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This is a Bill, not an Act. For current law, see the Acts databases.
COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Coastal Trading (Revitalising Australian
Shipping) (Consequential Amendments
and Transitional Provisions) Bill 2012
No. , 2012
(Infrastructure and Transport)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Coastal Trading (Revitalising Australian
Shipping) Act 2012, and for related purposes
i Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Consequential amendments
3
Australian Maritime Safety Authority Act 1990
3
Navigation Act 1912
3
Occupational Health and Safety (Maritime Industry) Act 1993
3
Seafarers Rehabilitation and Compensation Act 1992
5
Schedule 2--Transitional provisions
7
Part 1--Preliminary
7
Part 2--Continuation of existing permits, licences and
declarations etc.
8
Division 1--Continuation of existing permits, licences and
declarations
8
Division 2--Applications for permits, licences and declarations
10
Division 3--Cancellation of permits and licences
12
Part 3--Transitional general licences
13
Part 4--Review of decisions
16
Part 5--Miscellaneous
17
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Coastal Trading (Revitalising Australian
3
Shipping) Act 2012, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Coastal Trading (Revitalising
7
Australian Shipping) (Consequential Amendments and Transitional
8
Provisions) Act 2012.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
Immediately after the commencement of
section 2 of the Coastal Trading
(Revitalising Australian Shipping) Act 2012.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Consequential amendments Schedule 1
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 3
Schedule 1--Consequential amendments
1
2
Australian Maritime Safety Authority Act 1990
3
1 At the end of subsection 11(2)
4
Add:
5
; (e) the administration or enforcement of a law of the
6
Commonwealth that relates to coastal trading.
7
Navigation Act 1912
8
2 Section 7
9
Repeal the section.
10
3 Paragraph 10(b)
11
Repeal the paragraph, substitute:
12
(b) a ship that is used to engage in coastal trading (within the
13
meaning of the Coastal Trading (Revitalising Australian
14
Shipping) Act 2012) under a general licence (within the
15
meaning of that Act); or
16
4 Paragraph 10(c)
17
Omit "registered in Australia or engaged in the coasting trade",
18
substitute "to which paragraph (a) or (b) applies".
19
5 Part VI
20
Repeal the Part.
21
6 Section 377JA
22
Repeal the section.
23
Occupational Health and Safety (Maritime Industry) Act
24
1993
25
7 Section 4
26
Insert:
27
Schedule 1 Consequential amendments
4 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
Australian General Shipping Register has the same meaning as in
1
the Shipping Registration Act 1981.
2
8 Section 4
3
Insert:
4
Australian International Shipping Register has the same meaning
5
as in the Shipping Registration Act 1981.
6
9 Section 4
7
Insert:
8
coastal trading has the same meaning as in the Coastal Trading
9
(Revitalising Australian Shipping) Act 2012.
10
10 Section 4
11
Insert:
12
emergency licence has the same meaning as in the Coastal Trading
13
(Revitalising Australian Shipping) Act 2012.
14
11 Section 4
15
Insert:
16
general licence has the same meaning as in the Coastal Trading
17
(Revitalising Australian Shipping) Act 2012.
18
12 Section 4
19
Insert:
20
temporary licence has the same meaning as in the Coastal Trading
21
(Revitalising Australian Shipping) Act 2012.
22
13 After subsection 6(3)
23
Insert:
24
(3A) This Act also applies to:
25
(a) a vessel that is used to engage in coastal trading under a
26
general licence; and
27
Consequential amendments Schedule 1
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 5
(b) a vessel that is used to engage in coastal trading under a
1
temporary licence if the vessel is registered in the Australian
2
International Shipping Register; and
3
(c) a vessel that is used to engage in coastal trading under an
4
emergency licence if the vessel is registered in the Australian
5
General Shipping Register or the Australian International
6
Shipping Register.
7
14 Subsection 6(4)
8
After "subsection (3)" (wherever occurring), insert "or (3A)".
9
Seafarers Rehabilitation and Compensation Act 1992
10
15 Section 3
11
Insert:
12
Australian General Shipping Register has the same meaning as in
13
the Shipping Registration Act 1981.
14
16 Section 3
15
Insert:
16
Australian International Shipping Register has the same meaning
17
as in the Shipping Registration Act 1981.
18
17 Section 3
19
Insert:
20
coastal trading has the same meaning as in the Coastal Trading
21
(Revitalising Australian Shipping) Act 2012.
22
18 Section 3
23
Insert:
24
emergency licence has the same meaning as in the Coastal Trading
25
(Revitalising Australian Shipping) Act 2012.
26
19 Section 3
27
Insert:
28
Schedule 1 Consequential amendments
6 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
general licence has the same meaning as in the Coastal Trading
1
(Revitalising Australian Shipping) Act 2012.
2
20 After subsection 19(1)
3
Insert:
4
(1AA) Despite subsection (1), this Act does not apply to the employment
5
of employees on a prescribed ship that is used to engage in coastal
6
trading if the ship is registered in the Australian International
7
Shipping Register.
8
(1AB) This Act also applies to the employment of employees on:
9
(a) a vessel that is used to engage in coastal trading under a
10
general licence; or
11
(b) a vessel that is used to engage in coastal trading under an
12
emergency licence if the vessel is registered in the Australian
13
General Shipping Register.
14
21 Subsection 19(1A)
15
Omit "In addition, this Act applies", substitute "This Act also applies".
16
17
Transitional provisions Schedule 2
Preliminary Part 1
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 7
Schedule 2--Transitional provisions
1
Part 1--Preliminary
2
1 Interpretation
3
(1)
In this Schedule:
4
Authority means the Australian Maritime Safety Authority established
5
by the Australian Maritime Safety Authority Act 1990.
6
coasting trade regulations means the Navigation (Coasting Trade)
7
Regulations 2007, as in force immediately before commencement.
8
commencement means the day this item commences.
9
new law means the Coastal Trading (Revitalising Australian Shipping)
10
Act 2012.
11
old law means Part VI of the Navigation Act 1912, as in force
12
immediately before commencement.
13
permit holder has the same meaning as in the old law.
14
(2)
An expression used in this Schedule that is also used in the new law has
15
the same meaning in this Schedule as it has in the new law.
16
17
Schedule 2 Transitional provisions
Part 2 Continuation of existing permits, licences and declarations etc.
8 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
Part 2--Continuation of existing permits, licences
1
and declarations etc.
2
Division 1--Continuation of existing permits, licences
3
and declarations
4
2 Permits to continue in force
5
(1)
If, immediately before commencement, a permit issued under
6
section 286 of the old law in respect of an unlicensed ship was in force,
7
the permit remains in force for the period:
8
(a) beginning on commencement; and
9
(b)
ending
on:
10
(i) the day that is 4 months after the new law commences;
11
or
12
(ii) the day the permit would have expired under the old law
13
but for its repeal by Schedule 1 to this Act; or
14
(iii) if the Minister decides to cancel the permit--the day the
15
permit is cancelled under the old law despite its repeal
16
by Schedule 1 to this Act;
17
whichever
occurs
first.
18
(2)
To avoid doubt:
19
(a) section 7 of the Navigation Act 1912 and the old law continue
20
to apply in respect of a permit continued in force by
21
subitem (1), despite their repeal by Schedule 1 to this Act;
22
and
23
(b) section 10 of the Navigation Act 1912 continues to apply in
24
respect of a permit continued in force by subitem (1), despite
25
its amendment by Schedule 1 to this Act.
26
3 Licences to continue in force
27
(1)
If, immediately before commencement, a licence granted under the
28
coasting trade regulations was in force, the licence remains in force for
29
the period:
30
(a) beginning on commencement; and
31
(b)
ending
on:
32
(i) the day that is 4 months after the new law commences;
33
or
34
Transitional provisions Schedule 2
Continuation of existing permits, licences and declarations etc. Part 2
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 9
(ii) if the Minister decides to cancel the licence--the day
1
the permit is cancelled under the old law despite its
2
repeal by Schedule 1 to this Act;
3
whichever
occurs
first.
4
(2)
To avoid doubt:
5
(a) section 7 of the Navigation Act 1912 and the old law continue
6
to apply in respect of a licence continued in force by
7
subitem (1), despite their repeal by Schedule 1 to this Act;
8
and
9
(b) section 10 of the Navigation Act 1912 continues to apply in
10
respect of a licence continued in force by subitem (1), despite
11
its amendment by Schedule 1 to this Act; and
12
(c) the coasting trade regulations continue to apply in respect of
13
a licence continued in force by subitem (1), despite the repeal
14
of the old law by Schedule 1 to this Act.
15
(3)
Despite subitem (2), sections 31, 32 and 77 of the new law apply in
16
relation to a licence continued in force by subitem (1) as if it were a
17
general licence.
18
4 Declarations to continue in force
19
(1)
If, immediately before commencement, a declaration made under
20
subsection 8AA(2) of the Navigation Act 1912 in respect of a trading
21
ship was in force, then, to the extent that the declaration relates to the
22
ship engaging in the coasting trade, it remains in force for the period:
23
(a) beginning on commencement; and
24
(b) ending on the day that is 4 months after the new law
25
commences.
26
(2)
To avoid doubt:
27
(a) section 7 of the Navigation Act 1912 and the old law continue
28
to apply in respect of a declaration continued in force by
29
subitem (1), despite their repeal by Schedule 1 to this Act;
30
and
31
(b) section 8AA of the Navigation Act 1912 continues to apply in
32
respect of a declaration continued in force by subitem (1);
33
and
34
Schedule 2 Transitional provisions
Part 2 Continuation of existing permits, licences and declarations etc.
10 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
(c) section 10 of the Navigation Act 1912 continues to apply in
1
respect of a declaration continued in force by subitem (1),
2
despite its amendment by Schedule 1 to this Act.
3
Division 2--Applications for permits, licences and
4
declarations
5
5 Pending applications--permits
6
If:
7
(a) a person has made one or more of the following applications:
8
(i) an application for a permit under section 286 of the old
9
law;
10
(ii) after an application has been made for a permit under
11
section 286 of the old law but before the grant of the
12
permit--an application for an amendment to his or her
13
application for the permit;
14
(iii) an application for an amendment of a permit granted
15
under section 286 of the old law; and
16
(b) the Minister has not decided the application before
17
commencement;
18
then:
19
(c) the Minister must decide the application in accordance with
20
section 286 of the old law within 10 business days after
21
commencement; and
22
(d) if the Minister decides to grant the application--the Minister
23
must:
24
(i) grant the person a permit under section 286 of the old
25
law, despite its repeal by Schedule 1 to this Act, for a
26
period of 3 months or less; and
27
(ii) cause the person to be given the permit; and
28
(iii) if the permit is to be subject to conditions--notify the
29
person, in writing, of the conditions to which the permit
30
is subject; and
31
(e) if the Minister decides to reject the application--the Minister
32
must notify the person, in writing, of the decision and the
33
reasons for the decision.
34
6 Pending applications--licences
35
If:
36
Transitional provisions Schedule 2
Continuation of existing permits, licences and declarations etc. Part 2
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 11
(a) a person has applied to the Minister for a licence, or renewal
1
of a licence, under the coasting trade regulations; and
2
(b) the Minister has not decided the application before
3
commencement;
4
then:
5
(c) the Minister must decide the application in accordance with
6
the coasting trade regulations within 10 business days after
7
commencement; and
8
(d) if the Minister decides to grant the application--the Minister
9
must:
10
(i) grant the person a licence, or a renewal of a licence,
11
under the coasting trade regulations for a period of 3
12
months or less; and
13
(ii) cause the person to be given a licence; and
14
(iii) if the licence is to be subject to conditions--notify the
15
person, in writing, of the conditions to which the licence
16
is subject; and
17
(e) if the Minister decides to reject the application--the Minister
18
must notify the person, in writing, of the decision and the
19
reasons for the decision.
20
7 Pending applications for declarations
21
If:
22
(a) a person has applied to the Authority for a declaration under
23
subsection 8AA(2) of the Navigation Act 1912 in relation to a
24
ship that is, or will be, engaging in the coasting trade; and
25
(b) the Authority has not decided the application before
26
commencement;
27
then, to the extent that the application relates to the coasting trade:
28
(c) the Minister must decide the application in accordance with
29
section 12 of the new law within 10 business days after
30
commencement; and
31
(d) if the Minister decides to grant the application--the Minister
32
must make a declaration under section 12 of the new law; and
33
(e) if the Minister decides to reject the application--the Minister
34
must notify the person of the decision and the reasons for the
35
decision.
36
Schedule 2 Transitional provisions
Part 2 Continuation of existing permits, licences and declarations etc.
12 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
Division 3--Cancellation of permits and licences
1
8 Pending cancellation of permit--show cause notice given
2
(1) If:
3
(a) before commencement, the Minister had given a permit
4
holder a notice inviting the holder to show cause why the
5
permit should not be cancelled; and
6
(b)
at
commencement:
7
(i) the permit holder had not shown cause why the permit
8
should not be cancelled; and
9
(ii) the 7 day period for responding to the notice had not
10
expired;
11
then, the permit holder may respond to the notice within the 7 day
12
period in accordance with the old law, despite its repeal by Schedule 1
13
to this Act.
14
(2)
At the end of the 7 day period mentioned in subitem (1), the Minister
15
must decide, in accordance with the old law, whether the continuing
16
permit is to remain in force.
17
9 Pending cancellation of licence--show cause notice given
18
(1) If:
19
(a) before commencement, the Minister had given a licence
20
holder a notice inviting the holder to show cause why the
21
licence should not be cancelled; and
22
(b)
at
commencement:
23
(i) the licence holder had not shown cause why the licence
24
should not be cancelled; and
25
(ii) the period for responding to the notice had not expired;
26
then, the licence holder may respond to the notice within the period
27
stated in the notice in accordance with the old law, despite its repeal by
28
Schedule 1 to this Act.
29
(2)
At the end of the period stated in the notice, the Minister must decide, in
30
accordance with the old law, whether the licence is to remain in force.
31
32
Transitional provisions Schedule 2
Transitional general licences Part 3
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 13
Part 3--Transitional general licences
1
10 Applications for transitional general licences
2
(1)
A person may apply to the Minister for a transitional general licence
3
authorising a vessel to be used to engage in coastal trading if:
4
(a) a licence granted under the coasting trade regulations in
5
respect of the vessel is continued in force by item 3; and
6
(b) the vessel is registered under the law of a foreign country;
7
and
8
(c) the person is the owner, charterer, master or agent of the
9
vessel.
10
(2)
The application must be in writing and be accompanied by the
11
following:
12
(a) evidence that the vessel is registered under the law of a
13
foreign country;
14
(b) a statement that each seafarer working on the vessel, when
15
the vessel is used to engage in coastal trading:
16
(i) is or will be an Australian citizen; or
17
(ii) is or will hold a permanent visa; or
18
(iii) is or will hold a temporary visa that does not prohibit
19
the seafarer from performing the work he or she
20
performs on the vessel;
21
(c) such information as is prescribed by the regulations;
22
(d) the application fee prescribed by the regulations.
23
(3)
The application must relate to one vessel only.
24
11 Process for deciding applications
25
Division 1 of Part 4 of the new law (other than section 13) applies in
26
relation to an application under item 10:
27
(a) as if a reference to a general licence were a reference to a
28
transitional general licence; and
29
(b) subject to the modifications set out in item 12.
30
12 Criteria for deciding applications
31
(1)
In deciding an application made under item 10, section 15 of the new
32
law applies as if subsection 15(2) were not there.
33
Schedule 2 Transitional provisions
Part 3 Transitional general licences
14 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
(2)
Instead, in deciding such an application, the Minister may have regard
1
to the following:
2
(a) whether the owner of the vessel intends to register it under
3
the Shipping Registration Act 1981 but is unable to do so
4
immediately because of commercial obligations or
5
requirements under a foreign law;
6
(b) whether the applicant held a licence or permit under the old
7
law that was cancelled;
8
(c) any other matters the Minister thinks relevant.
9
13 Conditions imposed on all transitional general licences
10
(1)
Section 21 of the new law applies to a transitional general licence as if
11
paragraph (a) were not there.
12
(2)
Instead, it is a condition that the vessel to which the transitional general
13
licence relates must continue to be registered under the law of the
14
relevant foreign country.
15
14 Renewal of transitional general licence
16
(1)
The Minister may renew a transitional general licence if the holder of
17
the licence makes an application for renewal before the licence expires.
18
(2)
If an application for renewal of a transitional general licence is made,
19
the licence is taken to continue to be in force until the application is
20
decided.
21
(3)
A transitional general licence may only be renewed once.
22
15 Applications for renewal of transitional general licences
23
(1)
Despite section 13 of the new law, an application for the renewal of a
24
transitional general licence authorising a vessel to be used to engage in
25
coastal trading must be in writing and be accompanied by the following:
26
(a) evidence that the vessel is registered under the law of a
27
foreign country;
28
(b) a statement that each seafarer working on the vessel, when
29
the vessel is used to engage in coastal trading:
30
(i) is or will be an Australian citizen; or
31
(ii) is or will hold a permanent visa; or
32
Transitional provisions Schedule 2
Transitional general licences Part 3
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 15
(iii) is or will hold a temporary visa that does not prohibit
1
the seafarer from performing the work he or she
2
performs on the vessel;
3
(c) a statement explaining what is preventing the vessel being
4
registered under the Shipping Registration Act 1981, with
5
reference to the following matters:
6
(i) financial, business or legal constraints;
7
(ii) what action is being, or will be, taken to register the
8
vessel under the Shipping Registration Act 1981;
9
(d) such information as is prescribed by the regulations;
10
(e) the application fee prescribed by the regulations.
11
(2)
The application must relate to one vessel only.
12
16 Application of the new law and other laws of the
13
Commonwealth
14
Subject to items 13, 14 and 15:
15
(a) the new law (other than Division 3 of Part 4); and
16
(b) any other law of the Commonwealth;
17
apply in relation to a transitional general licence as if it were a general
18
licence.
19
20
Schedule 2 Transitional provisions
Part 4 Review of decisions
16 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 No. , 2012
Part 4--Review of decisions
1
17 Rights of review
2
Despite the repeal of section 377JA of the Navigation Act 1912 by
3
Schedule 1 to this Act, applications may be made to the Administrative
4
Appeals Tribunal under that section for review of:
5
(a) a decision by the Minister made before commencement to
6
cancel a continuing permit granted under section 286 of the
7
old law if, at commencement, the period for making an
8
application for review has not ended; or
9
(b) a decision made by the Minister, in accordance with the old
10
law, to cancel a continuing permit granted under section 286
11
of the old law.
12
13
Transitional provisions Schedule 2
Miscellaneous Part 5
Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional
Provisions) Bill 2012 No. , 2012 17
Part 5--Miscellaneous
1
18 Saving of orders
2
Despite the repeal of section 7 of the Navigation Act 1912, an order
3
made under that section and in force immediately before
4
commencement continues in force on and after commencement as if it
5
were an exemption under subsection 11(1) of the new law.
6
19 Saving of permissions
7
Despite the repeal of the old law by Schedule 1 to this Act, a permission
8
granted under subsection 286(6) of the old law and in force immediately
9
before commencement, continues in force on and after commencement
10
for the remainder of the period set out in the notice mentioned in
11
subsection 286(6) of the old law as if:
12
(a) the permission were a direction made under subsection 11(1)
13
of the new law; and
14
(b) any conditions to which the permission was subject were
15
conditions specified in the direction.
16
20 Saving of exemptions
17
An exemption made under subsection 421(1) of the Navigation Act
18
1912 relating to the coasting trade and in force immediately before
19
commencement continues in force on and after commencement as if it
20
were an exemption in force under subsection 11(1) of the new law.
21
21 Transitional regulations
22
(1)
The Governor-General may make regulations prescribing matters:
23
(a) required or permitted by this Schedule to be prescribed; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Schedule.
26
(2)
In particular, regulations may be made prescribing matters of a
27
transitional nature (including any saving or application provisions)
28
relating to the amendments or repeals made by Schedule 1 to this Act.
29
(3)
Subitem (2) does not limit subitem (1).
30