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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Protection of
the Sea (Civil Liability) Amendment Bill
2000
No. ,
2000
(Transport and Regional
Services)
A Bill for an Act to amend the
law relating to civil liability for pollution damage, and for related
purposes
ISBN: 0642 439036
Contents
Part 1—Amendments relating to insurance cover by certain
ships 3
Part 2—Amendments relating to limitation of
liability 6
Part 3—Amendments relating to threat of discharge or
disposal 7
Part 4—Amendments relating to conversion to penalty
units 8
A Bill for an Act to amend the law relating to civil
liability for pollution damage, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Protection of the Sea (Civil Liability)
Amendment Act 2000.
(1) Sections 1, 2 and 3 of this Act commence on the day on which this
Act receives the Royal Assent.
(2) Parts 3 and 4 of Schedule 1 commence on the day after the
day on which this Act receives the Royal Assent.
(3) The remaining provisions of this Act commence 6 months after the day
on which this Act receives the Royal Assent.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part 1—Amendments
relating to insurance cover by certain ships
1 After Part III
Insert:
In this Part:
Government ship means a ship (including a warship) owned by a
country, and includes a ship owned by the Commonwealth or by a State.
officer means:
(a) an officer of Customs within the meaning of the Customs Act
1901; or
(b) a surveyor appointed under section 190 of the Navigation Act
1912; or
(c) a member or a special member of the Australian Federal Police within
the meaning of the Australian Federal Police Act 1979; or
(d) a person included in a class of persons declared by the regulations to
be a class of officers for the purposes of this section.
owner has the same meaning as in the Convention.
relevant insurance certificate, in relation to a ship, means
a document or documents that contain the prescribed information, being
information relevant to establishing that the owner of the ship is maintaining
insurance or other financial security in respect of the ship that covers the
liability of the owner for pollution damage caused in Australia for an amount
that is not less than the prescribed amount.
State includes the Northern Territory.
(1) Subject to subsection (2), this Part applies to a ship:
(a) that carries oil as cargo or bunker; and
(b) that has a gross tonnage of 400 or more; and
(c) to which Part III does not apply.
(2) This Part does not apply to a Government ship, other than a Government
ship that is being used for commercial purposes.
(1) If a ship enters or leaves, or attempts to enter or leave, a port in
Australia without carrying on board a relevant insurance certificate in respect
of the ship, the master and the owner of the ship are each guilty of an offence
punishable, upon conviction, by a fine of not more than 500 penalty
units.
(2) An officer may require the master or other person in charge of a ship
to produce a relevant insurance certificate in respect of the ship and, if the
master or other person refuses or fails to produce such a certificate to the
officer, he or she is guilty of an offence punishable, upon conviction, by a
fine of not more than 20 penalty units.
(3) If an officer has reasonable grounds to believe that the master or
other person in charge of a ship is attempting to take the ship out of a port in
Australia at a time when the ship is not carrying on board a relevant insurance
certificate in respect of the ship, the officer may detain the ship until such
time as such a certificate is obtained or produced to the officer, as the case
requires.
(4) The master of a ship detained at a port under subsection (3), and
the owner of such a ship, are each guilty of an offence punishable on conviction
by a fine of not more than 500 penalty units if the ship leaves the port before
it has been released from detention.
(5) Strict liability applies to subsections (1), (2) and
(4).
(6) Chapter 2 of the Criminal Code applies to an offence
against this section.
Part 2—Amendments
relating to limitation of liability
2 Subsection 3(1)
Insert:
Authority means the Australian Maritime Safety
Authority.
3 Subsection 20(1)
Omit “Minister”, substitute “Authority”.
Note: The heading to section 20 is altered by omitting
“Minister” and substituting
“Authority”.
4 Subsection 20(1)
Omit “his or her”, substitute “the
Authority’s”.
5 Subsection 20(3)
Omit all the words from and including “exceed”, substitute
“exceed the limit of any liability in respect of the incident that applies
to the incident under the provisions of one or more international conventions,
being provisions in force in relation to Australia.”.
6 Subsection 20(7) (definition of adjusted
register tonnage)
Repeal the definition.
7 Subsection 20(7) (definition of tonnage
factor)
Repeal the definition.
8 Paragraph 21(a)
Omit “Minister”, substitute “Authority”.
Note: The heading to section 21 is altered by omitting
“Minister” and substituting
“Authority”.
9 Paragraph 21(a)
Omit “his or her”, substitute “the
Authority’s”.
Part 3—Amendments
relating to threat of discharge or disposal
10 Part IVA (heading)
Repeal the heading, substitute:
11 Paragraph 22A(1)(b)
After “ship”, insert “, or to combat a threat of
pollution in the marine environment caused by a threat of a discharge or
disposal from a ship”.
12 Paragraph 22A(2)(a)
After “occurred”, insert “, or from which there was the
threat of a discharge or disposal”.
13 Paragraph 22A(2)(b)
After “disposal”, insert “, or the threat of a discharge
or disposal”.
14 Subsection 22A(4)
Repeal the subsection.
Part 4—Amendments
relating to conversion to penalty units
15 Paragraphs 15(1)(a) and
(b)
Omit “$50,000”, substitute “500 penalty
units”.
16 Paragraph 15(1)(c)
Omit “$100,000”, substitute “1,000 penalty
units”.
17 Paragraphs 15(2)(a) and
(b)
Omit “$50,000”, substitute “500 penalty
units”.
18 Paragraph 15(2)(c)
Omit “$100,000”, substitute “1,000 penalty
units”.
19 Paragraphs 15(3)(a) and
(b)
Omit “$2,000”, substitute “20 penalty
units”.
20 Paragraph 15(3)(c)
Omit “$5,000”, substitute “50 penalty
units”.
21 Subsection 15(4)
Omit “$2,000”, substitute “20 penalty
units”.
22 Subsection 17(5)
(penalty)
Omit “$2,000”, substitute “20 penalty
units”.
23 Paragraphs 22(3)(a) and
(b)
Omit “$5,000”, substitute “50 penalty
units”.
24 Paragraph 22(3)(c)
Omit “$10,000”, substitute “100 penalty
units”.
25 Paragraph 23(3)(a)
Omit “$2,000”, substitute “20 penalty
units”.
26 Paragraph 23(3)(b)
Omit “$5,000”, substitute “50 penalty
units”.