Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002 – 2003 – 2004
THE PARLIAMENT OF THE COMMONWEALTH
OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
GREAT BARRIER
REEF MARINE PARK AMENDMENT BILL 2004
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for the Environment and Heritage,
the Hon Dr David Kemp)
The purpose of the Great Barrier Reef Marine Park
Amendment Bill 2004 is to amend the Great Barrier Reef Marine Park Act
1975 to clarify that GST is not payable on the Environmental Management
Charge levied on standard tourism operations. The Bill:
• amends the Great Barrier Reef
Marine Park Act 1975 to enable regulations to be made that specify either
the holder of a chargeable permission or a visitor as the person who is liable
to pay the Environmental Management Charge on the grant or transfer of a
chargeable permission;
• establishes a
process for the collection of the Environmental Management Charge and the
submission of that charge to the Great Barrier Reef Marine Park Authority
(“the Authority”) where the visitor is liable to pay the
Environmental Management
Charge;
• creates new offences and
associated penalties if the holder of a chargeable permission fails to collect
or submit the Environmental Management Charge to the
Authority;
• enables the Authority to
recover, on behalf of the Commonwealth, a collected amount that is due and
payable;
• extends the power of
inspectors under the Great Barrier Reef Marine Park Act 1975 to search,
stop and detain aircraft and vessels, and enter premises, for the purpose of
ascertaining a person’s liability to collect a charge and pay a collected
amount, in addition to ascertaining a person’s liability to charge;
and
• extends the power of magistrates
to issue search warrants.
The Bill will have minimal impact upon the finances of
the Commonwealth. It has been determined that the Environmental Management
Charge is a charge which is not taken to be the provision of consideration and
therefore Goods and Services Tax is not applicable. As the Environmental
Management Charge will no longer be treated as one of the many input costs
passed on in the full service price charged by a tourist operator, and hence
subject to the Goods and Services Tax, it is estimated that Goods and Services
Tax revenue of $650,000 per annum will be foregone.
Procedures to remit the Environmental
Management Charge to the Commonwealth are unchanged and the program will
continue to be administered from within the Authority’s
resources.
NOTES ON CLAUSES
This clause provides that the short title by which
this Act may be cited is the Great Barrier Reef Marine Park Amendment Act
2004.
This item provides that sections 1 to 3 of the Act
will commence on the day on which this Act receives Royal Assent. It also
provides that Schedule 1 of this Act will commence on the 28th day
after the day on which this Act receives Royal
Assent.
Clause 3 –
Schedule(s)
This clause sets out the
effect of the Schedule to this Act.
Item 1 – Subsection 3(1) (at the end of
the definition of late payment
penalty)
This item amends the
definition of late payment penalty in subsection 3(1) of the
Great Barrier Reef Marine Park Act 1975 to include a reference to new
subsections 39G(1A) and 39G(1B) (inserted by item 9 of this
Act).
The purpose of this amendment is to
clarify that the late payment penalty, as defined in subsection 3(1) of the
Great Barrier Reef Marine Park Act 1975, includes an amount payable under
new subsection 39G(1A) with respect to collected amounts, and an amount payable
under new subsection 39G(1B) with respect to penalty amounts.
This item inserts a new section 39AA into the Great
Barrier Reef Marine Park Act 1975.
The
purpose of this item is to define collected amount, penalty amount
and visitor for the purposes of Part VA of the Great Barrier
Reef Marine Park Act
1975.
Collected amount is
defined as an amount that is collected by a holder of a chargeable permission
from a visitor on account of charge payable by the
visitor.
Penalty amount is
defined as an amount payable under new subsection 39FA(2) (inserted by item 6 of
this Act). Subsection 39FA(2) imposes a penalty on the holder of a chargeable
permission equal to the amount of the charge that the holder should have
collected from a visitor, in circumstances where the holder has not collected
the Environmental Management Charge from a
visitor.
Visitor is defined as
having the same meaning given by the regulations. Visitor is defined in
regulation 74 of the Great Barrier Reef Marine Park Regulations 1983.
Visitor is currently defined as a tourist or any other person who is provided a
service in the Marine Park under a tourist program. It is proposed to amend the
definition of visitor to include a reference to a person who participates in a
commercial activity unrelated to tourism for the purposes of the charge imposed
by regulation 101 of the Great Barrier Reef Marine Park Regulations
1983.
Item 3 – Subsection
39B(1)
This item repeals subsection
39B(1) of the Great Barrier Reef Marine Park Act 1975 and replaces it
with a new subsection (1).
The purpose of
this item is to provide, for the purposes of section 4 of the Great Barrier
Reef Marine Park (Environmental Management Charge – General) Act 1993
and section 4 of the Great Barrier Reef Marine Park (Environmental Management
Charge – Excise) Act 1993, that either the person who is the holder of
the chargeable permission or a visitor who is provided a service by the holder
of the chargeable permission under the permission, is liable to pay the
Environmental Management Charge as prescribed in the Great Barrier Reef
Marine Park Regulations 1983.
The
reason for specifying in the Great Barrier Reef Marine Park Regulations
1983 that either the holder of a chargeable permission or a visitor has
liability to pay the Environmental Management Charge is because not all of the
charges listed under Part 9 of the Great Barrier Reef Marine Park Regulations
1983 require the legal liability for the payment of the charge to be passed
to the visitor. For example, in some instances, the charge is a
“flat” charge paid by the holder of the chargeable permission
directly to the Authority. In such circumstances the charge is not passed on to
the visitor, and does not attract the Goods and Services Tax. The holder of a
chargeable permission retains legal liability to pay the charge. It is only
where the holder of a chargeable permission currently passes the cost of the
Environmental Management Charge on to the visitor that the liability for payment
of that charge has shifted to the
visitor.
Item 4 – At the end of
Division 1 of Part VA
This item inserts
a new section 39DA into the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
clarify that where the holder of a chargeable permission is liable to pay the
Environmental Management Charge, the charge is payable to the Authority on
behalf of the Commonwealth.
This item also
inserts a new section 39DB into the Great Barrier Reef Marine Park Act 1975.
The purpose of this item is to clarify that where the visitor is liable to
pay the Environmental Management Charge, the charge is payable by the visitor to
the holder of the chargeable permission on behalf of the
Commonwealth.
A note is also inserted with
respect to new section 39DB to clarify that when the visitor pays the
Environmental Management Charge to the holder of the chargeable permission, the
holder is required to collect the charge and pay it to the Authority on behalf
of the Commonwealth.
Item 5 – At
the end of section 39E
This item inserts
a new subsection 39E(3) into the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
allow the Great Barrier Reef Marine Park Regulations 1983 to specify that
the Environmental Management Charge may be paid at different times for visitors
and holders of chargeable permissions. The reason that the charge will be paid
at different times is that it is proposed that the Great Barrier Reef Marine
Park Regulations 1983 will specify that the visitor is liable to pay the
Environmental Management Charge upon the provision of a service by a holder of a
chargeable permission pursuant to that permission, whereas the holder of a
chargeable permission will be required to pay the Environmental Management
Charge quarterly.
Item 6 – After Division 2
of Part VA
This item inserts a new
Division 2A into Part VA of the Great Barrier Reef Marine Park Act 1975
to provide for collected amounts, and inserts new sections 39FA, 39FB, 39FC,
39FD, and 39FE into the Great Barrier Reef Marine Park Act
1975.
The purpose of new subsection
39FA(1) is to provide that when the holder of a chargeable permission provides a
service to a visitor under its permission and the visitor is liable to pay the
Environmental Management Charge for that service, the holder of the permission
must collect from the visitor the charge that is due and payable by the visitor
for that service.
As new section 39DB
(inserted by item 4 of this Act) clarifies that any charge payable by a visitor
is payable to the holder of the chargeable permission on behalf of the
Commonwealth, new subsection 39FA(1) makes it an offence for a permission holder
to fail to collect the charge from the visitor. Contravention of this provision
attracts a maximum penalty of 50 penalty
units.
The purpose of new subsection 39FA(2)
is to allow the Authority to impose a penalty on a holder of a chargeable
permission if the holder does not collect the charge as required by subsection
39FA(1). The penalty is equal to the amount of the charge that should have been
collected from visitors by the holder, and is payable to the
Authority.
The purpose of new subsection
39FA(3) is to provide that the penalty imposed by subsection 39FA(2) is due at
the time when, if the charge had been collected by the holder of the chargeable
permission, the holder would have had to pay the collected amount to the
Authority.
The purpose of new subsection
39FA(4) is to clarify that joint and several liability applies to the payment of
the penalty amount under subsection 39FA(2) if there are two or more persons who
hold a chargeable permission.
The purpose of
new subsection 39FA(5) is to clarify that the penalty amount imposed by
subsection 39FA(2) is in addition to any penalty imposed by a court for
contravention of subsection 39FA(1).
The
purpose of new subsection 39FA(6) is to provide a mechanism whereby, if a person
is convicted of an offence for failing to collect the charge from visitors, the
court may order the person to pay to the Authority, on behalf of the
Commonwealth, an amount equal to the sum of a penalty amount that the person is
liable to pay and a late payment penalty that is payable by the person on the
penalty amount. The effect of this new subsection is to permit a court, in
addition to imposing a penalty, to order a person convicted of an offence
pursuant to subsection 39FA(1) to pay the penalty amount and the late payment
penalty on the penalty amount. This avoids the need to take separate legal
action to recover the penalty amount and the late payment penalty applicable to
that amount.
The purpose of new subsection
39FA(7) is to clarify that the sum of the penalty amount and the late payment
penalty on the penalty amount that a person is ordered to pay pursuant to
subsection 39FA(6) is in addition to the penalty imposed by a court for an
offence against subsection 39FA(1).
The
purpose of new subsection 39FB(1) is to provide that the holder of a chargeable
permission must pay a collected amount to the Authority on the day that it is
due and payable (such day to be ascertained in accordance with the Great
Barrier Reef Marine Park Regulations 1983 as provided for by new section
39FE below). If the holder of a chargeable permission does not pay the
collected amount by the day so specified, then the holder of the chargeable
permission will have committed an offence, attracting a maximum penalty of 10
penalty units. This penalty will be applicable on each day until the obligation
to pay the collected amount is complied with, by virtue of section 4K of
the Crimes Act 1914.
The purpose of
new subsection 39FB(2) is to impose a limit on the maximum penalty that can be
imposed on a person for an offence against subsection 39FB(1). The effect of
this provision is to impose a limit of 200 penalty units as the maximum penalty
that can be imposed by a court for an offence against subsection
39FA(1).
The purpose of new subsection
39FB(3) is to provide a mechanism whereby, if a person is convicted before a
court of an offence for failure to pay the collected amount on the day it is due
and payable, the court may, in addition to any penalty it has imposed, order the
person to pay to the Authority, on behalf of the Commonwealth, an amount equal
to the sum of the collected amount that the person was liable to pay and a late
payment penalty that is payable by the person on the collected amount. The
effect of this new subsection is to permit a court, in addition to imposing a
penalty, to order a person convicted of an offence pursuant to new subsection
39FB(1) to pay the unpaid collected amount and the late payment penalty
applicable to the unpaid collected amount. This avoids the need to take
separate legal action to recover the unpaid collected amount and the late
payment penalty.
The purpose of new
subsection 39FB(4) is to clarify that the sum of the collected amount and the
late payment penalty on the unpaid collected amount that a person is ordered to
pay pursuant to subsection 39FB(3) is in addition to the penalty imposed by a
court for an offence against subsection
39FB(1).
The purpose of new section 39FC is
to clarify that joint and several liability applies to the payment of the
collected amount under section 39FB if there are two or more persons who hold
the chargeable permission.
The purpose of
new section 39FD is to clarify that when a holder of a chargeable permission has
collected the Environmental Management Charge from the visitor for the provision
of services, the collected amount is payable by the holder of the chargeable
permission to the Authority on behalf of the
Commonwealth.
The purpose of new section
39FE is to provide for the Great Barrier Reef Marine Park Regulations
1983 to specify when a collected amount is due and payable by the holder of
the chargeable permission to the
Authority.
Item 7 – Subsection
39G(1)
This item amends subsection
39G(1) of the Great Barrier Reef Marine Park Act 1975 by inserting a
reference to “(other than a visitor)” after “a
person”.
The purpose of this item is
to clarify that it is only the holder of the chargeable permission who is liable
to pay a late payment penalty for failure to pay the Environmental Management
Charge, and not the visitor.
Item 8
– Subsection 39G(1)
The purpose of
this amendment is to insert “the” before
“late” in subsection 39G(1) of the Great Barrier
Reef Marine Park Act 1975. This amendment is of a technical nature
only.
Item 9 – After subsection
39G(1)
This item inserts new subsections
(1A) and (1B) into section 39G of the Great Barrier Reef Marine Park Act
1975.
The purpose of new subsection
39G(1A) is to clarify that the late payment penalty will also apply to a holder
of a chargeable permission if the collected amount remains unpaid after the date
when it was due for payment. The late payment penalty will be calculated at the
rate of 20% per annum on the amount unpaid, computed from the date that the
collected amount was due.
The purpose of
new subsection 39G(1B) is to clarify that the late payment penalty will also
apply to a holder of a chargeable permission if the penalty amount (pursuant to
subsection 39FA(2)) remains unpaid after the date when it was due for payment.
The late payment penalty will be calculated at the rate of 20% per annum on the
penalty amount, computed from the date that the penalty amount was
due.
Item 10 – Section
39H
The purpose of this item is to amend
section 39H of the Great Barrier Reef Marine Park Act 1975 by removing
the reference to “Charge and late payment penalty are” and replacing
it with a reference to “Late payment penalty is”. The effect of
this item is to specify that the late payment penalty is payable to the
Authority on behalf of the
Commonwealth.
However, item 4 of this Act
(which inserts new section 39DA) provides that the charge payable by a holder of
a chargeable permission is payable to the Authority on behalf of the
Commonwealth, and item 6 of this Act (which inserts new section 39FD) provides
that a collected amount is payable by the holder of a chargeable permission to
the Authority on behalf of the Commonwealth.
This item also inserts a note clarifying
that the heading to section 39H of the Great Barrier Reef Marine Park Act
1975 will also be amended by omitting “charge and” in order to
reflect the amendment to this
item.
Item 11 – Subsection
39I(1)
This item inserts a reference to
new section 39DA (inserted by item 4 of this Act), subsection 39FA(2) (inserted
by item 6 of this Act) and section 39FD (inserted by item 6 of this Act) in
subsection 39I(1) of the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
clarify that the charge payable by a holder of a chargeable permission, the
penalty amount payable by a holder of a chargeable permission for failure to
collect a charge from a visitor, and the collected amount that is paid to the
Authority by the holder of a chargeable permission, must also be paid into the
Consolidated Revenue Fund when received by the
Authority.
Item 12 – After
paragraph 39J(1)(a)
This item inserts
new paragraphs (aa) and (ab) into subsection 39J(1)(a) of the Great Barrier
Reef Marine Park Act 1975.
The purpose
of this item is to enable civil proceedings to be commenced by the Authority, on
behalf of the Commonwealth, to recover a collected amount that is due and
payable, and a penalty amount that is due and payable, as debts due to the
Commonwealth.
Item 13 –
Paragraph 39K(1)(a)
This item inserts a
reference to “, collected amounts, penalty amounts” after the
reference to “charge” in paragraph 39K(1)(a) of the Great Barrier
Reef Marine Park Act 1975.
The purpose
of this item is to enable the Great Barrier Reef Marine Park Regulations 1983
to prescribe not only the methods by which charge and late payment penalty
may be paid, but also prescribe how collected amounts and penalty amounts may be
paid.
Item 14 – At the end of
Division 3 of Part VA
This item inserts
a new section 39KA into the Great Barrier Reef Marine Park Act
1975.
The purpose of this amendment is
to clarify that the provisions of the Financial Management and Accountability
Act 1997 do not apply with respect to charge, collected amounts, penalty
amounts and late payment
penalties.
Item 15 – Subsection
39P(1)
This item inserts a reference to
“who holds a chargeable permission” after “a person” in
subsection 39P(1) of the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
clarify that the Great Barrier Reef Marine Park Regulations 1983 may
require a holder of a chargeable permission to keep and maintain records
relating to a person’s liability with respect to the Environmental
Management Charge.
Item 16 –
Paragraph 39P(1)(a)
This item replaces
the reference to “the person’s” with a reference to “a
person’s” in paragraph 39P(1)(a) of the Great Barrier Reef Marine
Park Act 1975.
The purpose of this item
is to clarify that the Great Barrier Reef Marine Park Regulations 1983
may make provision for the keeping of records, where the records are relevant to
ascertaining a person’s liability to charge. By replacing the reference
to “the person” with “a person”, it clarifies that a
person’s liability to charge includes both the holder of the chargeable
permission’s liability to pay the charge (where required), to collect the
charge, and to submit any collected amounts to the Authority, and the
visitor’s liability to pay the
charge.
Item 17 – Subsection
39P(1)
This item inserts a reference to
“or to pay a collected amount” after “charge” (wherever
occurring) in subsection 39P(1) of the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
clarify that not only may the Great Barrier Reef Marine Park Regulations
1983 provide for the maintenance and provision of information by a person
regarding a person’s liability to charge, but that the regulations may
also require a person to maintain and provide information regarding a
person’s liability to pay a collected amount.
The reason for this item is that, because
new section 39FA (inserted by item 6 of this Act) requires a holder of a
chargeable permission to collect from a visitor an amount on account of the
charge and new section 39FB (inserted by item 6 of this Act) requires the holder
of the chargeable permission to pay that money to the Authority, it is important
for the Authority to be able to ascertain, through the provision of information
by the permission holder, that the charge has been collected by the holder of
the chargeable permission from the visitor, that the correct amount of the
charge has been collected, and that the collected amount has been paid to the
Authority on behalf of the
Commonwealth.
Item 18 – After
section 39P
This item inserts a new
section 39PA into the Great Barrier Reef Marine Park Act
1975.
The purpose of new subsection
39PA(1) is to enable the Great Barrier Reef Marine Park Regulations 1983
to make provision for and in relation to the custody of collected amounts, the
banking of collected amounts, the keeping of accounts in relation to collected
amounts, and the application of interest, or other amounts, derived from the
custody or banking of collected amounts.
The
purpose of new subsection 39PA(2) is to clarify that regulations that are made
for the provision of the application of interest, or other amounts, derived from
the custody or banking of collected amounts, may make provision for the payment
of interest, or other amounts, derived from the custody or banking of collected
amounts to the holder of a chargeable permission. The effect of this new
subsection is that the Great Barrier Reef Marine Park Regulations 1983
may enable the holder of a chargeable permission to receive any interest or
other amounts derived from collected
amounts.
The effect of new subsection
39PA(3) is to clarify that the payment of interest, or other amounts, derived
from the custody or banking of collected amounts to a holder of a chargeable
permission is to be appropriated from the Consolidated Revenue
Fund.
Item 19 – Section
39Q
This item replaces the reference to
“person” with a reference to “holder of a chargeable
permission” in section 39Q of the Great Barrier Reef Marine Park Act
1975.
The purpose of this item is to
clarify that the holder of a permission must not refuse, or fail, when and as
required under the regulations made for the purposes of this Division, to give
any information or return to the
Authority.
Item 20 – Subsections
39S(1) and (2)
This item inserts a
reference to “or to pay a collected amount” after
“charge” at the end of subsections 39S(1) and (2) of the Great
Barrier Reef Marine Park Act 1975.
As
new sections 39FA (inserted by item 6 of this Act) and 39FB (inserted by item 6
of this Act) impose a requirement on the holder of a chargeable permission to
collect charge payable by a visitor and submit the collected amount to the
Authority on behalf of the Commonwealth, the purpose of this item is
to:
(a) extend the power under subsection
39S(1) of the Great Barrier Reef Marine Park Act 1975 to allow an
inspector to search an aircraft or vessel, and stop or detain an aircraft or
vessel for the purpose of ascertaining a person’s liability to collect a
charge and ascertaining a person’s liability to pay a collected amount or
an amount that should have been collected, in addition to a person’s
liability to charge; and
(b) extend the power
under subsection 39S(2) of the Great Barrier Reef Marine Park Act 1975 to
allow an inspector who searches an aircraft or vessel under subsection (1) to
inspect, take extracts from, and make copies of any documents in or on the
aircraft or vessel that are relevant to ascertaining a person’s liability
to collect a charge and ascertaining a person’s liability to pay a
collected amount or an amount that should have been collected, in addition to a
person’s liability to
charge.
Item 21 – At the end of
subsections 39T(1), (2) and (3)
This
item inserts a reference to “or to pay a collected amount” at the
end of subsections 39T(1), (2) and (3) of the Great Barrier Reef Marine Park
Act 1975.
As new sections 39FA (inserted
by item 6 of this Act) and 39FB (inserted by item 6 of this Act) impose a
liability on the holder of a chargeable permission to collect charge from a
visitor and submit the collected amount to the Authority on behalf of the
Commonwealth, the purpose of this item is
to:
(a) extend the power under subsection
39T(1) of the Great Barrier Reef Marine Park Act 1975 to allow an
inspector to enter premises with the consent of the occupier for the purpose of
ascertaining a person’s liability to collect a charge and ascertaining a
person’s liability to pay a collected amount and the amount that should
have been collected, in addition to a person’s liability to
charge;
(b) extend the power under subsection
39T(2) of the Great Barrier Reef Marine Park Act 1975 to allow an
inspector, acting in accordance with a warrant issued under section 39U, to
enter premises for the purpose of ascertaining a person’s liability to
collect a charge and ascertaining a person’s liability to pay a collected
amount or an amount that should have been collected, in addition to a
person’s liability to charge; and
(c)
extend the power under subsection 39T(3) of the Great Barrier Reef Marine
Park Act 1975 to allow an inspector who has entered a premises pursuant to
subsections (1) or (2) to search the premises, inspect, take extracts from, and
make copies of, any documents that are relevant to ascertaining a person’s
liability to collect a charge and ascertaining a person’s liability to pay
a collected amount or an amount that should have been collected, in addition to
a person’s liability to
charge.
Item 22 – Subsection
39U(1)
This item inserts a reference to
“or to pay a collected amount” after “charge” in
subsection 39U(1) of the Great Barrier Reef Marine Park Act
1975.
As new sections 39FA (inserted by
item 6 of this Act) and 39FB (inserted by item 6 of this Act) impose a
requirement on the holder of a chargeable permission to collect a charge payable
by a visitor and submit the collected amount to the Authority on behalf of the
Commonwealth, the purpose of this item is to extend the power under section 39U
of the Great Barrier Reef Marine Park Act 1975 to allow a magistrate to
issue a warrant for an inspector to enter premises to ascertain a person’s
liability to collect a charge and ascertaining a person’s liability to pay
a collected amount or an amount that should have been collected, in addition to
a person’s liability to charge.
Item 23 – Subsections 61C(1) and
(2)
This item inserts a reference to new
subsections 39FA(6) and 39FB(3) (both of which are inserted by Item 6 of this
Act) into subsections 61C(1) and (2) of the Great Barrier Reef Marine Park
Act 1975.
The purpose of inserting a
reference to new subsection 39FA(6) into subsection 61C(1) of the Great
Barrier Reef Marine Park Act 1975 is to clarify that an order made pursuant
to new subsection 39FA(6) for a person to pay the sum of a penalty amount that
the person is liable to pay and a late payment penalty that is payable by the
person on the penalty amount, to pay an amount equal to the sum of the penalty
amount and the late payment penalty on the penalty amount, is enforceable as a
final judgment of the court.
The purpose of
inserting a reference to new subsection 39FB(3) into subsection 61C(1) of the
Great Barrier Reef Marine Park Act 1975 is to clarify that an order made
pursuant to new subsection 39FB(3) for a person who has not paid the penalty
amount pursuant to new subsection 39FA(2) for a person to pay the sum of a
collected amount that the person is liable to pay and a late payment penalty
that is payable by the person on the collected amount, to pay an amount equal to
the sum of the collected amount and the late payment penalty on the collected
amount, is enforceable as a final judgment of the
court.
The purpose of inserting a reference
to new subsections 39FA(6) and 39FB(3) into subsection 61C(2) of the Great
Barrier Reef Marine Park Act 1975 is to enable a proper officer of the court
to issue to the Minister or the Authority, as the case requires, a certificate
in the prescribed form containing the prescribed particulars where, under new
subsections 39FA(6) or 39FB(3) a court makes an order and the court either does
not have civil jurisdiction, or does have civil jurisdiction but does not have
civil jurisdiction to the extent of the amount of the order. Once registered,
the certificate is enforceable in all respects as a final judgment of the court
in favour of the Commonwealth or the Authority, as the case
requires.
Part 2 – Application of
Amendments
Item 24 –
Application
The purpose of this item is
to clarify that the amendments listed in Part 1 of Schedule 1 apply in relation
to services provided after the commencement of this item under chargeable
permissions that have been granted or transferred either before or after the
commencement of this item.