445 Seizure of things (other than specimens involved in a contravention of Part 13A)
446 Retention of things seized under this Subdivision
Subdivision AC—Direction to deliver seizable items
447 Direction to deliver seizable items
Subdivision B—Disposal of seized items
449 Immediate disposal of seized items
449A Disposal of seized items if Secretary cannot locate or identify person entitled etc.
Subdivision BA—Release of seized items to owner etc.
449BA Release of seized items to owner etc.
449BB How this Part applies in relation to things released conditionally
Subdivision C—Forfeiture of seized items
450 Court‑ordered forfeiture: order by court dealing with offence proceedings
450A Court‑ordered forfeiture: other situations
450B Forfeiture of seized items by consent etc.
451 Dealings in forfeited items
452 Delivery of forfeited items to the Commonwealth
Subdivision F—Keeping of organisms or specimens that have been seized
453 Keeping of organisms or specimens retained under this Part
454 Recovery of costs of storing or keeping organisms or specimens
Subdivision G—Rescuing things
455 Rescuing things
456 Breaking or destroying things or documents to prevent seizure etc.
Subdivision H—Seizure of cages or containers
456AA Power to seize cages or containers containing seizable things
456AB Retention of seized cage or container
456AC Retention of non‑seizable things contained in seized cages or containers
Division 12—Environmental audits
458 Directed environmental audits
459 Appointment of auditor and carrying out of audit
460 Nature of directed environmental audit
461 Audit reports
462 Directed environmental audits do not affect other audit obligations
Division 13—Conservation orders
Subdivision A—Simplified outline
463 Simplified outline of this Division
Subdivision B—Making and reviewing conservation orders
464 Minister may make conservation orders
465 Duration of conservation orders
466 Reviews of conservation orders
467 Publication of conservation orders
468 Application for reconsideration of conservation orders or decisions on review
469 Reconsideration of conservation orders and decisions on review
Subdivision C—Complying with conservation orders
470 Contravening conservation orders is an offence
471 Minister to consider proposed actions etc.
472 Contents of notices of advice
473 Review by the Administrative Review Tribunal
474 Assistance in complying with conservation orders
Division 14—Injunctions
475 Injunctions for contravention of the Act
476 Injunctions for contraventions of conservation agreements
477 Discharge of injunctions
479 Certain considerations for granting injunctions not relevant
480 Powers conferred are in addition to other powers of the Court
Division 14A—Federal Court’s power to make remediation orders
480A Remediation orders
480B Discharge of remediation orders
480C Powers conferred are in addition to other powers of the Court
Division 14B—Minister’s power to make remediation determinations
Subdivision A—Making of remediation determinations
480D Minister may make remediation determination
480E Contents of a remediation determination
480F Notifying owners and occupiers of land of proposed remediation determination
480G Notifying that remediation determination has been made
480H Duration of remediation determinations
480J Ministerial reconsideration of remediation determinations
Subdivision B—Federal Court may set aside remediation determination
480K Applying to Federal Court to have remediation determination set aside
Subdivision C—Complying with remediation determinations
480L Federal Court may order compliance with remediation determination
480M Civil penalty for contravention of remediation determination
Subdivision D—Variation or revocation of remediation determinations
480N Variation or revocation of remediation determination
Division 15—Civil penalties
Subdivision A—Obtaining an order for a civil penalty
481 Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
482 What is a civil penalty provision?
483 Contravening a civil penalty provision is not an offence
484 Persons involved in contravening civil penalty provision
485 Recovery of a pecuniary penalty
Subdivision B—Civil penalty proceedings and criminal proceedings
486A Civil proceedings after criminal proceedings
486B Criminal proceedings during civil proceedings
486C Criminal proceedings after civil proceedings
486D Evidence given in proceedings for penalty not admissible in criminal proceedings
Subdivision C—Enforceable undertakings relating to contraventions of Part 3 civil penalty provisions
486DA Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions
486DB Enforcement of undertakings
Division 15A—Notices to produce or attend
486E Application of Division
486F Minister may require person to provide information etc.
486G Minister may require person to appear before Minister
486H Persons to whom notices may not be given
486J Self‑incrimination
Division 16—Review of administrative decisions
487 Extended standing for judicial review
488 Applications on behalf of unincorporated organisations
Division 17—Duty to provide accurate information
489 Providing false or misleading information to obtain approval or permit
490 Providing false or misleading information in response to a condition on an approval or permit
491 Providing false or misleading information to authorised officer etc.
Division 18—Liability of executive officers for corporations
493 Who is an executive officer of a body corporate?
494 Civil penalties for executive officers of bodies corporate
495 Criminal liability of executive officers of bodies corporate
496 Did an executive officer take reasonable steps to prevent contravention?
Division 18A—Liability of landholders for other people’s actions
496A Who is a landholder?
496B Civil penalties for landholders
496C Criminal liability of landholders
496D Did a landholder take reasonable steps to prevent a contravention?
Division 19—Infringement notices
497 Infringement notices
Division 20—Publicising contraventions
498 Minister may publicise contraventions of this Act or the regulations
Division 21—Immunity of officers
498A Immunity of officers and assistants
Division 22—Conduct of directors, employees and agents
498B Conduct of directors, employees and agents
Part 18—Remedying environmental damage
499 Commonwealth powers to remedy environmental damage
500 Liability for loss or damage caused by contravention
501 Other powers not affected
Part 19—Organisations
Division 1—Establishment and functions of the Threatened Species Scientific Committee
502 Establishment
503 Functions of the Committee
Division 2A—Indigenous Advisory Committee
505A Establishment
505B Functions of the Committee
Division 2B—Establishment and functions of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
505C Establishment
505D Functions of the Committee
505E Declared States and Territories
Division 3—Members and procedures of Committees
506 Application
507 Terms and conditions
508 Remuneration
509 Termination of appointments of Committee members
510 Procedure of a Committee
Division 3A—Statement of expectations and statement of intent for bodies
510A Application
510B Minister’s statement of expectations
510C Statement of intent
Division 4—Advisory committees
511 Minister may establish advisory committees
512 Appointments
513 Members of advisory committees
514 Committee procedure
Division 5—Director of National Parks
Subdivision A—Establishment, functions and powers
514A Continuation
514B Functions
514C Powers
514D Requirements relating to functions and powers
Subdivision B—Constitution of Director of National Parks
514E Constitution
514F Appointment
514G Acting appointments
Subdivision C—Terms and conditions of appointment
514H Term of office
514J Remuneration
514K Outside employment
514M Leave of absence
514N Resignation
514P Termination
514Q Other terms and conditions
Subdivision D—Australian National Parks Fund
514R Australian National Parks Fund
514S Payments to Australian National Parks Fund
514T Application of money
Subdivision E—Accountability
514U Application of Public Governance, Performance and Accountability Act 2013
514V Extra matters to be included in annual report
Subdivision F—Miscellaneous
514W Exemption from taxation
514X Changes in office of Director
Part 19A—Reconsideration of fees
514Y Applications for reconsideration of fee
514YA Reconsideration of fee
514YB Deadline for reconsideration
Part 19B—National environmental standards
514YC Simplified outline of this Part
514YD Making national environmental standards
514YE Incorporation by reference
514YF Varying and revoking national environmental standard
514YG No regression principle
514YH Consultation
514YI Consultation in relation to engagement with Indigenous persons
514YJ Review of national environmental standards
514YK Using national environmental standards
Part 20—Delegation
515 Delegation
515AA Delegation by Minister in relation to Great Barrier Reef Marine Park
515AB Delegation by Secretary in relation to Great Barrier Reef Marine Park
Part 20A—Publication of information on the internet
515A Publication of information on the internet
Part 20B—Authorised uses and disclosures of relevant information
Division 1—Preliminary
515B Meaning of certain terms used in this Part
Division 2—Authorised uses and disclosures by Minister
515C Disclosure of relevant information to Commonwealth entities
515D Disclosure of relevant information to State or Territory government body
515E Disclosure for the purposes of law enforcement
515F Use or disclosure to reduce serious risk to human health
515G Use or disclosure to reduce serious risk to the environment
Division 3—Authorised uses and disclosures by entrusted person
515H Use or disclosure for the purposes of an Act
515J Disclosure for the purposes of the functions etc. of the CEO
515K Disclosure for the purposes of the functions etc. of the Head of Environment Information Australia
515L Use or disclosure for the purposes of international obligations
515M Use or disclosure of publicly available information
515N Disclosure to person to whom information relates
515P Use or disclosure with consent
515Q Disclosure to person who provided information
515R Use or disclosure of summaries or statistics
515S Disclosure to a court, tribunal etc.
515T Use for the purposes of disclosure
Division 4—Civil penalty provisions
515U Unauthorised use or disclosure of protected information—entrusted person
515V Unauthorised use or disclosure of protected information—official of Commonwealth entity
Part 21—Reporting
Division 1—Annual reports
516 Annual report on operation of Act
516A Annual reports to deal with environmental matters
Division 2—State of the environment reports
516B State of the environment reports
Part 21A—Programs relating to protection and conservation etc. of the environment
516C Protection, conservation, restoration and recovery programs
516D Arrangements relating to protection, conservation, restoration and recovery programs
516E Terms and conditions relating to protection, conservation, restoration and recovery program arrangements
516F Executive power of the Commonwealth
516G Relationship of this Part with the Public Governance, Performance and Accountability Act 2013
Chapter 7—Miscellaneous
Part 22—Miscellaneous
517 Determinations of species
517A Exemption for activities that might harm particular species introduced into particular areas
518 Non‑compliance with time limits
519 Compensation for acquisition of property
520 Regulations
520A Statements about the application of the Act
521 Fees and charges must not be taxes
521A Time does not run if all or part of fee remains unpaid
522 Financial assistance etc. to be paid out of appropriated money
522A Review of operation of Act
Chapter 8—Definitions
Part 23—Definitions
Division 1—Some definitions relating to particular topics
Subdivision A—Actions
523 Actions
524 Things that are not actions
524A Provision of grant funding is not an action
Subdivision B—Areas
525 Commonwealth areas
Subdivision C—Entities
526 Subsidiaries of bodies corporate
Subdivision D—Criminal law
527 Convictions
Subdivision E—Specimens
527A Specimens
527B Breeding in captivity
527C Artificial propagation
527D Things represented to be CITES specimens
Subdivision F—Impacts
527E Meaning of impact
Division 2—General list of definitions
528 Definitions
Schedule 1—Provisions relating to detention of suspected foreign offenders
Part 1—Preliminary
Division 1—Objects of this Schedule
1 Main objects of this Schedule
Division 2—Definitions
2 Definitions
Division 3—Appointment etc. of detention officers
3 Minister may appoint persons to be detention officers
4 Detention officers subject to directions
5 Detention officer etc. not liable to certain actions
Division 4—Approval of authorised officers and detention officers
6 The Secretary may approve authorised officers and detention officers
7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
Part 2—Detaining suspected foreign offenders
Division 1—Initial detention by an authorised officer
8 Power to detain
9 Relationship with Part IC of the Crimes Act 1914
Division 2—Continued detention by a detention officer
10 Detention officer may detain person already detained by authorised officer
Division 3—Detention on behalf of an authorised officer or detention officer
11 Detention on behalf of an authorised officer or detention officer
Division 4—Moving detainees
12 Power to move detainees
Division 5—End of detention
13 End of detention
Division 6—Offence of escaping from detention
14 Escape from detention
Part 3—Searching and screening detainees and screening their visitors
Division 1—Searches of detainees
15 Searches of detainees
Division 2—Screening of detainees
16 Power to conduct a screening procedure
Division 3—Strip searches of detainees
17 Power to conduct a strip search
18 Rules for conducting a strip search
Division 4—Keeping of things found by screening or strip search of detainees
19 Possession and retention of certain things obtained during a screening procedure or strip search
20 Approved officer may apply for a thing to be retained for a further period
21 Magistrate may order that thing be retained
Division 5—Screening detainees’ visitors
22 Powers concerning entry to premises where detainee is detained
Division 6—Law applying to detainee in State or Territory prison etc.
23 Detainees held in State or Territory prisons or remand centres
Part 4—Detainees’ rights to facilities for obtaining legal advice etc.
24 Detainee may have access to certain advice, facilities etc.
Part 5—Identifying detainees
Division 1—Preliminary
25 Definitions
26 Meaning of personal identifier
27 Limiting the types of identification tests that approved officers may carry out
Division 2—Identification of detainees
Subdivision A—Provision of personal identifiers
28 Detainees must provide personal identifiers
29 Approved officers must require and carry out identification tests
30 Information to be provided before carrying out identification tests
Subdivision B—How identification tests are carried out
31 General rules for carrying out identification tests
32 Use of force in carrying out identification tests
33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
34 Approved officer may get help to carry out identification tests
35 Identification tests to be carried out by approved officer of same sex as non‑citizen
36 Independent person to be present
37 Recording of identification tests
38 Retesting
Subdivision C—Obligations relating to video recordings of identification tests
39 Definitions
40 Accessing video recordings
41 Authorising access to video recordings
42 Providing video recordings
43 Unauthorised modification of video recordings
44 Unauthorised impairment of video recordings
45 Meanings of unauthorised modification and unauthorised impairment etc.
46 Destroying video recordings
Division 3—Identification of minors and incapable persons
47 Minors
48 Incapable persons
Division 4—Obligations relating to detainees’ identifying information
Subdivision A—Preliminary
49 Definitions
50 Application
Subdivision B—Accessing identifying information
51 Accessing identifying information
52 Authorising access to identifying information
Subdivision C—Disclosing identifying information
53 Disclosing identifying information
54 Authorising disclosure of identifying information to foreign countries etc.
Subdivision D—Modifying and impairing identifying information
55 Unauthorised modification of identifying information
56 Unauthorised impairment of identifying information
57 Meanings of unauthorised modification and unauthorised impairment etc.
Subdivision E—Retaining identifying information
58 Identifying information may be indefinitely retained
Part 6—Disclosure of detainees’ personal information
59 Disclosure of detainees’ personal information
Schedule 2—Catchment area of the Great Barrier Reef Marine Park
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Chapter 6—Administration
Part 16—Precautionary principle and other considerations in making decisions
391 Minister must consider precautionary principle in making decisions