Directions limiting access to Marine Park
61AEA Directions limiting access to Marine Park
Application of this section
This section applies in relation to a person if at least 3 strikes against the person have occurred within the last 10 years. For this purpose:
there is a strike against a person if the person has been convicted of an offence against this Act or a declaration of contravention of a civil penalty provision has been made against the person; and
the strike occurs on the date the person is convicted of the offence or the date of the declaration of contravention.
Directions limiting access to Marine Park
The Minister may, in writing, make a direction:
prohibiting the person from entering and using the Marine Park; or
imposing conditions on the person’s entry to and use of the Marine Park.
A copy of the direction must be given to the person.
Relevant matters
In deciding whether to make a direction under subsection (2), the Minister must have regard to:
the nature of the conduct involved in the strikes to which the direction relates; and
the objects of ensuring the person’s future compliance with this Act and preventing harm to the environment in the Marine Park.
The Minister must not make a direction under subsection (2) that is inconsistent with the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.
When directions have effect
A direction made under subsection (2):
takes effect:
on the day (if any) specified in the direction (which must not be earlier than the day on which a copy of the direction is given to the person); or
if no day is specified—on the day a copy of the direction is given to the person; and
continues in effect for the period specified in the direction (which must be no longer than 10 years after the strike that occurred most recently before the direction takes effect).
Variation and revocation
The Minister may vary or revoke a direction under subsection (2):
in the same manner as a direction under that subsection may be made; and
subject to the same conditions as apply to the making of a direction under subsection (2) (for this purpose, subsection (1) is not a condition).
Directions are not legislative instruments
A direction made under subsection (2) is not a legislative instrument.
This Act’s bill:Second reading speech
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