Part 3A.5—Contributions to the Supplementary Fund

An Act relating to oil pollution damage Chapter 1—Preliminary #### 1 Short title This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993. #### 2 Commencement (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia. (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect. (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia. #### 3 Interpretation In this Act, unless the contrary intention appears : > Australia, when used in a geographical sense, includes all the external Territories. > Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990. > the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1). > the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol. > the 1971 Convention means the original Convention as amended by the 1976 Protocol. > the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention. > the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2). > the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol. > the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention. > the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4). > the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003. > Note: The text of the 2003 Protocol is set out in Australian Treaty Series \[2005\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). #### 4 Act to bind Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act. #### 5 Operation of Act This Act applies both within and outside Australia and extends to every external Territory. #### 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Chapter 3—The 1992 Convention ## Part 3.1—Repeal of Chapter 2 #### 26 Repeal of Chapter 2 (1) Chapter 2 is repealed. (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2. ## Part 3.2—Outline of Chapter #### 27 Simplified outline The following is a simplified outline of this Chapter: (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5); (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6); (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6). Diagram showing flow of money | Oil receivers make contributions to 1992 Fund | $ | 1992 Fund | $ | Certain persons entitled to receive compensation from 1992 Fund | | --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- | ## Part 3.3—Interpretation #### 28 Interpretation Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention. ## Part 3.4—Legal recognition of the 1992 Fund #### 29 1992 Fund is a legal person For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued. #### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund. ## Part 3.5—Compensation #### 31 Certain provisions of the 1992 Convention to have the force of law (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth: Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies. (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia. #### 32 Claims for compensation (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention. (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory. (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action. (4) The transfer may be made at any stage of the proceedings. (5) The court may transfer proceedings on application or on its own initiative. (6) If proceedings are transferred from a court: (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and (b) the court to which the proceedings are transferred must proceed as if: (i) the proceedings had originally been instituted in that court; and (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred. #### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981. #### 34 Regulations to give effect to Article 8 of the 1992 Convention (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including: (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section. (2) Subsection (1) does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of that subsection. ## Part 3.6—Contributions to the 1992 Fund ### Division 1—Liability to make contributions #### 35 Liability to contribute to the 1992 Fund (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth. (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act. (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if: (a) both the first person and the second person are bodies corporate; and (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001. (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth. #### 36 Amount of contributions Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. #### 37 When contributions are due and payable Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention. #### 38 Transitional Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth. ### Division 2—Recovery of contributions etc. #### 39 Late payment penalty (1) If: (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention; the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time. (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth. #### 40 1992 Fund to be paid amounts equal to amounts of contributions (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth. (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount. (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund. (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2). #### 41 Recovery of contributions and late payment penalty (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth: (a) contributions that are required to be paid because of this Part and that are due and payable; (b) late payment penalty that is due and payable. (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party. (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1). #### 42 Regulations relating to recovery of contributions etc. (1) The regulations may make provision for and in relation to the following: (a) the methods by which contributions required to be paid because of this Part may be paid; (b) the methods by which late payment penalty may be paid; (c) refunds of, or of overpayments of, contributions. (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems. ### Division 3—Record‑keeping and returns etc. #### 43 Authority to inform 1992 Fund (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth. (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority. (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate. #### 44 Record‑keeping and returns etc. (1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and (c) to: (i) produce documents to the Authority; or (ii) make copies of documents and give the copies to the Authority; where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part. (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration. (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii). (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However: (a) giving the information or return or producing the document or copy; or (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy; is not admissible in evidence against the person in: (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or (d) proceedings for recovery of an amount of late payment penalty. #### 45 Failure to give information or returns (1) A person commits an offence if: (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement. Penalty: 300 penalty units. (2) Strict liability applies to paragraph (1)(a). > Note: For strict liability, see section 6.1 of the Criminal Code. (3) In this section: > engage in conduct means: (a) do an act; or (b) omit to perform an act. #### 46 False information or returns A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular. Penalty: 500 penalty units. Chapter 3A—The 2003 Protocol ## Part 3A.1—Outline of Chapter #### 46A Simplified outline (1) The following is a simplified outline of this Chapter: (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4); (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5); (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5). (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund. Diagram showing flow of money  ## Part 3A.2—Interpretation #### 46B Interpretation Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol. ## Part 3A.3—Legal recognition of the Supplementary Fund #### 46C Supplementary Fund is a legal person For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued. #### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund. ## Part 3A.4—Compensation #### 46E Certain provisions of the 2003 Protocol to have the force of law The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth: (a) Article 1; (b) Article 3; (c) Article 4; (d) Article 5, except to the extent that it imposes an obligation on the Assembly; (e) Article 6; (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol; (g) paragraphs 2 and 3 of Article 7; (h) Article 9; (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly. #### 46F Claims for compensation (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol. (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory. (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action. (4) The transfer may be made at any stage of the proceedings. (5) The court may transfer proceedings on application or on its own initiative. (6) If proceedings are transferred from a court: (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and (b) the court to which the proceedings are transferred must proceed as if: (i) the proceedings had originally been instituted in that court; and (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred. #### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981. #### 46H Regulations to give effect to Article 8 of the 2003 Protocol (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including: (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section. (2) Subsection (1) does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of that subsection. ## Part 3A.5—Contributions to the Supplementary Fund ### Division 1—Liability to make contributions #### 46J Liability to contribute to the Supplementary Fund (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth. (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act. (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if: (a) both the first person and the second person are bodies corporate; and (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001. (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth. #### 46K Amount of contributions Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. #### 46L When contributions are due and payable Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol. ### Division 2—Recovery of contributions etc. #### 46M Late payment penalty (1) If: (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention; the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time. (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth. #### 46N Supplementary Fund to be paid amounts equal to amounts of contributions (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth. (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount. (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund. (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2). #### 46P Recovery of contributions and late payment penalty (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth: (a) contributions that are required to be paid because of this Part and that are due and payable; (b) late payment penalty that is due and payable. (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party. (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1). #### 46Q Regulations relating to recovery of contributions etc. (1) The regulations may make provision for and in relation to the following: (a) the methods by which contributions required to be paid because of this Part may be paid; (b) the methods by which late payment penalty may be paid; (c) refunds of, or of overpayments of, contributions. (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems. ### Division 3—Record‑keeping and returns etc. #### 46R Authority to inform Supplementary Fund (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. (2) For the purposes of the following provisions of the 2003 Protocol: (a) Article 13; and (b) paragraph 1 of Article 15; and (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited; as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority. (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate. #### 46S Record‑keeping and returns etc. (1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and (c) to: (i) produce documents to the Authority; or (ii) make copies of documents and give the copies to the Authority; where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part. (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration. (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii). (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However: (a) giving the information or return or producing the document or copy; or (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy; is not admissible in evidence against the person in: (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or (d) proceedings for recovery of an amount of late payment penalty. #### 46T Failure to give information or returns (1) A person commits an offence if: (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement. Penalty: 300 penalty units. (2) Strict liability applies to paragraph (1)(a). > Note: For strict liability, see section 6.1 of the Criminal Code. (3) In this section: > engage in conduct means: (a) do an act; or (b) omit to perform an act. #### 46U False information or returns A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular. Penalty: 500 penalty units. Chapter 4—Miscellaneous #### 46V Treatment of partnerships (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section. (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners. (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner. (4) A partner does not commit an offence because of subsection (3) if the partner: (a) does not know of the circumstances that constitute the contravention of the provision concerned; or (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances. > Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code. #### 46W Treatment of unincorporated associations (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section. (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members. (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management. (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member: (a) does not know of the circumstances that constitute the contravention of the provision concerned; or (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances. > Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code. #### 47 Regulations (1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.