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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marine Safety (Domestic Commercial
Vessel) National Law Amendment Bill
2014
No. , 2014
(Infrastructure and Regional Development)
A Bill for an Act to amend the Marine Safety
(Domestic Commercial Vessel) National Law Act
2012, and for related purposes
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--General amendments
3
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
3
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
1
A Bill for an Act to amend the Marine Safety
1
(Domestic Commercial Vessel) National Law Act
2
2012, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Marine Safety (Domestic Commercial
6
Vessel) National Law Amendment Act 2014.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
General amendments Schedule 1
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
3
Schedule 1
--General amendments
1
2
Marine Safety (Domestic Commercial Vessel) National Law
3
Act 2012
4
1 Section 6 of the Marine Safety (Domestic Commercial
5
Vessel) National Law (definition of defence vessel)
6
Repeal the definition, substitute:
7
defence vessel means:
8
(a) a warship or other vessel that:
9
(i) is operated for naval or military purposes by the
10
Australian Defence Force or the armed forces of a
11
foreign country; and
12
(ii) is under the command of a member of the Australian
13
Defence Force or of a member of the armed forces of
14
the foreign country; and
15
(iii) bears external marks of nationality; and
16
(iv) is manned by seafarers under armed forces discipline; or
17
(b) a Government vessel that is used only on government
18
non-commercial service as a naval auxiliary.
19
2 Section 6 of the Marine Safety (Domestic Commercial
20
Vessel) National Law
21
Insert:
22
Government vessel has the same meaning as in the Navigation Act
23
2012.
24
3 After paragraph 10(c) of the Marine Safety (Domestic
25
Commercial Vessel) National Law
26
Insert:
27
(ca) to survey vessels and deal with matters relating to the survey
28
of vessels by accredited surveyors;
29
Schedule 1 General amendments
4
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
No. , 2014
4 Subsection 11(3) of the Marine Safety (Domestic
1
Commercial Vessel) National Law
2
Omit all the words after "that power or function", substitute:
3
to an officer or employee (the sub-delegate) of:
4
(a) if the delegate is an officer or employee of an agency of the
5
Commonwealth--that agency; or
6
(b) if the delegate is an officer or employee of an agency of a
7
State--an agency of that State; or
8
(c) if the delegate is an officer or employee of an agency of the
9
Northern Territory--an agency of the Northern Territory.
10
5 Subsection 40(2) of the Marine Safety (Domestic
11
Commercial Vessel) National Law
12
Repeal the subsection, substitute:
13
(2) The National Regulator may vary a certificate of survey on the
14
National Regulator's initiative if the National Regulator is satisfied
15
that:
16
(a) the criteria prescribed by the regulations in relation to
17
variation on the initiative of the National Regulator are met;
18
and
19
(b) it is desirable to do so, having regard to the objects of this
20
Law.
21
6 Subsection 41(2) of the Marine Safety (Domestic
22
Commercial Vessel) National Law
23
Repeal the subsection, substitute:
24
(2) The National Regulator must suspend a certificate of survey on the
25
National Regulator's initiative if the National Regulator is satisfied
26
that the suspension is necessary for the purpose of:
27
(a) protecting human life; or
28
(b) securing the safe navigation of vessels; or
29
(c) dealing with an emergency involving a serious threat to the
30
environment.
31
(2A) The National Regulator may suspend a certificate of survey on the
32
National Regulator's initiative for a purpose prescribed by the
33
regulations.
34
General amendments Schedule 1
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
5
7 Subsection 42(2) of the Marine Safety (Domestic
1
Commercial Vessel) National Law
2
Repeal the subsection, substitute:
3
(2) The National Regulator may revoke a certificate of survey on the
4
National Regulator's initiative if the National Regulator is satisfied
5
that:
6
(a) the criteria prescribed by the regulations in relation to
7
revocation on the initiative of the National Regulator are met;
8
and
9
(b) it is desirable to do so, having regard to the objects of this
10
Law.
11
8 Subsection 50(2) of the Marine Safety (Domestic
12
Commercial Vessel) National Law
13
Repeal the subsection, substitute:
14
(2) The National Regulator may vary a certificate of operation on the
15
National Regulator's initiative if the National Regulator is satisfied
16
that:
17
(a) the criteria prescribed by the regulations in relation to
18
variation on the initiative of the National Regulator are met;
19
and
20
(b) it is desirable to do so, having regard to the objects of this
21
Law.
22
9 Subsection 51(2) of the Marine Safety (Domestic
23
Commercial Vessel) National Law
24
Repeal the subsection, substitute:
25
(2) The National Regulator must suspend a certificate of operation on
26
the National Regulator's initiative if the National Regulator is
27
satisfied that the suspension is necessary for the purpose of:
28
(a) protecting human life; or
29
(b) securing the safe navigation of vessels; or
30
(c) dealing with an emergency involving a serious threat to the
31
environment.
32
Schedule 1 General amendments
6
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
No. , 2014
(2A) The National Regulator may suspend a certificate of operation on
1
the National Regulator's initiative for a purpose prescribed by the
2
regulations.
3
10 Subsection 51(4) of the Marine Safety (Domestic
4
Commercial Vessel) National Law
5
Omit "subparagraph", substitute "subsection".
6
11 Subsection 52(2) of the Marine Safety (Domestic
7
Commercial Vessel) National Law
8
Repeal the subsection, substitute:
9
(2) The National Regulator may revoke a certificate of operation on
10
the National Regulator's initiative if the National Regulator is
11
satisfied that:
12
(a) the criteria prescribed by the regulations in relation to
13
revocation on the initiative of the National Regulator are met;
14
and
15
(b) it is desirable to do so, having regard to the objects of this
16
Law.
17
12 Subsection 62(2) of the Marine Safety (Domestic
18
Commercial Vessel) National Law
19
Repeal the subsection, substitute:
20
(2) The National Regulator may vary a certificate of competency on
21
the National Regulator's initiative if the National Regulator is
22
satisfied that:
23
(a) the criteria prescribed by the regulations in relation to
24
variation on the initiative of the National Regulator are met;
25
and
26
(b) it is desirable to do so, having regard to the objects of this
27
Law.
28
13 Subsection 63(2) of the Marine Safety (Domestic
29
Commercial Vessel) National Law
30
Repeal the subsection, substitute:
31
General amendments Schedule 1
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
7
(2) The National Regulator must suspend a certificate of competency
1
on the National Regulator's initiative if the National Regulator is
2
satisfied that the suspension is necessary for the purpose of:
3
(a) protecting human life; or
4
(b) securing the safe navigation of vessels; or
5
(c) dealing with an emergency involving a serious threat to the
6
environment.
7
(2A) The National Regulator may suspend a certificate of competency
8
on the National Regulator's initiative for a purpose prescribed by
9
the regulations.
10
14 Subsection 63(4) of the Marine Safety (Domestic
11
Commercial Vessel) National Law
12
Omit "subparagraph", substitute "subsection".
13
15 Subsection 64(2) of the Marine Safety (Domestic
14
Commercial Vessel) National Law
15
Repeal the subsection, substitute:
16
(2) The National Regulator may revoke a certificate of competency on
17
the National Regulator's initiative if the National Regulator is
18
satisfied that:
19
(a) the criteria prescribed by the regulations in relation to
20
revocation on the initiative of the National Regulator are met;
21
and
22
(b) it is desirable to do so, having regard to the objects of this
23
Law.
24
16 Section 72 of the Marine Safety (Domestic Commercial
25
Vessel) National Law
26
Omit "41(2)(b), 51(2)(b) or 63(2)(b)", substitute "41(2A), 51(2A) or
27
63(2A)".
28
17 Paragraph 104(2)(h) of the Marine Safety (Domestic
29
Commercial Vessel) National Law
30
Omit ", (6) and (7)", substitute "and (6)".
31
Schedule 1 General amendments
8
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
No. , 2014
18 Section 139 of the Marine Safety (Domestic Commercial
1
Vessel) National Law
2
Before "The", insert "(1)".
3
19 At the end of subparagraphs 139(a)(ii) and (iii) of the
4
Marine Safety (Domestic Commercial Vessel) National
5
Law
6
Add "or (2)".
7
20 At the end of subparagraphs 139(g)(i), (ii) and (iii) of the
8
Marine Safety (Domestic Commercial Vessel) National
9
Law
10
Add "or (2A)".
11
21 At the end of subparagraphs 139(i)(ii) and (iii) of the
12
Marine Safety (Domestic Commercial Vessel) National
13
Law
14
Add "or (3)".
15
22 Paragraphs 139(m), (n) and (o) of the Marine Safety
16
(Domestic Commercial Vessel) National Law
17
Repeal the paragraphs.
18
23 At the end of section 139 of the Marine Safety (Domestic
19
Commercial Vessel) National Law
20
Add:
21
(2) The following decisions of a marine safety inspector are
22
reviewable decisions:
23
(a) to detain a vessel under section 101(1);
24
(b) to issue an improvement notice under section 110(1);
25
(c) to issue a prohibition notice under section 111(2).
26
General amendments Schedule 1
No. , 2014
Marine Safety (Domestic Commercial Vessel) National Law
Amendment Bill 2014
9
24 Subsection 140(1) of the Marine Safety (Domestic
1
Commercial Vessel) National Law
2
Omit "The National Regulator must, as soon as practicable after a
3
reviewable decision is made in relation to a person, give a written
4
notice", substitute "As soon as practicable after a reviewable decision is
5
made in relation to a person, a written notice must be given".
6
25 Subsection 140(4) of the Marine Safety (Domestic
7
Commercial Vessel) National Law
8
Omit "Regulator" (second occurring), substitute "Regulator's".
9
26 After subsection 159(5) of the Marine Safety (Domestic
10
Commercial Vessel) National Law
11
Insert:
12
(5A) The regulations may make provision for and in relation to the
13
conduct of the survey of vessels.
14