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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence Amendment (Sovereign Naval
Shipbuilding) Bill 2018
No. , 2018
(Senator Patrick)
A Bill for an Act to amend the Defence Act 1903,
and for related purposes
No. , 2018
Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Defence Act 1903
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No. , 2018
Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018
1
A Bill for an Act to amend the Defence Act 1903,
1
and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act is the Defence Amendment (Sovereign Naval
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Shipbuilding) Act 2018.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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12
2
Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2018
Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018
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Schedule 1--Amendments
1
2
Defence Act 1903
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1 After Part IXD
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Insert:
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Part IXE--Sovereign naval shipbuilding
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117AJ Sovereign naval shipbuilding
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(1) The Commonwealth must not enter into an agreement with an
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entity for the building of a vessel that exceeds 30 metres in length
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and is intended for use by the Navy unless:
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(a) the agreement provides that the vessel must be built in
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Australia by a body corporate (the Australian shipbuilder)
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that:
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(i) is incorporated in Australia; and
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(ii) is not controlled by one or more foreign persons (within
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the meaning of subsection 54(4) of the Foreign
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Acquisitions and Takeovers Act 1975); and
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(iii) is not a subsidiary of a foreign entity (within the
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meaning of that Act); and
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(b) the agreement provides for the provision, grant or conferral
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by the entity, or the Australian shipbuilder, to the
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Commonwealth of intellectual property rights relating to the
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vessel for the purposes of maintaining, repairing or
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modifying the vessel; and
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(c) the person who enters into the agreement on behalf of the
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Commonwealth is satisfied that the Australian shipbuilder
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has demonstrated its:
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(i) capability to deliver an ongoing ship building or
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upgrading program; and
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(ii) capability to build or deliver major upgrades to vessels
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intended for use by the Navy; and
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(iii) international competitiveness; and
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(iv) compliance with relevant industry standards; and
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Schedule 1 Amendments
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Defence Amendment (Sovereign Naval Shipbuilding) Bill 2018
No. , 2018
(v) financial viability.
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(2) This section has effect despite any other law of the
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Commonwealth. However, this section has no effect in time of war
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or during a time of defence emergency.
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2 Application
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Section 117AJ of the Defence Act 1903, as inserted by this Schedule,
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applies in relation to an agreement entered into on and after 9 May
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2018.
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