High Seas Biodiversity Act 2026

13 Simplified outline of this Part

14 Application of this Part

Subdivision B—Key concepts relating to this Part

15 Meaning of regulated fishing activity

16 Meaning of utilise

17 Meanings of utilisation activity and utilised marine genetic resources

18 Meaning of notifying entity

19 Regulated databases and regulated repositories

Division 2—Collection of marine genetic resources

Subdivision A—Before carrying out a collection activity

20 Requirement to give pre‑collection notice

21 Contents of pre‑collection notice

22 Withdrawal of pre‑collection notice

Subdivision B—After carrying out a collection activity

23 Requirement to give post‑collection notice—notifying entity for utilisation activity

24 Requirement to give post‑collection notice—holder of collection notification certificate

25 Contents of post‑collection notice

Subdivision C—Collection notification certificates

26 Issue of certificate before collection

27 Obligation to notify Minister of material changes in pre‑collection matters

28 Issue of certificate after collection—notifying entity for utilisation activity

29 Variation of certificate after collection—holder of certificate

30 Variation of certificate to correct errors etc.

Subdivision D—Offences and civil penalties

31 Collection activity without collection notification certificate

32 Failure to notify Minister of material changes in pre‑collection matters

33 Failure to give post‑collection notice

Division 3—Utilisation of marine genetic resources and digital sequence information

Subdivision A—Notification of utilisation activity

34 Requirement to give utilisation notice

35 Contents of utilisation notice

36 Utilisation notification certificate

37 Obligation to notify Minister of material changes in utilisation matters etc.

38 Variation of utilisation certificate

Subdivision B—Depositing utilised material or information

39 Requirement to deposit utilised material or information etc.

40 Exemption from requirement to deposit utilised material or information

Subdivision C—Offences and civil penalties

41 Failure to give utilisation notice

42 Failure to notify Minister of material changes in utilisation matters etc.

43 Failure to deposit utilised material or information

Division 4—Requirements relating to regulated databases and regulated repositories

Subdivision A—Reporting and record keeping

44 Reporting requirements

45 Record keeping requirements

46 Retention of records

47 Notice to give records

Subdivision B—Offences and civil penalties

48 Failure to comply with reporting requirement

49 Failure to keep records

50 Failure to retain records

51 Failure to comply with notice to give records

Part 3—Protection of specially managed areas

52 Simplified outline of this Part

53 Application of this Part

Division 2—Special management plans for specially managed areas

54 Application of this Division

55 Determination of special management plan etc.

56 Variation and revocation of special management plan

57 Permits etc. under special management plans

Division 3—Alternative measures

58 Application of this Division

59 Determination of alternative measures

60 Variation and revocation of alternative measures

61 Permits etc. under alternative measures

Division 4—Offences and civil penalties

62 Contravention of special management plan

63 Contravention of alternative measures

Part 4—Environmental impact assessments

64 Simplified outline of this Part

65 Application of this Part

Division 2—Deciding whether authorisation of a controlled activity is needed

Subdivision A—Referral of activity

66 When an activity must be referred

67 Withdrawal of referral

68 Minister may request referral

69 Meaning of exempt activity

Subdivision B—Decision on referral

70 Public consultation on referral

71 Decision on whether activity is controlled activity

72 When activity is controlled activity

73 Notification of controlled activity decision

74 Reconsideration of decision—international activities

75 Review by Administrative Review Tribunal

Division 3—Environmental impact assessments

Subdivision A—Conducting the environmental impact assessment

76 Environmental impact assessment guidelines

77 Conducting an environmental impact assessment

Subdivision B—Consultation

78 Consultation on draft environmental impact assessment report

79 Consultation on certain international activities

Subdivision C—Finalising the environmental impact assessment

80 Final environmental impact assessment report

Division 4—Ministerial decision whether to authorise controlled activity

Subdivision A—Decision on authorisation

81 Decision on authorisation

82 Requirements for grant of authorisation

83 Conditions to which authorisation is subject

84 Content of authorisation

85 Notification of authorisation decision

86 Review of authorisation by Minister

Subdivision B—Variation of authorisation

87 Variation of authorisation—change in conditions etc.

88 Variation of authorisation—change in period

89 Variation of authorisation—change in holder

90 Notification of decision—variation of authorisation to change conditions etc.

91 Notification of decision—variation of authorisation to change holder

Subdivision C—Suspension

92 Suspension of authorisation

93 Effect of suspension

94 Notification of suspension decision etc.

Subdivision D—Revocation

95 Revocation of authorisation

96 Notification of revocation decision

Subdivision E—Review by Administrative Review Tribunal

97 Review by Administrative Review Tribunal

Division 5—Offences and civil penalties

Subdivision A—Domestic activities

98 Carrying out domestic activity with significant adverse environmental impact

99 Carrying out domestic activity before decision on referral etc.

100 Carrying out domestic activity without authorisation

101 Breach of authorisation condition—domestic activities

Subdivision B—International activities

102 Carrying out international activity with significant adverse environmental impact

103 Carrying out international activity before decision on referral etc.

104 Carrying out international activity without authorisation

105 Breach of authorisation condition—international activities

Division 6—Publication of information

106 Certain information not to be published

Part 5—High Seas Biodiversity Register

107 Simplified outline of this Part

108 High Seas Biodiversity Register

109 Contents of Register

Part 6—Compliance and enforcement

110 Simplified outline of this Part

Division 2—Appointment of inspectors

111 Appointment of inspectors

Division 3—Triggering the Regulatory Powers Act

Subdivision A—Monitoring powers

112 Monitoring powers

113 Modifications of Part 2 of the Regulatory Powers Act

Subdivision B—Investigation powers

114 Investigation powers

115 Modifications of Part 3 of the Regulatory Powers Act

Subdivision C—Civil penalty provisions

116 Civil penalty provisions

Subdivision D—Infringement notices

117 Infringement notices

Subdivision E—Enforceable undertakings

118 Enforceable undertakings

Subdivision F—Injunctions

119 Injunctions

Division 4—Information gathering, record keeping and audits

Subdivision A—Information gathering and record keeping

120 Requirement to give information or produce documents

121 Individuals not excused from giving information or producing documents in certain circumstances

122 Requirement to make and retain records

Subdivision B—Audit powers

123 Audits

124 Auditors

125 Meaning of relevant person for an audit

126 Conduct of audit

127 Relevant person for audit must provide assistance

128 Powers of auditors

Part 7—Information management

129 Simplified outline of this Part

Division 2—Unauthorised use or disclosure

130 Unauthorised use or disclosure of protected information—entrusted person

131 Unauthorised use or disclosure of protected information—official of Commonwealth entity

Division 3—Authorised use or disclosure by Minister

132 Disclosure to Commonwealth entities

133 Disclosure to State or Territory government body

134 Disclosure for the purposes of law enforcement

135 Use or disclosure to reduce serious risk to human health

136 Use or disclosure to reduce serious risk to the environment

Division 4—Authorised use or disclosure by entrusted persons

137 Use or disclosure for the purposes of this Act etc.

138 Disclosure to a court, tribunal etc.

139 Disclosure to foreign governments etc.

140 Use or disclosure of summaries or statistics

141 Use or disclosure of publicly available information

142 Use or disclosure with consent

143 Disclosure to person to whom information relates

144 Disclosure to person who provided information

Part 8—Miscellaneous

145 Simplified outline of this Part

Division 2—Funding arrangements and grants

146 Arrangements and grants

147 Terms and conditions for grants

148 Executive power of the Commonwealth

149 Inclusion of information in annual reports

Division 3—General rules about offences and civil penalty provisions

150 Geographical application of offences

151 Physical elements of offences

152 Contravening an offence provision or a civil penalty provision

Division 4—Other matters

153 Periodic reviews of the operation of this Act

154 Delegation by the Minister

155 Delegation by the Secretary

156 Rules

Commonwealth Coat of Arms of Australia

High Seas Biodiversity Act 2026

No. 42, 2026

An Act to give effect to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, and for related purposes

[Assented to 8 April 2026]

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

  This Act is the High Seas Biodiversity Act 2026.

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
• Provisions Commencement Date/Details
• 1. The whole of this Act The later of:(a) the day after this Act receives the Royal Assent; and(b) the day the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, done at New York on 20 September 2023, enters into force for Australia.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.The Minister must announce, by notifiable instrument, the day the Agreement enters into force for Australia.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Object of this Act

  The object of this Act is to give effect to Australia’s obligations under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.

Note: In this Act, the Agreement mentioned in this section is referred to as the BBNJ Agreement (see the definition of that term in section 5).

4  Simplified outline of this Act

This Act establishes a framework for giving effect to some of Australia’s obligations under the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (called the BBNJ Agreement).

The objective of the BBNJ Agreement is to ensure the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction. An area beyond national jurisdiction is an area that is outside the outer limits of the exclusive economic zone and continental shelf of all countries, including Australia.

Part 2 deals with marine genetic resources collected in areas beyond national jurisdiction, and digital sequence information of such marine genetic resources. Broadly, a marine genetic resource is a thing of marine plant, animal, microbial or other origin that contains genetic material.

An Australian entity that collects marine genetic resources in an area beyond national jurisdiction, or carries out research and development on such marine genetic resources or digital sequence information of such marine genetic resources, must comply with notification and information sharing requirements.

If the entity carries out research and development on the marine genetic resources or the digital sequence information, the entity must also comply with requirements for depositing the resources or information into a publicly accessible repository or database. An owner of such a repository or database must comply with reporting and record keeping requirements.

Part 3 sets out the process for giving effect to a decision under the BBNJ Agreement to establish an area‑based management tool. Broadly, an area‑based management tool contains measures, such as the establishment of a marine protected area, for managing a specific area beyond national jurisdiction.

Depending on whether Australia objects to the decision, the Minister must either:

 (a) determine a plan for managing the area that is consistent with the area‑based management tool; or

 (b) determine alternative measures for managing the area that are equivalent in effect to the area‑based management tool.

Part 4 deals with the assessment and authorisation of certain activities carried out by an Australian entity in areas beyond national jurisdiction, or by any person in Australian jurisdiction.

Generally, a person carrying out or proposing to carry out an activity must refer the activity to the Minister if certain requirements are met in relation to the actual or potential impacts of the activity on the marine environment in an area beyond national jurisdiction.

On receiving the referral, the Minister must decide whether the Minister reasonably believes that an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction. Such an activity cannot be carried out without the Minister’s authorisation.

Before the Minister decides whether to give the authorisation, the person must conduct an environmental impact assessment of the activity. Once the environmental impact assessment is complete, the Minister must decide whether to give the authorisation, and what conditions to attach to the authorisation.

Part 5 provides for the establishment of the High Seas Biodiversity Register.

Part 6 provides for matters relating to compliance and enforcement.

Part 7 provides for the use and disclosure of certain information.

Part 8 contains miscellaneous provisions, including a requirement for 10‑yearly reviews of the operation of this Act.

5  Definitions

  In this Act:

activity includes:

 (a) a project; and

 (b) a development; and

 (c) an undertaking; and

 (d) an alteration of any of the things mentioned in paragraph (a), (b) or (c).

activity area, in relation to an activity, means the area in which the activity is, or is proposed to be, carried out.

alternative measure, for an area beyond national jurisdiction, means a measure to manage the area determined in an instrument under section 59.

Antarctica has the same meaning as in the Antarctic Treaty Act 1960.

area‑based management tool has the same meaning as in the BBNJ Agreement.

area beyond national jurisdiction means:

 (a) an area of water that is outside the outer limits of the exclusive economic zone of all countries, including Australia; or

 (b) an area of seabed or subsoil that is outside the outer limits of the continental shelf of all countries, including Australia.

auditor has the meaning given by section 124.

Australia, when used in a geographical sense, includes the external Territories.

Australian aircraft means:

 (a) an aircraft that is owned, possessed or controlled by:

 (i) the Commonwealth, a State or a Territory; or

 (ii) an authority of the Commonwealth, a State or a Territory; or

 (b) an aircraft that is registered, or required to be registered, in Australia.

Australian entity means:

 (a) an Australian citizen; or

 (b) an individual who is ordinarily resident in Australia; or

 (c) a body (whether incorporated or not) established for a public purpose by or under an Australian law; or

 (d) a body corporate incorporated by or under an Australian law; or

 (e) a person in command or control of an Australian aircraft or Australian vessel.

Australian jurisdiction means:

 (a) the land, waters, seabed, subsoil and airspace in, under or above Australia; or

 (b) the land, waters, seabed and subsoil in or under the exclusive economic zone of Australia; or

 (c) the seabed and subsoil of the continental shelf of Australia.

Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory, as the case requires (see section 15B of the Acts Interpretation Act 1901).

Australian law means a law of the Commonwealth, a State or a Territory.

Australian vessel means:

 (a) a vessel that is owned, possessed or controlled by:

 (i) the Commonwealth, a State or a Territory; or

 (ii) an authority of the Commonwealth, a State or a Territory; or

 (b) a vessel that is registered, or required to be registered, in Australia; or

 (c) a vessel that is flying the Australian flag.

BBNJ Agreement means the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, done at New York on 20 September 2023, as in force for Australia from time to time.

Note: The BBNJ Agreement could in 2026 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

BBNJ identifier, for a collection activity, means the identifier generated in respect of the activity in accordance with Article 12(3) of the BBNJ Agreement.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Clearing‑House Mechanism means the mechanism established under Article 51 of the BBNJ Agreement.

collection activity means an activity constituting the collection of one or more marine genetic resources in an area beyond national jurisdiction.

collection notification certificate, for a collection activity, has the meanings given by subsections 26(2) and 28(2).

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

controlled activity has the meaning given by subsection 71(4).

controlled activity authorisation, for a controlled activity, has the meaning given by paragraph 81(4)(a).

Convention area has the same meaning as in the Antarctic Marine Living Resources Conservation Act 1981.

Note: This is a reference to the area to which the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra on 20 May 1980, applies. The Convention is in Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

cumulative impacts has the same meaning as in the BBNJ Agreement.

customs officer means an officer of Customs within the meaning of the Customs Act 1901.

data management plan, for a collection activity, has the meaning given by paragraph 21(2)(l).

digital sequence information of a marine genetic resource:

 (a) has the meaning given by the rules; or

 (b) if the rules do not give the term a meaning—has its ordinary meaning as understood under the BBNJ Agreement.

domestic activity means an activity carried out, or proposed to be carried out, in Australian jurisdiction.

draft environmental impact assessment report, for a controlled activity, has the meaning given by subsection 77(2).

entrusted person means any of the following:

 (a) the Minister;

 (b) the Secretary;

 (c) an APS employee in the Department;

 (d) any other person employed in, or engaged by, the Department;

 (e) any other person prescribed by the rules.

exempt activity has the meanings given by subsection 69(1) and (3).

final environmental impact assessment report, for a controlled activity, has the meaning given by subsection 80(3).

foreign country means any country that is outside Australia, whether or not it is an independent sovereign state.

foreign entity means a person other than an Australian entity.

holder means:

 (a) in relation to a collection notification certificate or a utilisation notification certificate—the person to whom the certificate is issued; or

 (b) in relation to a controlled activity authorisation for a controlled activity:

 (i) the proponent of the activity; or

 (ii) if the authorisation is varied to specify another person as the holder—that other person.

impact includes:

 (a) environmental impact; and

 (b) economic impact; and

 (c) social impact; and

 (d) cultural impact; and

 (e) impact on human health.

inspector means a person appointed under section 111 as an inspector for the purposes of this Act.

international activity means an activity carried out, or proposed to be carried out, in an area beyond national jurisdiction.

management measure, in relation to an area‑based management tool, means a measure referred to in Article 22 of the BBNJ Agreement.

marine genetic resource means a thing of, or a thing that is material of, marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value.

marine protected area has the same meaning as in the BBNJ Agreement.

non‑controlled activity has the meaning given by subsection 71(5).

notifying entity:

 (a) for a collection activity—has the meanings given by subsections 18(1) and (2); and

 (b) for a utilisation activity—has the meaning given by subsection 18(3).

post‑collection matters, for a marine genetic resource, has the meaning given by subsection 25(2).

post‑collection notice, for a collection activity, has the meanings given by subsections 23(1) and 24(1).

pre‑collection matters, for a collection activity, has the meaning given by subsection 21(2).

pre‑collection notice, for a collection activity, has the meaning given by subsection 20(1).

premises includes the following:

 (a) a structure, building, vehicle, vessel or aircraft;

 (b) a place (whether or not enclosed or built on);

 (c) a part of a thing mentioned in paragraph (a) or (b).

proponent of an activity means the person who referred the activity to the Minister under section 66.

protected information means information of any of the following kinds obtained by an entrusted person:

 (a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

 (b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;

 (c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

 (d) information the disclosure of which could reasonably be expected to endanger a person’s life or physical safety;

 (e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment;

 (f) information the disclosure of which could reasonably be expected to prejudice the security, defence or international relations of Australia.

Register means the High Seas Biodiversity Register established under section 108.

regulated database has the meaning given by subsection 19(1).

regulated fishing activity has the meaning given by subsection 15(1).

regulated repository has the meaning given by subsection 19(2).

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant information means information obtained or generated by a person in:

 (a) performing functions or duties, or exercising powers, under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules; or

 (b) assisting another person to perform functions or duties, or exercise powers, under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules.

relevant person, for an audit, has the meaning given by section 125.

rules means the rules made under section 156.

Scientific and Technical Body means the body established under Article 49 of the BBNJ Agreement.

screening report, in relation to a referral of an activity, has the meaning given by paragraph 66(4)(c).

Secretary means the Secretary of the Department.

specially managed area means an area declared under paragraph 55(1)(a) to be a specially managed area.

special management plan, for a specially managed area, means a plan to manage the area determined under paragraph 55(1)(b).

State or Territory government body means:

 (a) a Department of a State or Territory; or

 (b) an agency of a State or Territory; or

 (c) an authority of a State or Territory.

utilisation activity has the meanings given by subsections 17(1) and (3).

utilisation matters, for a utilisation activity, has the meaning given by subsection 35(2).

utilisation notice, for a utilisation activity, has the meaning given by subsection 34(1).

utilisation notification certificate, for a utilisation activity, has the meaning given by subsection 36(2).

utilise has the meaning given by section 16.

Note: Other parts of speech and grammatical forms of “utilise” (for example, “utilisation”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

utilised marine genetic resources, in relation to a utilisation activity, has the meaning given by subsection 17(2).

6  Minister must take precautionary approach

 (1) The Minister must take a precautionary approach to the performance of functions and the exercise of powers under this Act and the rules, to the extent the Minister can do so consistently with the other provisions of this Act and the rules.

 (2) A precautionary approach means an approach that recognises that the lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.

Division 2—Application of this Act

7  Extension to external Territories

  This Act and the rules, and the Regulatory Powers Act as it applies in relation to this Act and the rules, extend to the external Territories.

8  Extraterritorial application

Application generally in and outside Australian jurisdiction

 (1) Subject to this section, this Act and the rules, and the Regulatory Powers Act as it applies in relation to this Act and the rules, extend to acts, omissions, matters and things outside Australian jurisdiction.

Note: For the meaning of Australian jurisdiction, see section 5.

Application to all persons etc. in Australian jurisdiction

 (2) Subject to subsection (4), to the extent that a provision of this Act or the rules, or a provision of the Regulatory Powers Act as it applies in relation to this Act or the rules, has effect in relation to Australian jurisdiction, that provision applies in relation to:

 (a) all persons (including persons who are not Australian entities); and

 (b) all aircraft (including aircraft that are not Australian aircraft); and

 (c) all vessels (including vessels that are not Australian vessels); and

 (d) all premises (including premises owned or occupied by persons who are not Australian entities).

Application outside Australian jurisdiction limited to Australian entities etc.

 (3) Subject to subsections (4) and (5), to the extent that a provision of this Act or the rules, or a provision of the Regulatory Powers Act as it applies in relation to this Act or the rules, has effect in relation to anywhere outside Australian jurisdiction, that provision applies only in relation to:

 (a) the Commonwealth; and

 (b) authorities of the Commonwealth; and

 (c) Australian entities; and

 (d) Australian aircraft; and

 (e) Australian vessels; and

 (f) members of crews of Australian aircraft and Australian vessels (including persons in charge of those aircraft or vessels).

This Act and the Regulatory Powers Act have effect subject to international law obligations

 (4) This Act and the rules, and the Regulatory Powers Act as it applies in relation to this Act and the rules, have effect subject to:

 (a) Australia’s obligations under international law, including obligations under any international agreement binding on Australia; and

 (b) any law of the Commonwealth giving effect to such an agreement.

 (5) The exercise in a foreign country of a power under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules, is subject to the consent of the foreign country, if such consent is required under international law (including requirements under any international agreement binding on Australia).

9  This Act binds the Crown

 (1) This Act binds the Crown in each of its capacities.

 (2) This Act does not make the Crown liable to be prosecuted for an offence.

Division 3—Constitutional matters

10  Main constitutional basis of this Act

  This Act (other than Part 7 and paragraph 146(1)(e)) relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution as it relates to giving effect to Australia’s obligations under the BBNJ Agreement.

Note: The provisions of Part 7 are about information sharing, and paragraph 146(1)(e) is about funding arrangements and grants for certain purposes. These provisions rely on a range of legislative powers of the Commonwealth.

11  Additional operation of this Act

 (1) In addition to section 10, this Act also has effect as provided by this section.

 (2) This Act has the effect it would have if its operation were expressly confined to acts, omissions, matters or things taking place outside Australia.

 (3) This Act has the effect it would have if its operation were expressly confined to acts, omissions, matters or things with respect to the executive power of the Commonwealth (including with respect to matters incidental to the execution of the executive power of the Commonwealth).

12  Compensation for acquisition of property

 (1) If:

 (a) apart from this section, the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and

 (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Part 2—Marine genetic resources and digital sequence information

Subdivision A—Preliminary

13  Simplified outline of this Part

Under Part II of the BBNJ Agreement, Australia has notification and information sharing obligations relating to:

 (a) the collection of marine genetic resources in areas beyond national jurisdiction; and

 (b) the use of marine genetic resources collected in areas beyond national jurisdiction, or digital sequence information of such marine genetic resources, to carry out research and development on the genetic or biochemical composition of the marine genetic resources (called utilisation).

The purpose of this Part is to enable the Minister to obtain the information needed to meet these obligations.

An Australian entity that carries out an activity constituting the collection of marine genetic resources in an area beyond national jurisdiction must, before and after the activity, give the Minister certain information relating to the activity.

An Australian entity who carries out an activity constituting the utilisation of marine genetic resources collected in an area beyond national jurisdiction, or digital sequence information of such marine genetic resources, must:

 (a) give the Minister certain information relating to each result of the utilisation that becomes publicly available; and

 (b) in some cases, give the Minister certain information relating to the activity during which the marine genetic resources were collected; and

 (c) deposit the utilised marine genetic resources or digital sequence information into a repository or database prescribed by the rules.

An owner of such a database or repository is required to report on, and keep records of, marine genetic resources and digital sequence information held in the database or repository.

A person who fails to comply with a requirement under this Part may be subject to civil or criminal penalties.

This Part does not apply in relation to:

 (a) Defence Force activities; or

 (b) an area in Antarctica, or the area to which the Convention on the Conservation of Antarctic Marine Living Resources applies; or

 (c) certain kinds of fishing activities.

14  Application of this Part

 (1) Subject to subsections (2) and (3), this Part applies in relation to an activity that starts to be carried out on or after the commencement of this Act.

 (2) This Part does not apply in relation to an operation, exercise or other activity conducted by or on behalf of the Defence Force (within the meaning of the Defence Act 1903).

 (3) This Part does not apply in relation to an area beyond national jurisdiction if the area is in:

Subdivision B—Key concepts relating to this Part

15  Meaning of regulated fishing activity

 (1) An activity is a regulated fishing activity if:

 (a) the activity is a fishing activity; and

 (b) an international agreement relating to fishing imposes obligations or confers rights in relation to the activity.

 (2) For the purposes of paragraph (1)(a), fishing activity means:

 (a) an activity that constitutes fishing; or

 (b) an activity carried out solely in support of, or in preparation for, fishing; or

 (c) any other activity prescribed by the rules to be a fishing activity.

 (3) In this section:

fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms.

fishing means:

 (a) searching for, or taking, fish; or

 (b) attempting to search for, or take, fish; or

 (c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

 (d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

 (e) aircraft use relating to any activity described in this definition (except flights in emergencies involving the health or safety of crew members or the safety of a launch, vessel or floating craft of any description); or

 (f) the processing, carrying or transhipping of fish that have been taken.

 (4) For the purposes of paragraph (d) of the definition of fishing in subsection (3), fish aggregating device means:

 (a) a man‑made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or

 (b) any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose;

but does not include a net, trap or other equipment for taking, catching or capturing fish.

16  Meaning of utilise

Marine genetic resources

 (1) A person utilises a marine genetic resource if the person carries out research and development (including through the use of biotechnology) on the genetic or biochemical composition of the marine genetic resource.

Digital sequence information

 (2) A person utilises digital sequence information of a marine genetic resource if the person uses the information for the purposes of carrying out research and development (including through the use of biotechnology) on the genetic or biochemical composition of the marine genetic resource.

 (3) In this section:

biotechnology means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.

17  Meanings of utilisation activity and utilised marine genetic resources

 (1) A utilisation activity is an activity constituting the utilisation of:

 (a) one or more marine genetic resources collected in an area beyond national jurisdiction; or

 (b) digital sequence information of one or more marine genetic resources collected in an area beyond national jurisdiction.

 (2) The marine genetic resources covered by paragraph (1)(a) or (b) (as the case requires) are the utilised marine genetic resources in relation to the activity.

 (3) However, an activity is not a utilisation activity if:

 (a) the activity is a regulated fishing activity; or

 (b) all of the following apply:

 (i) the activity constitutes the utilisation of one or more marine genetic resources, or digital sequence information of one or more marine genetic resources;

 (ii) each of those marine genetic resources was collected during a regulated fishing activity;

 (iii) the activity is carried out for the purposes of a regulated fishing activity.

18  Meaning of notifying entity

Collection activities

 (1) A person is a notifying entity for a collection activity if:

 (a) the collection activity is proposed to be carried out by, or on behalf of, the person; and

 (c) the person is not employed or engaged by a foreign entity in connection with the collection activity.

 (2) However, the person is not a notifying entity for the collection activity if:

 (a) the collection activity is a regulated fishing activity; and

 (b) at the time the collection activity is proposed to be carried out, the person does not propose to carry out a utilisation activity in relation to which one or more utilised marine genetic resources will be collected during the collection activity.

Utilisation activities

 (3) A person is a notifying entity for a utilisation activity if:

 (a) the utilisation activity is carried out or proposed to be carried out by, or on behalf of, the person; and

 (c) the person is not employed or engaged by a foreign entity in connection with the utilisation activity.

19  Regulated databases and regulated repositories

 (1) Regulated database means a database that is prescribed by the rules.

Note: A database may be prescribed by name, or by inclusion in a specified class or classes of databases (see subsection 13(3) of the Legislation Act 2003).

 (2) Regulated repository means a repository that is prescribed by the rules.

Note: A repository may be prescribed by name, or by inclusion in a specified class or classes of repositories (see subsection 13(3) of the Legislation Act 2003).

 (3) Before making rules for the purposes of subsection (1) or (2), the Minister must be satisfied that the rules are consistent with Australia’s obligations under the BBNJ Agreement.

Division 2—Collection of marine genetic resources

Subdivision A—Before carrying out a collection activity

20  Requirement to give pre‑collection notice

 (1) A notifying entity for a collection activity must give a notice (a pre‑collection notice) for the activity to the Minister.

 (2) The entity must give the pre‑collection notice:

 (a) at least 6 months before the day the collection activity starts to be carried out; or

 (b) if that is not possible—as soon as practicable before that day.

21  Contents of pre‑collection notice

 (1) A pre‑collection notice for a collection activity must:

 (b) include information about the pre‑collection matters for the activity; and

 (d) meet any other requirements prescribed by the rules.

 (2) The pre‑collection matters for a collection activity are the following:

 (a) the nature, purposes and objectives of the activity;

 (b) whether the activity forms part of a research program and, if so, the subject matter of that program;

 (c) the marine genetic resources proposed to be collected;

 (d) the geographical location of the activity area;

 (e) how the activity will be carried out, including:

 (i) the scientific equipment or methods to be used; and

 (ii) the name, tonnage, type and class of the vessels to be used;

 (f) whether, and how, the activity will contribute to other research programs;

 (g) the period during which the activity will be carried out;

 (h) any entity providing financial support or assistance for carrying out the activity;

 (i) the contact person for the activity;

 (j) whether there are any opportunities for scientists from other countries to be involved in or associated with the activity;

 (k) whether there are any opportunities for another country to, if requested by that country, participate or be represented in the activity;

 (l) a plan (the data management plan) for managing information relevant to, or resulting from, the activity that:

 (i) is based on the principle of open and responsible data governance; and

 (ii) meets any requirements set out in the rules;

 (m) any other matter prescribed by the rules.

22  Withdrawal of pre‑collection notice

 (1) A person who gives a pre‑collection notice for a collection activity may withdraw the notice, in writing, at any time before the Minister issues a collection notification certificate for the activity.

 (2) If a pre‑collection notice is so withdrawn, it is taken never to have been given.

Subdivision B—After carrying out a collection activity

23  Requirement to give post‑collection notice—notifying entity for utilisation activity

 (1) A notifying entity for a utilisation activity must give a notice (a post‑collection notice) for a collection activity to the Minister if:

 (a) the utilisation activity constitutes the utilisation of one or more marine genetic resources collected during the collection activity; and

 (b) no pre‑collection notice for the collection activity has been given; and

 (c) no other post‑collection notice for the collection activity has been given.

 (2) The entity must give the post‑collection notice before, or at the same time as, giving the utilisation notice for the utilisation activity.

Note: Sections 34 and 35 set out the requirements for utilisation notices.

24  Requirement to give post‑collection notice—holder of collection notification certificate

 (1) The holder of a collection notification certificate for a collection activity must give a notice (a post‑collection notice) for the activity to the Minister within:

 (a) 10 months after the activity is completed; or

 (b) if the Minister agrees in writing to a longer period for the holder—that longer period.

 (2) Before agreeing to a longer period for the purposes of paragraph (1)(b), the Minister must be satisfied that doing so is consistent with Australia’s obligations under the BBNJ Agreement.

25  Contents of post‑collection notice

 (1) A post‑collection notice for a collection activity must:

 (b) specify the BBNJ identifier for the activity; and

 (c) include information about:

 (i) if the notice is given under section 23—the post‑collection matters for each of the utilised marine genetic resources collected during the collection activity; and

 (ii) if the notice is given under section 24—the post‑collection matters for any marine genetic resources collected during the activity by, or on behalf of, the holder of the collection notification certificate; and

 (d) include any other information prescribed by the rules; and

 (e) if the person giving the notice is unable to include any of the information mentioned in paragraphs (b) to (d)—set out the reasons why the person is unable to do so; and

 (2) The post‑collection matters for a marine genetic resource collected during a collection activity are the following:

 (a) where the marine genetic resource is, or will be, held or stored;

 (b) where digital sequence information of the marine genetic resource is, or will be, held or stored;

 (c) the geographical location where the marine genetic resource was collected, including the latitude, longitude and depth;

 (d) the findings made as a result of the collection activity, to the extent that they are publicly available;

 (e) any changes to the data management plan for the collection activity that are required as a result of the carrying out of the activity;

 (f) any other matter prescribed by the rules.

Subdivision C—Collection notification certificates

26  Issue of certificate before collection

 (1) This section applies if a person gives the Minister a pre‑collection notice for a collection activity.

 (2) The Minister must, as soon as practicable after receiving the notice, issue a certificate (a collection notification certificate) for the collection activity to the person.

Note 1: If no pre‑collection notice for the collection activity has been given, a collection notification certificate for the activity may be issued under subsection 28(2).

Note 2: The Minister must publish a copy of the certificate on the Register (see subsection 109(1)).

Contents of certificate

 (3) The collection notification certificate issued under subsection (2) must:

 (a) set out the information included in the notice in accordance with paragraph 21(1)(b) (about pre‑collection matters); and

 (b) specify the BBNJ identifier (if known) for the collection activity; and

Note: The collection notification certificate may be varied to include information about the post‑collection matters for any marine genetic resources collected during the collection activity (see subsection 29(2)).

27  Obligation to notify Minister of material changes in pre‑collection matters

 (1) This section applies if there is a material change in the pre‑collection matters for a collection activity:

 (a) after the Minister issues a collection notification certificate for the activity; and

 (b) before the day the activity starts to be carried out.

 (2) The holder of the collection notification certificate must notify the Minister of the material change as soon as practicable after becoming aware of the change.

 (3) The notice must:

 (b) include information about the material change; and

 (d) meet any other requirements prescribed by the rules.

Variation of certificate

 (4) The Minister must, as soon as practicable after receiving the notice:

 (a) vary the collection notification certificate to reflect the material change; and

 (b) give a copy of the certificate, as varied, to the holder; and

 (c) update the Register accordingly.

28  Issue of certificate after collection—notifying entity for utilisation activity

 (1) This section applies if a notifying entity for a utilisation activity gives the Minister a post‑collection notice for a collection activity.

 (2) The Minister must, as soon as practicable after receiving the notice, issue a certificate (a collection notification certificate) for the collection activity to the person.

Note 1: A collection notification certificate for a collection activity may be issued under this subsection if no collection notification certificate has been issued under subsection 26(2).

Note 2: The Minister must publish a copy of the certificate on the Register (see subsection 109(1)).

Contents of certificate

 (3) The collection notification certificate issued under subsection (2) must:

 (a) set out the information included in the notice in accordance with paragraph 25(1)(c) (about post‑collection matters); and

 (b) specify the BBNJ identifier (if known) for the collection activity; and

29  Variation of certificate after collection—holder of certificate

 (1) This section applies if the holder of a collection notification certificate for a collection activity gives the Minister a post‑collection notice for the activity.

 (2) The Minister must, as soon as practicable after receiving the notice:

 (a) vary the certificate to set out the information included in the notice in accordance with paragraph 25(1)(c) (about post‑collection matters); and

 (b) give a copy of the certificate, as varied, to the holder; and

 (c) update the Register accordingly.

30  Variation of certificate to correct errors etc.

When Minister must vary certificate

 (1) If the Minister is satisfied that a collection notification certificate contains a minor or technical error, the Minister must vary the certificate to correct the error.

When Minister may vary certificate

 (2) The Minister may vary a collection notification certificate with the agreement of the holder.

Notice of variation

 (3) The Minister must, as soon as practicable after varying a collection notification certificate:

 (a) give a copy of the certificate, as varied, to the holder; and

 (b) update the Register accordingly.

Subdivision D—Offences and civil penalties

31  Collection activity without collection notification certificate

 (a) a collection activity is being, or has been, carried out; and

 (b) the person is a notifying entity for the collection activity; and

 (c) the person is not the holder of a collection notification certificate for the collection activity.

32  Failure to notify Minister of material changes in pre‑collection matters

 (a) the person is the holder of a collection notification certificate for a collection activity; and

 (b) the person fails to comply with section 27 (obligation to notify Minister of material changes in pre‑collection matters) in relation to the activity.

33  Failure to give post‑collection notice

 (a) the person is subject to section 23 or 24 (requirement to give post‑collection notice); and

 (b) the person fails to comply with that section.

Division 3—Utilisation of marine genetic resources and digital sequence information

Subdivision A—Notification of utilisation activity

34  Requirement to give utilisation notice

 (1) A notifying entity for a utilisation activity must give a notice (a utilisation notice) for the activity to the Minister.

Note: The notifying entity may also be required to give a post‑collection notice under section 23.

 (2) The utilisation notice must be given as soon as practicable after the first day on which a result of the activity becomes publicly available.

 (3) If there is more than one result of the activity, the notifying entity is not required to give a utilisation notice to the Minister for any result which becomes publicly available after the first notice is given.

Note: However, the entity must notify the Minister of the result and the Minister must vary the utilisation notification certificate accordingly (see section 37 and subsection 38(1)).

35  Contents of utilisation notice

 (1) A utilisation notice for a utilisation activity must:

 (b) specify the BBNJ identifier (if known) for the collection activity during which the utilised marine genetic resources were collected; and

 (c) include information about the utilisation matters for the utilisation activity; and

 (d) include any other information prescribed by the rules; and

 (e) if the notifying entity is unable to include any of the information mentioned in paragraphs (b) to (d) in the notice—set out the reasons why the entity is unable to do so; and

 (2) The utilisation matters for a utilisation activity are the following:

 (a) where the results of the activity that are publicly available may be found;

 (b) any notifications relating to the utilised marine genetic resources that were published through the Clearing‑House Mechanism after those marine genetic resources were collected;

 (c) where the marine genetic resources or digital sequence information that have been, or are being, utilised are held or stored;

 (d) the modalities envisaged for access to the marine genetic resources or digital sequence information that have been or are being utilised, and a data management plan;

 (e) sales of any commercially produced goods that have been developed using information produced as a result of the activity;

 (f) any other matter prescribed by the rules.

36  Utilisation notification certificate

 (1) This section applies if a person gives a utilisation notice for a utilisation activity.

 (2) The Minister must, as soon as practicable after receiving the notice, issue a certificate (a utilisation notification certificate) for the utilisation activity to the person.

Note: The Minister must also publish a copy of the certificate on the Register (see subsection 109(1)).

 (3) The utilisation notification certificate must:

 (a) include information about the utilisation matters for the utilisation activity; and

 (b) specify the BBNJ identifier (if known) for each collection activity during which the utilised marine genetic resources were collected; and

37  Obligation to notify Minister of material changes in utilisation matters etc.

 (1) This section applies if, at any time after the Minister issues a utilisation notification certificate for a utilisation activity, the holder becomes aware of any of the following:

 (a) a material change in the utilisation matters for the activity;

 (b) new information about the utilisation matters for the activity;

 (c) a new publicly available result of the activity.

 (2) The holder must notify the Minister as soon as practicable after becoming so aware.

 (3) The notice must:

 (b) if the notice relates to a material change in the utilisation matters—include information about the material change; and

 (c) if the notice relates to new information about the utilisation matters—include the new information; and

 (d) if the notice relates to a new publicly available result of the activity—include information about where the result may be found; and

 (e) include any other information prescribed by the rules; and

38  Variation of utilisation certificate

When Minister must vary certificate

 (1) If information relating to a utilisation activity is notified to the Minister under section 37, the Minister must vary the utilisation notification certificate for the activity to reflect the information.

 (2) If the Minister is satisfied that a utilisation notification certificate contains a minor or technical error, the Minister must vary the certificate to correct the error.

When Minister may vary certificate

 (3) The Minister may vary a utilisation notification certificate with the agreement of the holder.

Notice of variation

 (4) The Minister must, as soon as practicable after varying a utilisation notification certificate:

 (a) give a copy of the certificate, as varied, to the holder; and

 (b) update the Register accordingly.

Subdivision B—Depositing utilised material or information

39  Requirement to deposit utilised material or information etc.

 (1) A notifying entity for a utilisation activity must deposit the utilised material or information into a regulated repository or regulated database:

 (a) within the deposit period; and

 (b) in accordance with any requirements prescribed by the rules.

 (2) The utilised material or information is:

 (a) the BBNJ identifier (if known) for each collection activity during which the utilised marine genetic resources were collected; and

 (b) the marine genetic resources or digital sequence information utilised during the utilisation activity.

 (3) The notifying entity is taken to have deposited the utilised material or information into the repository or database when the utilised material or information can be accessed from the repository or database by another person.

Period for depositing utilised material or information

 (4) The deposit period is:

 (a) the period of 3 years after the day the utilisation activity starts to be carried out; or

 (b) if the Minister agrees in writing to a longer period for the entity—that longer period.

 (5) Before agreeing to a longer period for the purposes of paragraph (4)(b), the Minister must be satisfied that doing so is consistent with Australia’s obligations under the BBNJ Agreement.

Rules

 (6) Before making rules for the purposes of paragraph (1)(b), the Minister must be satisfied that the rules are consistent with Australia’s obligations under the BBNJ Agreement.

40  Exemption from requirement to deposit utilised material or information

 (1) On application by a notifying entity for a utilisation activity, the Minister may, in writing, exempt the entity from complying with subsection 39(1) in relation to the activity.

Note: The Minister must publish the exemption on the Register (see subsection 109(1)).

Rules

 (2) The rules may make provision for, or in relation to, the giving of an exemption under subsection (1).

 (3) Without limiting subsection (2), rules made for the purposes of that subsection may:

 (a) specify the manner and form in which an application for an exemption under subsection (1) must be made; and

 (b) provide for the circumstances in which such an exemption may be given; and

 (c) provide for the conditions that may apply to such an exemption.

 (4) Before making rules for the purposes of subsection (2), the Minister must be satisfied that the rules are consistent with Australia’s obligations under the BBNJ Agreement.

Exemptions not legislative instruments

 (5) An exemption under subsection (1) is not a legislative instrument.

Subdivision C—Offences and civil penalties

41  Failure to give utilisation notice

 (a) the person is a notifying entity for a utilisation activity; and

 (b) the person fails to comply with section 34 (requirement to give utilisation notice) in relation to the activity.

42  Failure to notify Minister of material changes in utilisation matters etc.

 (a) the person is the holder of a utilisation notification certificate for a utilisation activity; and

 (b) the person fails to comply with section 37 (obligation to notify Minister of material changes in utilisation matters etc.) in relation to the activity.

43  Failure to deposit utilised material or information

 (a) the person is a notifying entity for a utilisation activity; and

 (b) the person fails to comply with subsection 39(1) (requirement to deposit utilised material or information etc.) in relation to the activity.

Exception

 (5) Subsection (1) does not apply if an exemption under subsection 40(1) is in effect in relation to the person and the utilisation activity.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Division 4—Requirements relating to regulated databases and regulated repositories

Subdivision A—Reporting and record keeping

44  Reporting requirements

 (1) An owner of a regulated database or regulated repository must give a report to the Minister in relation to a reporting period if, at any time during the reporting period, the database or repository holds:

 (a) a marine genetic resource collected in an area beyond national jurisdiction; or

 (b) digital sequence information of a marine genetic resource collected in an area beyond national jurisdiction.

Note 1: If there are multiple owners of a database or repository, see subsection (5).

Note 2: For the meaning of reporting period, see subsection (6).

 (2) The report must be given within 6 months after the end of the reporting period.

Contents of report

 (3) The report must:

 (a) specify the BBNJ identifier (if known) for each collection activity during which a marine genetic resource mentioned in paragraph (1)(a) or (b) (as the case requires) was collected; and

 (b) specify the number of times during the period that the marine genetic resource or digital sequence information was accessed (other than access for the purposes of maintaining or operating the database or repository); and

 (d) if the owner is unable to include any of the information mentioned in paragraphs (a) to (c) in the report—set out the reasons why the owner is unable to do so; and

 (e) meet any other requirements prescribed by the rules.

Note: For the purposes of paragraph (a), a collection activity may include a collection activity under the laws of a foreign country.

 (4) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, rules made for the purposes of paragraph (3)(c) or (e) of this section may make different provision in relation to different kinds of regulated databases, regulated repositories, information, circumstances or any other matter.

Multiple owners of a database or repository

 (5) Despite subsection (1), an owner of a regulated database or regulated repository is not required to give a report to the Minister in relation to a reporting period if:

 (a) there is more than one owner of the database or repository; and

 (b) another owner of the database or repository has given a report to the Minister in relation to the reporting period.

Meaning of reporting period

 (6) In this section:

reporting period means the following:

 (a) the period:

 (i) beginning on the commencement of this section; and

 (ii) ending on the second 30 June that occurs after that commencement;

 (b) the period of 24 months beginning on the day after the end of the period mentioned in paragraph (a);

 (c) each subsequent 24‑month period.

45  Record keeping requirements

 (1) An owner of a regulated database or regulated repository must keep a record of the information specified in subsection (2) for each of the following that is held by the repository or database:

 (a) a marine genetic resource collected in an area beyond national jurisdiction;

 (b) digital sequence information of a marine genetic resource collected in an area beyond national jurisdiction.

 (2) For the purposes of subsection (1), the following information is specified:

 (a) evidence that the marine genetic resource, or the marine genetic resource to which the digital sequence information relates, was collected in an area beyond national jurisdiction;

 (b) the number of times that the marine genetic resource or digital sequence information was accessed (other than access for the purposes of maintaining or operating the database or repository);

 (c) any other information prescribed by the rules;

 (d) if the owner is unable to include any of the information mentioned in paragraphs (a) to (c) in the report—the reasons why the owner is unable to do so.

 (3) The record must be kept in accordance with any requirements prescribed by the rules.

 (4) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, rules made for the purposes of paragraph (2)(c) or subsection (3) of this section may make different provision in relation to different kinds of regulated databases, regulated repositories, information, circumstances or any other matter.

46  Retention of records

  An owner of a regulated database or regulated repository must retain a record mentioned in subsection 45(1) throughout the period:

 (a) beginning at the time the record was made; and

 (b) ending immediately after the day the database or repository no longer holds the marine genetic resource or digital sequence information for which the record was made.

47  Notice to give records

  The Minister may, by notice in writing, require an owner of a regulated database or regulated repository to:

 (a) give a copy of any records relating to the repository or database to the Minister; and

 (b) do so within the period specified in the notice.

Subdivision B—Offences and civil penalties

48  Failure to comply with reporting requirement

 (b) the person fails to comply with section 44 (reporting requirements) in relation to the database or repository.

49  Failure to keep records

 (b) the person fails to comply with section 45 (record keeping requirements) in relation to the database or repository.

50  Failure to retain records

 (b) the person fails to comply with section 46 (retention of records) in relation to the database or repository.

51  Failure to comply with notice to give records

 (b) the person is given a notice under section 47 (notice to give records); and

 (c) the person fails to comply with a requirement of the notice.

Part 3—Protection of specially managed areas

52  Simplified outline of this Part

Part III of the BBNJ Agreement provides for the establishment of area‑based management tools. An area‑based management tool contains measures, such as the establishment of a marine protected area, for managing a specific area beyond national jurisdiction with the aim of achieving conservation and sustainable use objectives.

This Part sets out the process for giving effect to a decision under the BBNJ Agreement to establish an area‑based management tool in relation to an area beyond national jurisdiction. However, this Part does not apply in relation to:

 (a) an area in Antarctica; or

 (b) the area to which the Convention on the Conservation of Antarctic Marine Living Resources applies.

If Australia does not object to the decision, the Minister must:

 (a) declare the area as a specially managed area; and

 (b) determine a plan (called a special management plan) for managing the area that is consistent with the area‑based management tool.

If Australia objects to the decision, and there is no equivalent Australian law in force that applies to the area, the Minister must determine alternative measures for managing the area that are equivalent in effect to the area‑based management tool.

An Australian entity that contravenes a special management plan or an alternative measure may be subject to civil or criminal penalties.

53  Application of this Part

  This Part does not apply in relation to an area beyond national jurisdiction if the area is in:

Division 2—Special management plans for specially managed areas

54  Application of this Division

  This Division applies if:

 (a) a decision is made under Article 22 of the BBNJ Agreement to establish an area‑based management tool, including a marine protected area, in relation to an area beyond national jurisdiction; and

 (i) Australia has not made an objection under Article 23 of the BBNJ Agreement with respect to the decision; or

 (ii) Australia has made such an objection and the objection is withdrawn.

55  Determination of special management plan etc.

 (1) The Minister must, by legislative instrument:

 (a) declare that the area beyond national jurisdiction covered by the decision is a specially managed area; and

 (b) determine a plan to manage the area.

Note: The plan is a special management plan for the specially managed area (see the definition of that term in section 5).

Requirements for specially managed area

 (2) The instrument must specify that the specially managed area includes:

 (a) if the area covered by the decision extends to a particular depth under the sea—that depth; and

 (b) if the area covered by the decision includes any part of the seabed in the area—that part of the seabed; and

 (c) if the area covered by the decision includes the subsoil to a particular depth beneath the seabed—the subsoil to that depth beneath the seabed.

Requirements for special management plan

 (3) The special management plan must be consistent with the area‑based management tool (including any management measures or management plans that form part of the area‑based management tool).

 (4) In particular, the special management plan must:

 (a) set out the proposed measures to manage the specially managed area, including any monitoring, research or review activity that may be carried out in the area; and

 (b) indicate how the plan takes account of Australia’s obligations under the BBNJ Agreement.

Timing of making of instrument

 (5) The Minister must make the instrument, and the instrument must commence:

 (a) if Australia has not made an objection under Article 23 of the BBNJ Agreement with respect to the decision—within 120 days after the day the decision is made; or

 (b) if Australia has made such an objection and Australia later withdraws the objection—within 90 days after the day the objection is withdrawn; or

 (c) if Australia has made such an objection and Australia has not renewed the objection—within 120 days after the day the objection is withdrawn because the objection is not renewed.

Note: See Article 23(8) of the BBNJ Agreement for renewal of objections.

 (6) A failure to make the instrument within the period specified in subsection (5) does not affect the validity of the instrument.

56  Variation and revocation of special management plan

Variation

 (1) If the area‑based management tool (including any management measures or management plans that form part of the area‑based management tool) is amended under Article 22 of the BBNJ Agreement, the Minister must vary the instrument consistently with the amendment.

 (2) The Minister may vary the instrument to correct a minor or technical error.

Revocation

 (3) The Minister may revoke the instrument if the area‑based management tool ceases to have effect under the BBNJ Agreement.

57  Permits etc. under special management plans

 (1) The rules may provide for matters that may be specified in a special management plan for a specially managed area.

 (2) Rules made under subsection (1) may prohibit the doing of an act or thing by a person in the specially managed area unless:

 (a) the person holds a permit issued by the Minister under the special management plan; and

 (b) the permit authorises the person to do that act or thing.

 (3) Rules made under subsection (1) may provide for the Minister to:

 (a) issue a permit under the special management plan; and

 (b) include conditions in the permit; and

 (c) vary the permit by:

 (i) including one or more further conditions; or

 (ii) varying any conditions; or

 (iii) revoking any conditions; and

 (d) suspend the permit; and

 (e) cancel the permit.

 (4) Subsections (2) and (3) do not limit subsection (1).

Division 3—Alternative measures

58  Application of this Division

 (1) This Division applies if:

 (a) a decision is made under Article 22 of the BBNJ Agreement to establish an area‑based management tool, including a marine protected area, in relation to an area beyond national jurisdiction; and

 (b) Australia has made an objection under Article 23 of the BBNJ Agreement with respect to the decision and the objection is not withdrawn; and

 (c) the Minister is satisfied that subsection (2) does not apply.

 (2) This subsection applies if another Australian law:

 (a) is in force; and

 (b) is, to the extent practicable, equivalent in effect to the decision; and

 (c) applies to the area covered by the decision.

 (3) To avoid doubt, this Division may begin to apply if:

 (a) at a time, this Division does not apply because the Minister is satisfied as mentioned in paragraph (1)(c); but

 (b) the Minister later ceases to be so satisfied (for example, because the relevant Australian law is repealed).

59  Determination of alternative measures

 (1) The Minister must, by legislative instrument:

 (a) specify the area beyond national jurisdiction covered by the decision; and

 (b) determine one or more measures to manage the area.

Note: Each measure is an alternative measure for the area beyond national jurisdiction (see the definition of that term in section 5).

 (2) In making the instrument, the Minister must be satisfied that the instrument is, to the extent practicable, equivalent in effect to the decision.

 (3) Without limiting paragraph (1)(b), the measures may include requirements with which a person doing an act or thing in the area must comply.

60  Variation and revocation of alternative measures

Variation

 (1) The Minister may vary the instrument by:

 (a) varying or revoking an existing alternative measure for the area specified in the instrument; or

 (b) determining a new alternative measure for the area specified in the instrument.

 (2) The Minister may do so only if satisfied that, to the extent practicable, the instrument as varied remains equivalent in effect to the decision.

Revocation

 (3) The Minister must revoke the instrument if Australia’s objection is withdrawn.

Note: Division 2 applies if Australia’s objection is withdrawn.

 (4) The Minister may revoke the instrument if satisfied that another Australian law:

 (a) is in force; and

 (b) is, to the extent practicable, equivalent in effect to the decision; and

 (c) applies in relation to the area beyond national jurisdiction covered by the decision.

61  Permits etc. under alternative measures

 (1) The rules may provide for matters that may be specified in an instrument made under section 59 in relation to an area beyond national jurisdiction.

 (2) Rules made under subsection (1) may prohibit the doing of an act or thing by a person in the area unless:

 (a) the person holds a permit issued by the Minister under the instrument; and

 (b) the permit authorises the person to do that act or thing.

 (3) Rules made under subsection (1) may provide for the Minister to:

 (a) issue a permit under the instrument; and

 (b) include conditions in the permit; and

 (c) vary the permit by:

 (i) including one or more further conditions; or

 (ii) varying any conditions of the permit; or

 (iii) revoking any conditions of the permit; and

 (d) suspend the permit; and

 (e) cancel the permit.

 (4) Subsections (2) and (3) do not limit subsection (1).

Division 4—Offences and civil penalties

62  Contravention of special management plan

 (b) the person does an act or omits to do an act in a specially managed area; and

 (c) the act or omission contravenes a special management plan for the area.

63  Contravention of alternative measures

 (b) the person does an act or omits to do an act in an area beyond national jurisdiction; and

 (c) the act or omission contravenes an alternative measure for the area.

Part 4—Environmental impact assessments

64  Simplified outline of this Part

Part IV of the BBNJ Agreement establishes an environmental impact assessment process for parties to the Agreement to prevent, mitigate and manage the impacts or potential impacts of planned activities on the marine environment in areas beyond national jurisdiction.

This Part sets out the process for conducting an environmental impact assessment of the following kinds of activities:

 (a) an activity carried out, or proposed to be carried out, by a person in Australian jurisdiction;

 (b) an activity carried out, or proposed to be carried out, by an Australian entity in an area beyond national jurisdiction.

Generally, a person carrying out or proposing to carry out an activity must refer the activity to the Minister if the person thinks that:

 (a) for an activity in Australian jurisdiction—an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction; or

 (b) otherwise—the actual or potential impacts of the activity on the marine environment in an area beyond national jurisdiction are more than minor or transitory, or are unknown or uncertain.

On receiving the referral, the Minister must decide whether the Minister reasonably believes that an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction. Such an activity (called a controlled activity) cannot be carried out without the Minister’s authorisation.

Before the Minister decides whether to authorise the carrying out of the controlled activity, the person must conduct an environmental impact assessment of the potential impacts of the controlled activity on the marine environment in certain areas and prepare a report of the assessment. The assessment must be conducted in accordance with guidelines that are made by the Minister following a consultation process.

A draft report of the environmental impact assessment must be prepared by the person and given to the Minister for public consultation, which may include consultation with other countries. The person may make changes to the draft report to take into account comments received during the consultation.

Once the report of the environmental impact assessment is finalised and given to the Minister, the Minister must decide whether to authorise the carrying out of the controlled activity (called a controlled activity authorisation), and what conditions to attach to the authorisation.

The Minister may only give a controlled activity authorisation if satisfied that all reasonable efforts have been made to ensure that the controlled activity can be carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in areas beyond national jurisdiction. The Minister may also vary, suspend or revoke a controlled activity authorisation in some circumstances.

A person may be subject to civil or criminal penalties if the person:

 (a) carries out an activity with a significant adverse impact on the marine environment in an area beyond national jurisdiction; or

 (b) fails to comply with the requirements relating to referring an activity to the Minister; or

 (c) carries out a controlled activity without a controlled activity authorisation; or

 (d) carries out a controlled activity in breach of a condition of the controlled activity authorisation.

This Part does not apply in relation to:

 (a) an area in Antarctica; or

 (b) the area to which the Convention on the Conservation of Antarctic Marine Living Resources applies.

65  Application of this Part

 (1) Subject to subsection (2), this Part applies in relation to an activity that starts to be carried out on or after the commencement of this Act.

 (2) This Part does not apply in relation to an area beyond national jurisdiction if the area is in:

Division 2—Deciding whether authorisation of a controlled activity is needed

Subdivision A—Referral of activity

66  When an activity must be referred

 (1) A person carrying out or proposing to carry out an activity must refer the activity to the Minister if:

 (a) subsection (2) or (3) applies; and

 (b) the activity is not an exempt activity.

Note: For the meaning of exempt activity, see section 69.

 (a) the activity is a domestic activity; and

 (b) the person thinks that the impacts of the activity have resulted, or may result, in:

 (i) substantial pollution of the marine environment in an area beyond national jurisdiction; or

 (ii) significant and harmful changes to the marine environment in an area beyond national jurisdiction.

Note: A domestic activity is an activity carried out, or proposed to be carried out, in Australian jurisdiction (see the definition of that term in section 5).

 (3) This subsection applies if:

 (a) the activity is an international activity; and

 (c) the person thinks that the impacts of the activity on the marine environment in an area beyond national jurisdiction have been, or may be:

 (i) more than minor or transitory; or

 (ii) unknown or uncertain without further assessment.

Note: An international activity is an activity carried out, or proposed to be carried out, in an area beyond national jurisdiction (see the definition of that term in section 5).

Requirements for referrals

 (4) A referral under this section of an activity must:

 (a) be in writing; and

 (b) be given in a form approved, in writing, by the Minister; and

 (c) include a report (the screening report) setting out:

 (i) details of the activity, including its purpose, location, duration and intensity; and

 (ii) an analysis of the potential impacts of the activity on the marine environment in areas beyond national jurisdiction; and

 (iii) an analysis of the feasibility of any alternatives to carrying out the activity; and

 (d) be accompanied by any other information or documents:

 (i) required by the form; or

 (ii) prescribed by the rules; and

 (e) if the rules specify a fee that must accompany the referral—be accompanied by the fee.

67  Withdrawal of referral

 (1) A person who refers an activity to the Minister may withdraw the referral, in writing, at any time before the Minister gives a controlled activity authorisation for the activity.

Note: See Division 4 for matters relating to controlled activity authorisations.

 (2) If a referral is so withdrawn, it is taken never to have been made.

68  Minister may request referral

 (1) If the Minister reasonably believes that a person is carrying out or proposing to carry out an activity that is required to be referred under section 66, the Minister may, by written notice given to the person, request the person to:

 (a) make the referral; and

 (b) do so within the period specified in the notice.

 (2) The person may, as soon as practicable after receiving the request, notify the Minister if:

 (a) the person is not carrying out the activity; or

 (b) the person is not, or is no longer, proposing to carry out the activity.

 (3) If, after being so notified, the Minister is satisfied that the person is not carrying out or proposing to carry out the activity, the Minister may withdraw the request by written notice given to the person.

69  Meaning of exempt activity

 (1) A domestic activity is an exempt activity if the activity has been, or is required to be, assessed under an Australian law specified in an instrument under subsection (2).

 (2) The Minister may, by legislative instrument, specify an Australian law for the purposes of subsection (1) if the Minister is satisfied that an assessment of an activity under that law is equivalent to an environmental impact assessment of the activity conducted under Division 3 of this Part.

 (3) An international activity is an exempt activity if a determination is in force under subsection (4) in relation to the activity.

 (4) The Minister may, in writing, determine that an international activity is not required to be referred under section 66 if:

 (a) the impacts of the activity on areas beyond national jurisdiction have been assessed under an Australian law or an international agreement to which Australia is a party; and

 (b) a copy of the assessment has been given to the Minister; and

 (c) the Minister is satisfied that the assessment is equivalent to an environmental impact assessment of the activity conducted under Division 3 of this Part.

 (5) A determination under subsection (4) is not a legislative instrument.

Subdivision B—Decision on referral

70  Public consultation on referral

 (1) The Minister must, as soon as practicable after receiving a referral of an activity under section 66:

 (a) publish the referral, including the screening report, through the Clearing‑House Mechanism; and

 (b) publish on the Department’s website:

 (i) the referral, including the screening report; and

 (ii) an invitation to the public to give written comments on the activity to the Minister within the period specified in the invitation.

 (2) The period specified in the invitation must be at least 10 business days (measured in Canberra) after the invitation is published.

 (3) The Minister must publish on the Department’s website any relevant comments received:

 (a) in response to the invitation; and

 (b) within the period specified in the invitation.

71  Decision on whether activity is controlled activity

 (1) The Minister must decide whether the carrying out of the activity without authorisation under this Part should be prohibited.

Request for further information

 (2) The Minister may, by notice in writing, require the proponent of the activity to give the Minister, within the period specified in the notice, such further information in relation to the activity as the Minister requires.

 (3) The Minister is not required to make a decision under subsection (1) in relation to the activity, and may cease considering whether to make the decision, if the proponent of the activity does not provide the requested information within the period specified in the notice.

Decision on activity

 (4) If the Minister decides that the carrying out of the activity without authorisation under this Part should be prohibited, the activity is a controlled activity.

 (5) If the Minister decides that the carrying out of the activity should not be so prohibited, the activity is a non‑controlled activity.

72  When activity is controlled activity

 (1) The Minister must decide that the activity is a controlled activity if the Minister reasonably believes that the activity has resulted, or may result, in:

 (a) substantial pollution of the marine environment in an area beyond national jurisdiction; or

 (b) significant and harmful changes to the marine environment in an area beyond national jurisdiction.

 (2) In deciding whether the Minister has the belief mentioned in subsection (1), the Minister must have regard to the following:

 (a) the information included in the referral;

 (b) any relevant comments received:

 (i) in response to the invitation under paragraph 70(1)(b); and

 (ii) within the period specified in the invitation;

 (c) any matters prescribed by the rules;

 (d) any other matters the Minister considers relevant.

73  Notification of controlled activity decision

 (1) The Minister must, as soon as practicable after making a decision under subsection 71(1) in relation to the activity:

 (a) give the proponent of the activity written notice of the Minister’s decision and the reasons for the decision; and

 (b) publish a copy of the notice on the Department’s website.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

 (2) If the activity is an international activity, the Minister must also:

 (a) publish a copy of the notice through the Clearing‑House Mechanism; and

 (b) publish on the Department’s website:

 (i) any comments provided to the Minister by a party to the BBNJ Agreement in response to the decision; and

 (ii) any comments or recommendations provided to the Minister by the Scientific and Technical Body in response to the decision.

74  Reconsideration of decision—international activities

 (1) The Minister may reconsider a decision under subsection 71(1) about whether an international activity is a controlled activity if:

 (a) a comment or recommendation has been provided to the Minister in response to the decision by:

 (i) a party to the BBNJ Agreement; or

 (ii) the Scientific and Technical Body; and

 (b) the Minister is satisfied, having regard to the comment or recommendation, that it is appropriate to do so.

 (2) After reconsidering the decision, the Minister must:

 (a) affirm the decision; or

 (b) set the decision aside and substitute a new decision.

Notification of new decision

 (3) If the Minister decides on reconsideration to set the decision aside and substitute a new decision, the Minister must:

 (a) give the proponent of the activity written notice of the substituted decision and the reasons for the substituted decision; and

 (b) publish a copy of the notice on the Department’s website.

Note: If the substituted decision is that the activity is a controlled activity, an application may be made to the Administrative Review Tribunal for review of the decision.

When reconsideration decision takes effect

 (4) A decision on reconsideration under this section takes effect on the day after it is made.

75  Review by Administrative Review Tribunal

  An application may be made to the Administrative Review Tribunal for review of a decision under subsection 71(1) that an activity is a controlled activity.

Note: This includes a substituted decision made on reconsideration under section 74.

Division 3—Environmental impact assessments

Subdivision A—Conducting the environmental impact assessment

76  Environmental impact assessment guidelines

 (1) As soon as practicable after the Minister decides that an activity is a controlled activity, the Minister must make written guidelines for conducting an environmental impact assessment of the activity.

Contents of guidelines

 (2) The guidelines must set out requirements about the manner in which the assessment is to be conducted, including about the following:

 (a) the assessment of the potential impacts of the controlled activity (including any cumulative impacts) and how those impacts will, or may, affect the marine environment in the activity area or any other area, including requiring the use of the following in preparing the assessment:

 (i) the best available scientific knowledge;

 (ii) where available, any traditional knowledge of indigenous persons or local communities that is relevant to the activity area;

 (b) the identification of any proposed measures to prevent, mitigate or manage those impacts and, where appropriate, the incorporation of such measures into an environmental management plan;

 (c) the analysis of the feasibility of any alternatives to carrying out the controlled activity;

 (d) the identification of any strategic environmental assessments conducted in accordance with Article 39 of the BBNJ Agreement that are relevant to the controlled activity;

 (e) consultation with relevant stakeholders, including indigenous persons;

 (f) any matters prescribed by the rules;

 (g) any other matters the Minister considers relevant.

Consultation

 (3) Before making the guidelines, the Minister must:

 (a) give a draft of the guidelines to the proponent of the controlled activity; and

 (b) publish the draft on the Department’s website; and

 (c) publish the draft through the Clearing‑House Mechanism; and

 (d) invite the following to give written comments on the draft within the period specified in the invitation:

 (i) the proponent of the controlled activity;

 (ii) the public; and

 (e) if the controlled activity is an international activity—invite the following to give written comments on the draft within the period specified in the invitation:

 (i) the parties to the BBNJ Agreement;

 (ii) any other foreign country, if the Minister reasonably believes that the activity will affect the carrying out of another activity by the country or the exercise of the sovereign rights of the country as a coastal State;

 (iii) the Scientific and Technical Body.

 (4) If any relevant comments are received in response to an invitation under subsection (3) within the period specified in the invitation, the Minister must:

 (a) publish the comments on the Department’s website; and

 (b) take the comments into account in making the guidelines.

Note: The Minister may redact information from the comments before they are published (see section 106).

Publication of guidelines

 (5) As soon as practicable after making the guidelines, the Minister must:

 (a) give the guidelines to the proponent of the controlled activity; and

 (b) publish the guidelines on the Department’s website; and

 (c) publish the guidelines through the Clearing‑House Mechanism.

Guidelines not legislative instruments

 (6) The guidelines are not a legislative instrument.

77  Conducting an environmental impact assessment

 (1) The proponent of the controlled activity must:

 (a) conduct an environmental impact assessment of the activity in accordance with the guidelines; and

 (b) prepare and give a draft report on the assessment to the Minister.

 (2) The draft report is the draft environmental impact assessment report for the controlled activity.

 (3) The draft report must include the following:

 (a) details of the controlled activity, including its location;

 (b) how the environmental impact assessment was conducted;

 (c) if the environmental impact assessment identified any scientific or other information relating to the controlled activity that is unknown or uncertain—details of that information;

 (d) an assessment of the existing marine environment in the activity area and any other area that will be, or may be, affected by the potential impacts of the controlled activity (including any cumulative impacts);

 (e) an assessment of the potential impacts of the controlled activity (including any cumulative impacts) and how those impacts will, or may, affect the marine environment in the activity area or any other area;

 (f) details of proposed measures to prevent, mitigate or manage those impacts including, where appropriate, a draft environmental management plan;

 (g) details of any public consultation undertaken as part of the environmental impact assessment;

 (h) any reasonable alternatives to carrying out the controlled activity identified by the proponent, and the feasibility of those alternatives;

 (i) a summary of the report that uses plain language;

 (j) any other information required by the guidelines;

 (k) any other information prescribed by the rules.

Subdivision B—Consultation

78  Consultation on draft environmental impact assessment report

 (1) The Minister must, as soon as practicable after receiving the draft environmental impact assessment report for the controlled activity:

 (a) publish a copy of the report on the Department’s website; and

 (b) publish a copy of the report through the Clearing‑House Mechanism; and

 (c) invite the public to give written comments on the report within the period specified in the invitation; and

 (d) if the controlled activity is an international activity—invite the following to give written comments on the report within the period specified in the invitation:

 (i) the parties to the BBNJ Agreement;

 (ii) any other foreign country, if the Minister reasonably believes that the activity will affect the carrying out of another activity by the country or the exercise of the sovereign rights of the country as a coastal State;

 (iii) the Scientific and Technical Body.

 (2) The period specified in the invitation must be at least 20 business days (measured in Canberra) after the invitation is published.

 (3) The Minister may also give comments on the draft environmental impact assessment report to the proponent of the controlled activity.

 (4) The Minister must:

 (a) publish on the Department’s website any relevant comments received:

 (i) in response to an invitation under subsection (1); and

 (ii) within the period specified in the invitation; and

 (b) give a copy of the comments to the proponent of the controlled activity; and

 (c) if the Minister considers it appropriate to do so:

 (i) request the proponent to respond to one or more of the comments; and

 (ii) publish the proponent’s response on the Department’s website.

Note: The Minister may redact information from the comments or the proponent’s response before they are published (see section 106).

79  Consultation on certain international activities

 (1) This section applies if:

 (a) the controlled activity is an international activity; and

 (b) the activity area is adjacent to the exclusive economic zone of one or more foreign countries.

 (2) The Minister must, before the final environmental impact assessment report for the controlled activity is prepared:

 (a) consult the government of each of the foreign countries on the activity; and

 (b) publish on the Department’s website any comments received in response to the consultation; and

 (c) give a copy of the comments to the proponent of the activity.

Note: The Minister may redact information from the comments before they are published (see section 106).

 (3) If any comments are received in response to the consultation within the period specified by subsection (4):

 (a) the proponent of the controlled activity must:

 (i) give a written statement to the Minister setting out whether, and how, the proponent has addressed or intends to address the comments; and

 (ii) do so before preparing the final environmental impact assessment report for the activity; and

 (b) the Minister must publish the statement on the Department’s website.

Note: The Minister may redact information from the statement before it is published (see section 106).

 (4) The following periods are specified:

 (a) if the Minister consults only one country—the period of 20 business days (measured in Canberra) starting on the day the Minister consulted that country;

 (b) if the Minister consults more than one country—the period of 20 business days (measured in Canberra) starting on the day the Minister consulted the last of those countries.

Subdivision C—Finalising the environmental impact assessment

80  Final environmental impact assessment report

 (1) After the end of the consultation period, the proponent of the controlled activity must:

 (a) make such changes to the draft environmental impact assessment report for the activity as the proponent considers appropriate, having regard to any comments received under section 78 or 79; and

 (b) finalise the report; and

 (c) give the finalised report to the Minister.

 (2) For the purposes of subsection (1), the consultation period ends at the later of the following times:

 (a) the end of the period specified in an invitation under subsection 78(1) in relation to the draft environmental impact assessment report for the controlled activity;

 (b) if section 79 applies—the end of the period specified by subsection 79(4) in relation to the controlled activity.

 (3) The finalised report is the final environmental impact assessment report for the controlled activity.

 (4) The Minister must, as soon as practicable after receiving the final environmental impact assessment report:

 (a) publish a copy of the report on the Department’s website; and

 (b) publish a copy of the report through the Clearing‑House Mechanism.

Division 4—Ministerial decision whether to authorise controlled activity

Subdivision A—Decision on authorisation

81  Decision on authorisation

 (1) After receiving the final environmental impact assessment report for a controlled activity, the Minister must decide whether to authorise the carrying out of the activity.

Request for further information

 (2) The Minister may, by notice in writing, require the proponent of the controlled activity to give the Minister, within the period specified in the notice, such further information in relation to the activity as the Minister requires.

 (3) The Minister is not required to make a decision under subsection (1) in relation to the controlled activity, and may cease considering whether to make the decision, if the proponent does not provide the requested information within the period specified in the notice.

Decision on authorisation

 (4) If the Minister decides to authorise the carrying out of the controlled activity:

 (a) the authorisation is a controlled activity authorisation for the activity; and

 (b) the proponent of the activity is authorised to carry out the activity in accordance with the authorisation.

Note: The proponent is the holder of the authorisation unless the authorisation is varied to specify another person as the holder (see the definition of holder in section 5).

82  Requirements for grant of authorisation

 (1) The Minister may give a controlled activity authorisation for a controlled activity only if the Minister is satisfied that all reasonable efforts have been made to ensure that the activity can be carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in areas beyond national jurisdiction.

 (2) In deciding whether the Minister is satisfied as mentioned in subsection (1), the Minister must have regard to the following:

 (a) any relevant comments received on the draft environmental impact assessment report for the controlled activity:

 (i) in response to an invitation under subsection 78(1); and

 (ii) within the period specified in the invitation;

 (b) any responses given by the proponent of the controlled activity to those comments;

 (c) if any comments were received in response to a consultation under section 79:

 (i) the comments; and

 (ii) the written statement given by the proponent of the activity in relation to those comments;

 (d) the final environmental impact assessment report for the controlled activity, including:

 (i) the proposed measures set out in the report to prevent, mitigate or manage the potential impacts of the activity; and

 (ii) if the proposed measures include an environmental management plan—the environmental management plan;

 (e) any other information prescribed by the rules;

 (f) any other information that the Minister considers relevant.

83  Conditions to which authorisation is subject

 (1) A controlled activity authorisation is subject to the following conditions:

 (a) the holder must take the measures specified in the authorisation;

 (b) the holder must comply with the requirements specified in the authorisation;

 (c) the conditions (if any) imposed by the Minister under subsection (2).

 (2) The Minister may impose such conditions on the authorisation that the Minister considers appropriate.

 (3) Without limiting subsection (2), the Minister may impose conditions relating to compliance with an environmental management plan included in the final environmental impact assessment report for the controlled activity.

84  Content of authorisation

 (1) A controlled activity authorisation must be in writing and specify the following:

 (a) details of the controlled activity;

 (b) the holder;

 (c) the period for which the authorisation is in force;

 (d) the conditions to which the authorisation is subject (see section 83);

 (e) measures to prevent, mitigate or manage any adverse impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

 (f) requirements relating to monitoring, and reporting to the Minister on, the impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

 (g) requirements relating to identifying, and reporting to the Minister on, any significant adverse impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

 (h) any other requirements that the Minister considers necessary to prevent, mitigate or manage the impacts of the controlled activity on the marine environment in areas beyond national jurisdiction.

 (2) In specifying requirements for the purposes of paragraph (1)(f), the Minister must take into account Australia’s obligations under Article 35 of the BBNJ Agreement.

85  Notification of authorisation decision

 (1) The Minister must, as soon as practicable after making a decision under subsection 81(1) in relation to a controlled activity:

 (a) give written notice of the decision to the proponent of the activity; and

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

 (a) if the decision is to give a controlled activity authorisation—include a copy of the authorisation; and

 (b) if the decision is not to give a controlled activity authorisation—set out the reasons for the decision.

86  Review of authorisation by Minister

 (1) The Minister may, at any time, decide to review a controlled activity authorisation for a domestic activity for the purpose of deciding whether to vary, suspend or revoke the authorisation.

 (2) The Minister must decide to review a controlled activity authorisation for an international activity for the purpose of deciding whether to vary, suspend or revoke the authorisation if either of the following applies:

 (a) the Minister reasonably believes that the circumstances mentioned in subsection (3) exist in relation to the activity;

 (b) the Minister receives, from a party to the BBNJ Agreement or the Scientific and Technical Body, information that suggests that the circumstances mentioned in subsection (3) exist in relation to the activity.

 (3) The circumstances are that:

 (a) the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

 (i) the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

 (ii) the significant adverse impact was, or may be, caused by a breach of a condition to which the authorisation is subject.

Notification of decision to review

 (4) The Minister must, as soon as practicable after deciding to review a controlled activity authorisation:

 (b) publish a copy of the notice through the Clearing‑House Mechanism.

Subdivision B—Variation of authorisation

87  Variation of authorisation—change in conditions etc.

 (1) The Minister may vary a controlled activity authorisation if:

 (a) any of subsections (3) to (5) apply; and

 (b) the Minister is satisfied that the authorisation, as varied, will ensure that the activity is carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in an area beyond national jurisdiction.

 (2) The Minister may vary the authorisation by:

 (a) varying a measure or requirement specified in the authorisation; or

 (b) specifying a new requirement that the Minister considers necessary to prevent, mitigate or manage the impacts of the controlled activity on the marine environment in areas beyond national jurisdiction; or

 (c) varying or revoking a condition imposed on the authorisation under subsection 83(2); or

 (d) imposing a new condition on the authorisation that the Minister considers appropriate.

Variation to address significant adverse impact

 (3) This subsection applies if:

 (a) the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

 (i) the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

 (c) the Minister reasonably believes that the variation is necessary to protect the marine environment in the area from:

Variation by agreement

 (4) This subsection applies if the holder agrees to the variation.

Variation in prescribed circumstances

 (5) This subsection applies if the Minister reasonably believes that a circumstance prescribed by the rules exists in relation to the controlled activity.

88  Variation of authorisation—change in period

  The Minister may, if satisfied that it is appropriate in the circumstances to do so, vary a controlled activity authorisation by:

 (a) extending the period for which the authorisation is in force; or

 (b) reducing the period for which the authorisation is in force.

89  Variation of authorisation—change in holder

 (1) The Minister may, on application by the holder of a controlled activity authorisation, vary the authorisation by specifying another person as the holder if the Minister is satisfied that it is appropriate in the circumstances to do so.

 (2) The application must:

 (a) be in writing; and

 (b) be given in a form approved, in writing, by the Minister; and

 (c) be accompanied by any other information or documents:

 (i) required by the form; or

 (ii) prescribed by the rules; and

 (d) if the rules specify a fee that must accompany the application—be accompanied by the fee.

90  Notification of decision—variation of authorisation to change conditions etc.

 (1) The Minister must, as soon as practicable after deciding to vary a controlled activity authorisation under section 87 or 88:

 (a) specify the reasons for the variation; and

 (b) specify the day the variation takes effect (which must not be earlier than the day after the notice is given); and

 (c) include a copy of the authorisation as varied.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

91  Notification of decision—variation of authorisation to change holder

 (1) If an application is made under section 89 to vary a controlled activity authorisation by specifying another person (the prospective holder) as the holder, the Minister must, as soon as practicable after making a decision on the application:

 (a) give written notice of the decision to the applicant and the prospective holder; and

 (a) specify the reasons for the decision; and

 (b) if the decision is to vary the authorisation:

 (i) specify the day the variation takes effect (which must not be earlier than the day after the notice is given); and

 (ii) include a copy of the authorisation as varied.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

Subdivision C—Suspension

92  Suspension of authorisation

 (1) The Minister may suspend a controlled activity authorisation if subsection (2) or (3) applies.

Suspension to address significant adverse impact

 (a) the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

 (i) the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

 (c) the Minister reasonably believes that the suspension is necessary to protect the marine environment in the area from:

Suspension in prescribed circumstances

 (3) This subsection applies if the Minister reasonably believes that a circumstance prescribed by the rules exists in relation to the controlled activity.

93  Effect of suspension

 (1) While a controlled activity authorisation is suspended under this Subdivision, the authorisation is taken to not authorise any person to carry out the controlled activity.

 (2) However, the authorisation remains in force despite the suspension.

94  Notification of suspension decision etc.

 (1) The Minister must, as soon as practicable after deciding to suspend a controlled activity authorisation:

 (a) give written notice (the suspension notice) of the decision to the holder; and

 (b) publish a copy of the suspension notice on the Department’s website; and

 (c) publish a copy of the suspension notice through the Clearing‑House Mechanism.

 (2) The suspension notice must specify:

 (a) the reasons for the suspension; and

 (b) the day the suspension takes effect (which must not be earlier than the day after the notice is given); and

 (c) either or both of the following:

 (i) the actions the holder must take for the suspension to end;

 (ii) a fixed period for the suspension.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

Suspensions subject to specified actions

 (3) If the suspension notice specifies actions the holder must take for the suspension to end, and the Minister is satisfied that the holder has taken those actions, the Minister must:

 (a) give written notice (the action taken notice) of that fact to the holder; and

 (b) publish a copy of the action taken notice on the Department’s website; and

 (c) publish a copy of the action taken notice through the Clearing‑House Mechanism.

When a suspension ends

 (4) The suspension of the controlled activity authorisation ends in accordance with the following table.

• When the suspension of the controlled activity authorisation ends
• Item Column 1If the suspension notice specifies ... Column 2the suspension ends ...
• 1 actions the holder must take for the suspension to end at the start of the day the Minister gives the action taken notice, subject to item 3
• 2 a fixed period for the suspension immediately after the end of the fixed period, subject to item 3
• 3 both:(a) actions the holder must take for the suspension to end; and(b) a fixed period for the suspension at the later of the following times:(a) the start of the day the Minister gives the action taken notice;(b) immediately after the end of the fixed period

Subdivision D—Revocation

95  Revocation of authorisation

 (1) The Minister may revoke a controlled activity authorisation if subsection (2) or (3) applies.

Revocation to address significant adverse impact

 (a) the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

 (i) the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

 (c) the Minister reasonably believes that the revocation is necessary to protect the marine environment in the area from:

Revocation in prescribed circumstances

 (3) This subsection applies if the Minister reasonably believes that a circumstance prescribed by the rules exists in relation to the controlled activity.

96  Notification of revocation decision

 (1) The Minister must, as soon as practicable after deciding to revoke a controlled activity authorisation:

 (2) The notice under subsection (1) must specify:

 (a) the reasons for the decision; and

 (b) the day the revocation takes effect (which must not be earlier than the day after the notice is given).

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.

Subdivision E—Review by Administrative Review Tribunal

97  Review by Administrative Review Tribunal

  An application may be made to the Administrative Review Tribunal for review of the following decisions:

 (a) a decision under subsection 81(1) not to authorise the carrying out of a controlled activity;

 (b) a decision under subsection 83(2) to impose a condition on a controlled activity authorisation;

 (c) a decision under section 86 to review a controlled activity authorisation;

 (d) a decision under section 87 to vary a controlled activity authorisation by:

 (i) varying a measure or requirement specified in the authorisation; or

 (ii) specifying a new requirement; or

 (iii) varying or revoking a condition imposed on the authorisation; or

 (iv) imposing a new condition on the authorisation;

 (e) a decision under section 88 to vary a controlled activity authorisation by extending or reducing the period for which the authorisation is in force;

 (f) a decision under section 89 not to vary a controlled activity authorisation by specifying a different holder;

 (g) a decision under section 92 to suspend a controlled activity authorisation;

 (h) a decision under section 95 to revoke a controlled activity authorisation.

Division 5—Offences and civil penalties

Subdivision A—Domestic activities

98  Carrying out domestic activity with significant adverse environmental impact

 (a) the person carries out a domestic activity; and

 (b) the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction.

Penalty: Imprisonment for 7 years or 1,000 penalty units, or both.

Exceptions

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

 (a) the activity is an exempt activity; or

 (b) the activity is a non‑controlled activity; or

 (c) the person is the holder of a controlled activity authorisation for the activity.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

99  Carrying out domestic activity before decision on referral etc.

 (a) the person has referred a domestic activity to the Minister under section 66; and

 (b) the Minister has not made a decision under subsection 71(1) (decision on whether activity is controlled activity) in relation to the activity; and

 (c) the person carries out the activity.

 (2) A person contravenes this subsection if:

 (a) the Minister has given the person a notice under section 68 requesting the person to refer a domestic activity to the Minister; and

 (b) the person has not made the referral within the period specified in the notice; and

 (c) the request has not been withdrawn; and

 (d) the person carries out the activity.

 (3) A person commits an offence if the person contravenes subsection (1) or (2).

 (4) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).

 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

100  Carrying out domestic activity without authorisation

 (a) the person carries out a domestic activity; and

 (b) the activity is a controlled activity; and

 (c) the person is not authorised by a controlled activity authorisation to carry out the activity.

101  Breach of authorisation condition—domestic activities

 (a) the person is the holder of a controlled activity authorisation for a domestic activity; and

 (b) the authorisation is subject to a condition; and

 (c) the person does an act or omits to do an act; and

 (d) the act or omission breaches the condition.

Subdivision B—International activities

102  Carrying out international activity with significant adverse environmental impact

 (b) the person carries out an international activity; and

 (c) the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction.

Penalty: Imprisonment for 7 years or 1,000 penalty units, or both.

Exceptions

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

 (a) the activity is an exempt activity; or

 (b) the activity is a non‑controlled activity; or

 (c) the person is the holder of a controlled activity authorisation for the activity.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

103  Carrying out international activity before decision on referral etc.

 (b) the person has referred an international activity to the Minister under section 66; and

 (c) the Minister has not made a decision under subsection 71(1) (decision on whether activity is controlled activity) in relation to the activity; and

 (d) the person carries out the activity.

 (2) A person contravenes this subsection if:

 (b) the Minister has given the person a notice under section 68 requesting the person to refer an international activity to the Minister; and

 (c) the person has not made the referral within the period specified in the notice; and

 (d) the request has not been withdrawn; and

 (e) the person carries out the activity.

 (3) A person commits an offence if the person contravenes subsection (1) or (2).

 (4) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).

 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

104  Carrying out international activity without authorisation

 (b) the person carries out an international activity; and

 (c) the activity is a controlled activity; and

 (d) the person is not authorised by a controlled activity authorisation to carry out the activity.

105  Breach of authorisation condition—international activities

 (b) the person is the holder of a controlled activity authorisation for an international activity; and

 (c) the authorisation is subject to a condition; and

 (d) the person does an act or omits to do an act; and

 (e) the act or omission breaches the condition.

Division 6—Publication of information

106  Certain information not to be published

 (1) This section applies if, under this Part, the Minister is required to publish a document.

 (2) The Minister may redact information from the published document if the Minister is satisfied that:

 (a) the publication of the information could reasonably be expected to prejudice the security, defence or international relations of Australia; or

 (b) all of the following apply in relation to the information:

 (i) publication of the information would cause competitive detriment to a person;

 (ii) the information is not in the public domain;

 (iii) the information is not required to be published under an Australian law;

 (iv) the information is not readily discoverable.

 (3) If the Minister redacts the information, the Minister must include in the document a statement to that effect.

Part 5—High Seas Biodiversity Register

107  Simplified outline of this Part

This Part provides for the establishment of the High Seas Biodiversity Register.

The Register contains information about certain matters dealt with under this Act, including collection notification certificates and utilisation notification certificates issued by the Minister.

The Minister must make the Register available on the Department’s website, but may redact certain information from the Register.

108  High Seas Biodiversity Register

 (1) The Minister must establish and maintain a register, to be known as the High Seas Biodiversity Register.

Note: The High Seas Biodiversity Register is known as the Register (see the definition of that term in section 5).

 (2) The Register is to be maintained by electronic means.

 (3) The Register is to be made available on the Department’s website.

 (4) The Minister must ensure that the Register is up to date.

109  Contents of Register

 (1) The Minister must publish on the Register:

 (a) for each collection notification certificate and utilisation notification certificate issued by the Minister:

 (i) a copy of the certificate; and

 (ii) the name of the holder; and

 (iii) any variation of the certificate; and

 (b) each exemption given by the Minister under subsection 40(1) (exemption from requirement to deposit utilised material or information); and

 (c) any other information prescribed by the rules.

 (2) Despite subsection (1), the Minister may:

 (a) redact or remove information from the Register; or

 (b) decide not to publish information on the Register;

if the Minister reasonably believes that:

 (c) the information is sensitive information; or

 (d) there are exceptional circumstances that make it inappropriate to publish the information on the Register.

 (3) For the purposes of paragraph (2)(c), sensitive information is:

 (a) information of a culturally sensitive nature; or

 (b) information the publication of which could reasonably be expected to:

 (i) prejudice the protection of public safety or the environment; or

 (ii) endanger the life or safety of an individual or group of individuals; or

 (iii) prejudice the security, defence or international relations of the Commonwealth; or

 (iv) prejudice relations between the Commonwealth government and the government of a State or Territory.

Part 6—Compliance and enforcement

110  Simplified outline of this Part

This Part provides for matters relating to compliance and enforcement.

In particular, this Part:

 (a) provides for the Secretary to appoint Commonwealth, State and Territory officers and employees as inspectors for the purposes of this Act; and

 (b) applies the framework established by the Regulatory Powers Act in relation to provisions of this Act and the rules; and

 (c) confers information gathering powers on the Secretary for the purposes of investigating or preventing contraventions; and

 (d) provides for the rules to prescribe record keeping requirements for certain persons; and

 (e) provides for the Secretary to require audits of certain activities to be conducted.

Division 2—Appointment of inspectors

111  Appointment of inspectors

 (1) The Secretary may, by written instrument, appoint any of the following persons as an inspector for the purposes of this Act:

 (a) an officer or employee of the Commonwealth, or of an agency or authority of the Commonwealth;

 (b) an officer or employee of a State or Territory, or of an agency or authority of a State or Territory.

 (2) The Secretary must not appoint a person under paragraph (1)(b) as an inspector without the agreement of the State or Territory.

 (3) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an inspector.

 (4) In exercising powers as an inspector, an inspector must comply with any directions of the Secretary.

 (5) If a direction under subsection (4) is given in writing, the direction is not a legislative instrument.

 (6) If a direction under subsection (4) is given orally, the Secretary must, as soon as reasonably practicable after giving the direction:

 (a) make a written record of the direction; and

 (b) give a copy of the written record to the inspector.

Division 3—Triggering the Regulatory Powers Act

Subdivision A—Monitoring powers

112  Monitoring powers

Provisions subject to monitoring

 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

 (a) each provision of this Act and the rules;

 (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the rules.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act and the rules 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 this Act or the rules is subject to monitoring under Part 2 of the Regulatory Powers Act.

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.

Related provisions, 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 that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):

 (a) there are no related provisions; and

 (b) an inspector is an authorised applicant; and

 (c) an inspector is an authorised person; and

 (d) a magistrate is an issuing officer; and

 (e) the Secretary is the relevant chief executive; and

 (f) 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 or the rules.

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) the provisions mentioned in subsection (1); and

 (b) the information mentioned in subsection (2).

113  Modifications of Part 2 of the Regulatory Powers Act

Premises

 (1) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2) as if a reference in that Part to premises were a reference to premises as defined in section 5 of this Act.

Additional monitoring powers

 (2) For the purposes of determining:

 (a) whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or

 (b) the correctness of information mentioned in subsection 112(2);

the additional powers mentioned in subsections (3) and (4) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

 (3) The additional monitoring powers are:

 (a) the power to sample any thing on premises entered under Part 2 of the Regulatory Powers Act; and

 (b) the power to remove, test and analyse such samples; and

 (c) the power to secure premises entered under Part 2 of the Regulatory Powers Act; and

 (d) the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

 (e) the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).

Stopping or detaining a vehicle, vessel or aircraft

 (4) If an authorised person is authorised under section 18 of the Regulatory Powers Act, as that section applies in relation to:

 (a) the provisions mentioned in subsection 112(1) of this Act; and

 (b) information mentioned in subsection 112(2) of this Act;

to enter premises that are a vehicle, vessel or aircraft, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vehicle, vessel or aircraft for the purposes of:

 (c) entering the vehicle, vessel or aircraft; and

 (d) exercising monitoring powers under that Part.

Use of force in executing a monitoring warrant

 (5) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2):

 (a) an authorised person may use such force against 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.

Communication

 (6) An authorised person may communicate a requirement, in relation to an aircraft or vessel, under section 112 or this section by means of:

 (a) an international signal code; or

 (b) if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or

 (c) if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.

Identity cards

 (7) A reference to an identity card in sections 25 and 26 and subsection 35(6) of the Regulatory Powers Act, as those provisions apply in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2), is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or a customs officer (as the case requires).

 (8) Subsection 35(1) of the Regulatory Powers Act, as that subsection applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2), does not require the relevant chief executive to issue an identity card to an authorised person who is:

 (a) a member or special member of the Australian Federal Police; or

 (b) a customs officer.

Announcement before entry under a warrant

 (9) For the purposes of determining:

 (a) whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or

 (b) the correctness of information mentioned in subsection 112(2);

paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person’s identity card before entering premises under Part 2 of that Act is not practical in the circumstances.

 (10) However, if either of the following persons is present at the premises when the authorised person so enters:

 (a) the occupier in relation to the premises;

 (b) another person who apparently represents the occupier in relation to the premises;

the Regulatory Powers Act is taken to require the authorised person to show the authorised person’s identity card to the occupier, or other person, as soon as is practicable.

Definitions

 (11) In this section:

occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.

Subdivision B—Investigation powers

114  Investigation powers

Provisions subject to investigation

 (1) The following provisions are subject to investigation under Part 3 of the Regulatory Powers Act:

 (a) a civil penalty provision of this Act;

 (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the rules.

Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

 (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):

 (a) there are no related provisions; and

 (b) an inspector is an authorised applicant; and

 (c) an inspector is an authorised person; and

 (d) a magistrate is an issuing officer; and

 (e) the Secretary is the relevant chief executive; and

 (f) 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 or the rules.

Person assisting

 (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).

115  Modifications of Part 3 of the Regulatory Powers Act

Premises

 (1) Part 3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act as if a reference in that Part to premises were a reference to premises as defined in section 5 of this Act.

Additional investigation powers

 (2) The additional powers mentioned in subsections (3) and (4) of this section are taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act.

 (3) The additional investigation powers are:

 (a) the power to sample any thing on premises entered under Part 3 of the Regulatory Powers Act; and

 (b) the power to remove, test and analyse such samples; and

 (c) the power to secure premises entered under Part 3 of the Regulatory Powers Act; and

 (d) the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

 (e) the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the authorised person reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and

 (f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the authorised person reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container; and

 (g) the power to require a person in command or control, or who appears to be in command or control, of a vehicle, vessel or aircraft to do any of the following:

 (i) ensure the vehicle, vessel or aircraft does not remain, or does not come, as the case requires, in Australian jurisdiction;

 (ii) ensure the vehicle, vessel or aircraft is brought to a specified place at which it is safe and practicable to bring the vehicle, vessel or aircraft;

 (iii) ensure the vehicle, vessel or aircraft remains at a specified place until an authorised person permits the vehicle, vessel or aircraft to leave;

 (iv) arrange for goods being carried on the vehicle, vessel or aircraft to be unloaded;

 (v) ensure that goods being carried on the vehicle, vessel or aircraft are not unloaded until an authorised person permits their unloading.

Stopping or detaining a vehicle, vessel or aircraft

 (4) If an authorised person is authorised under section 48 of the Regulatory Powers Act, as that section applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, to enter premises that are a vehicle, vessel or aircraft, the investigation powers under Part 3 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vehicle, vessel or aircraft for the purposes of:

 (a) entering the vehicle, vessel or aircraft; and

 (b) exercising investigation powers under that Part.

Use of force in executing an investigation warrant

 (5) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 114(1):

 (a) an authorised person may use such force against 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.

Communication

 (6) An authorised person may communicate a requirement, in relation to an aircraft or vessel, under this section by means of:

 (a) an international signal code; or

 (b) if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or

 (c) if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.

Operating electronic equipment etc. that may contain evidential material

 (7) Subsection 50(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, is taken to include the power (subject to subsections 50(3) and (4) of the Regulatory Powers Act) to:

 (a) operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 114(1) of this Act; and

 (b) use a disk, tape or other storage device that:

 (i) is on those premises; and

 (ii) can be used with the equipment or is associated with it;

to find out whether the equipment, disk, tape or other storage device contains such evidential material.

Identity cards

 (8) A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or a customs officer (as the case requires).

 (9) Subsection 76(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is:

 (a) a member or special member of the Australian Federal Police; or

 (b) a customs officer.

Subdivision C—Civil penalty provisions

116  Civil penalty provisions

  Enforceable civil penalty provisions

 (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.

 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Maximum penalty—certain contraventions by a body corporate

 (4) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty that a relevant court may order a body corporate to pay for a contravention of a civil penalty provision in Part 3 or 4 of this Act must not be more than 10 times the pecuniary penalty specified for the civil penalty provision.

Note: Under subsection 82(5) of the Regulatory Powers Act, for a contravention of any other civil penalty provision of this Act by a body corporate, the pecuniary penalty imposed for the contravention must not be more than 5 times that specified for the provision.

Subdivision D—Infringement notices

117  Infringement notices

Provisions subject to an infringement notice

 (1) Each civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

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, an inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive

 (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).

Subdivision E—Enforceable undertakings

118  Enforceable undertakings

Enforceable provisions

 (1) Each provision of this Act and the rules is enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

 (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).

 (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

Enforceable undertaking may be published on the Department’s website

 (4) The Secretary may cause an undertaking given under Part 6 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) to be published on the Department’s website.

Subdivision F—Injunctions

119  Injunctions

Enforceable provisions

 (1) Each provision of this Act and the rules is enforceable under Part 7 of the Regulatory Powers Act.

Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

 (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).

 (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

Division 4—Information gathering, record keeping and audits

Subdivision A—Information gathering and record keeping