116YAssaulting etc. rangers

116Y  Assaulting etc. rangers  (a) the person assaults or threatens another person; and  (b) that other person is a ranger performing his or her duties under this Part or the by‑laws. Penalty: Imprisonment for 2 years or 50 penalty units, or both.  (2) In paragraph (1)(b), strict liability applies to the physical element of circumstance, that the performance of the duties is under this Part or the by‑laws. 116ZA  Officers and employees of governments and authorities   The Minister may make arrangements with a Minister of a State or Territory for the performance of functions and the exercise of powers under this Part or the by‑laws by officers or employees of that State or Territory or of an authority of that State or Territory, as the case may be. 116ZB  Prosecution of offences  (1) Notwithstanding that an offence against this Part is expressed to be 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.  (2) Where, in accordance with subsection (1), a court of summary jurisdiction convicts a person of an offence, the penalty that the court may impose is imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both. 116ZC  Concurrent operation of State and Territory laws  (1) This Part and the by‑laws, in so far as they apply in relation to public areas, are not intended to exclude or limit the concurrent operation of a law of a State or Territory.  (2) In interpreting whether, in relation to land owned or held under lease by the Commonwealth, any provision of this Act (other than this Part) is intended to exclude or limit the concurrent operation of a law of a State or Territory, subsection (1) shall be disregarded. 116ZCA  Infringement notices Provisions subject to an infringement notice  (1) A strict liability offence against the by‑laws is subject to an infringement notice under Part 5 of the Regulatory Powers Act if the by‑laws specify the offence for the purposes of this subsection. Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer  (2) For the purposes of Part 5 of the Regulatory Powers Act, a ranger is an infringement officer in relation to an offence specified for the purposes of subsection (1). Relevant chief executive  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following is a relevant chief executive in relation to an offence specified for the purposes of subsection (1):  (b) the Chief of the Defence Force.  (4) A relevant chief executive may, in writing, delegate the powers and functions of the relevant chief executive under that Part to any of the following:  (a) an SES employee, or an acting SES employee, in the Department;  (b) an officer of the Navy who holds the rank of Commodore or a higher rank;  (c) an officer of the Army who holds the rank of Brigadier or a higher rank;  (5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive. Additional matters to be included in infringement notices  (6) In addition to the matters included in subsection 104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of an offence specified for the purposes of subsection (1) of this section must also state who is the relevant chief executive in relation to the offence. Note: The relevant chief executive may be the Secretary or the Chief of the Defence Force (see subsection (3)). 116ZD  By‑laws  (1) The Minister may, by legislative instrument, make by‑laws, not inconsistent with this Act, for and in relation to the control and management of public areas.  (2) Without limiting the generality of subsection (1), by‑laws may be made:  (a) providing for functions and powers to be conferred, and duties to be imposed, upon rangers;  (b) regulating or prohibiting the pollution of soil, air or water in a manner that is, or is likely to be, harmful to people or wildlife in, or to the natural features of, public areas;  (c) regulating or prohibiting tourism in public areas;  (d) providing for the protection and preservation of public areas and property and things in public areas;  (e) regulating or prohibiting access to public areas by persons or classes of persons;  (f) providing for the removal of trespassers from public areas;  (g) regulating or prohibiting camping in public areas;  (h) providing for the safety of persons in public areas;  (j) regulating or prohibiting the use of fire in public areas;  (k) regulating the conduct of persons in public areas;  (m) regulating or prohibiting the carrying on of any trade or commerce in a public area;  (n) regulating or prohibiting the use of vehicles in public areas and providing for signs and road markings for those purposes;  (p) providing for the removal of vehicles, aircraft or vessels from places in public areas where they have been left in contravention of the by‑laws or have been abandoned and for the impounding of such vehicles, aircraft or vessels;  (q) making provision to the effect that, where a contravention of a provision of the by‑laws relating to the parking or stopping of vehicles in a public area occurs in respect of a motor vehicle, the person who is to be regarded as the owner of the motor vehicle for the purposes of the by‑laws (who may, in accordance with the by‑laws, be or include a person in whose name the motor vehicle is registered under the law of a State or Territory) is to be, except as provided otherwise, deemed to have committed an offence against the provision so contravened, whether or not he or she in fact contravened that provision;  (r) specifying strict liability offences against the by‑laws for the purposes of subsection 116ZCA(1);  (s) regulating or prohibiting the use of vessels, and the landing and use of aircraft, in public areas;  (t) regulating or prohibiting the taking of animals or plants into, or out of, public areas;  (u) providing for the impounding, removal, destruction or disposal of animals found straying in public areas;  (v) regulating or prohibiting the taking into public areas, and the use in public areas, of weapons, traps, nets, snares, fishing apparatus and other devices;  (w) regulating or prohibiting the laying of baits and the use of explosives and poisons in public areas;  (x) providing for the collection of specimens and the pursuit of research in public areas for scientific purposes;  (y) providing for the issue of licences, permits and authorities, the conditions subject to which they are issued and the charging of fees by the Minister in respect of such licences, permits and authorities;  (z) the imposition of charges for:  (i) the parking or stopping of vehicles;  (ii) the landing of aircraft; and  (iii) the use of vehicles and vessels;   in public areas;  (za) providing for penalties, not exceeding a fine of 10 penalty units, for offences against the by‑laws; and  (zb) providing for any matter incidental to or connected with any of the foregoing. Part IXC—Salvage claims   117  Interpretation member of the crew, in relation to a Naval ship, means any member of the Defence Force, whether an officer or a sailor, who belonged to, and was on board, the ship at the time the salvage services were rendered and includes any other member of the Defence Force who was on board the ship at that time and who took part in the rendering of such services. Naval ship means a ship belonging to the Defence Force. officer means an officer of the Defence Force. salvage includes all expenses properly incurred by a Naval ship in the performance of salvage services. salvage services means any act or activity undertaken to assist a vessel or property in danger in whatever waters the act or activity takes place. vessel means any ship, craft or structure capable of navigating the high seas.  (2) Where, before a claim for salvage in respect of salvage services rendered by a Naval ship is commenced or settled, a person who was the commanding officer of that ship at the time when the ship rendered salvage services:  (a) dies; or  (b) is absent from duty or from Australia or is, for any other reason, unable to act or continue to act on behalf of the members of the crew in accordance with subsection 117A(3); the Chief of the Defence Force shall, by instrument in writing, appoint a member of the crew of that ship to act on that person’s behalf.  (3) Where, before a claim for salvage in respect of salvage services rendered by a Naval ship is commenced or settled, a person who was the commanding officer of that ship at the time when the ship rendered salvage services:  (a) ceases (otherwise than by reason of death) to be the commanding officer of that ship; or  (b) ceases (otherwise than by reason of death) to be a member of the Defence Force; that person shall, for the purposes of this Part, be taken to be the commanding officer of that ship until the claim for salvage is settled. 117A  Salvage claims by crew of Naval ships  (1) Without, by implication, affecting the right of the Commonwealth to claim salvage in respect of salvage services rendered by a Naval ship, the members of the crew of that ship may, subject to subsection (2), also claim salvage in respect of those services.  (2) A claim for salvage on behalf of the members of the crew of a Naval ship:  (a) shall not be made without the prior written approval of the Chief of the Defence Force; and  (b) shall be commenced and prosecuted only by the Australian Government Solicitor.  (3) Where the Chief of the Defence Force approves the making of a claim for salvage in respect of salvage services rendered by a Naval ship on behalf of the members of the crew of that ship, the commanding officer of that ship is authorised, on behalf of each member of the crew of that ship:  (a) to instruct the Australian Government Solicitor to act for the members of the crew in relation to the claim; and  (b) to accept an offer in settlement of the claim.  (4) An acceptance of an offer by the commanding officer is binding on each member of the crew. 117AA  Apportionment of salvage between the Commonwealth and crew members  (1) Where salvage is payable in respect of salvage services rendered by a Naval ship and a part of that salvage has been claimed on behalf of the members of the crew of that ship, the salvage so payable:  (a) shall be applied in meeting the expenses incurred by the Commonwealth in providing such salvage services; and  (b) to the extent that it is not so applied shall be apportioned between the Commonwealth and the members of the crew of the ship:  (i) if the apportionment between the Commonwealth and the members of the crew forms part of the terms of settlement between the owners of the vessel or property saved, the Commonwealth and the members of the crew—in accordance with those terms;  (ii) if a court or other tribunal has determined the apportionment between the Commonwealth and the members of the crew—in accordance with that determination; or  (iii) in any other case—on the basis that the Commonwealth shall be entitled to receive 80% of the salvage not so applied and the members of the crew shall be entitled to receive 20% of the amount of salvage not so applied.  (2) Where an amount of salvage would, but for this subsection, be apportioned between the Commonwealth and the members of the crew of a Naval ship in accordance with subparagraph (1)(b)(iii), but the Minister is of the opinion that the members of the crew have rendered exceptional services in the course of rendering the salvage services concerned, the Minister may, by instrument in writing, determine that the amount payable under that subparagraph to members of the crew shall be increased to an amount not exceeding 25% of the amount of salvage not applied in accordance with paragraph (1)(a) and the amount payable to the Commonwealth shall be decreased accordingly. 117AB  Apportionment of salvage amongst crew members   Where salvage payable in respect of salvage services rendered by a Naval ship is, in accordance with section 117AA, to be apportioned between the Commonwealth and the members of the crew of that ship, the amount of salvage apportioned to the members of the crew:  (a) shall be applied in meeting the costs of the Commonwealth in conducting the salvage claim on behalf of the members of the crew; and  (b) to the extent that it is not so applied, shall be apportioned amongst the members of the crew in accordance with the regulations. Part IXD—Defence aviation areas   117AC  Defence aviation areas  (1) The Minister may, by legislative instrument, declare an area of land, sea or airspace in or adjacent to Australia to be a defence aviation area.  (2) The Minister must not declare an area unless the Minister is satisfied that:  (a) it is necessary for the defence of Australia for any of the matters mentioned in paragraphs 117AD(a) to (c) to apply in relation to the area; and  (b) in particular, the matters are necessary for the purpose of preventing or reducing hazards to the following as they relate to the defence of Australia:  (i) aircraft;  (ii) aviation‑related communications, navigation or surveillance.  (3) Without limiting section 117AD, a declaration of an area may also specify height restrictions that apply in relation to buildings, structures and objects (including trees and other natural obstacles) within the area.  (4) A declaration of an area may apply, adopt or incorporate, with or without modification:  (a) a map, or a matter contained in a map, as in force or existing from time to time; or  (b) a matter contained in an instrument or other writing as in force or existing from time to time, to the extent that the matter relates to a map. 117AD  Regulations in relation to defence aviation areas   Without limiting section 124, the regulations may prescribe matters providing for and in relation to the following:  (a) the regulation or prohibition of the construction or use of buildings, structures or objects within defence aviation areas;  (b) the regulation or prohibition of the bringing of objects into, or having objects within, defence aviation areas;  (c) the removal (in whole or in part), marking, lighting, screening, modification or relocation of buildings, structures or objects (including trees or other natural obstacles) within defence aviation areas. Note: The regulations may also provide for and in relation to the payment by the Commonwealth of compensation, and may provide for penalties for offences against the regulations (see paragraphs 124(1)(r) and (w)). 117AE  Monitoring powers Provisions subject to monitoring  (1) A provision of the regulations made for the purposes of section 117AD is subject to monitoring under Part 2 of the Regulatory Powers Act if the regulations prescribe the provision for the purposes of this subsection. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether provisions of the regulations have been complied with. It includes powers of entry and inspection. Information subject to monitoring  (2) Information given in compliance or purported compliance with a provision of the regulations made for the purposes of section 117AD is subject to monitoring under Part 2 of the Regulatory Powers Act if the regulations prescribe the provision for the purposes of this subsection. Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court  (3) For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to a provision prescribed for the purposes of subsection (1) and the information mentioned in subsection (2):  (a) a defence aviation area inspector is an authorised applicant; and  (b) a defence aviation area inspector is an authorised person; and  (c) a magistrate is an issuing officer; and  (d) each of the following is a relevant chief executive:  (i) the Secretary;  (ii) the Chief of the Defence Force; and  (e) each of the following is a relevant court:  (i) the Federal Court of Australia;  (ii) the Federal Circuit and Family Court of Australia (Division 2);  (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Person assisting  (4) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to a provision prescribed for the purposes of subsection (1) and the information mentioned in subsection (2). 117AF  Modifications of Part 2 of the Regulatory Powers Act Additional purpose and monitoring powers  (1) Part 2 of the Regulatory Powers Act, subsections 117AE(3) and (4) of this Act, and section 117AH of this Act (as that section relates to that Part), also apply in relation to a provision prescribed for the purposes of subsection 117AE(1) (the monitored provision) as if:  (a) the powers under that Part may be exercised for the purpose of ensuring compliance with the monitored provision; and  (b) the monitoring powers in that Part included the taking of any action that is reasonably necessary to ensure compliance with the monitored provision. Note 1: A warrant may be issued under subsection 32(2) of the Regulatory Powers Act if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised persons should have access to a premises for that purpose. Note 2: The regulations may provide for and in relation to the payment by the Commonwealth of compensation (see paragraph 124(1)(r)).  (2) Without limiting paragraph (1)(b), the taking of action may include the removal (in whole or in part), destruction or modification of a building, structure or object. Use of force in executing a warrant  (3) In executing a monitoring warrant for the purpose mentioned in paragraph (1)(a):  (a) an authorised person may use such force against persons and things as is necessary and reasonable in the circumstances; and  (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. 117AG  Appointment of inspectors for defence aviation areas  (1) The Secretary, or the Chief of the Defence Force, (the appointer) may, in writing, appoint any of the following as an inspector (a defence aviation area inspector) for the purposes of this Part:  (a) an APS employee in the Department;  (b) a member of the Defence Force.  (2) The appointer must not appoint a person as a defence aviation area inspector unless the appointer is satisfied that the person has the knowledge, training or experience necessary to properly exercise the powers of a defence aviation area inspector.  (3) A defence aviation area inspector must, in exercising powers as such, comply with any directions of the appointer.  (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument. 117AH  Delegation of powers of Secretary or Chief of Defence Force  (1) The Secretary, or the Chief of the Defence Force, (the delegator) may, in writing, delegate the powers and functions mentioned in subsection (2) to any of the following:  (a) an SES employee, or an acting SES employee, in the Department;  (b) an officer of the Navy who holds the rank of Commodore or a higher rank;  (c) an officer of the Army who holds the rank of Brigadier or a higher rank;  (2) The powers and functions that may be delegated are the following:  (a) the powers and functions of the relevant chief executive under Part 2 of the Regulatory Powers Act in relation to a provision prescribed for the purposes of subsection 117AE(1) and the information mentioned in subsection 117AE(2);  (b) the powers and functions of the appointer under section 117AG.  (3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the delegator. Part X—Miscellaneous