if those summaries or statistics do not enable the identification of a person.
515S Disclosure to a court, tribunal etc.
(1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.
(2) An entrusted person may disclose relevant information to:
(a) a court; or
(b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;
for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.
515T Use for the purposes of disclosure
An entrusted person may use relevant information for the purpose of disclosing the relevant information under this Division.
Division 4—Civil penalty provisions
515U Unauthorised use or disclosure of protected information—entrusted person
Unauthorised use or disclosure
(1) A person contravenes this subsection if:
(a) the person is, or has been, an entrusted person; and
(b) the person has obtained relevant information in the person’s capacity as an entrusted person; and
(c) the information is protected information; and
(d) the person uses or discloses the information.
Civil penalty: 200 penalty units.
Exceptions
(2) However, subsection (1) does not apply if the use or disclosure is authorised or required by:
(a) this Act; or
(b) any other law of the Commonwealth; or
(c) a prescribed law of a State or a Territory.
(3) A person who wishes to rely on subsection (2) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subsection.
515V Unauthorised use or disclosure of protected information—official of Commonwealth entity
A person contravenes this section if:
(a) the person is, or has been, an official of a Commonwealth entity that is not the Department or NEPA; and
(b) the person has obtained relevant information in the person’s capacity as an official of the entity; and
(c) the information is protected information that was disclosed to the entity under section 515C; and
(d) the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.
Civil penalty: 200 penalty units.
Part 21—Reporting
Division 1—Annual reports
516 Annual report on operation of Act
(1) The Secretary must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report on the operation of this Act (except Divisions 4 and 5 of Part 15 and Division 5 of Part 19) for the 12 months ending on that 30 June.
Note 1: Other provisions of this Act require the report to include certain matters.
Note 2: Section 34C of the Acts Interpretation Act 1901 sets out rules about the time within which annual reports must be given to the Minister.
(2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.
516A Annual reports to deal with environmental matters
Annual reports for Commonwealth entities
(1) The accountable authority of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) must ensure that an annual report prepared under section 46 of that Act complies with subsection (6) of this section.
Annual reports of Commonwealth companies
(4) The directors of a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is a Commonwealth agency must ensure that the documents given to the responsible Minister (within the meaning of that Act) under section 97 of that Act include a report complying with subsection (6) of this section.
Annual reports of other Commonwealth agencies
(5) A Commonwealth agency that is:
(a) established by or under a law of the Commonwealth; and
(b) required by law to give the Minister responsible for it an annual report; and
(c) not described in subsection (1) or (4);
must ensure that the annual report complies with subsection (6).
Content of report
(6) A report described in subsection (1), (4) or (5) relating to a body or person (the reporter) for a period must:
(a) include a report on how the activities of, and the administration (if any) of legislation by, the reporter during the period accorded with the principles of ecologically sustainable development; and
(b) identify how the outcomes (if any) specified for the reporter in an Appropriations Act relating to the period contribute to ecologically sustainable development; and
(c) document the effect of the reporter’s activities on the environment; and
(d) identify any measures the reporter is taking to minimise the impact of activities by the reporter on the environment; and
(e) identify the mechanisms (if any) for reviewing and increasing the effectiveness of those measures.
Note: The Auditor‑General Act 1997 lets the Auditor‑General audit a reporter’s compliance with these requirements.
(7) In subsection (6):
activities includes:
(a) developing and implementing policies, plans, programs and legislation; and
(b) the operations of a department, authority, company or agency referred to in this section.
Division 2—State of the environment reports
516B State of the environment reports
(1) The Minister must cause a report on the environment in the Australian jurisdiction to be prepared in accordance with the regulations (if any) every 5 years. The first report must be prepared by 31 December 2001.
(2) The report must deal with the matters prescribed by the regulations.
(3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.
Part 21A—Programs relating to protection and conservation etc. of the environment
516C Protection, conservation, restoration and recovery programs
(1) The Minister may, by legislative instrument, prescribe one or more programs in relation to the protection, conservation, restoration or recovery of the environment, including in relation to the expenditure of Commonwealth money under such programs.
(2) A program may only be prescribed under subsection (1) to the extent that it is with respect to one or more legislative powers of the Parliament.
(3) The legislative instrument must:
(a) specify the legislative power or powers of the Parliament in respect of which the instrument is made; and
(b) make provision in relation to:
(i) a description of the program; and
(ii) the purpose of the program.
(4) The legislative instrument may make provision in relation to:
(a) eligibility criteria relating to the program; or
(b) a process for making applications in relation to the program; or
(c) whether application fees are payable in relation to the program.
(5) Subsections (3) and (4) do not limit subsection (1).
516D Arrangements relating to protection, conservation, restoration and recovery programs
(1) The Commonwealth may make, vary or administer an arrangement:
(a) in relation to the carrying out by a constitutional corporation of its activities under a program prescribed by a legislative instrument made under subsection 516C(1); and
(b) for money to be payable by the Commonwealth to the constitutional corporation for that purpose.
Note: Such a legislative instrument would specify the legislative power of the Parliament under paragraph 51(xx) of the Constitution.
(2) The Commonwealth may make, vary or administer an arrangement:
(a) in relation to the carrying out of activities by a person other than a constitutional corporation under a program prescribed by a legislative instrument made under subsection 516C(1); and
(b) for money to be payable by the Commonwealth to the person for that purpose.
(3) The powers conferred on the Commonwealth by subsections (1) and (2) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.
Reimbursement of costs or expenses
(4) An arrangement under subsection (1) or (2) may provide for the Commonwealth to reimburse, or partly reimburse, costs or expenses.
(5) Subsection (4) does not limit subsection (1) or (2).
Definitions
(6) In this section:
administer an arrangement includes give effect to.
arrangement includes contract, agreement, deed or understanding.
make, in relation to an arrangement, includes enter into.
vary an arrangement means:
(a) vary in accordance with the terms or conditions of the arrangement; or
(b) vary with the consent of the non‑Commonwealth party or parties to the arrangement.
516E Terms and conditions relating to protection, conservation, restoration and recovery program arrangements
Arrangements with constitutional corporations
(1) The terms and conditions on which money may be payable by the Commonwealth to a constitutional corporation under an arrangement under subsection 516D(1) must be set out in a written agreement between the Commonwealth and the constitutional corporation.
(2) The constitutional corporation must comply with the terms and conditions.
(3) Without limiting subsection (1), the terms and conditions must provide for the circumstances in which the constitutional corporation must repay amounts to the Commonwealth.
Arrangements with States and Territories
(4) The terms and conditions on which money may be payable by the Commonwealth to a State or Territory under an arrangement under subsection 516D(2) must be set out in a written agreement between the Commonwealth and the State or Territory.
(5) The State or Territory must comply with the terms and conditions.
Who may enter into agreements
(6) An agreement under subsection (1) or (4) may be entered into on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity.
Arrangements with other persons
(7) This section does not, by implication, prevent an arrangement under section 516D between the Commonwealth and a person other than a constitutional corporation or a State or Territory from being made subject to terms and conditions.
516F Executive power of the Commonwealth
This Part does not, by implication, limit the executive power of the Commonwealth.
516G Relationship of this Part with the Public Governance, Performance and Accountability Act 2013
Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non‑corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 516D of this Act.
Chapter 7—Miscellaneous
Part 22—Miscellaneous
517 Determinations of species
(1) The Minister may, by legislative instrument, determine that a distinct population of biological entities is a species for the purposes of this Act.
(3) A determination does not apply for the purposes of Part 13A.
(4) Subsection (3) does not affect the meaning of the expression listed threatened species when used in Part 13A.
517A Exemption for activities that might harm particular species introduced into particular areas
Provisions for which this section applies
(1) This section applies for the purposes of the provisions of the following sections:
(a) sections 18 and 18A;
(b) sections 20 and 20A;
(c) sections 196 to 196E;
(d) section 207B;
(e) sections 211 to 211E;
(f) sections 254 to 254E.
Minister may exempt carrying on of activities
(2) The Minister may, in writing, exempt from the provisions mentioned in subsection (1) the carrying on of particular activities by particular persons (or a particular class of persons), in a particular area, that will or may have an impact on a particular species or its habitat. The species must be a listed threatened species, a listed migratory species or a listed marine species.
Matters Minister must be satisfied of
(3) An exemption under subsection (2) may only be given if the Minister is satisfied that:
(a) members of the species have been, or are proposed to be, introduced into the area by or on behalf of a person (whether the person is a Commonwealth agency or otherwise); and
(b) the purpose of the introduction, or proposed introduction, of the members of the species into the area was or is to make a contribution to the conservation of the species; and
(c) carrying on the activities in the area will or may have an impact on members of the species, or their habitat, but any such impact would be incidental to, and not the purpose of, the activities; and
(d) if the person referred to in paragraph (a) is not the person who is or will be primarily responsible for carrying out the activities—the person who is or will be so responsible has agreed to the introduction of the members of the species into the area.
(4) For the purpose of deciding whether to give an exemption under subsection (2), the Minister may (subject to subsection (3)):
(a) have regard to any matters the Minister considers appropriate; and
(b) seek, and have regard to, information or advice from any source.
What must be specified in an exemption
(5) An exemption under subsection (2) must:
(a) specify the species to which it applies; and
(b) specify the area to which it applies; and
(c) specify the activities to which it applies; and
(d) specify the persons (or classes of persons) who, if they engage in actions that are within the activities, are covered by the exemption.
When an exemption comes into force
(6) An exemption under subsection (2) comes into force on the day the Minister gives the exemption, or on a later day specified in the exemption.
Actions covered by exemption do not contravene provisions for which this section applies
(7) While an exemption under subsection (2) is in force, an action of a person does not contravene any of the provisions mentioned in subsection (1), in so far as the provisions apply in relation to a member of the species specified as mentioned in paragraph (5)(a), if:
(a) the action occurs in the area specified as mentioned in paragraph (5)(b); and
(b) the action is within the activities specified as mentioned in paragraph (5)(c); and
(c) the person is a person, or is a member of a class of persons, specified as mentioned in paragraph (5)(d).
Note 1: If the action also has an impact on a member of another species that is not covered by an exemption under subsection (2), subsection (7) does not affect the question whether the action may contravene a provision mentioned in subsection (1), in so far as the provision applies to the other species.
Note 2: In a prosecution for an offence against a provision mentioned in subsection (1), the defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.
Exemption is not a legislative instrument
(8) An exemption under subsection (2) is not a legislative instrument.
518 Non‑compliance with time limits
(1) Anything done by the Commonwealth, the Minister or the Secretary under this Act or the regulations is not invalid merely because it was not done within the period required by this Act or the regulations.
(2) If, during a financial year, one or more things required to be done under this Act or the regulations were not done within the period required by this Act or the regulations, the Minister must:
(a) cause to be prepared a statement setting out the reasons why each of those things was not done within the period required by this Act or the regulations; and
(b) cause a copy of the statement to be laid before each House of the Parliament as soon as practicable after the end of the financial year.
(3) Subsection (1) does not reduce or remove an obligation under this Act or the regulations to do a thing within a particular period.
519 Compensation for acquisition of property
When compensation is necessary
(1) If, apart from this section, the operation of this Act would result in an acquisition of property from a person that would be invalid because of paragraph 51(xxxi) of the Constitution (which deals with acquisition of property on just terms) the Commonwealth must pay the person a reasonable amount of compensation.
Definition
(2) In this Act:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Court can decide amount of compensation
(3) If the Commonwealth and the person do not agree on the amount of compensation to be paid, the person may apply to the Federal Court for the recovery from the Commonwealth of a reasonable amount of compensation fixed by the Court.
Other compensation to be taken into account
(4) In assessing compensation payable by the Commonwealth, the Court must take into account any other compensation or remedy arising out of the same event or situation.
520 Regulations
(1) The Governor‑General may make regulations prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties for offences against the regulations. A penalty must not be more than 50 penalty units.
(3) Regulations may be made for and in relation to giving effect to any of the following agreements:
(a) the Apia Convention;
(b) the Convention for the Protection of the Natural Resources and Environment of the South Pacific (the SPREP Convention) signed at Noumea on 24 November 1986;