Federal Register of Legislation - Australian Government

Primary content

Act No. 149 of 1968 as amended, taking into account amendments up to Act No. 176 of 1987
Registered 24 Nov 2009
Start Date 23 Jan 1988
End Date 03 Feb 1992
Date of repeal 03 Feb 1992
Repealed by Fisheries Legislation (Consequential Provisions) Act 1991

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 [Note: This Act is "repealed" by Act No. 163 of 1991]
(#DATE 30:09:1991)

Compilation Information

- Reprinted as at 30 September 1991
*1*The Continental Shelf (Living Natural Resources) Act 1968 as shown in this reprint comprises Act No. 149, 1968 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Continental Shelf (Living Natural Resources) Act 1968
149, 1968 9 Dec 1968 15 Apr 1970 (see Gazette
1970, p. 1499)
Continental Shelf (Living Natural Resources) Act 1973
219, 1973 20 Dec 1973 20 Dec 1973 S. 20
Administrative Changes (Consequential Provisions) Act 1976
91, 1976 20 Sept 1976 S. 3: (a) S. 4
Continental Shelf (Living Natural Resources) Amendment Act 1978
100, 1978 24 Aug 1978 24 Aug 1978 S. 5
Australian Federal Police (Consequential Amendments) Act 1979
155, 1979 28 Nov 1979 19 Oct 1979 (see s. 2 and -
Gazette 1979, No. S206)
Australian Federal Police (Consequential Amendments) Act 1980
70, 1980 28 May 1980 28 May 1980 -
Continental Shelf (Living Natural Resources) Amendment Act 1980
94, 1980 6 June 1980 1 Oct 1981 (see s. 2 and -
Gazette 1981, No. G39, p. 2)
Continental Shelf (Living Natural Resources) Amendment Act 1981
182, 1981 8 Dec 1981 Ss. 1 and 2: Royal Assent -
S. 8: 1 Nov 1982 (see s.
2 (3) and Gazette 1982, No.
G43, p. 2)
Remainder: 1 Nov 1982 (see
s. 2 (2) and Gazette 1982,
No. G43, p. 2)
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept 1982 Part LXXVII (s. 280): Royal S. 280 (2)
Assent (b) and (3)
Torres Strait Treaty (Miscellaneous Amendments) Act 1984
22, 1984 26 Apr 1984 Part X (ss. 29 and 30): 15 -
Feb 1985 (see s. 2 (2) and Gazet
te 1985, No. S38)
Remainder: 15 Feb 1985 (see
s. 2 (1) and Gazette 1985,
No. S38)
Fishing Legislation Amendment Act 1984
30, 1984 18 May 1984 15 June 1984 -
Fishing Legislation Amendment Act 1987
176, 1987 26 Dec 1987 Part II (ss. 3-14): 23 Jan 4 (2), 12
1988 (c) (2) and 13
(2)
(a) The Continental Shelf (Living Natural Resources) Act 1968 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2 (7) of which provides as follows:
"(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975."
(b) The Continental Shelf (Living Natural Resources) Act 1968 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (1) of which provides as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent."
(c) The Continental Shelf (Living Natural Resources) Act 1968 was amended by Part II (sections 3-14) only of the Fishing Legislation Amendment Act 1987, subsection 2 (1) of which provides as follows:
"(1) Subject to subsections (2) and (3), this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
Provision affected
How affected
S. 4
rep. No. 219, 1973
ad. No. 22, 1984
S. 5
am. No. 219, 1973; No. 91, 1976; No. 155, 1979; No. 70, 1980;
No. 80, 1982; No. 30, 1984
S. 6
am. No. 219, 1973
rep. No. 91, 1976
ad. No. 94, 1980
S. 6A
ad. No. 219, 1973
am. No. 91, 1976
S. 7
am. No. 219, 1973
S. 8
am. No. 219, 1973; No. 182, 1981
S. 9
am. No. 219, 1973
S. 10
am. No. 219, 1973; No. 91, 1976; No. 182, 1981
S. 11
am. No. 219, 1973; No. 91, 1976
S. 12
am. No. 219, 1973; No. 91, 1976; No. 94, 1980; No. 182, 1981;
No. 176, 1987
S. 13
am. No. 219, 1973; No. 91, 1976; No. 182, 1981; No. 176, 1987
S. 13A
ad. No. 219, 1973
am. No. 91, 1976
Ss. 13B-13D
ad. No. 182, 1981
S. 14
am. No. 219, 1973; No. 182, 1981; No. 176, 1987
S. 15
am. No. 219, 1973; No. 100, 1978; No. 182, 1981; No. 176, 1987
S. 16
am. No. 219, 1973; No. 94, 1980; No. 182, 1981; No. 176, 1987
S. 17
am. No. 219, 1973; No. 182, 1981; No. 176, 1987
S. 17AA
ad. No. 176, 1987
S. 17A
ad. No. 219, 1973
am. No. 176, 1987
S. 17B
ad. No. 176, 1987
S. 18
am. No. 219, 1973; No. 91, 1976; No. 182, 1981
rs. No. 176, 1987
S. 18A
ad. No. 176, 1987
S. 19
am. No. 182, 1981
S. 20
am. No. 219, 1973; No. 91, 1976; No. 182, 1981
Ss. 21, 22
am. No. 219, 1973; No. 91, 1976
S. 23
am. No. 91, 1976
S. 25
am. No. 219, 1973; No. 100, 1978; No. 182, 1981; No. 176, 1987

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

PART I-PRELIMINARY

1. Short title

2. Commencement

3. Repeal

4. Application of Act to Protected Zone

5. Interpretation

6. Administration of Act

6A. Secretaries and delegates subject to directions of Ministers

7. Declaration of sedentary organisms to which this Act applies

8. Declaration of areas of continental shelf adjacent to external
Territories

9. Application of Act

10. Delegation

PART II-REGULATION OF THE TAKING OF SEDENTARY ORGANISMS

11. Controlled areas

12. Notices by Minister

13. Licences

13A. Cancellation and suspension of licences

13B. Agreement to grant licences

13C. Payment of Levy

13D. Fisheries agreements

14. Powers of officers

PART III-OFFENCES

15. Offences in relation to licences and unlicensed operations

16. Offences in relation to notices under section 12

17. Obstruction of officers etc.

17AA. Taking of sedentary organisms not an offence in certain circumstances

17A. Liability of master or person in charge of ship

17B. Conduct by directors, servants or agents of bodies corporate

18. Certain offences to be indictable offences

18A. Forfeiture

19. Jurisdiction of courts

20. Evidentiary certificates

PART IV-RESEARCH

21. Research in relation to the living natural resources of the
continental shelf

22. Investigations into economic matters

PART V-MISCELLANEOUS

23. Issue of permits for scientific purposes

24. Description of areas by reference to a larger area etc.

25. Regulations

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - LONG TITLE

SECT

An Act relating to the Living Natural Resources of the
Continental Shelf

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - PART I
PART I-PRELIMINARY

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 1
Short title

SECT

1. This Act may be cited as the Continental Shelf (Living Natural Resources) Act 1968.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 3
Repeal

SECT

3. The Pearl Fisheries Act 1952, the Pearl Fisheries Act 1953 and the Pearl Fisheries Act (No. 2) 1953 are repealed.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 4
Application of Act to Protected Zone

SECT

4. (1) In this section, "Protected Zone" has the same meaning as in the Torres Strait Fisheries Act 1984.
(2) The provisions of this Act other than this section and sections 14 and 17 do not, except in relation to matters that occurred before the commencement of the Torres Strait Fisheries Act 1984, apply to or in relation to the Protected Zone.
(3) Where there is in force a Proclamation under subsection 15 (1) or (2) of the Torres Strait Fisheries Act 1984 in relation to an area adjacent to the Protected Zone, the provisions of this Act other than this section and sections 14 and 17 do not, except in relation to matters that occurred before the Proclamation came into force, apply to or in relation to any activities within that area to which the Torres Strait Fisheries Act 1984 applies by virtue of the Proclamation.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 5
Interpretation

SECT

5. (1) In this Act, unless the contrary intention appears:
"Australia" includes the Territory of Ashmore and Cartier Islands;
"Australian continental shelf" means the continental shelf adjacent to the coast of Australia (including the continental shelf adjacent to the Territory of Ashmore and Cartier Islands);
"Australian ship" means a ship the operations of which are based on a place in Australia and that is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia, being a ship that:
(a) was built in Australia;
(b) has been lawfully imported into Australia, otherwise than for a limited period; or
(c) has been sold, or otherwise disposed of, in Australia after having been forfeited or distrained under this or any other Act or under a law of a State or Territory;
"commercial purpose" includes any trading or manufacturing purpose;
"continental shelf" has the same meaning as in the Convention;
"continental shelf of an external Territory" means the continental shelf adjacent to an external Territory;
"controlled area" means an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, declared by notice in force under section 11 to be a controlled area in relation to sedentary organisms of any kind;
"Convention" means the Convention entitled "Convention on the Continental Shelf" signed at Geneva on 29 April 1958, being the Convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967-1973;
"diver" means a diver who dives with the aid of mechanical breathing apparatus, whether or not he also dives without such aid;
"diver's tender" means the person attending on a diver and in charge of the diving operations while the diver is under water;
"exempt boat" means a boat (not being a foreign ship) that belongs to, and is ordinarily attached to or carried on board, a ship, but does not include such a boat at a time when the boat is used independently of a ship;
"external Territory" means a Territory not forming part of Australia;
"foreign ship" means:
(a) in relation to the Australian Continental Shelf-a ship other than an Australian ship; and
(b) in relation to the continental shelf of an external Territory-a ship other than a ship that is a Territory ship in relation to that Territory;
"officer" means:
(a) an officer or employee of Australia, of the Administration of a Territory or of an authority of Australia who is authorized in writing by the Secretary to perform duties under this Act;
(b) an officer or employee of a State who is authorized in writing by the Secretary to perform duties under this Act in pursuance of an arrangement between Australia and the State;
(c) a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory; or
(d) a member of the Defence Force;
"Secretary" means the Secretary to the Department;
"sedentary organism" means an organism of a kind declared by Proclamation in force under section 7 to be a sedentary organism to which this Act applies;
"ship" means any vessel, boat or craft, other than a vessel or craft used in air navigation, and includes a barge, lighter or any other floating vessel;
"Territory ship", in relation to an external Territory, means a ship the operations of which are based on a place in the Territory and that is wholly owned by a natural person who is a resident of, or by a company incorporated in, the Territory, being a ship that:
(a) was built in the Territory;
(b) has been lawfully imported into the Territory; or
(c) has been sold, or otherwise disposed of, in the Territory after having been forfeited or distrained under this or any other Act or under a law of the Territory.
(2) Unless the contrary intention appears, a reference in this Act to the Australian continental shelf or to the continental shelf of an external Territory shall be read as including a reference to the waters above the Australian continental shelf or the continental shelf of the Territory, as the case may be, and a reference in this Act to an area, or part of an area, of the Australian continental shelf or of the continental shelf of an external Territory shall be read as including a reference to the waters above that area or that part of that area.
(3) For the purposes of this Act, a person shall be deemed to be using a ship in searching for and taking sedentary organisms of a particular kind if:
(a) he is using the ship as a place of abode or refuge, or for storing provisions, for:
(i) persons employed in or in connexion with searching for or taking
sedentary organisms of that kind; or
(ii) persons engaged in superintending persons so employed;
(b) he is using the ship for transporting, or as a place for storing, sedentary organisms, or parts of sedentary organisms of that kind;
(c) he is using the ship as a place from which persons search for or take sedentary organisms of that kind; or
(d) he is otherwise using the ship in or in connexion with searching for or taking sedentary organisms of that kind.
(4) A reference in this Act to the continental shelf, in relation to the Coral Sea Islands Territory, shall be read as including a reference to the seabed and subsoil of the submarine areas within the territorial sea of that Territory.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 6
Administration of Act

SECT

6. In the administration of this Act, the Minister shall ensure, so far as practicable, that measures taken under this Act are not inconsistent with the preservation, conservation and protection of whales and other cetacea.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 6A
Secretaries and delegates subject to directions of Ministers

SECT

6A. (1) The Secretary or his delegate or a delegate of the Minister is, in the exercise of his powers and the performance of his functions under this Act, subject to the directions of the Minister.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 7
Declaration of sedentary organisms to which this Act applies

SECT

7. Where the Governor-General is satisfied that a marine organism of any kind is, for the purposes of the Convention, part of the living natural resources of the Australian continental shelf, or the continental shelf of an external Territory, by reason that it is, for the purposes of the Convention, an organism belonging to sedentary species, he may, by Proclamation, declare the organism to be a sedentary organism to which this Act applies.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 8
Declaration of areas of continental shelf adjacent to external Territories

SECT

8. (1) The Governor-General may, by Proclamation, declare an area of continental shelf specified in the Proclamation to be, for the purposes of this Act, an area of continental shelf adjacent to an external Territory so specified.
(2) Where a Proclamation is in force under subsection (1), the area of continental shelf specified in the Proclamation shall, for the purposes of this Act, be deemed to be an area of continental shelf adjacent to the Territory specified in the Proclamation, and shall be deemed not to be an area of continental shelf adjacent to Australia.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 9
Application of Act

SECT

9. This Act extends to all the Territories and to all parts of the Australian continental shelf and all parts of the continental shelf of an external Territory, and applies to all persons, including foreigners, and to all ships, including foreign ships.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 10
Delegation

SECT

10. (1) Subject to this section, the Minister or the Secretary may, by writing under his hand, delegate to a person or authority, either generally or otherwise, all or any of his powers or functions except this power of delegation or his powers and functions under section 13A, 13B, 13C or 13D.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the person who gave the delegation.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - PART II
PART II-REGULATION OF THE TAKING OF SEDENTARY ORGANISMS

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 11
Controlled areas

SECT

11. The Minister may, by notice published in the Gazette, declare an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, specified in the notice to be, in relation to sedentary organisms of a kind so specified, a controlled area for the purposes of this Act.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 12
Notices by Minister

SECT

12. (1) The Minister may, by notice published in the Gazette:
(a) prohibit the taking, either at all times or during a specified period, of sedentary organisms of a specified kind in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind;
(b) prohibit the taking of any sedentary organism of a specified kind that is less than a specified size or has, or has a part having, a dimension less than a specified dimension in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind;
(c) prohibit the taking, by a method, equipment or ship of a specified kind, of any sedentary organism of a specified kind in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind;
(d) prohibit the taking by any one ship, during a specified period, of a quantity of sedentary organisms of a specified kind that is in excess of a specified quantity in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind;
(da) prohibit the searching for or taking of sedentary organisms of a specified kind in a specified part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, except by a person who holds a licence under subsection 13 (1) that, by virtue of an endorsement under subsection 13 (1A), extends to authorizing the searching or taking, as the case may be, to which the notice relates;
(db) prohibit the use of ships for searching for or taking sedentary organisms of a specified kind in a specified part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, other than ships in respect of which there are licences under subsection 13 (2) that, by virtue of an endorsement under subsection 13 (2A), extend to authorizing the use to which the notice relates;
(e) prohibit the taking by any one person, during a specified period, of a quantity of sedentary organisms of a specified kind that is in excess of a specified quantity in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind;
(f) prohibit the removal of sedentary organisms of a specified kind from the Australian continental shelf, or the continental shelf of an external Territory, being an external Territory specified in the notice, unless the organisms are dead;
(g) prohibit, either at all times or during a specified period, the navigating by any person of a ship in respect of which a licence has been issued under subsection 13 (2) in a specified area of the Australian continental shelf, or a specified area of the continental shelf of an external Territory; and
(h) prohibit a person from using or having in the possession or under the control of the person, on a ship, equipment of a specified kind for taking sedentary organisms unless that equipment is marked or otherwise identified in a specified manner.
(2) In a notice containing a prohibition under paragraph (1) (b), the Minister may also prohibit the cutting up or dismembering, on a ship in the area to which the prohibition relates, of sedentary organisms to which the prohibition relates that are taken from that area.
(3) A notice under subsection (1) may do all or any of the following:
(a) contain prohibitions under 2 or more paragraphs of that subsection;
(b) specify the day on which the prohibition or a particular prohibition contained in the notice is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the notice);
(c) specify the period during which the prohibition or a particular prohibition contained in the notice is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the notice);
(d) provide for exemptions from the prohibition or prohibitions contained in the notice.
(4) A prohibition contained in a notice under subsection (1) comes into force on the day on which the notice is published or on such later day as is specified in the notice.
(5) A prohibition contained in a notice under subsection (1) has effect:
(a) if a period is specified in the notice as being the period during which the prohibition is to have effect-during that period; or
(b) in any other case-at all times.
(6) Where:
(a) a prohibition contained in a notice (in this subsection referred to as the "subsequent notice") under subsection (1) relates to matters referred to in paragraph (1) (da) or (db); and
(b) the notice provides for the revocation of a previous notice under that subsection that contains a prohibition that relates to matters referred to in that paragraph;
the following provisions have effect:
(c) the subsequent notice may provide that endorsements under subsection 13 (1A) or (2A), as the case requires, that would, but for the revocation of the previous notice, have extended licences to authorise the searching or taking, or the use, or both, as the case may be, to which the prohibition contained in the previous notice related are to extend the licences to authorise the searching or taking, or the use, or both, as the case may be, to which the prohibition contained in the subsequent notice relates;
(d) where the subsequent notice so provides, any such endorsements extend the licences accordingly.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 13
Licences

SECT

13. (1) The Minister or the Secretary may grant to a person a licence authorizing the person to search for and take sedentary organisms of a specified kind in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind.
(1A) Where a licence granted under subsection (1) would, but for a prohibition contained in a notice under paragraph 12 (1) (da), extend to authorizing a person to search for and take sedentary organisms of a kind to which the prohibition applies in the part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, to which the prohibition applies, the Minister or the Secretary may endorse the licence so as to identify the notice and to extend the licence to authorize the person to search for and take sedentary organisms of that kind in that part.
(2) The Minister or the Secretary may grant to a person a licence in respect of a ship authorizing the use of the ship by that person, or by a person acting on his behalf, in searching for and taking sedentary organisms of a specified kind in, or in a specified part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of that kind.
(2AA) Without otherwise limiting the generality of subsection (2), the Minister or the Secretary may refuse to grant a licence under that subsection in respect of a ship if the Minister or the Secretary, as the case may be, has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the ship.
(2A) Where a licence granted under subsection (2) would, but for a prohibition contained in a notice under paragraph 12 (1) (db), extend to authorizing the use of a ship in searching for and taking sedentary organisms of a kind to which the prohibition applies in the part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, to which the prohibition applies, the Minister or the Secretary may endorse the licence so as to identify the notice and to extend the licence to authorize the use of the ship in searching for and taking sedentary organisms of that kind in that part.
(3) A licence authorizing the use of a ship in searching for and taking sedentary organisms of a particular kind in an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, extends, subject to any conditions specified in the licence, to authorizing the use of the ship in that area, in relation to sedentary organisms of that kind, for any purpose specified in a paragraph of subsection 5 (3).
(4) The Minister or the Secretary may grant to or in respect of a person:
(a) a licence authorizing the employment of the person, in a controlled area specified in the licence, as a diver;
(b) a licence authorizing the employment of the person, in a controlled area specified in the licence, as a trial diver; or
(c) a licence authorizing the employment of the person, in a controlled area specified in the licence, as a diver's tender.
(5) A person authorized to grant licences under this section may, in his discretion, grant or refuse an application for a licence.
(6) A licence granted under this section:
(a) is subject to such conditions as are specified in the licence; and
(b) remains in force for such period as is specified in the licence.
(7) The Minister or the Secretary may, in his discretion, on the application of the holder of a licence in respect of a ship and of another person as proposed transferee, transfer the licence to that other person.
(8) Such fees, if any, as are prescribed are payable in respect of the grant of a licence, or the transfer of a licence, under this section.
(9) Where, during any month of the year, a licence under this section relating to the continental shelf of an external Territory has been granted or transferred, Australia shall, not later than the last day of the next succeeding month, pay to the Administration of the Territory an amount equal to the amount of any fee received by Australia in respect of the grant or transfer of the licence.
(10) A licence under this section shall be in accordance with a form approved by the Minister.
(11) Registers showing the licences granted under this section and in force from time to time shall be kept at such places as the Minister directs.
(12) Nothing in this Act prevents a licence under this section and a licence of the same kind under a law of a State or Territory being combined and issued as one instrument.
(13) Nothing in this Act prevents the exercise of any of the powers of a person under this section (other than powers of the Minister or the Secretary) by another person having authority as agent, trustee or otherwise to exercise that power or powers that include that power.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 13A
Cancellation and suspension of licences

SECT

13A. (1) The Minister or the Secretary may cancel a licence under this section if:
(a) he is satisfied that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;
(b) the holder of the licence has been convicted of an offence against this Act or the Fisheries Act 1952 or that Act as amended; or
(c) the holder has been convicted of an offence under the law of a State or Territory relating to fisheries.
(2) The Minister or the Secretary may, by notice in writing expressed to be given under this subsection given to the holder of a licence under section 13, suspend that licence if he has reasonable grounds to suspect that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject, not being grounds in relation to which he has previously exercised his powers under this subsection.
(3) The suspension of a licence under subsection (2), unless sooner revoked, ceases:
(a) if proceedings for an offence in respect of the licence are instituted against its holder within one month after the suspension-on the completion of those proceedings; or
(b) in any other case-on the expiration of one month after the suspension.
(4) The Minister or the Secretary may, by notice in writing expressed to be given under this subsection given to the holder of a licence under section 13, suspend that licence for a specified time if:
(a) the holder has had a licence relating to a ship or to the searching for or taking of sedentary organisms held by him under the law of a State or Territory suspended or cancelled; and
(b) the Minister or the Secretary, as the case may be, is satisfied, after consulting the relevant authority of the State or Territory, that suspension for that period under this subsection is necessary for the proper management of sedentary organisms in an area of the sea-bed or subsoil of the sea.
(5) A suspension of a licence under subsection (2) or (4) may be expressed to operate either generally or in so far as the licence applies in relation to an area of the continental shelf or to sedentary organisms of a specified kind.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 13B
Agreement to grant licences

SECT

13B. (1) The Minister may, on behalf of the Commonwealth, enter into an agreement with a person that contains a provision under which the Minister agrees to grant a licence or 2 or more licences under subsection 13 (2) (whether to that person or to any other person or persons) in respect of a foreign ship or 2 or more foreign ships.
(2) Where the Minister has entered into an agreement that contains a provision of a kind referred to in subsection (1) with a person, the Minister may enter into a further agreement with the person varying the terms of the provision or varying the terms of the provision as varied pursuant to this subsection.
(3) Where the Minister enters into an agreement that contains a provision of a kind referred to in subsection (1) or, pursuant to subsection (2), enters into a further agreement, the Minister shall cause a copy of the agreement or a copy of the further agreement, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the agreement or the further agreement, as the case may be, is entered into.
(4) Where:
(a) the Minister has entered into an agreement that contains a provision of a kind referred to in subsection (1) of this section; or
(b) there is in force an agreement between Australia and the government of another country that contains a provision under which licences under subsection 13 (2) are agreed to be granted in respect of foreign ships (whether or not the provision also provides for the payment of an amount or amounts to Australia);
the Minister or the Secretary shall, in determining whether or not to grant the licence or any of the licences to which the agreement relates, have regard only to the terms of the agreement.
(5) Subsection (4) has effect only so far as that subsection is not a law imposing taxation within the meaning of section 55 of the Constitution.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 13C
Payment of Levy

SECT

13C. (1) In this section, "levy" means the levy imposed by the Foreign Fishing Boats Levy Act 1981 on the grant of a licence in respect of a foreign ship.
(2) The Minister or the Secretary may make arrangements with a person by whom an amount of levy is or will become payable in relation to the time for payment of, or the manner of payment of, the amount of levy or any part of that amount.
(3) The Minister may, on behalf of the Commonwealth, enter into an agreement with a body corporate that is incorporated under a law in force in a State or Territory and has applied, or intends to apply, for the grant of a licence or 2 or more licences under subsection 13 (2) in respect of a foreign ship or 2 or more foreign ships, being an agreement that contains a provision under which the Minister agrees, in consideration of the body corporate agreeing to provide a benefit or benefits for Australia within a period or periods specified in the agreement, to exempt the body corporate from the liability to pay the whole or any part of the amount of levy that would, but for this subsection, be payable in respect of the grant of that licence or those licences and, subject to subsection (6), where the Minister enters into such an agreement, the body corporate is not liable to pay that amount of levy or that part of that amount, as the case may be.
(4) Where the Minister has entered into an agreement that contains a provision of a kind referred to in subsection (3) with a body corporate, the Minister may enter into a further agreement with the body corporate varying the terms of the provision or varying the terms of the provision as varied pursuant to this subsection.
(5) Where the Minister enters into an agreement that contains a provision of a kind referred to in subsection (3) or, pursuant to subsection (4), enters into a further agreement, the Minister shall cause a copy of the agreement or a copy of the further agreement, as the case may be, to be laid before each House of the Parliament within 15 sitting days of that House after the agreement or the further agreement, as the case may be, is entered into.
(6) Where the Minister has entered into an agreement that contains a provision of a kind referred to in subsection (3) with a body corporate and the body corporate fails to provide the benefit or any one or more of the benefits that the body corporate had agreed to provide under the provision or, if the provision has been varied pursuant to subsection (4), under the provision as so varied, within the period in which the body corporate had agreed to provide that benefit or those benefits:
(a) the amount of levy or the part of the amount of levy from the payment of which the Minister had agreed to exempt the body corporate forthwith becomes due and payable by the body corporate; and
(b) the Minister may, by notice in writing given to the body corporate, suspend the licence or any one or more of the licences granted to the body corporate under subsection 13 (2) pursuant to the agreement.
(7) Where the Minister has suspended a licence under subsection (6), the Minister shall, by notice in writing given to the holder of the licence, revoke the suspension if:
(a) the body corporate pays to the Commonwealth the total amount of levy payable in respect of the grant of the licence and any amount that is payable by way of penalty under subsection (11) in relation to that amount of levy; or
(b) the Minister is satisfied that the body corporate has provided the benefit or benefits the failure to provide which resulted in the suspension of the licence.
(8) Where a person who is liable to pay an amount of levy on the grant of a licence under subsection 13 (2) in respect of a foreign ship (not being a licence granted pursuant to an agreement that contains a provision of a kind referred to in subsection (3)) fails to pay that amount to the Commonwealth at or before the time when that amount became due and payable, the Secretary may, by notice in writing given to the person, suspend the licence.
(9) Where the Secretary has suspended a licence under subsection (8), the Secretary shall, by notice in writing given to the holder of the licence, revoke the suspension if the holder of the licence pays to the Commonwealth the unpaid amount of levy on the grant of the licence and any amount that is payable by way of penalty under subsection (11) in relation to that amount of levy.
(10) An amount of levy on the grant of a licence (not being an amount of levy that becomes due and payable in accordance with subsection (6)) becomes due and payable:
(a) where the Minister or the Secretary has, pursuant to subsection (2), made arrangements with a person by whom the amount of levy is or will become payable in relation to the time for payment of, or the manner of payment of, the amount of levy or any part of that amount-in accordance with the arrangements; and
(b) in any other case-upon the expiration of 30 days after the grant of the licence.
(11) Where a person who is liable to pay an amount of levy on the grant of a licence in respect of a foreign ship fails to pay that amount or any part of that amount to the Commonwealth at or before the time when that amount became due and payable, the person is liable to pay to the Commonwealth, by way of penalty, in addition to that amount of levy, an amount calculated at the rate of 10% per month upon the amount of levy from time to time remaining unpaid, computed for the period commencing on the day on which that amount of levy became due and payable and ending on the expiration of the period specified in the licence as being the period during which the licence is to remain in force.
(12) An amount of levy that is due and payable and any amount that is payable by way of penalty under subsection (11) may be recovered by the Commonwealth in a court of competent jurisdiction as a debt due to the Commonwealth.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 13D
Fisheries agreements

SECT

13D. (1) If Australia enters into an agreement with the government of another country that contains a provision under which licences under subsection 13 (2) are agreed to be granted in respect of foreign ships (whether or not the provision also provides for the payment of an amount or amounts to Australia), the Minister shall cause a copy of the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is entered into.
(2) Where:
(a) an agreement that contains a provision of a kind referred to in subsection (1) is in force;
(b) the provision provides for the payment of an amount or amounts to Australia;
(c) a licence or licences to which the provision relates has or have been granted under subsection 13 (2) in respect of a foreign ship or foreign ships; and
(d) the amount or amounts specified in the provision or any part of that amount or of those amounts is not paid to Australia in accordance with the terms of the provision;
the Minister may, by notice in writing given to the holder of a licence of a kind referred to in paragraph (c), suspend the licence.
(3) Where the Minister has suspended a licence under subsection (2), the Minister shall, by notice in writing given to the holder of the licence, revoke the suspension if the amount or the amounts the failure to pay which resulted in the suspension of the licence is or are paid to Australia.
(4) Subsections (2) and (3) have effect only so far as those subsections are not laws imposing taxation within the meaning of section 55 of the Constitution.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 14
Powers of officers

SECT

14. (1) An officer may:
(a) board or enter upon a ship in a controlled area, or a ship that the officer has reasonable grounds to believe has been used, is being used or is intended to be used for searching for or taking sedentary organisms in a controlled area, and may:
(i) search the ship for equipment that has been used, is being used,
is intended to be used or is capable of being used for searching for or taking sedentary organisms or for any document relating to the operations of the ship; and
(ii) break open any hold, compartment, container or other receptacle
on the ship that the officer has reasonable grounds to believe contains any document, equipment or thing that may afford evidence as to the commission of an offence against this Act;
(aa) examine any sedentary organisms, equipment or document found pursuant to powers exercised under paragraph (a);
(ab) where the officer has reasonable grounds to believe that there is on any land or in any premises any document, equipment or thing that may afford evidence as to the commission of an offence against this Act-with the consent of the owner or occupier of the land or premises or in pursuance of a warrant granted under subsection (4):
(i) enter the land or premises using such force as is necessary for
the purpose;
(ii) search the land or premises and break open and search any
cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the officer has reasonable grounds to believe there is a document, equipment or thing of that kind; and
(iii) examine and take possession of, or secure against interference,
any document, equipment or thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act;
(ac) where the officer has reasonable grounds to believe that there is in any vehicle any document, equipment or thing that may afford evidence as to the commission of an offence against this Act:
(i) stop and detain the vehicle;
(ii) enter and search the vehicle;
(iii) break open and search any compartment, container or other
receptacle in which the officer has reasonable grounds to believe there is a document, equipment or thing of that kind; and
(iv) examine and take possession of, or secure against interference,
any document, equipment or thing that the officer has reasonable grounds to believe may afford evidence as to the commission of an offence against this Act;
(b) examine any equipment found on any ship or in any place, being equipment that the officer has reasonable grounds to believe has been used, is being used or is intended to be used for searching for or taking sedentary organisms in a controlled area;
(ba) board or enter upon a ship in respect of which the officer has reasonable grounds to believe levy imposed by the Foreign Fishing Boats Levy Act 1981 is payable or has been paid and take measurements of the ship;
(c) seize, detain, remove or secure:
(i) any sedentary organism that the officer has reasonable grounds to
believe has been taken in contravention of this Act;
(ii) any ship or equipment that the officer has reasonable grounds to
believe has been used, is being used or is intended to be used in contravention of this Act; or
(iii) any document or other thing that the officer has reasonable
grounds to believe may afford evidence as to the commission of an offence against this Act;
(d) arrest, without warrant, a person whom the officer has reasonable grounds to believe has committed an offence against this Act;
(e) require the master or other person in charge of a ship that the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act to bring the ship to a place specified by the officer, being a place in Australia or a Territory, and to remain in control of the ship at that place until an officer permits him to depart from that place;
(f) bring a ship that the officer has reasonable grounds to believe has been used, is being used or is intended to be used in contravention of this Act to a place in Australia or a Territory and remain in control of the ship pending the taking and determination of proceedings in respect of that contravention;
(g) require the master or other person in charge of a ship in respect of which a licence is required to be in force under this Act to produce the licence, and take copies of, or extracts from, the licence;
(h) require the master or other person in charge of a ship in respect of which a licence is required to be in force under this Act to give information concerning the ship and the crew and any person on board the ship;
(ha) where, for the purpose of ascertaining whether equipment that is on, or that is being used by or from, a ship is equipment of a kind specified in a notice that is in force under subsection 12 (1), it is necessary to ascertain the dimensions of the equipment-require the master or other person in charge of the ship to provide such reasonable assistance as is requested by the officer in order to ascertain the dimensions of the equipment (including, if the officer so requests, causing the equipment to be placed in the sea or on land, or to be removed from the sea and placed on the ship or on land);
(i) require a person who is on board a ship in respect of which a licence is required to be in force under this Act, or who is engaged in searching for or taking any sedentary organisms in a controlled area, or whom he reasonably suspects of having committed an offence against this Act, to state his name and place of abode;
(ia) require a person found on or in any land or premises entered in pursuance of paragraph (ab) or in any vehicle detained or searched under paragraph (ac):
(i) to state the name and place of abode of the person;
(ii) to produce any documents in the possession, or under the control,
of the person relating to any sedentary organisms found on the land or in the premises or vehicle; or
(iii) to give information concerning any such sedentary organisms;
(j) require a person engaged in searching for or taking sedentary organisms in a controlled area to state whether he is the holder of a licence under subsection 13 (1) or (4) and, if so, to produce the licence; and
(k) sell any sedentary organisms seized by him under this Act.
(2) An officer may, for the purpose of exercising his powers under paragraph (1) (ba), obtain the assistance of a person (not being an officer) and, where an officer obtains the assistance of such a person, that person shall, for the purpose of the exercise of those powers, be deemed to be an officer.
(3) Where an officer has reasonable grounds to believe that there is on any land or in any premises any document, equipment or thing that may afford evidence as to the commission of an offence against this Act, the officer may make application to a Justice of the Peace for a warrant authorising the officer to enter the land or premises for the purpose of ascertaining whether there is on that land or in those premises any such document, equipment or thing.
(4) If, on an application by an officer under subsection (3), the Justice of the Peace is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, on the land or in the premises to which the application relates, any document, equipment or thing that may afford evidence as to the commission of an offence against this Act, the Justice of the Peace may issue a warrant authorising the officer, together with any other person named in the warrant, to enter that land or those premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, and to exercise any of the powers of the officer under paragraph (1) (ab).
(5) A warrant issued under subsection (4) shall specify a day, being a day not later than 7 days after the day on which the warrant is issued, as being the day on which the warrant ceases to have effect, and the warrant shall cease to have effect on the day so specified.
(6) Where an officer (other than a force member who is in uniform) boards or enters upon a ship, the officer shall:
(a) where the officer is a force member-produce, for inspection by the master or other person in charge of the ship, written evidence of the fact that the officer is a force member; or
(b) in any other case-produce, for inspection by the master or other person in charge of the ship, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to remain on board the ship.
(7) Where an officer (other than a force member who is in uniform) proposes to enter and search, or to detain, a vehicle, the officer shall, if there is a person in charge of the vehicle:
(a) where the officer is a force member-produce, for inspection by the person in charge of the vehicle, written evidence of the fact that the officer is a force member; or
(b) in any other case-produce, for inspection by the person in charge of the vehicle, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to enter and search, or to detain, the vehicle.
(8) Where an officer (other than a force member who is in uniform) makes a requirement of another person under subsection (1) the officer shall:
(a) where the officer is a force member-produce, for inspection by the other person, written evidence of the fact that the officer is a force member; or
(b) in any other case-produce, for inspection by the other person, the officer's identity card;
and, if the officer fails to do so, the other person is not obliged to comply with the requirement.
(9) A reference in this section to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention of:
(a) section 6, 7 or 7A of the Crimes Act 1914; or
(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;
that relates to this Act.
(10) In this section:
"examine" includes count, measure, weigh, grade or gauge;
"force member" means:
(a) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(b) a member of the Defence Force.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - PART III
PART III-OFFENCES

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 15
Offences in relation to licences and unlicensed operations

SECT

15. (1) A person shall not, in an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of any kind, whether on his own account or as the partner, agent or employee of another person, search for or take sedentary organisms of that kind except as authorized by a licence granted to him under subsection 13 (1).
(2) A person shall not, in an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of any kind, use a ship (other than an exempt boat) in searching for or taking sedentary organisms of that kind except as authorized by a licence granted to him, or to a person on whose behalf he is acting, under subsection 13 (2).
(3) A person shall not, in a controlled area, have in his possession or in his charge a ship (other than an exempt boat) for use in searching for or taking sedentary organisms unless there is in force in respect of the ship a licence under subsection 13 (2) authorizing the use of the ship by him, or by a person on whose behalf he is acting, in searching for and taking sedentary organisms in that area.
(3AA) A person who contravenes subsection (1), (2) or (3) is guilty of an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person-$5,000; or
(b) if the person is a body corporate-$25,000.
(3A) A person shall not, in an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, that is a controlled area in relation to sedentary organisms of any kind, use a foreign ship in searching for or taking sedentary organisms of that kind unless there is in force a licence under subsection 13 (2) authorizing the use of the ship in that area.
(3B) A person shall not, in a controlled area, have in his possession or in his charge a foreign ship for use in searching for or taking sedentary organisms unless there is in force a licence under subsection 13 (2) authorizing the use of the ship in that area.
(3BA) A person who contravenes subsection (3A) or (3B) is guilty of an offence punishable:
(a) on summary conviction-by a fine not exceeding:
(i) if the person is a natural person-$5,000; or
(ii) if the person is a body corporate-$25,000; and
(b) on conviction on indictment-by a fine not exceeding:
(i) if the person is a natural person-$50,000; or
(ii) if the person is a body corporate-$250,000.
(3C) A person shall not, in a controlled area, trans-ship sedentary organisms to a ship in respect of which there is not in force a licence under section 13.
(4) A person shall not, in a controlled area, employ or have on board a ship, for the purpose of searching for or taking any sedentary organisms, a diver, trial diver or diver's tender unless there is in force in respect of him a licence granted under subsection 13 (4) authorizing his employment, in that area, as a diver, trial diver or diver's tender, as the case may be.
(5) A person who is the holder of a licence under this Act shall not contravene a condition of the licence and a person acting on behalf of the holder of a licence under subsection 13 (2) shall not contravene a condition of that licence.
(5A) A person who contravenes subsection (3C), (4) or (5) in circumstances in which the person is not guilty of an offence under subsection (5B) is guilty of an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person-$5,000; or
(b) if the person is a body corporate-$25,000.
(5B) A person who contravenes subsection (3C), (4) or (5) with the use of a foreign ship is guilty of an offence punishable:
(a) on summary conviction-by a fine not exceeding:
(i) if the person is a natural person-$5,000; or
(ii) if the person is a body corporate-$25,000; and
(b) on conviction on indictment-by a fine not exceeding:
(i) if the person is a natural person-$50,000; or
(ii) if the person is a body corporate-$250,000.
(6) Subject to subsections (6A) and (6B), it is a defence to a prosecution for an offence against subsection (1), (2), (3) or (4) if the person charged with the offence proves:
(a) in the case of an offence against subsection (1)-that he was not searching for or taking sedentary organisms for a commercial purpose;
(b) in the case of an offence against subsection (2)-that he was not using a ship in searching for or taking sedentary organisms for a commercial purpose;
(c) in the case of an offence against subsection (3)-that he did not have a ship in his possession or in his charge for use in searching for or taking sedentary organisms for a commercial purpose; or
(d) in the case of an offence against subsection (4)-that the diver, trial diver or diver's tender was not employed or on board the ship for the purpose of searching for or taking sedentary organisms for a commercial purpose.
(6A) Proof of the matter referred to in paragraph (6) (a) is not a defence to a prosecution for an offence against subsection (1) if a foreign ship was used for searching for or taking the sedentary organisms concerned.
(6B) Proof of a matter referred to in paragraph (6) (b), (c) or (d) is not a defence to a prosecution for an offence against subsection (2), (3) or (4), as the case may be, if the ship concerned was a foreign ship.
(7) Subsections (2), (3), (3A) and (3B) do not apply in relation to a foreign ship if:
(a) the equipment for searching for and taking sedentary organisms belonging to the ship is stowed and secured; and
(b) the work of cutting up, dismembering, cleaning, sorting or packing sedentary organisms is not being carried out on the ship.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 16
Offences in relation to notices under section 12

SECT

16. (1) A person (including a person who is, or is acting on behalf of the person who is, the holder of a licence under this Act or in respect of whom a licence is in force under this Act) shall not contravene a notice in force under section 12.
(1A) A person who contravenes subsection (1) in circumstances in which the person is not guilty of an offence under subsection (1B) is guilty of an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person-$5,000; or
(b) if the person is a body corporate-$25,000.
(1B) A person who contravenes subsection (1) with the use of a foreign ship is guilty of an offence punishable:
(a) on summary conviction-by a fine not exceeding:
(i) if the person is a natural person-$5,000; or
(ii) if the person is a body corporate-$25,000; and
(b) on conviction on indictment-by a fine not exceeding:
(i) if the person is a natural person-$50,000; or
(ii) if the person is a body corporate-$250,000.
(2) For the purposes of the prosecution of a person for an offence arising under subsection (1), an act done by an employee or other agent of the person charged shall be deemed to have been done also by that person.
(3) A person does not contravene subsection (1) by reason of navigating a ship in contravention of a notice in force under paragraph 12 (1) (g) if it was necessary to do so, by reason of weather or sea conditions, in order to secure the safety of the ship or of human life.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 17
Obstruction of officers etc.

SECT

17.(1) A person shall not:
(a) fail to facilitate by all reasonable means the boarding of a ship by an officer acting in pursuance of his powers under this Act;
(b) refuse to allow a search to be made that is authorized by or under this Act;
(c) refuse or neglect to comply with a requirement made by an officer under section 14;
(ca) refuse to allow a person to take measurements of a ship in pursuance of paragraph 14 (1) (ba);
(d) when lawfully required to state his name and place of abode to an officer acting in pursuance of his powers under this Act-state a false name or place of abode to the officer;
(e) when lawfully required to give information by an officer acting in pursuance of his powers under this Act-give information to the officer that is, to the knowledge of the person, false or misleading;
(f) use abusive or threatening language to an officer acting in pursuance of his powers under this Act;
(g) assault, resist or obstruct an officer acting in pursuance of his powers under this Act;
(h) impersonate an officer;
(i) in an application for the purposes of this Act-make a statement or furnish information that is, to the knowledge of the person, false or misleading in any particular; or
(j) in a record, report, return or other document relating to the taking of sedentary organisms made, given or furnished, or purporting to be made, given or furnished, under this Act or the regulations-make a statement or furnish information that is, to the knowledge of the person, false or misleading in a material particular.
(2) A person who contravenes subsection (1) (other than paragraph (1) (j)) is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or by imprisonment for a period not exceeding 12 months, or both.
(3) A person who contravenes paragraph (1) (j) is guilty of an offence punishable, on conviction, by:
(a) if the person is a natural person-a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or
(b) if the person is a body corporate-a fine not exceeding $25,000.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 17AA
Taking of sedentary organisms not an offence in certain circumstances

SECT

17AA. Where:
(a) but for this section, a person would, by reason of the taking or removing of a sedentary organism (whether or not by reason also of any other act or any failure to act), be guilty of an offence against this Part; and
(b) the sedentary organism was returned to the water as soon as was reasonably practicable after being taken or removed;
the person is not guilty of the offence.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 17A
Liability of master or person in charge of ship

SECT

17A. (1) The master or other person in charge of a ship on which, or by the use of which, an offence against this Act (in this section referred to as the "primary offence") is committed is guilty of an offence against this section punishable, on conviction, as if it were the primary offence.
(2) A person may be convicted of an offence against this section, whether or not the identity of the person who committed the primary offence appears, or has appeared, from the evidence in the proceedings in respect of the offence against this section or in any other proceedings, but shall not be convicted of both an offence against this section and of the primary offence.
(3) The provisions of section 18A apply in relation to an offence against this section in like manner as they would apply if that offence were the primary offence.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 17B
Conduct by directors, servants or agents of bodies corporate

SECT

17B. (1) Where, in proceedings for an offence against this Act or the regulations in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(2) Any conduct engaged in on behalf of a body corporate:
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act and the regulations, to have been engaged in also by the body corporate.
(3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 18
Certain offences to be indictable offences

SECT

18. (1) An offence to which subsection 15 (3BA) or (5B) or 16 (1B) applies is an indictable offence.
(2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(3) An offence against this Act other than an offence referred to in subsection (1) is punishable summarily.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 18A
Forfeiture

SECT

18A. (1) Where a person is convicted of an offence against section 15 or 16, the court may order the forfeiture of any ship used or otherwise involved in the commission of the offence, and of its equipment and contents (other than the personal effects of members of the crew) and of any sedentary organisms found on the ship or the proceeds of the sale of any sedentary organisms so found.
(2) A ship or goods ordered by a court to be forfeited under this section becomes the property of the Commonwealth and shall be dealt with or disposed of in accordance with the directions of the Secretary.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 19
Jurisdiction of courts

SECT

19. (1) Subject to this section:
(a) the several courts of the States are invested with federal jurisdiction; and
(b) jurisdiction is conferred on the several courts of the Territories, with respect to offences against this Act or the regulations that are committed outside Australia and the Territories.
(2) The jurisdiction invested in or conferred on courts by subsection (1) is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions.
(3) The trial on indictment of an offence against this Act not committed within a State may be held in any State or Territory.
(4) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for:
(a) their summary conviction;
(b) their examination and commitment for trial on indictment;
(c) their trial and conviction on indictment; and
(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith;
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act or the regulations that was committed outside Australia and the Territories.
(5) Except as provided by this Act, the Judiciary Act 1903-1968 applies in relation to offences against this Act or the regulations.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 20
Evidentiary certificates

SECT

20. (1) The Minister or a person authorized in writing by him to give certificates under this subsection may give a certificate that, at a time specified in the certificate, a ship specified in the certificate was, or was not, an Australian ship.
(1A) The Minister or a person authorized in writing by him to give certificates under this subsection may give a certificate that, at a time specified in the certificate, a ship specified in the certificate was, or was not, in relation to an external Territory or an external Territory specified in the certificate, a Territory ship.
(1B) The Minister or a person authorized in writing by him to give a certificate under this subsection may give a certificate:
(a) that a submarine area specified in the certificate is an area of the Australian continental shelf or an area of the continental shelf of an external Territory;
(b) that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence under subsection 13 (1) authorizing him to search for and take sedentary organisms of a kind specified in the certificate in, or in a part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, so specified;
(c) that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence under subsection 13 (1) endorsed under subsection 13 (1A) so as to authorize him to search for and take sedentary organisms of a kind specified in the certificate in a part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, so specified;
(d) that, at a time specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a licence under subsection 13 (2) authorizing the use of a ship by him or by a person acting on his behalf in searching for and taking sedentary organisms of a kind specified in the certificate in, or in a part of, an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, so specified;
(e) that, at a time specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a licence in respect of a ship under subsection 13 (2) endorsed under subsection 13 (2A) so as to authorize the use of the ship by him or by a person acting on his behalf in searching for and taking sedentary organisms of a kind specified in the certificate in a part of an area of the Australian continental shelf, or an area of the continental shelf of an external Territory, so specified; or
(f) that, at a time specified in the certificate, a licence under subsection 13 (4) was not in force authorizing the employment of a person specified in the certificate, in a controlled area so specified, as a diver, as a trial diver or as a diver's tender, as the case may be.
(1C) A person giving a certificate under paragraph (1B) (d) or (e) that a person was the holder of a licence may, in the certificate, certify that conditions specified in the certificate were the conditions specified in the licence.
(1D) In proceedings for an offence against this Act or the regulations or in proceedings for the condemnation or recovery of a ship seized under this Act, a certificate given under this section is prima facie evidence of the matters specified in the certificate.
(1E) For the purposes of this section, a writing purporting to be a certificate given under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.
(2) Where a person (including a person on board a ship) is at any place that is, or is above, a part of the Australian continental shelf or a part of the continental shelf of an external Territory and he has in his possession or under his control any sedentary organism, then, in any prosecution of that person for an offence against subsection 15 (1), that possession or control is evidence that the person took the sedentary organism in that part of the Australian continental shelf or that part of the continental shelf of the Territory, as the case may be.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - PART IV
PART IV-RESEARCH

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 21
Research in relation to the living natural resources of the continental shelf

SECT

21. The Minister may cause to be carried out research into the living natural resources of the Australian continental shelf or of the continental shelf of an external Territory and, in particular, without limiting the generality of the foregoing, research into:
(a) means for developing the commercial exploitation of those resources; and
(b) means for the conservation of those resources.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 22
Investigations into economic matters

SECT

22. The Minister may cause investigations to be carried out into economic matters relating to the exploitation of the living natural resources of the Australian continental shelf or of the continental shelf of an external Territory.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - PART V
PART V-MISCELLANEOUS

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 23
Issue of permits for scientific purposes

SECT

23. (1) The Minister, or a person authorized in writing by the Minister to grant permits under this section, may grant a permit to a person authorizing that person, in an area of the Australian continental shelf or an area of the continental shelf of a Territory, to search for and take, for scientific purposes, subject to such conditions as are specified in the permit, sedentary organisms the taking of which is otherwise prohibited by or under this Act.
(2) The holder of a permit under this section is not guilty of an offence against this Act by reason of anything done by him that is authorized by the permit.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 24
Description of areas by reference to a larger area etc.

SECT

24. (1) A part of a controlled area is, for the purposes of this Act, sufficiently identified in an instrument under this Act if it is described in the instrument as being such part of the controlled area as is within an area specified in the instrument notwithstanding that the area specified in the instrument includes any area that is not part of the controlled area.
(2) An area of continental shelf is, for the purposes of this Act, sufficiently described in an instrument under this Act if it is described in the instrument as being the area of continental shelf beneath an area of waters specified in the instrument.

CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968 - SECT 25
Regulations

SECT

25. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular:
(a) for prescribing short methods of reference to areas of the Australian continental shelf, or areas of the continental shelf of a Territory, specified in the regulations, and the purposes for which those methods of reference may be used;
(b) for prescribing signals and rules of navigation to be observed by persons in charge of ships engaged in searching for or taking sedentary organisms in controlled areas;
(c) for prescribing the method of marking a ship in respect of which a licence is in force under this Act;
(d) for providing for the sale or disposal of any ship, sedentary organisms or other goods the forfeiture of which is ordered under this Act or of unclaimed equipment for use in searching for or taking sedentary organisms found in controlled areas;
(e) for regulating the rights of priority, in respect of the searching for or taking of sedentary organisms in controlled areas, as between persons engaged in searching for or taking sedentary organisms and for prescribing rules to be observed by persons engaged in searching for and taking of sedentary organisms in controlled areas;
(ea) for facilitating the exercise by officers of their powers under section 14;
(f) for providing for the furnishing of statistics in relation to the taking of sedentary organisms in controlled areas and in relation to the sale or disposal of sedentary organisms taken in controlled areas; and
(g) for prescribing penalties not exceeding a fine of $2,000 in the case of a natural person and $10,000 in the case of a body corporate for offences against the regulations.