Document ID: chunk:federal_register_of_legislation:C2024C00538:section:10:p1
Version: federal_register_of_legislation:C2024C00538
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 18583–21326

10  Operation of Act in relation to Commonwealth or a Commonwealth authority

Act to bind Commonwealth
 (1) This Act binds the Crown in right of the Commonwealth.

State officer may report contraventions
 (2) If the responsible officer of a State:
 (a) considers that the Commonwealth, a Commonwealth authority, or an officer or employee of the Commonwealth or of such an authority, may have contravened an applied provision of an applied State law of the State, or an applied provision of a law of the State; and
 (b) has told the Secretary of the relevant Department or the chief executive officer of the authority, as the case requires, of the circumstances; and
 (c) has formed the opinion that the Department or authority has not taken appropriate action to deal with the matter and has told the Secretary of the Department or the chief executive officer of the authority that the officer has formed that opinion;
the officer may report the circumstances in writing to the Environment Secretary.

Territory officer may report contraventions
 (3) If the responsible officer of a Territory:
 (a) considers that the Commonwealth, a Commonwealth authority, or an officer or employee of the Commonwealth or of such an authority, may have contravened an applied provision of a law of the Territory; and
 (b) has told the Secretary of the relevant Department or the chief executive officer of the authority, as the case requires, of the circumstances; and
 (c) has formed the opinion that the Department or authority has not taken appropriate action to deal with the matter and has told the Secretary of the Department or the chief executive officer of the authority that the officer has formed that opinion;
the officer may report the circumstances in writing to the Environment Secretary.

Duties of Environment Secretary
 (4) If a report is made under subsection (2) or (3), the Environment Secretary must, within 60 days:
 (a) investigate the circumstances; and
 (b) if he or she thinks it appropriate to do so:
 (i) prepare draft recommendations for action to be taken by the relevant Department or authority; and
 (ii) give written notice to the Secretary of the Department or the chief executive officer of the authority setting out the draft recommendations and asking for comments within a reasonable period stated in the notice; and
 (c) give the Environment Minister a written report that:
 (i) is accompanied by the report by the officer of the State or Territory; and
 (ii) sets out any comments of the Secretary of the relevant Department or chief executive officer of the authority made within the period stated in the notice; and
 (iii) sets out any action that the Environment Secretary, after considering the comments (if any),