Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993
Act No. 14 of 1993 as amended
This compilation was prepared on 2 December 2008
taking into account amendments up to Act No. 125 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Application of the Great Barrier Reef Marine Park Act 1975
4 Imposition of charge
Notes
An Act to impose a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, so far as that charge is a duty of excise
1 Short title [see Note 1]
This Act may be cited as the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993.
2 Commencement [see Note 1]
This Act commences, or is taken to have commenced, as the case requires, on the commencement of Part VA of the Great Barrier Reef Marine Park Act 1975.
3 Application of the Great Barrier Reef Marine Park Act 1975
Sections 4 and 5 of the Great Barrier Reef Marine Park Act 1975 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.
4 Imposition of charge
(1) Charge payable in accordance with section 39B of the Great Barrier Reef Marine Park Act 1975 is imposed.
(2) This section imposes charge only so far as that charge is a duty of excise within the meaning of section 55 of the Constitution.
Notes to the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993
Note 1
The Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993 as shown in this compilation comprises Act No. 14, 1993 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993 | 14, 1993 | 9 June 1993 | 1 July 1993
(see s. 2) | — |
Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 | 125, 2008 | 25 Nov 2008 | Schedule 1 (item 26): 26 Nov 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3.................... | rs. No. 125, 2008 |
|
Overview
The Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993 was enacted by the Parliament of Australia to address the need for additional revenue to support the environmental management and conservation of the Great Barrier Reef Marine Park. The Act was introduced to impose a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, specifically identifying this charge as a duty of excise. By doing so, the Act aligns with the broader legislative framework of the Great Barrier Reef Marine Park Act 1975, ensuring that the imposed charges are recognised within the constitutional limitations of excise duties. The primary policy objective of this Act is to generate funds necessary for the effective management and preservation of the environmental integrity of the Great Barrier Reef, one of the world's most significant natural wonders.
Scope and Application
The Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993 applies to the imposition of a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, specifically as a duty of excise as defined in section 55 of the Constitution. This Act complements the broader framework established by the Great Barrier Reef Marine Park Act 1975, applying sections 4 and 5 of that Act to this legislation in a corresponding manner. The charge imposed is applicable to those entities and persons involved in the grant or transfer of permissions within the Great Barrier Reef Marine Park, which encompasses a range of industries and activities subject to environmental management regulations. The Act’s jurisdictional reach is limited to the Commonwealth, as it is a federal statute, and it applies nationally across the Great Barrier Reef Marine Park area. There are no stated exclusions or exemptions within the Act itself, although specific exclusions may be detailed in the subordinate Great Barrier Reef Marine Park Regulations. The application of this Act can be further extended or restricted through amendments and subordinate instruments, which may include additional details or specific provisions not explicitly stated in the Act.
Key Provisions
The Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993 (C2004A04569) imposes a charge on the grant or transfer of certain permissions under the Great Barrier Reef Marine Park Regulations, treating this charge as a duty of excise. Section 4 of the Act applies the provisions of the Great Barrier Reef Marine Park Act 1975 in relation to this Act. Section 5 mandates that the charge is imposed according to section 39B of the Great Barrier Reef Marine Park Act 1975, and explicitly states that the charge is a duty of excise as defined in section 55 of the Constitution.
The Act imposes several obligations on the parties and entities it governs. Primarily, it requires that any charge imposed under the Great Barrier Reef Marine Park Regulations be treated as a duty of excise. This means that any person responsible for granting or transferring permissions within the marine park must ensure that the charge is collected and accounted for in accordance with the Great Barrier Reef Marine Park Act 1975. This includes compliance with any related administrative procedures and record-keeping requirements.
Failure to comply with the requirements of this Act can result in various penalties and consequences. Under the Great Barrier Reef Marine Park Act 1975, which this Act references, there are provisions for both civil and criminal penalties. For example, in cases of non-compliance, individuals or entities may face fines, and in severe cases, criminal charges may be pursued. The specific penalties depend on the nature and severity of the breach, with potential maximum penalties outlined in the Great Barrier Reef Marine Park Act 1975. These penalties are intended to enforce compliance and protect the environmental integrity of the Great Barrier Reef Marine Park.