  1. (a)

    the operation of the vessel in the zone:

    1. (i)

      is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

    2. (ii)

      is a result of an unavoidable accident, other than an accident caused by reckless or negligent behaviour; and

  2. (b)

    the Authority is notified of the operation, and the emergency or accident, no more than 48 hours after the vessel was first operated in the zone.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

  1. (13)

    Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Schedule 1

Section 3

The area the boundary of which:

  1. (a)

    commences at the point that, at low water, is the northernmost extremity of Cape York Peninsula Queensland;

  2. (b)

    runs thence easterly along the geodesic to the intersection of parallel of Latitude 10º 41´ South with meridian of Longitude 145º 00´ East;

  3. (c)

    runs thence southerly along that meridian to its intersection by the parallel of Latitude 13º 00´ South;

  4. (d)

    runs thence south‑easterly along the geodesic to a point of Latitude 15º 00´ South Longitude 146º 00´ East;

  5. (e)

    runs thence south‑easterly along the geodesic to a point of Latitude 17º 30´ South Longitude 147º 00´ East;

  6. (f)

    runs thence south‑easterly along the geodesic to a point of Latitude 21º 00´ South Longitude 152º 55´ East;

  7. (g)

    runs thence south‑easterly along the geodesic to a point of Latitude 24º 30´ South Longitude 154º 00´ East;

  8. (h)

    runs thence westerly along the parallel of Latitude 24º 30´ South to its intersection by the coastline of Queensland at low water; and

  9. (j)

    runs thence generally northerly along that coastline at low water to the point of commencement.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Great Barrier Reef Marine Park Act 1975

85, 1975

20 June 1975

20 June 1975 (s 2)

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12 June 1978

12 June 1978 (s 2)

s 8

Great Barrier Reef Marine Park Amendment Act 1978

140, 1978

20 Nov 1978

20 Nov 1978 (s 2)

Australian Federal Police (Consequential Amendments) Act 1979

155, 1979

28 Nov 1979

19 Oct 1979 (s 2(1) and Gaz 1979, No S206)

Australian Federal Police (Consequential Amendments) Act 1980

70, 1980

28 May 1980

28 May 1980 (s 2)

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part XXXVI (s 109, 110): 22 Sept 1982 (s 2(1))

Great Barrier Reef Marine Park Amendment Act 1983

97, 1983

22 Nov 1983

22 Nov 1983 (s 2)

s 4(2) and (3)

Public Service Reform Act 1984

63, 1984

25 June 1984

s 151(1) and (9): 1 July 1984 (s 2(4) and gaz 1984, No S245)

s 151(9)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

s 3: 3 July 1985 (s 2(1))

Public Service and Statutory Authorities Amendment Act 1985

166, 1985

11 Dec 1985

s 45: 8 Jan 1986 (s 2(7))

s 45(2)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1985

193, 1985

16 Dec 1985

s 3, 16: 16 Dec 1985 (s 2(1))

s 16

Great Barrier Reef Marine Park Amendment Act 1988

105, 1988

6 Dec 1988

s 1–13, 15–29(d), 30 and 31: 6 Dec 1988 (s 2(1))

s 14: 1 Sept 1989 (s 2(2) and gaz 1989, No S294)

s 29(e) and 32: 5 Oct 1989 (s 2(2) and gaz1989, No S319)

s 31 and 32

Arts, Territories and Environment Legislation Amendment Act 1989

60, 1989

19 June 1989

s 38: 19 June 1989 (s 2(1))

Great Barrier Reef Marine Park Amendment Act 1990

44, 1990

16 June 1990

16 June 1990 (s 2)

Great Barrier Reef Marine Park Amendment Act 1991

121, 1991

27 June 1991

1 Oct 1991 (s 2(1) and gaz 1991, No S217)

s 12

Arts, Sport, Environment, Tourism and Territories Legislation Amendment Act (No. 2) 1991

179, 1991

25 Nov 1991

25 Nov 1991 (s 2)

s 3(2)

Great Barrier Reef Marine Park Amendment Act 1993

13, 1993

9 June 1993

1 July 1993 (s 2)

Environment, Sport and Territories Legislation Amendment Act 1995

25, 1995

6 Apr 1995

Sch 1 and 2: 6 Apr 1995 (s 2)

Sch 1 (item 55)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 4 (items 80, 81): 25 Oct 1996 (s 2(1))

Environment, Sport and Territories Legislation Amendment Act 1997

118, 1997

7 July 1997

Sch 1 (items 37–47): 7 July 1997 (s 2(1))

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Sch 2 (items 795–804): 1 Jan 1998 (s 2(2) and gaz 1997, No GN49)

Environmental Reform (Consequential Provisions) Act 1999

92, 1999

16 July 1999

Sch 2 (items 11–13), Sch 4 (items 60–63) and Sch 7 (items 11–15): 16 July 2000 (s 2(1))

Sch 2 (item 13) and Sch 7 (items 12, 14)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Sch 1 (items 500–504): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584)

Corporate Law Economic Reform Program Act 1999

156, 1999

24 Nov 1999

Sch 10 (item 85): 13 Mar 2000 (s 2(1) item 2(c) and gaz 2000, No S114)

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Sch 2 (items 211–214, 418, 419): 24 May 2001 (s 2(3))

Sch 2 (items 418, 419)

Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001

15, 2001

22 Mar 2001

s 4 and Sch 1 (items 46–72): 24 May 2001 (s 2(1)(c))

s 4

Great Barrier Reef Marine Park Amendment Act 2001

48, 2001

21 June 2001

19 July 2001 (s 2)

s 4

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

Sch 1 (items 59, 60, 97): 29 Oct 2001 (s 2(1))

Sch 1 (item 97)

Great Barrier Reef Marine Park Amendment Act 2004

22, 2004

23 Mar 2004

Sch 1: 20 Apr 2004 (s 2 item 2)

Remainder: 23 Mar 2004 (s 2 item 1)

Sch 1 (item 24)

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

s 4 and Sch 1 (items 146–149, 496): 22 Feb 2005 (s 2 items 1, 2, 10)

s 4 and Sch 1 (item 496)

Great Barrier Reef Marine Park Amendment Act 2007

106, 2007

28 June 2007

1 July 2007 (s 2)

Sch 2

Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008

125, 2008

25 Nov 2008

Sch 1 (items 1–25), Sch 2 and Sch 3 (items 3–47, 49–52): 26 Nov 2008 (s 2(1) item 2)

Sch 4 (items 38–44), Sch 5 (items 88–157) and Sch 6: 25 Nov 2009 (s 2(1) item 3)

Sch 3 (items 49–52), Sch 4 (items 42–44), Sch 5 (items 147–157) and Sch 6 (items 35–42)

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Sch 10 (item 20): 20 Feb 2010 (s 2(1) item 13(a))

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Sch 5 (item 60): 25 Nov 2009 (s 2(1) item 34)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 1 (item 59): 22 Mar 2011 (s 2(1) item 2)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 661–671) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12)

Sch 3 (items 10, 11)

Navigation (Consequential Amendments) Act 2012

129, 2012

13 Sept 2012

Sch 2 (item 15): 1 July 2013 (s 2(1) item 2)

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Sch 1 (items 60, 61): 22 Sept 2012 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 1 (item 39) and Sch 8 (item 16): 24 June 2014 (s 2(1) items 2, 9)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 5 (items 14–33), Sch 6 (items 47, 48), Sch 9 (items 140–156) and Sch 14: 1 July 2014 (s 2(1) items 3, 6, 14)

Sch 14

as amended by

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 1 (item 17): 25 Mar 2015 (s 2(1) item 2)

Acts and Instruments (Framework Reform) Act 2015

10, 2015

5 Mar 2015

Sch 1 (items 144–146, 166–179): 5 Mar 2016 (s 2(1) item 2)

Sch 1 (items 166–179)

as amended by

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 3 (items 1, 6): 5 Mar 2016 (s 2(1) item 8)

Sch 1 (item 6)

Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023

74, 2023

20 Sept 2023

Sch 6 (item 1): 18 Oct 2023 (s 2(1) item 3)

Environment Legislation Amendment Act 2015

11, 2015

5 Mar 2015

Sch 2 (items 43–53): 6 Mar 2015 (s 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (items 241–252): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 3 (item 20): 10 Dec 2015 (s 2(1) item 7)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 179, 394): 10 Mar 2016 (s 2(1) item 6)

Great Barrier Reef Marine Park Amendment Act 2017

89, 2017

23 Aug 2017

24 Aug 2017 (s 2(1) item 1)

Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018

12, 2018

5 Mar 2018

Sch 1 (items 1–38, 45–49): 29 Oct 2018 (s 2(1) item 2)

Sch 2: 6 Mar 2018 (s 2(1) item 3)

Sch 1 (items 45–49) and Sch 2 (items 6–12)

as amended by

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (item): 1 Sept 2021 (s 2(1) item 5)

Great Barrier Reef Marine Park Amendment (Coronavirus Economic Response Package) Act 2020

63, 2020

19 June 2020

20 June 2020 (s 2(1) item 1)

Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023

74, 2023

20 Sept 2023

Sch 1 (items 51–53): 20 Mar 2024 (s 2(1) item 2)

Sch 1 (item 53)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024

39, 2024

31 May 2024

Sch 3 (items 18–32): 14 Oct 2024 (s 2(1) item 2)

Administrative Review Tribunal (Miscellaneous Measures) Act 2025

14, 2025

20 Feb 2025

Sch 2 (item 86): 21 Feb 2025 (s 2(1) item 2)

Endnote 4Amendment history

Provision affected

How affected

Part I

s 2A...........................................

ad No 125, 2008

s 3.............................................

am No 140, 1978; No 65, 1985; No 105, 1988; No 121, 1991; No 13, 1993; No 25, 1995; No 118, 1997; No 92, 1999; No 137, 2000; No 15, 2001; No 48, 2001; No 22, 2004; No 106, 2007; No 125, 2008; No 46, 2011; No 129, 2012; No 31, 2014; No 62, 2014; No 12, 2018; No 39, 2024

s 3AA........................................

ad No 125, 2008

s 3AB........................................

ad No 125, 2008

s 3A...........................................

ad No 44, 1990

am No 125, 2008

s 3B...........................................

ad No 48, 2001

s 4.............................................

am No 140, 1978; No 105, 1988; No 125, 2008

rs No 145, 2015

s 4A...........................................

ad No 15, 2001

s 5.............................................

am No 140, 1978

rs No 125, 2008

Part II

s 6.............................................

am No 62, 2014; No 12, 2018

s 7.............................................

am No 140, 1978; No 97, 1983; No 65, 1985; No 105, 1988; No 121, 1991; No 25, 1995; No 152, 1997; No 106, 2007; No 125, 2008

s 7A...........................................

ad No 105, 1988

am No 118, 1997; No 12, 2018

s 8.............................................

am No 140, 1978; No 106, 2007; No 62, 2014; No 12, 2018

s 8A...........................................

ad No 106, 2007

rep No 62, 2014

s 8B...........................................

ad No 106, 2007

am No 62, 2014; No 12, 2018

Part III

s 9.............................................

am No 152, 1997; No 106, 2007

rep No 62, 2014

s 10............................................

am No 140, 1978; No 25, 1995; No 118, 1997; No 106, 2007; No 125, 2008; No 12, 2018

s 11............................................

am No 25, 1995; No 159, 2001

rs No 12, 2018

s 12............................................

am No 105, 1988; No 25, 1995; No 43, 1996

rs No 12, 2018

s 13............................................

rs No 179, 1991

am No 25, 1995; No 146, 1999

rs No 12, 2018

s 14............................................

am No 25, 1995

rs No 12, 2018

s 15............................................

am No 25, 1995; No 46, 2011; No 12, 2018

s 15A.........................................

ad No 12, 2018

s 15B.........................................

ad No 12, 2018

s 16............................................

am No 105, 1988; No 179, 1991; No 25, 1995; No 152, 1997; No 156, 1999; No 106, 2007; No 62, 2014

rs No 12, 2018

s 16A.........................................

ad No 105, 1988

am No 25, 1995; No 152, 1997

rs No 106, 2007; No 62, 2014

am No 12, 2018

s 16B.........................................

ad No 106, 2007

rep No 62, 2014

ad No 12, 2018

s 17............................................

am No 25, 1995; No 125, 2008; No 12, 2018

s 18............................................

rep No 65, 1985

ad No 125, 2008

s 19............................................

rep No 65, 1985

ad No 12, 2018

Part IV.......................................

rep No 106, 2007

s 20............................................

rep No 106, 2007

s 21............................................

am No 13, 1993; No 25, 1995

rep No 106, 2007

s 22............................................

am No 140, 1978; No 25, 1995

rep No 106, 2007

s 23............................................

am No 140, 1978; No 25, 1995

rep No 106, 2007

s 24............................................

am No 140, 1978; No 105, 1988; No 25, 1995; No 43, 1996

rep No 106, 2007

s 25............................................

am No 140, 1978; No 25, 1995

rep No 106, 2007

s 26............................................

rs No 140, 1978

am No 25, 1995

rep No 106, 2007

s 27............................................

am No 140, 1978; No 105, 1988; No 25, 1995

rep No 106, 2007

s 27A.........................................

ad No 105, 1988

rep No 106, 2007

s 28............................................

am No 25, 1995

rep No 106, 2007

s 29............................................

rep No 106, 2007

Part V

Division 1

Division 1 heading......................

ad No 125, 2008

s 31............................................

am No 92, 1999; No 125, 2008; No 10, 2015

Division 2

Division 2 heading......................

ad No 125, 2008

s 32............................................

am No 105, 1988; No 25, 1995; No 106, 2007

rs No 125, 2008

s 32A.........................................

ad No 125, 2008

s 32B.........................................

ad No 125, 2008

s 32C.........................................

ad No 125, 2008

s 33............................................

am No 97, 1983; No 106, 2007

rep No 125, 2008

s 34............................................

am No 140, 1978

rep No 105, 1988

ad No 106, 2007

am No 125, 2008; No 126, 2015

s 35............................................

rep No 105, 1988

ad No 106, 2007

s 35A.........................................

ad No 125, 2008

s 35B.........................................

ad No 125, 2008

s 35C.........................................

ad No 125, 2008

am No 126, 2015

s 35D.........................................

ad No 125, 2008

am No 126, 2015

s 35DA......................................

ad No 12, 2018

s 35E.........................................

ad No 125, 2008

am No 126, 2015

s 35F..........................................

ad No 125, 2008

am No 126, 2015

s 35G.........................................

ad No 125, 2008

s 36............................................

am No 140, 1978; No 105, 1988; No 25, 1995

s 37............................................

am No 140, 1978; No 105, 1988

rs No 106, 2007

am No 125, 2008; No 126, 2015

s 37A.........................................

ad No 106, 2007

am No 125, 2008; No 126, 2015

Division 3

Division 3 heading......................

ad No 125, 2008

rs No 125, 2008

s 37AA......................................

ad No 125, 2008

Division 4

Division 4..................................

ad No 125, 2008

s 37AB.......................................

ad No 125, 2008

s 37AC.......................................

ad No 125, 2008

s 38............................................

am No 140, 1978; No 65, 1985; No 25, 1995

rep No 125, 2008

Part VAA

Part VAA...................................

ad No 125, 2008

Division 1

s 38A.........................................

ad No 105, 1988

rs No 25, 1995

am No 48, 2001

rep No 125, 2008

s 38AA......................................

ad No 125, 2008

s 38AB.......................................

ad No 125, 2008

Division 2

s 38B.........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38BA.......................................

ad No 125, 2008

am No 11, 2015

s 38BB.......................................

ad No 125, 2008

am No 11, 2015

s 38BC.......................................

ad No 125, 2008

s 38BD.......................................

ad No 125, 2008

Division 3

s 38C.........................................

ad No 105, 1988

rs No 25, 1995; No 15, 2001

rep No 125, 2008

s 38CA.......................................

ad No 48, 2001

rs No 125, 2008

s 38CB.......................................

ad No 48, 2001

rs No 125, 2008

Division 3A

s 38CC.......................................

ad No 48, 2001

rs No 125, 2008

Division 4

s 38D.........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38DA......................................

ad No 125, 2008

s 38DB.......................................

ad No 125, 2008

s 38DC.......................................

ad No 125, 2008

s 38DD......................................

ad No 125, 2008

s 38DE.......................................

ad No 125, 2008

Division 5

s 38E.........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38EA.......................................

ad No 125, 2008

s 38EB.......................................

ad No 125, 2008

Division 6

s 38F..........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38FA.......................................

ad No 125, 2008

s 38FB.......................................

ad No 125, 2008

s 38FC.......................................

ad No 125, 2008

s 38FD.......................................

ad No 125, 2008

s 38FE.......................................

ad No 125, 2008

s 38FD.......................................

ad No 125, 2008

Division 7

s 38G.........................................

ad No 105, 1988

rs No 25, 1995; No 15, 2001

rep No 125, 2008

s 38GA......................................

ad No 125, 2008

am No 11, 2015

s 38GB.......................................

ad No 125, 2008

am No 11, 2015

Division 8

s 38H.........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38HA......................................

ad No 125, 2008

s 38HB.......................................

ad No 125, 2008

s 38HC.......................................

ad No 125, 2008

s 38HD......................................

ad No 125, 2008

s 38HE.......................................

ad No 125, 2008

s 38HF.......................................

ad No 125, 2008

s 38HB.......................................

ad No 125, 2008

s 38J..........................................

ad No 105, 1988

am No 25, 1995; No 118, 1997; No 15, 2001; No 48, 2001

rep No 125, 2008

s 38K.........................................

ad No 105, 1988

am No 25, 1995

rep No 125, 2008

s 38L.........................................

ad No 25, 1995

am No 48, 2001

rep No 125, 2008

s 38M........................................

ad No 105, 1988

rep No 25, 1995

ad No 48, 2001

rep No 125, 2008

s 38MA......................................

ad No 48, 2001

rep No 125, 2008

s 38MB......................................

ad No 48, 2001

rep No 125, 2008

s 38MC......................................

ad No 48, 2001

rep No 125, 2008

s 38N.........................................

ad No 105, 1988

am No 25, 1995; No 48, 2001

rep No 125, 2008

s 39............................................

rs No 92, 1999

rep No 125, 2008

Part VA

Part VA......................................

ad No 13, 1993

Division 1

s 39A.........................................

ad No 13, 1993

s 39AA......................................

ad No 22, 2004

Division 2

s 39B.........................................

ad No 13, 1993

am No 22, 2004

s 39C.........................................

ad No 13, 1993

s 39D.........................................

ad No 13, 1993

s 39DA......................................

ad No 22, 2004

s 39DB.......................................

ad No 22, 2004

s 39E.........................................

ad No 13, 1993

am No 22, 2004

s 39F..........................................

ad No 13, 1993

s 39FAA....................................

ad No 63, 2020

Division 2A

Division 2A................................

ad No 22, 2004

s 39FA.......................................

ad No 22, 2004

am No 125, 2008

s 39FB.......................................

ad No 22, 2004

am No 125, 2008

s 39FC.......................................

ad No 22, 2004

s 39FD.......................................

ad No 22, 2004

s 39FE.......................................

ad No 22, 2004

s 39FF........................................

ad No 125, 2008

s 39FG.......................................

ad No 63, 2020

Division 3

s 39G.........................................

ad No 13, 1993

am No 22, 2004; No 125, 2008

s 39H.........................................

ad No 13, 1993

am No 22, 2004

s 39I..........................................

ad No 13, 1993

am No 22, 2004; No 8, 2005

rs No 106, 2007

rep No 125, 2008

s 39J..........................................

ad No 13, 1993

am No 22, 2004

s 39K.........................................

ad No 13, 1993

am No 22, 2004; No 125, 2008

s 39KA......................................

ad No 22, 2004

rep No 106, 2007

Division 4

s 39L.........................................

ad No 13, 1993

s 39M........................................

ad No 13, 1993

am No 39, 2024; No 14, 2025

s 39N.........................................

ad No 13, 1993

am No 39, 2024

Division 5

s 39P..........................................

ad No 13, 1993

am No 137, 2000; No 22, 2004

s 39PA.......................................

ad No 22, 2004

am No 125, 2008

s 39Q.........................................

ad No 13, 1993

am No 15, 2001; No 22, 2004

s 39R.........................................

ad No 13, 1993

rep No 137, 2000

Division 5A

Division 5A................................

ad No 106, 2007

rs No 62, 2014

s 39QA......................................

ad No 106, 2007

am No 136, 2012

rs No 62, 2014

Division 6

s 39S..........................................

ad No 13, 1993

s 39T.........................................

ad No 13, 1993

am No 22, 2004; No 125, 2008

s 39U.........................................

ad No 13, 1993

am No 22, 2004

Part VB

Part VB......................................

ad No 25, 1995

s 39V.........................................

ad No 25, 1995

s 39W........................................

ad No 25, 1995

am No 125, 2008

s 39X.........................................

ad No 25, 1995

s 39Y.........................................

ad No 25,1995

am No 92, 1999

s 39Z.........................................

ad No 25, 1995

rep No 125, 2008

s 39ZA.......................................

ad No 25, 1995

s 39ZB.......................................

ad No 25, 1995

am No 125, 2008

s 39ZC.......................................

ad No 25, 1995

s 39ZD.......................................

ad No 25, 1995

am No 118, 1997; No 125, 2008

s 39ZE.......................................

ad No 25, 1995

am No 125, 2008

s 39ZF.......................................

ad No 25, 1995

rs No 25, 2008

am No 10, 2015

s 39ZFA.....................................

ad No 12, 2018

s 39ZG.......................................

ad No 25, 1995

am No 125, 2008; No 10, 2015

s 39ZH.......................................

ad No 25, 1995

am No 125, 2008; No 10, 2015; No 89, 2017

s 39ZI........................................

ad No 25, 1995

rs No 125, 2008

am No 89, 2017

Part VI

Division 1

Division 1..................................

ad No 12, 2018

s 39ZJ........................................

ad No 12, 2018

s 39ZK.......................................

ad No 12, 2018

s 39ZL.......................................

ad No 12, 2018

s 39ZM......................................

ad No 12, 2018

s 39ZN.......................................

ad No 12, 2018

s 39ZP.......................................

ad No 12, 2018

s 39ZQ.......................................

ad No 12, 2018

s 39ZR.......................................

ad No 12, 2018

s 39ZS.......................................

ad No 12, 2018

s 39ZT.......................................

ad No 12, 2018

s 39ZU.......................................

ad No 12, 2018

Division 2

Division 2 heading......................

ad No 12, 2018

s 40............................................

am No 63, 1984; No 105, 1988; No 25, 1995; No 146, 1999; No 12, 2018

s 41............................................

am No 166, 1985

s 42............................................

am No 140, 1978; No 63, 1984; No 121, 1991; No 146, 1999

rep No 125, 2008

s 43............................................

rs No 121, 1991

am No 25, 1995; No 125, 2008; No 62, 2014

s 43A.........................................

ad No 125, 2008

am No 62, 2014

s 44............................................

am No 155, 1979; No 70, 1980; No 125, 2008

ed C32

s 45............................................

am No 25, 1995; No 15, 2001; No 74, 2023

s 45A.........................................

ad No 25, 1995

am No 15, 2001

rep No 125, 2008

Division 3

Division 3 heading......................

ad No 12, 2018

s 46............................................

am No 105, 1988; No 121, 1991; No 25, 1995

rs No 125, 2008

s 46A.........................................

ad No 105, 1988

rs No 25, 1995

rep No 125, 2008

s 46B.........................................

ad No 25, 1995

rep No 125, 2008

s 46C.........................................

ad No 25, 1995

rep No 125, 2008

s 46D.........................................

ad No 25, 1995

rep No 125, 2008

s 47............................................

am No 140, 1978; No 65, 1985; No 105, 1988; No 121, 1991; No 25, 1995; No 62, 2014

rs No 125, 2008

am No 12, 2018

s 47A.........................................

ad No 25, 1995

am No 15, 2001

rep No 125, 2008

s 47B.........................................

ad No 25, 1995

am No 15, 2001

rep No 125, 2008

s 48............................................

am No 140, 1978; No 65, 1985; No 105, 1988; No 121, 1991; No 25, 1995; No 92, 1999; No 15, 2001

rs No 125, 2008

am No 5, 2011; No 12, 2018

ed C34

s 48AA......................................

ad No 25, 1995

rep No 125, 2008

s 48AB.......................................

ad No 25, 1995

rep No 125, 2008

s 48A.........................................

ad No 105, 1988

am No 25, 1995; No 118, 1997

rs No 125, 2008

am No 62, 2014

Part VII

Part VII......................................

rs No 106, 2007

Division 1

s 49............................................

am No 65, 1985; No 105, 1988

rep No 25, 1995

ad No 106, 2007

am No 62, 2014

s 50............................................

am No 65, 1985

rep No 105, 1988

ad No 106, 2007

am No 62, 2014

s 51............................................

rep No 105, 1988

ad No 106, 2007

s 52............................................

am No 36, 1978

rs No 106, 2007

Division 2

s 53............................................

am No 97, 1983; No 152, 1997

rs No 106, 2007

am No 125, 2008

rs No 62, 2014

am No 12, 2018

s 53A.........................................

ad No 105, 1988

rep No 152, 1997

ad No 62, 2014

am No 12, 2018

s 54............................................

am No 97, 1983

rep No 152, 1997

ad No 106, 2007

am No 125, 2008

s 54A.........................................

ad No 97, 1983

rep No 106, 2007

s 54B.........................................

ad No 97, 1983

rep No 106, 2007

Division 3..................................

rep No 62, 2014

s 55............................................

rs No 105, 1988

rep No 152, 1997

ad No 106, 2007

rep No 62, 2014

s 56............................................

am No 97, 1983; No 60, 1989; No 152, 1997

rep No 106, 2007

s 57............................................

am No 97, 1983

rep No 105, 1988

s 58............................................

am No 65, 1985

rep No 105, 1988

s 59............................................

am No 140, 1978

rep No 106, 2007

Part VIIA

Part VIIA...................................

ad No 121, 1991

s 59A.........................................

ad No 121, 1991

s 59B.........................................

ad No 121, 1991

am No 25, 1995; No 15, 2001; No 4, 2016

s 59C.........................................

ad No 121, 1991

am No 25, 1995; No 15, 2001; No 4, 2016

s 59D.........................................

ad No 121, 1991

am No 25, 1995; No 15, 2001; No 4, 2016

s 59E.........................................

ad No 121, 1991

s 59F..........................................

ad No 121, 1991

am No 25, 1995; No 136, 2012; No 62, 2014; No 12, 2018

s 59G.........................................

ad No 121, 1991

am No 39, 2024

s 59H.........................................

ad No 121, 1991

am No 15, 2001

s 59I..........................................

ad No 121, 1991

am No 25, 1995

s 59J..........................................

ad No 121, 1991

s 59K.........................................

ad No 121, 1991

s 59L.........................................

ad No 121, 1991

am No 25, 1995; No 15, 2001; No 31, 2014; No 4, 2016

s 59M........................................

ad No 121, 1991

Part VIII

Part VIII heading........................

rs No 125, 2008

Division 1

Division 1..................................

ad No 125, 2008

s 60

am No 36, 1978

rep No 105, 1988

s 61............................................

rep No 125, 2008

Subdivision A

s 61AAA....................................

ad No 125, 2008

s 61AAB....................................

ad No 125, 2008

s 61AAC....................................

ad N 125, 2008

s 61AAD....................................

ad No 125, 2008

Subdivision B

s 61ABA....................................

ad No 125, 2008

s 61ABB....................................

ad No 125, 2008

Subdivision C

s 61ACA....................................

ad No 125, 2008; No 8, 2010

s 61ACB....................................

ad No 125, 2008

Subdivision D

s 61ADA....................................

ad No 125, 2008

s 61ADB....................................

ad No 125, 2008

s 61ADC....................................

ad No 125, 2008

s 61ADD....................................

ad No 125, 2008

s 61ADE....................................

ad No 125, 2008

s 61ADF....................................

ad No 125, 2008

s 61ADG....................................

ad No 125, 2008

s 61ADH....................................

ad No 125, 2008

Subdivision E

s 61AEA....................................

ad No 125, 2008

s 61AEB...................................

ad No 125, 2008

Subdivision F

s 61AFA....................................

ad No 125, 2008

Subdivision G

s 61AGA....................................

ad No 125, 2008

Subdivision H

s 61AHA....................................

ad No 125, 2008

s 61AHB...................................

ad No 125, 2008

Subdivision I

s 61AIA.....................................

ad No 125, 2008

s 61AIB.....................................

ad No 125, 2008

s 61AIC.....................................

ad No 125, 2008

s 61AID.....................................

ad No 125, 2008

s 61AIE......................................

ad No 125, 2008

s 61AIF......................................

ad No 125, 2008

s 61AIG.....................................

ad No 125, 2008

s 61AIH.....................................

ad No 125, 2008

s 61AII.......................................

ad No 125, 2008

s 61AIJ......................................

ad No 125, 2008

s 61AIK.....................................

ad No 125, 2008

s 61AIL......................................

ad No 125, 2008

Subdivision J

s 61AJA.....................................

ad No 125, 2008

Subdivision K

s 61AKA....................................

ad No 125, 2008

Division 2

Division 2 heading......................

ad No 125, 2008

Subdivision A

s 61ALA....................................

ad No 125, 2008

Subdivision B

s 61AMA...................................

ad No 125, 2008

am No 12, 2018

s 61AMB...................................

ad No 125, 2008

am No 12, 2018

s 61AMC...................................

ad No 125, 2008

am No 12, 2018

s 61AMD...................................

ad No 125, 2008

Subdivision C

s 61ANA....................................

ad No 125, 2008

Subdivision D

s 61AOA....................................

ad No 125, 2008

s 61AOB....................................

ad No 125, 2008

s 61AOC....................................

ad No 125, 2008

Subdivision E

s 61APA....................................

ad No 125, 2008

s 61A.........................................

ad No 105, 1988

am No 25, 1995; No 152, 1997; No 106, 2007; No 125, 2008

s 61B.........................................

ad No 105, 1988

am No 25, 1995; No 15, 2001; No 125, 2008; No 4, 2010; No 62, 2014 (md)

s 61C.........................................

ad No 105, 1988

am No 22, 2004; No 125, 2008; No 62, 2014

s 62............................................

rep No 125, 2008; No 15, 2001

rep No 125, 2008

s 63............................................

am No 140, 1978; No 105, 1988

Part IX

Part IX heading...........................

ad No 125, 2008

s 64............................................

rs No 105, 1988

am No 137, 2000

rs No 125, 2008

am No 39, 2024

s 64A.........................................

ad No 125, 2008

am No 39, 2024

s 64B.........................................

ad No 62, 2014

s 65............................................

am No 125, 2008

s 65A.........................................

ad No 125, 2008; No 62, 2014

s 66............................................

am No 140, 1978; No 80, 1982; No 65, 1985; No 193, 1985; No 105, 1988; No 121, 1991; No 25, 1995; No 48, 2001; No 106, 2007; No 125, 2008; No 5, 2015; No 126, 2015; No 12, 2018

Schedule 1

Heading to Schedule....................

rep No 121, 1991

Heading to Schedule 1.................

ad No 121, 1991

Schedule....................................

rs No 140, 1978

Schedule 2..................................

ad No 121, 1991

rep No 48, 2001

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