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Act No. 164 of 2006 as made
An Act to amend legislation relating to environment and heritage, and for related purposes
Administered by: Environment and Energy
Originating Bill: Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Bill 2006
Registered 12 Dec 2006
Date of Assent 11 Dec 2006
Table of contents.

 

 

 

 

 

 

Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006

 

No. 164, 2006

 

 

 

 

 

An Act to amend legislation relating to environment and heritage, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                 3

Part 1—Amendments                                                                                                      3

Antarctic Treaty (Environment Protection) Act 1980                                          3

Part 2—Application, saving and transitional provisions                                    20

Schedule 2—Other minor amendments                                                                    22

Water Efficiency Labelling and Standards Act 2005                                          22

 


 

 

Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006

No. 164, 2006

 

 

 

An Act to amend legislation relating to environment and heritage, and for related purposes

[Assented to 11 December 2006]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

11 December 2006

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

11 June 2007

3.  Schedule 2, item 1

Immediately after the commencement of section 7 of the Water Efficiency Labelling and Standards Act 2005.

18 March 2005

4.  Schedule 2, item 2

The day on which this Act receives the Royal Assent.

11 December 2006

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

Part 1Amendments

Antarctic Treaty (Environment Protection) Act 1980

1  Subsection 3(1) (definition of animal)

Repeal the definition, substitute:

animal includes:

                     (a)  a native bird, a native invertebrate and a native seal; and

                     (b)  an egg, part of an egg and an eggshell; and

                     (c)  a dead animal and part of a dead animal (but not something manufactured from a dead animal or from part of a dead animal).

2  Subsection 3(1)

Insert:

disturb an animal means cause a change in the animal’s behaviour otherwise than by physical contact with the animal.

3  Subsection 3(1)

Insert:

interfere has a meaning affected by subsection (7).

4  Subsection 3(1) (definition of native bird)

Repeal the definition, substitute:

native bird means:

                     (a)  a member, at any stage of its life cycle (including an egg, part of an egg and an eggshell), of any species of bird that is indigenous to the Antarctic; or

                     (b)  a dead bird, or any part of a dead bird, of any species referred to in paragraph (a).

5  Subsection 3(1) (definition of native mammal)

Repeal the definition.

6  Subsection 3(1)

Insert:

native seal means:

                     (a)  a member, at any stage of its life cycle, of any species of seal that is indigenous to the Antarctic; or

                     (b)  a dead seal, or any part of a dead seal, of a species mentioned in paragraph (a).

7  Subsection 3(1) (paragraph (b) of the definition of recognised foreign authority)

Repeal the paragraph, substitute:

                     (b)  either:

                              (i)  has been issued, given or made by a Party (other than Australia) to the Madrid Protocol that has accepted under that Protocol the same obligations as Australia in relation to the carrying on of that activity in the Antarctic; or

                             (ii)  has been issued, given or made by a Party (other than Australia) to the Seals Convention that has accepted under that Convention the same obligations as Australia in relation to the carrying on of that activity in the Antarctic.

8  Subsection 3(1) (definition of specially protected species)

Omit “mammal”, substitute “seal”.

9  Subsection 3(1) (definition of take)

Omit “mammal”, substitute “seal”.

10  Subsection 3(1) (definition of whale)

Repeal the definition.

11  At the end of section 3

Add:

             (6)  Except so far as the contrary intention appears, an expression that is used in both this Act and in the Seals Convention (whether or not a particular meaning is assigned to it by that Convention) has, in this Act, the same meaning as in the Convention.

             (7)  A reference in this Act to otherwise interfering with, or causing other interference with, an animal does not include a reference to disturbing the animal.

Note:          Disturb is defined in subsection (1).

12  Subsections 7C(1) and (2)

Omit “mammal”, substitute “seal”.

13  Subsection 9(1)

Repeal the subsection, substitute:

             (1)  On application to the Minister in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), the Minister may grant a person a permit in writing authorising the person, and any other person named in the permit, to carry on, during a specified period, one or more of the activities specified in the permit.

       (1AA)  The activities that may be authorised by a permit are the following:

                     (a)  an activity that has a result mentioned in paragraph 19(1A)(b);

                     (b)  an activity mentioned in paragraph 19(1)(b);

                     (c)  an activity mentioned in paragraph 19(1)(c);

                     (d)  an activity mentioned in paragraph 19(1)(d);

                     (e)  an activity mentioned in subsection 19(2) (other than paragraph (g));

                      (f)  an activity mentioned in paragraphs 19AA(1)(a) and (b);

                     (g)  an activity mentioned in paragraph 19AA(2)(a), if the rock or meteorite is to be gathered or collected in the Antarctic;

                     (h)  an activity mentioned in paragraph 19AB(a), if the seal, bird or plant is a native seal, native bird or native plant.

        (1AB)  Subsection (1) is subject to this section and to section 10.

        (1AC)  The Minister may grant a permit under subsection (1) subject to such conditions as the Minister thinks fit.

14  Subsection 9(2)

Repeal the subsection, substitute:

             (2)  In deciding whether to grant a permit, and in determining the conditions and limitations to which a permit is to be subject, the Minister must have regard to:

                     (a)  the purposes and principles of the Madrid Protocol; and

                     (b)  if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention.

15  After section 9

Insert:

9A  Authorities under permits

             (1)  A person who is a principal under a permit (see subsection (6)) may authorise, as necessary, other persons to accompany one or more of the principals under that permit in carrying on activities authorised by the permit.

             (2)  A principal must not authorise a person under subsection (1) unless:

                     (a)  the permit contains a condition allowing principals to do so; and

                     (b)  the authorisation is given in accordance with any requirements set out in that condition and any other conditions contained in the permit.

             (3)  A person authorised to accompany principals under a permit must comply with the conditions of the permit.

             (4)  Subject to subsection (3), a permit is, for the purposes of this Act, taken to authorise the carrying on by a person authorised under subsection (1) of any activity specified in the permit.

             (5)  The authorisation of a person under subsection (1) does not prevent a principal under that permit from carrying on any activities.

             (6)  In this section:

principal, under a permit, means a person:

                     (a)  to whom the permit was granted under subsection 9(1); or

                     (b)  who is named in the permit.

16  Subsection 10(1)

Omit “mammal”, substitute “seal”.

17  Subparagraph 10(1)(a)(i)

Omit “mammals”, substitute “seals”.

18  Subparagraph 10(1)(a)(i)

After “or taken”, insert “from local populations”.

19  At the end of subparagraph 10(1)(a)(ii)

Add “and”.

20  Subparagraphs 10(1)(b)(i) and (ii)

Repeal the subparagraphs, substitute:

                              (i)  if the permit relates to native birds—the construction and operation of scientific support facilities; or

                             (ii)  if the permit relates to native birds or native seals—providing specimens for scientific research, public education (including display in museums, zoological gardens or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit; or

                            (iii)  if the permit relates to native birds—monitoring or conserving the environment or an historic site or monument; or

                            (iv)  if the permit relates to native birds—providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii); and

21  Subsection 10(1A)

Omit “mammal” (wherever occurring), substitute “seal”.

22  Paragraph 10(1B)(a)

Omit “native animals”, substitute “native seals, native birds, native invertebrates”.

23  Subparagraphs 10(1B)(b)(i) and (ii)

Omit “; and”, substitute “; or”.

24  At the end of paragraph 10(1B)(b)

Add:

                            (iii)  monitoring or conserving the environment or an historic site or monument; or

                            (iv)  providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii); and

25  After subsection 10(1B)

Insert:

          (1C)  A permit authorising a person to gather or collect a meteorite, or to remove a rock or a meteorite, must be expressed so as to ensure, as far as possible, that the activities authorised by the permit will be carried on only to the extent that they are necessary for providing specimens for scientific research, public education (including display in museums or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit.

          (1D)  A permit authorising a person to bring into the Antarctic a native seal, native bird or native plant must be expressed so as to ensure, as far as possible, that the person takes all reasonable precautions to prevent the introduction of micro‑organisms not present in the Antarctic.

26  Subsection 12(2)

Repeal the subsection, substitute:

             (2)  In deciding whether to vary or revoke any of the conditions of a permit or to impose further conditions, the Minister must have regard to:

                     (a)  the purposes and principles of the Madrid Protocol; and

                     (b)  if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention.

27  Subsections 12N(1), (2) and (3)

Omit “the regulations”, substitute “section 12PA”.

28  Subsection 12N(4)

After “90 days”, insert “after the day on which the suspension takes effect”.

29  At the end of section 12N

Add:

             (6)  A variation, suspension or revocation done at the request of the person authorised to carry on an activity takes effect:

                     (a)  at the time notice of the variation, suspension or revocation is given; or

                     (b)  at any later time specified in the notice.

             (7)  A variation, suspension or revocation not done at the request of the person authorised to carry on an activity takes effect:

                     (a)  if the Minister considers that irreversible environmental damage would be likely to occur if the variation, suspension or revocation did not take effect immediately—at the time notice of the variation, suspension or revocation is given; or

                     (b)  at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice.

             (8)  Notice of a variation, suspension or revocation given under this section must state when the variation, suspension or revocation is to take effect.

             (9)  A failure to comply with subsection (8) does not invalidate a notice.

30  Section 12P

Before “If”, insert “(1)”.

31  Section 12P

Omit “the regulations”, substitute “section 12PA”.

32  At the end of section 12P

Add:

             (2)  A variation, revocation or imposition done at the request of the person authorised to carry on an activity takes effect:

                     (a)  at the time notice of the variation, revocation or imposition is given; or

                     (b)  at any later time specified in the notice.

             (3)  A variation, revocation or imposition not done at the request of the person authorised to carry on an activity takes effect:

                     (a)  if the Minister considers that irreversible environmental damage would be likely to occur if the variation, revocation or imposition did not take effect immediately—at the time notice of the variation, revocation or imposition is given; or

                     (b)  at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice.

             (4)  Notice of a variation, revocation or imposition given under this section must state when the variation, revocation or imposition is to take effect.

             (5)  A failure to comply with subsection (4) does not invalidate a notice.

33  After section 12P

Insert:

12PA  Method of giving notice of variations etc.

                   For the purposes of subsections 12N(1), (2) and (3) and 12P(1), the method by which notice must be given is:

                     (a)  in writing to the proponent of the activity covered by the authorisation to which the notice relates; or

                     (b)  by a message transmitted by radio, telephone or other electronic means to the proponent of the activity covered by the authorisation to which the notice relates; or

                     (c)  by notice published in the Gazette.

34  Subsection 15(3)

Omit “$100”, substitute “1 penalty unit”.

35  At the end of subsection 17(4)

Add:

             ; and (c)  require any person whom he or she finds doing, or whom he or she reasonably suspects of having done, an activity in respect of which the person is required to be authorised under Part 3 to produce such an authorisation or evidence of the existence and content of such an authorisation.

36  Subsection 17(7)

Repeal the subsection, substitute:

             (7)  A person commits an offence if:

                     (a)  an inspector makes a requirement of the person under this section; and

                     (b)  the person fails to comply with the requirement.

Penalty:  10 penalty units.

37  Subsection 17(7B)

Repeal the subsection (including the note).

38  Subparagraphs 19(1A)(b)(i), (ii) and (iii)

Omit “mammal”, substitute “seal”.

39  After subparagraph 19(1A)(b)(iii)

Insert:

                           (iiia)  disturbs a native bird or native seal; or

40  Subsection 19(1A) (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

41  At the end of paragraph 19(1)(b)

Add “or”.

42  Paragraph 19(1)(c)

After “bring into”, insert “, or keep in,”.

43  At the end of paragraph 19(1)(c)

Add “or”.

44  Paragraph 19(1)(caa)

Repeal the paragraph, substitute:

                  (caa)  bring a dog into the Antarctic or, being the owner of a dog, allow it to remain in the Antarctic; or

45  At the end of paragraph 19(1)(cb)

Add “or”.

46  Paragraph 19(1)(e)

Omit “the area;”, substitute “the area.”.

47  Subsections 19(1) and (1B) (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

48  Paragraph 19(2)(a)

After “of birds”, insert “or of seals”.

49  At the end of paragraph 19(2)(a)

Add “or”.

50  Paragraph 19(2)(b)

After “of birds”, insert “or of seals”.

51  At the end of paragraph 19(2)(b)

Add “or”.

52  Paragraph 19(2)(c)

After “of birds”, insert “or of seals”.

53  At the end of paragraph 19(2)(c)

Add “or”.

54  Paragraph 19(2)(d)

After “of birds”, insert “or of seals”.

55  At the end of paragraph 19(2)(d)

Add “or”.

56  Paragraph 19(2)(e)

Repeal the paragraph, substitute:

                     (e)  while on foot, disturb a concentration of birds or of seals; or

57  Subparagraph 19(2)(ea)(i)

Omit “animal”, substitute “seal”.

58  Subparagraph 19(2)(ea)(ii)

Omit “animals”, substitute “seals”.

59  At the end of paragraph 19(2)(ea)

Add “or”.

60  Subsection 19(2) (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

61  At the end of paragraphs 19(3)(a),(b) and (ba)

Add “or”.

62  Paragraph 19(3)(c)

Omit “except in the case of action of a kind referred to in paragraph (1)(caa), (1)(ca), (1)(cb), (1)(e), (1)(f), (1)(g) or (2)(g)—”.

63  Paragraph 19(3)(d)

Omit “establishment, supply or operation of a station”, substitute “construction or operation of a scientific support facility”.

64  Subsection 19(4) (definition of concentration)

Repeal the definition, substitute:

concentration:

                     (a)  of birds, means a group of more than 20 birds; or

                     (b)  of seals, means a group of more than 20 seals.

65  Subsection 19(4) (definition of permit)

Repeal the definition.

66  After section 19

Insert:

19AA  Offences relating to rocks and meteorites

             (1)  A person commits an offence if:

                     (a)  the person gathers or collects a meteorite; and

                     (b)  the person does so in the Antarctic; and

                     (c)  the person does not gather or collect the meteorite in accordance with a permit.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

             (2)  A person commits an offence if:

                     (a)  the person removes a rock or a meteorite from the Antarctic; and

                     (b)  the rock or meteorite was gathered or collected in the Antarctic (whether or not by the person); and

                     (c)  the person does not remove the rock or meteorite in accordance with a permit.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

19AB  Offence relating to return of indigenous species

                   A person commits an offence if:

                     (a)  the person brings into the Antarctic a seal, bird or plant; and

                     (b)  the seal, bird or plant is a native seal, a native bird or a native plant; and

                     (c)  the person does not bring the seal, bird or plant into the Antarctic in accordance with a permit.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

67  Section 19A

Before “A person”, insert “(1)”.

68  Section 19A (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 16 years or 1,000 penalty units, or both.

69  At the end of section 19A

Add:

             (2)  Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

70  Section 19B

Before “An Australian”, insert “(1)”.

71  Section 19B (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 16 years or 1,000 penalty units, or both.

72  Paragraph 19B(b)

Omit “19A(b)”, substitute “19A(1)(b)”.

73  At the end of section 19B

Add:

             (2)  Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

74  Paragraph 19C(3)(a)

Omit “$10,000”, substitute “100 penalty units”.

75  Paragraph 19C(3)(b)

Omit “$50,000”, substitute “500 penalty units”.

76  Paragraph 20(1)(a)

After “the person”, insert “(including a provision of a condition that is applicable to the person because of subsection 9A(3))”.

77  Subsection 20(1) (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 1 year or 60 penalty units, or both.

78  Subsection 21(1)

Repeal the subsection, substitute:

             (1)  A person who does an act mentioned in subsection (1AA) in accordance with a permit must notify the Minister or an authorised officer, in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), that the person has done the act, as soon as practicable after doing the act.

Penalty:  60 penalty units.

       (1AA)  The acts that must be notified under subsection (1) are the following:

                     (a)  an act that has a result mentioned in paragraph 19(1A)(b);

                     (b)  an act mentioned in paragraph 19(1)(b);

                     (c)  an act mentioned in paragraph 19(1)(d).

79  Subsection 21(2)

Omit “authorized”, substitute “authorised”.

80  After section 21

Insert:

21AA  Giving information about act done in emergency situation

             (1)  A person who, in an emergency:

                     (a)  to save a person from death or serious injury; or

                     (b)  to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

                     (c)  to protect the environment;

does an act mentioned in subsection (2), and does so other than in accordance with a permit or a recognised foreign authority, must notify the Minister or an authorised officer that the person has done the act, before the end of the 30th day after the act was done.

Penalty:  60 penalty units.

             (2)  The acts that must be notified under subsection (1) are the following:

                     (a)  an act that has a result mentioned in paragraph 19(1A)(b);

                     (b)  an act mentioned in subsection 19(1);

                     (c)  an act mentioned in subsection 19(2).

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

                     (a)  it is not possible for the person to notify the Minister or an authorised officer of the act before the end of the 30th day after the act was done; and

                     (b)  the person notifies the Minister or an authorised officer of the act as soon as practicable after that day.

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

             (4)       Strict liability applies to subsection (1).

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

             (5)  In this section:

authorised officer means a person authorised by the Minister, by notice published in the Gazette, for the purposes of this section.

21AB  Giving further information about act done in emergency situation

             (1)  A person who, in an emergency:

                     (a)  to save a person from death or serious injury; or

                     (b)  to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

                     (c)  to protect the environment;

does an act mentioned in subsection 21A(2), and does so other than in accordance with a permit or a recognised foreign authority, must, before the end of the 60th day after the day on which the act was done, give a written report to the Minister or an authorised officer, in the prescribed form (or if no form is prescribed, in the form approved by the Minister):

                     (d)  describing the action; and

                     (e)  explaining why the action was taken.

Penalty:  60 penalty units.

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

                     (a)  it is not possible for the person to give the written report to the Minister or an authorised officer before the end of the 60th day after the act was done; and

                     (b)  the person gives the written report to the Minister or an authorised officer as soon as practicable after that day.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

             (3)  Strict liability applies to subsection (1).

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

             (4)  In this section:

authorised officer means a person authorised by the Minister, by notice published in the Gazette, for the purposes of this section.

81  Subsection 21A(2)

Repeal the subsection, substitute:

             (2)  A person commits an offence if:

                     (a)  the person carries on an activity; and

                     (b)  the person does so in the Antarctic; and

                     (c)  the person is not authorised by the Minister under Part 3 to carry on the activity.

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

82  Subsection 21A(3)

Repeal the subsection, substitute:

             (3)  A person commits an offence if:

                     (a)  the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and

                     (b)  the person carries on the activity; and

                     (c)  the person does so without the condition being complied with.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

83  Subsections 21A(5), (6) and (7)

Repeal the subsections.

84  After subsection 28(1)

Insert:

          (1A)  The Administrative Appeals Tribunal must not make an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 staying, or otherwise affecting the operation or implementation, of:

                     (a)  a decision under subsection 12N(1) or (3) to which paragraph 12N(7)(a) applies; or

                     (b)  a decision under subsection 12P(1) to which paragraph 12P(3)(a) applies.

85  Subsection 28(2)

Omit “subsection (1)”, substitute “this section”.

86  Paragraph 29(1)(b)

Repeal the paragraph.

87  Paragraph 29(2)(ba)

Repeal the paragraph.

88  Subsection 29(5)

Repeal the subsection, substitute:

             (5)  The regulations may prescribe penalties, not exceeding 50 penalty units, for offences against the regulations.


 

Part 2Application, saving and transitional provisions

89  Saving provisions relating to amendment at item 13

(1)        If, immediately before subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 13 of this Schedule, there was in force a permit granted under that subsection, that permit continues in force after the repeal and substitution as if it had been granted under subsection 9(1) as substituted by this Act.

(2)        Regulations that:

                     (a)  prescribed a form for the purposes of subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980; and

                     (b)  were in force immediately before that subsection was repealed and substituted by item 13 of this Schedule;

continue to have effect after that repeal and substitution as if they had been made for the purposes of that subsection as substituted by this Act.

(3)        If, immediately before subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 13 of this Schedule, the Minister had approved a form for the purposes of that subsection and had not revoked that approval, the Minister’s approval continues to have effect after the repeal and substitution as if the approval had been made for the purposes of that subsection as substituted by this Act.

90  Saving provisions relating to amendment at item 78

(1)        Regulations that:

                     (a)  prescribed a form for the purposes of subsection 21(1) of the Antarctic Treaty (Environment Protection) Act 1980; and

                     (b)  were in force immediately before that subsection was repealed and substituted by item 78 of this Schedule;

continue to have effect after that repeal and substitution as if they had been made for the purposes of that subsection as substituted by this Act.

(2)        If, immediately before subsection 21(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 78 of this Schedule, the Minister had approved a form for the purposes of that subsection and had not revoked that approval, the Minister’s approval continues to have effect after the repeal and substitution as if the approval had been given for the purposes of that subsection as substituted by this Act.

91  Permits granted under the Antarctic seals regulations

If, at the time the amendments made by Part 1 of this Schedule commence, a person holds a permit granted under the Antarctic Seals Conservation Regulations 1986, that permit:

                     (a)  is taken to be a permit granted under section 9 of the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule; and

                     (b)  continues in force for its unexpired period unless earlier varied, suspended or revoked in accordance with the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule.

92  Applications for permits under the Antarctic seals regulations

If, at the time the amendments made by Part 1 of this Schedule commence, a person has made an application for a permit under the Antarctic Seals Conservation Regulations 1986 and the Minister has not yet granted or refused to grant that permit, the application is taken to have been made under section 9 of the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule.


 

Schedule 2Other minor amendments

  

Water Efficiency Labelling and Standards Act 2005

1  Section 7 (paragraphs (b), (c) and (d) of the definition of offence against this Act)

Repeal the paragraphs, substitute:

                     (b)  an offence against:

                              (i)  section 6 of the Crimes Act 1914; or

                             (ii)  section 11.1, 11.4, 11.5, 136.1, 137.1 or 137.2 of the Criminal Code;

                            that relates to this Act or the regulations.

2  Subsection 18(2)

After “set out”, insert “, or incorporate by reference,”.

 

 

[Minister’s second reading speech made in—

Senate on 9 August 2006

House of Representatives on 30 November 2006]

(105/06)