Part 27Making of marine protection rules and regulations and taking of other
measures to protect marine environment
Regulations
394Regulations
Without limiting any other provision of this Act, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
- prescribing purposes for which expenditure budgets are not
required under
section 332:
- requiring insurance and other financial guarantees, and
certification relating to the same, in respect of offshore
installations and classes of offshore installations:
- requiring insurance and other financial guarantees, and
certification relating to the same in respect of ships, or
classes of ships, other than regulated oil tankers (as
defined in
section 342):
- prescribing those breaches of marine protection rules that
constitute offences against this Act:
- prescribing those breaches of marine protection rules that
constitute infringement offences against this Act:
- prescribing the penalty for each offence prescribed under
paragraph (d) which,—
- in the case of an individual, shall be a fine not
exceeding $10,000; or
- in the case of any other person, shall be a fine not
exceeding $50,000:
- in the case of an individual, shall be a fine not
exceeding $10,000; or
- prescribing the infringement fee for each offence
prescribed under paragraph (e) which,—
- in the case of an individual, shall be a fine not
exceeding $2,000; or
- in the case of any other person, shall be a fine not
exceeding $12,000:
- in the case of an individual, shall be a fine not
exceeding $2,000; or
- prescribing offences for breaches of any regulations made
under this section and, except where some other penalty is
prescribed by this Act, prescribing the penalty for each
such offence which,—
- in the case of an individual, shall be a fine not
exceeding $10,000; or
- in the case of any other person, shall be a fine not
exceeding $50,000:
- in the case of an individual, shall be a fine not
exceeding $10,000; or
- such other matters as are contemplated by or necessary for
giving full effect to the provisions of
Parts 18 to 27
and for their due administration.
Regulations made under subsection (1) may, in addition to any other penalty imposed under this section, where the offence is a continuing one, impose further fines not exceeding $1,000 for each day or part of a day on which the offence is continued.
Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, offshore installations, pipelines, marine protection products, or other property or with respect to the same class of person, ship, offshore installation, pipeline, marine protection product, or other property in different circumstances.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 394(1)(f)(i): amended, on , by section 39(1) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
- Section 394(1)(f)(ii): amended, on , by section 39(2) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
- Section 394(1)(h)(i): amended, on , by section 39(3) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
- Section 394(1)(h)(ii): amended, on , by section 39(4) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
- Section 394(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


