Document ID: chunk:federal_register_of_legislation:C2014A00033:clause:1_83a
Version: federal_register_of_legislation:C2014A00033
Segment Type: clause
Provision Reference: sch 1 cl 83A
Character Range: 43704–45057

83A  Attorney‑General's consent required for certain enforcement proceedings
 (1) An application for an injunction under section 564 must not be made without the written consent of the Attorney‑General if:
 (a) the injunction is in relation to a contravention by a carrier of the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to this Division; and
 (b) the carrier is a foreign national; and
 (c) the contravention occurred, is occurring, or is to occur, outside Australia; and
 (d) the contravention did not involve an Australian ship.
 (2) A proceeding for the recovery of a pecuniary penalty under section 571 must not be instituted without the written consent of the Attorney‑General if:
 (a) the proceeding is in respect of a contravention by a carrier of the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to this Division; and
 (b) the carrier is a foreign national; and
 (c) the contravention occurred outside Australia; and
 (d) the contravention did not involve an Australian ship.
 (3) In deciding whether to consent under subclause (1) or (2), the Attorney‑General must have regard to the obligations of Australia under international law, including obligations under any agreement between:
 (a) Australia; and
 (b) another country or countries.