107  Review by the Administrative Appeals Tribunal

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:

                     (a)  a decision under section 11 refusing to exempt a particular vessel or a particular person from this Act;

                     (b)  a decision to grant an exemption under section 11 subject to conditions;

                     (c)  a decision under section 12 refusing to make a declaration in relation to a vessel;

                     (d)  a decision by the Minister to cancel a general licence under subsection 25(3);

                     (e)  a decision by the Minister to cancel a temporary licence under subsection 59(3).

             (2)  A person who made an application for a temporary licence under section 28 may apply to the Administrative Appeals Tribunal for review of a decision by the Minister to refuse the application under section 39.

             (3)  A person who applied for a variation of a temporary licence under section 51 may apply to the Administrative Appeals Tribunal for review of a decision by the Minister to refuse the application under section 58.

             (4)  The holder of a general licence who gave the Minister a notice in response to an application for a temporary licence may apply to the Administrative Appeals Tribunal for review of:

                     (a)  a decision by the Minister to grant the application under section 35; or

                     (b)  a decision by the Minister to have taken to have granted the application under section 36.

Note:          The decision under review continues to operate during the review process, see section 41 of the Administrative Appeals Tribunal Act 1975.

             (5)  The holder of a general licence who gave the Minister a notice in response to an application for a variation of a temporary licence under section 51 may apply to the Administrative Appeals Tribunal for review of:

                     (a)  a decision by the Minister to grant the application under section 55; or

                     (b)  a decision by the Minister to have taken to have granted the application under section 56.

Note:          The decision under review continues to operate during the review process, see section 41 of the Administrative Appeals Tribunal Act 1975.

             (6)  An application for review mentioned in subsection (2) or (3) must be made within 20 business days after the day the person is notified of the decision.

             (7)  An application for review mentioned in subsection (4) or (5) must be made within 20 business days after the day of the holder of the general licence is notified of the decision.

Note:          Other applications for review must be made within the time prescribed for the purposes of paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975.

108  Appointment of authorised persons

             (1)  The Secretary may, in writing, appoint:

                     (a)  a person engaged under the Public Service Act 1999; or

                     (b)  a member of staff of the Australian Maritime Safety Authority;

to be an authorised person for the purposes of this Act.

             (2)  The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised person.

             (3)  An authorised person must, in exercising powers as an authorised person, comply with any directions of the Secretary.

             (4)  If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

109  Identity cards

             (1)  The Secretary must issue an identity card to an authorised person.

Form of identity card

             (2)  The identity card must:

                     (a)  be in the form approved by the Secretary; and

                     (b)  contain a recent photograph of the authorised person.

Offence

             (3)  A person commits an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be an authorised person; and

                     (c)  the person does not, as soon as practicable after so ceasing, return the identity card to the Secretary.

Penalty:  1 penalty unit.

             (4)  Subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Defence: card lost or destroyed

             (5)  Subsection (3) does not apply if the identity card was lost or destroyed.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) of the Criminal Code.

Authorised person must carry card

             (6)  An authorised person must carry his or her identity card at all times when exercising powers as an authorised person.

110  Disclosure of information by the Secretary

             (1)  The Secretary may disclose any information, or give any document, obtained or generated for the purposes of this Act, to:

                     (a)  the Minister; or

                     (b)  the head (however described) of:

                              (i)  an Agency within the meaning of the Financial Management and Accountability Act 1997; or

                             (ii)  a Commonwealth authority, within the meaning of the Commonwealth Authorities and Companies Act 1997;

for a purpose connected with administering this Act.

             (2)  The Secretary may disclose information under subsection (1) only if the Secretary is satisfied that the recipient of the information will not disclose the information to anyone else without the Secretary’s consent.

             (3)  The Secretary may give a document under subsection (1) only if the Secretary is satisfied that the recipient of the document will not disclose any of the contents of the document to anyone else without the Secretary’s consent.

Relationship with other laws

             (4)  Subsection (1) applies despite:

                     (a)  a law of the Commonwealth other than this section; and

                     (b)  a law of a State or a Territory.

111  Delegation

             (1)  The Minister may, by writing, delegate all or any of his or her functions and powers under this Act (other than under section 11) to an SES employee or acting SES employee in the Department.

             (2)  The Secretary may, by writing, delegate all or any of his or her functions and powers under this Act to an SES employee or acting SES employee in the Department.

112  Customs treatment of certain vessels

                   A vessel is not imported into Australia for the purposes of the Customs Act 1901 only because it is used to carry passengers or cargo under a temporary licence or an emergency licence.

113  Regulations

                   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.