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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Limitation of Liability for Maritime
Claims Amendment Bill 2015
No. , 2015
(Infrastructure and Regional Development)
A Bill for an Act to amend the Limitation of
Liability for Maritime Claims Act 1989, and for
related purposes
No. , 2015
Limitation of Liability for Maritime Claims Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Limitation of Liability for Maritime Claims Act 1989
3
No. , 2015
Limitation of Liability for Maritime Claims Amendment Bill 2015
1
A Bill for an Act to amend the Limitation of
1
Liability for Maritime Claims Act 1989, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Limitation of Liability for Maritime
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Claims Amendment Act 2015.
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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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2
Limitation of Liability for Maritime Claims Amendment Bill 2015
No. , 2015
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
Provisions
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. Schedule 1
The later of:
(a) the day this Act receives the Royal
Assent; and
(b) 8 June 2015.
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.
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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
13
according to its terms.
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Amendments Schedule 1
No. , 2015
Limitation of Liability for Maritime Claims Amendment Bill 2015
3
Schedule 1
--Amendments
1
2
Limitation of Liability for Maritime Claims Act 1989
3
1 Subsection 3(1) (definition of Convention)
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Repeal the definition, substitute:
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Convention means the Convention on Limitation of Liability for
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Maritime Claims, 1976, done at London on 19 November 1976, as
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amended by the 1996 Protocol.
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Note:
A copy of the English text of the Convention is set out in Schedule 1.
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2 Subsection 3(1)
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Insert:
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the 1996 Protocol means the Protocol of 1996 to amend the
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Convention on Limitation of Liability for Maritime Claims, 1976,
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done at London on 2 May 1996, as amended by resolution
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LEG.5(99) adopted by the Legal Committee of the International
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Maritime Organization at London on 19 April 2012.
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Note 1:
A copy of the English text of the Protocol of 1996 is set out in
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Schedule 1A.
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Note 2:
A copy of the English text of resolution LEG.5(99) is set out in
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Schedule 2.
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3 At the end of the Act
21
Add:
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Schedule 2--Resolution LEG.5(99)
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Note:
See subsection 3(1)
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25
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RESOLUTION LEG.5(99)
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(Adopted on 19 April 2012)
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30
ADOPTION OF AMENDMENTS OF THE LIMITATION AMOUNTS IN
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THE PROTOCOL OF 1996 TO THE CONVENTION ON LIMITATION
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Schedule 1 Amendments
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Limitation of Liability for Maritime Claims Amendment Bill 2015
No. , 2015
OF LIABILITY FOR MARITIME CLAIMS, 1976
1
2
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THE LEGAL COMMITTEE at its ninety-ninth session,
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5
RECALLING Article 33(b) of the Convention on the International Maritime
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Organization (hereinafter referred to as the "IMO Convention") concerning the
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functions of the Committee,
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MINDFUL of Article 36 of the IMO Convention concerning rules governing
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the procedures to be followed when exercising the functions conferred on it by
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or under any international convention or instrument,
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13
TAKING INTO CONSIDERATION article 8 of the Protocol of 1996 to amend
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the Convention on Limitation of Liability for Maritime Claims, 1976
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(hereinafter referred to as the "1996 LLMC Protocol") concerning the
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procedures for amending the limitation amounts set out in article 3 of the 1996
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LLMC Protocol,
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19
HAVING CONSIDERED amendments to the limitation amounts proposed and
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circulated in accordance with the provisions of article 8(1) and (2) of the 1996
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LLMC Protocol,
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1.
ADOPTS, in accordance with article 8(4) of the 1996 LLMC Protocol,
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amendments to the limitation amounts set out in article 3 of the 1996 LLMC
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Protocol, as set out in the annex to this resolution;
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27
2.
DETERMINES, in accordance with article 8(7) of the 1996 LLMC
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Protocol, that these amendments shall be deemed to have been accepted at the
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end of a period of 18 months after the date of notification unless, prior to that
30
date, not less than one-fourth of the States that were Contracting States on the
31
date of the adoption of these amendments have communicated to the
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Secretary-General that they do not accept these amendments;
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34
3.
FURTHER DETERMINES that, in accordance with article 8(8) of the
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1996 LLMC Protocol, these amendments deemed to have been accepted in
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accordance with paragraph 2 above shall enter into force 18 months after their
37
acceptance;
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39
Amendments Schedule 1
No. , 2015
Limitation of Liability for Maritime Claims Amendment Bill 2015
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4.
REQUESTS the Secretary-General, in accordance with article
1
14(2)(a)(v) of the 1996 LLMC Protocol, to transmit certified copies of the
2
present resolution and the amendments contained in the annex thereto to all
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States which have signed or acceded to the 1996 LLMC Protocol;
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5
5.
FURTHER REQUESTS the Secretary-General to transmit copies of the
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present resolution and its annex to the Members of the Organization which have
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not signed or acceded to the 1996 LLMC Protocol.
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ANNEX
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AMENDMENTS OF THE LIMITS OF LIABILITY IN THE PROTOCOL
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OF 1996 TO AMEND THE CONVENTION ON LIMITATION OF
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LIABILITY FOR MARITIME CLAIMS, 1976
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Article 3 of the 1996 LLMC Protocol is amended as follows:
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in respect of claims for loss of life or personal injury,
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the reference to:
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22
-
"2 million Units of Account" shall read "3.02 million Units of
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Account";
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-
"800 Units of Account" shall read "1,208 Units of Account";
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-
"600 Units of Account" shall read "906 Units of Account";
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-
"400 Units of Account" shall read "604 Units of Account";
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31
in respect of any other claims,
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33
the reference to:
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35
-
"1 million Units of Account" shall read "1.51 million Units of
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Account";
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38
-
"400 Units of Account" shall read "604 Units of Account";
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Schedule 1 Amendments
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Limitation of Liability for Maritime Claims Amendment Bill 2015
No. , 2015
-
"300 Units of Account" shall read "453 Units of Account";
1
2
-
"200 Units of Account" shall read "302 Units of Account".
3