Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person to whom an enforceable direction applies may apply to the Federal Court to have the direction set aside, as long as the application is made within 28 days after any of the following:
(a) the day on which the person is given a copy of the direction;
(b) the day on which the Minister affirms or varies the direction under section 61ADE;
(c) the day on which the Minister varies the direction under subsection 61ADA(5).
(2) On application under subsection (1), the Federal Court must set aside the enforceable direction if the Court is satisfied that:
(a) the person did not engage in, or was not likely to engage in, the conduct referred to in subsection 61ADA(1); or
(b) the conduct did not or would not constitute the offence specified in the direction; or
(c) the conduct did not or would not contravene the civil penalty provision specified in the direction; or
(d) the conduct did not or would not contravene the duty in section 37AA; or
(e) taking or not taking the action specified in the direction is not a reasonable measure for the purposes of:
(i) ensuring the person's future compliance with this Act; or
(ii) preventing, repairing or mitigating harm to the environment in the Marine Park that has been, might be or will be caused by the person's conduct.
(3) In considering whether taking or not taking an action is a reasonable measure for the purposes referred to in paragraph (2)(e), the Federal Court must have regard to the following:
(a) the nature and extent of the conduct referred to in subsection 61ADA(1);
(b) the nature and extent of the harm to the environment that has been, might be or will be caused by the conduct;
(c) the circumstances in which the person engaged in the conduct;
(d) whether the person has previously been found by a court in proceedings under this Act or under any other law of the Commonwealth or a State or Territory to have engaged in any similar conduct;
(e) the cost to the person of taking or not taking the action;
(f) any benefit (whether or not financial) that the person has obtained or might obtain as a result of engaging in the conduct.
The Federal Court may also have regard to any other matters it considers relevant.
(4) The Federal Court must not set aside the enforceable direction unless it is satisfied as mentioned in subsection (2).