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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
Shipping Legislation Amendment Bill
2015
No. , 2015
(Infrastructure and Regional Development)
A Bill for an Act to amend various Acts relating to
shipping, and for other purposes
No. , 2015
Shipping Legislation Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Coastal shipping
4
Part 1--Main amendments
4
Coastal Trading (Revitalising Australian Shipping) Act 2012
4
Part 2--Amendments relating to civil penalties etc.
28
Coastal Trading (Revitalising Australian Shipping) Act 2012
28
Part 3--Amendments relating to seafarers
32
Coastal Trading (Revitalising Australian Shipping) Act 2012
32
Shipping Registration Act 1981
33
Part 4--Transitional provisions
34
Schedule 2--Shipping registration
37
Shipping Registration Act 1981
37
Schedule 3--Consequential amendments
40
Australian Maritime Safety Authority Act 1990
40
Coastal Trading (Revitalising Australian Shipping) (Consequential
Amendments and Transitional Provisions) Act 2012
40
Occupational Health and Safety (Maritime Industry) Act 1993
40
Seafarers Rehabilitation and Compensation Act 1992
41
Shipping Registration Act 1981
42
No. , 2015
Shipping Legislation Amendment Bill 2015
1
A Bill for an Act to amend various Acts relating to
1
shipping, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Shipping Legislation Amendment Act
5
2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Shipping Legislation Amendment Bill 2015
No. , 2015
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,
Part 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 1,
Part 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 1,
Part 3
At the same time as the provisions covered
by table item 3.
5. Schedule 1,
Part 4
At the same time as the provisions covered
by table item 2.
6. Schedule 2
At the same time as the provisions covered
by table item 2.
7. Schedule 3
At the same time as the provisions covered
by table item 3.
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.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
No. , 2015
Shipping Legislation Amendment Bill 2015
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Coastal shipping
Part 1 Main amendments
4
Shipping Legislation Amendment Bill 2015
No. , 2015
Schedule 1
--Coastal shipping
1
Part 1
--Main amendments
2
Coastal Trading (Revitalising Australian Shipping) Act 2012
3
1 Title
4
Omit "trading,", substitute "shipping,".
5
2 Section 1
6
Omit "Coastal Trading (Revitalising Australian Shipping) Act 2012",
7
substitute "Coastal Shipping Act 2015".
8
Note:
This item amends the short title of the Act. If another amendment of the Act is
9
described by reference to the Act's previous short title, that other amendment has effect
10
after the commencement of this item as an amendment of the Act under its amended
11
short title (see section 10 of the Acts Interpretation Act 1901).
12
3 Section 3
13
Repeal the section, substitute:
14
3 Object of Act
15
The object of this Act is to provide a regulatory framework for
16
coastal shipping in Australia that:
17
(a) fosters a competitive coastal shipping services industry that
18
supports the Australian economy; and
19
(b) maximises the use of available shipping capacity on the
20
Australian coast.
21
4 Section 5
22
Repeal the section, substitute:
23
5 Simplified outline
24
The following is a simplified outline of this Act:
25
•
This Act regulates coastal shipping by providing for coastal
26
shipping permits to be granted that authorise vessels to carry
27
passengers or cargo between ports in Australia or to carry
28
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
5
liquid fuel products from offshore facilities to ports in
1
Australia. Using a vessel to engage in coastal shipping without
2
a coastal shipping permit may lead to a pecuniary penalty
3
being imposed for the contravention of a civil penalty
4
provision.
5
•
Part 2 contains definitions for the Act, including a definition
6
of coastal shipping and voyage.
7
•
Part 3 contains provisions relating to the application of the Act
8
to various kinds of vessels.
9
•
Part 4 contains provisions dealing with applications for coastal
10
shipping permits, conditions of coastal shipping permits,
11
transfer of coastal shipping permits and the cancellation of
12
coastal shipping permits.
13
•
Part 4A affects how the Seagoing Industry Award operates for
14
seafarers on certain vessels.
15
•
Part 5 contains provisions relating to the enforcement of the
16
Act.
17
•
Part 6 deals with miscellaneous matters such as the review of
18
certain decisions by the Administrative Appeals Tribunal and
19
the delegation of the Minister's and Secretary's functions and
20
powers under the Act.
21
5 Subsection 6(1)
22
Repeal the following definitions:
23
(a) definition of acceptable tolerance limits;
24
(b) definition of Australian nationality.
25
6 Subsection 6(1)
26
Insert:
27
Australian resident means a person who is a resident of Australia
28
for the purposes of the Income Tax Assessment Act 1936.
29
7 Subsection 6(1)
30
Insert:
31
Schedule 1 Coastal shipping
Part 1 Main amendments
6
Shipping Legislation Amendment Bill 2015
No. , 2015
coastal shipping: see section 7.
1
coastal shipping permit means a coastal shipping permit granted
2
under Part 4.
3
8 Subsection 6(1) (definition of coastal trading)
4
Repeal the definition.
5
9 Subsection 6(1)
6
Insert:
7
docked for service: a vessel is docked for service on a day if, on
8
that day:
9
(a) the vessel is in dry dock; or
10
(b) the vessel is:
11
(i) docked for maintenance, repairs, cleaning or painting;
12
and
13
(ii) not engaged on a voyage.
14
10 Subsection 6(1)
15
Repeal the following definitions:
16
(a) definition of emergency licence;
17
(b) definition of energy security situation;
18
(c) definition of general licence;
19
(d) definition of licence;
20
(e) definition of loading date.
21
11 Subsection 6(1)
22
Insert:
23
normal period, of a coastal shipping permit, means the period of
24
12 months beginning on the day on which the permit comes into
25
force.
26
12 Subsection 6(1) (definition of notice in response)
27
Repeal the definition.
28
13 Subsection 6(1)
29
Insert:
30
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
7
offshore facility has the same meaning as in the Maritime
1
Transport and Offshore Facilities Security Act 2003.
2
14 Subsection 6(1)
3
Insert:
4
parity amount: see subsection 22(3).
5
parity condition: see subsection 22(3).
6
15 Subsection 6(1) (definition of permanent visa)
7
Repeal the definition.
8
16 Subsection 6(1)
9
Insert:
10
rules means rules made under section 112A.
11
17 Subsection 6(1) (paragraph (f) of the definition of seafarer)
12
Omit "regulations", substitute "rules".
13
18 Subsection 6(1)
14
Insert:
15
Seagoing Industry Award 2010 means the award of that name
16
made by the Fair Work Commission, as in force from time to time.
17
19 Subsection 6(1)
18
Repeal the following definitions:
19
(a) definition of temporary licence;
20
(b) definition of temporary visa.
21
20 Subsection 6(1)
22
Insert:
23
term declaration: see subsection 13(3).
24
21 Subsection 6(1) (definition of voyage)
25
Omit "or (c)", substitute ", (c) or (d)".
26
Schedule 1 Coastal shipping
Part 1 Main amendments
8
Shipping Legislation Amendment Bill 2015
No. , 2015
22 Subsection 6(1A)
1
Repeal the subsection.
2
23 Section 7 (heading)
3
Repeal the heading, substitute:
4
7 Definition of coastal shipping
5
24 Subsection 7(1)
6
Omit "coastal trading", substitute "coastal shipping".
7
25 At the end of subsection 7(1)
8
Add:
9
; or (d) the vessel:
10
(i) takes on board a liquid fuel product from an offshore
11
facility; and
12
(ii) carries the liquid fuel product to a port in a State or
13
Territory where some or all of the liquid fuel product is
14
unloaded; or
15
(e) the vessel is docked for service in connection with an activity
16
referred to in any of paragraphs (a) to (d).
17
26 Paragraph 7(2)(c)
18
Omit "regulations", substitute "rules".
19
27 At the end of Part 2
20
Add:
21
7A Calculation of number of days a vessel is engaged in coastal
22
shipping
23
To avoid doubt, and without limiting section 7, for the purposes of
24
calculating the number of days a vessel is being used to engage in
25
coastal shipping, the following days are to be included:
26
(a) each day on which a passenger is embarked or disembarked
27
for a voyage;
28
(b) each day on which cargo or a liquid fuel product is loaded or
29
unloaded for a voyage;
30
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
9
even if, on that day or those days, the vessel does not move from
1
one port to another port, or from an offshore facility to a port, as
2
mentioned in the definition of voyage.
3
28 Section 11
4
Repeal the section.
5
29 After subsection 12(1)
6
Insert:
7
(1A) The application must be in writing and be accompanied by the
8
application fee prescribed by the rules.
9
30 Part 4
10
Repeal the Part, substitute:
11
Part 4--Coastal shipping permits
12
Division 1--Application for, and grant of, coastal shipping
13
permits
14
13 Application for coastal shipping permit
15
Applications
16
(1) A person may apply to the Minister for a coastal shipping permit
17
authorising a vessel to be used to engage in coastal shipping if:
18
(a) the vessel is registered:
19
(i) in the Australian General Shipping Register; or
20
(ii) in the Australian International Shipping Register; or
21
(iii) under the law of a foreign country; and
22
(b) at the time the application is made (the relevant time), the
23
person:
24
(i) has a legal or beneficial interest in the vessel, other than
25
as a mortgagee; or
26
(ii) has day-to-day responsibility for the management of the
27
vessel.
28
(2) The application must:
29
Schedule 1 Coastal shipping
Part 1 Main amendments
10
Shipping Legislation Amendment Bill 2015
No. , 2015
(a) be in writing; and
1
(b) include the following:
2
(i) the applicant's business name and business address;
3
(ii) if the permit is to come into force on a day later than the
4
day it is granted--the day it is to come into force;
5
(iii) if the vessel is registered under the law of a foreign
6
country--a term declaration for the permit (see
7
subsection (3);
8
(iv) any other information prescribed by the rules; and
9
(c) be accompanied by the following:
10
(i) if the applicant has a legal or beneficial interest in the
11
vessel at the relevant time, other than as a mortgagee--
12
evidence of the interest;
13
(ii) otherwise--evidence that the applicant has day-to-day
14
responsibility for the management of the vessel and has
15
the consent of a person referred to in subparagraph (i) to
16
make the application;
17
(iii) a copy of the vessel's registration certificate;
18
(iv) if the registration certificate is not in English--an
19
English translation of the certificate;
20
(v) the application fee prescribed by the rules.
21
Note:
The Minister may ask the applicant to provide further information, see
22
section 39.
23
Meaning of term declaration
24
(3) A term declaration, for a coastal shipping permit, is a declaration
25
stating whether or not it is the intention of the applicant for the
26
permit that the vessel to which the permit relates will be used to
27
engage in coastal shipping on more than 183 days during the
28
normal period of the permit.
29
Application to relate to one vessel only
30
(4) The application must relate to one vessel only.
31
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
11
14 Application for coastal shipping permit may be varied or
1
withdrawn
2
(1) At any time before the Minister decides an application for a coastal
3
shipping permit, the applicant may notify the Minister, in writing,
4
that the applicant wishes to:
5
(a) vary the application; or
6
(b) withdraw the application.
7
Note:
Varying an application affects the period within which the Minister
8
must decide the application, see section 15.
9
(2) If the applicant withdraws the application, the application fee is not
10
refundable.
11
15 Deciding applications for coastal shipping permits
12
(1) The Minister decides an application for a coastal shipping permit
13
by:
14
(a) granting the application; or
15
(b) refusing the application.
16
(2) In deciding an application for a coastal shipping permit, the
17
Minister may have regard to the following:
18
(a) whether the applicant previously held a coastal shipping
19
permit, or other licence (however described) under this Act,
20
that was cancelled;
21
(b) whether the applicant has at any time been issued with an
22
infringement notice under this Act, or relating to a civil
23
penalty provision of this Act;
24
(c) whether the Federal Court or the Federal Circuit Court has
25
ordered the applicant to pay a pecuniary penalty under this
26
Act, or for contravening a civil penalty provision of this Act;
27
(d) whether the Minister is satisfied that the applicant has
28
previously breached a condition of a coastal shipping permit
29
or other licence (however described) under this Act;
30
(e) any other relevant matters.
31
(3) In deciding an application for a coastal shipping permit, the
32
Minister must, if the applicant has previously held a coastal
33
shipping permit that relates to a vessel registered under the law of a
34
foreign country--have regard to the following:
35
Schedule 1 Coastal shipping
Part 1 Main amendments
12
Shipping Legislation Amendment Bill 2015
No. , 2015
(a) whether:
1
(i) the term declaration for the permit previously held
2
stated that the intention of the applicant was that the
3
vessel would not be used to engage in coastal shipping
4
on more than 183 days during the normal period of the
5
permit; and
6
(ii) the vessel was so used on more than 183 days during
7
that period;
8
(b) the object of this Act.
9
(4) The Minister must not grant an application for a coastal shipping
10
permit that relates to a vessel registered under the law of a foreign
11
country if the Minister is satisfied that the applicant has not
12
complied with the parity condition of a coastal shipping permit
13
previously held by the applicant.
14
(5) The Minister must decide an application for a coastal shipping
15
permit:
16
(a) within 10 business days after the day the application is made;
17
or
18
(b) if the applicant varies the application under section 14--
19
within 10 business days after the day the Minister receives
20
written notice of the variation.
21
Note:
The period within which an application is to be decided may be
22
affected by section 39.
23
16 Period in force of coastal shipping permit
24
If the Minister grants an application for a coastal shipping permit
25
under subsection 15(1), the permit comes into force on whichever
26
of the following is applicable:
27
(a) the day on which the application is granted;
28
(b) if another day was specified in the application for the permit
29
as mentioned in subparagraph 13(2)(b)(ii)--that day;
30
and remains in force for 12 months, unless it is cancelled earlier.
31
17 Information to be published on website
32
The Minister must cause the following information to be published
33
on the Department's website as soon as reasonably practicable
34
after granting an application for a coastal shipping permit:
35
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
13
(a) the permit number;
1
(b) the holder of the permit;
2
(c) the holder's business name and business address;
3
(d) the vessel to which the permit relates (including its name and
4
IMO number);
5
(e) the day the permit comes into force and the period for which
6
the permit is in force;
7
(f) any additional conditions imposed on the permit under
8
section 23;
9
(g) any other information prescribed by the rules.
10
18 Only one coastal shipping permit per vessel
11
In deciding whether to grant an application for a coastal shipping
12
permit that relates to a vessel, the Minister must ensure that no
13
more than one coastal shipping permit is in force in relation to the
14
vessel at the same time.
15
19 Application for coastal shipping permit taken to be granted in
16
certain circumstances
17
(1) If the Minister has not decided an application for a coastal shipping
18
permit that relates to a vessel by the end of the period within which
19
the Minister is required to make a decision under subsection 15(5),
20
the Minister is taken:
21
(a) to have granted the application on the day after the end of
22
that period; or
23
(b) to have refused the application, if the operation of
24
paragraph (a) would result in more than one coastal shipping
25
permit being in force in relation to the vessel at the same
26
time.
27
(2) A permit that is taken to have been granted under paragraph (1)(a)
28
is taken to come into force on whichever of the following days is
29
applicable:
30
(a) the day on which the application is taken to have been
31
granted;
32
(b) if another day was specified in the application for the permit
33
as mentioned in subparagraph 13(2)(b)(ii)--that day;
34
and remains in force for 12 months, unless it is cancelled earlier.
35
Schedule 1 Coastal shipping
Part 1 Main amendments
14
Shipping Legislation Amendment Bill 2015
No. , 2015
20 Minister must give coastal shipping permit to applicant
1
(1) If the Minister decides to grant an application for a coastal
2
shipping permit, or is taken to have granted such an application, he
3
or she must, as soon as practicable, give the applicant the permit.
4
(2) The permit must specify the following:
5
(a) the permit number;
6
(b) the holder of the permit;
7
(c) the holder's business name and business address;
8
(d) the vessel to which the permit relates (including its name and
9
IMO number);
10
(e) the conditions to which the permit is subject under
11
section 22;
12
(f) for a permit that relates to a vessel registered under the law of
13
a foreign country--whether or not it is the intention of the
14
applicant that the vessel will be used to engage in coastal
15
shipping on more than 183 days during the normal period of
16
the permit;
17
(g) any additional conditions imposed on the permit under
18
section 23;
19
(h) the day the permit comes into force and the period for which
20
the permit is in force;
21
(i) any other matters prescribed by the rules.
22
21 Refusal of application for coastal shipping permit
23
If the Minister decides to refuse an application for a coastal
24
shipping permit, he or she must, as soon as practicable, notify the
25
applicant, in writing, of:
26
(a) the decision; and
27
(b) the reasons for the decision.
28
Division 2--Conditions of coastal shipping permits
29
22 Conditions imposed on coastal shipping permits
30
(1) A coastal shipping permit is subject to the following conditions:
31
(a) the vessel to which the permit relates must continue to be
32
registered as mentioned in paragraph 13(1)(a);
33
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
15
(b) a copy of the permit must be displayed on the vessel in a
1
conspicuous place accessible to all persons on board at all
2
times when the vessel is being used to engage in coastal
3
shipping;
4
(c) the holder of the permit must comply with the reporting
5
requirements under sections 35 and 36;
6
(d) if section 38 applies to the vessel--the composition of the
7
crew of the vessel must comply with that section;
8
(e) the holder of the permit must comply with any other
9
condition prescribed by the rules.
10
(2) A coastal shipping permit that relates to a vessel registered under
11
the law of a foreign country is also subject to the parity condition
12
(see subsection (3)) if:
13
(a) the term declaration for the permit states that the intention of
14
the applicant is that the vessel will not be used to engage in
15
coastal shipping on more than 183 days during the normal
16
period of the permit; and
17
(b) the vessel is so used on more than 183 days during that
18
period.
19
(3) The parity condition for a coastal shipping permit is that, if:
20
(a) a seafarer is an employee on board the vessel after the
21
commencement of the normal period of the permit, but
22
before the use of the vessel to engage in coastal shipping
23
exceeds 183 days; and
24
(b) the seafarer has not been paid the amount (the notional
25
award amount) that the seafarer would have been paid
26
(assuming the Fair Work Act 2009 had applied to the vessel)
27
because of the operation of section 41 in respect of that
28
employment;
29
the holder of the permit must pay the seafarer, or must ensure that
30
the seafarer is paid, an amount (the parity amount) equal to the
31
difference (if any) between the notional award amount and the
32
amount that the seafarer has already been paid in respect of that
33
employment.
34
(4) The parity amount must be paid before the end of the period
35
prescribed by the rules.
36
Schedule 1 Coastal shipping
Part 1 Main amendments
16
Shipping Legislation Amendment Bill 2015
No. , 2015
23 Additional conditions may be imposed by Minister
1
(1) The Minister may, at any time:
2
(a) impose an additional condition to which a coastal shipping
3
permit is subject; or
4
(b) vary or remove such a condition;
5
by notifying, in writing, the holder of the permit.
6
(2) A condition imposed under subsection (1), including such a
7
condition as varied, must not be inconsistent with a condition
8
under section 22.
9
(3) If the Minister imposes, varies or removes a condition under
10
subsection (1), he or she must, as soon as practicable, give the
11
holder an updated coastal shipping permit.
12
24 Civil penalty--breaching condition of coastal shipping permit
13
A person contravenes this section if:
14
(a) the person is the holder of a coastal shipping permit; and
15
(b) the person does an act or omits to do an act; and
16
(c) the act or omission breaches, or results in a breach of, a
17
condition imposed on the permit under section 22 or 23.
18
Civil penalty:
19
(a) for an individual--50 penalty units; and
20
(b) for a body corporate--250 penalty units.
21
Division 3--Transfer of coastal shipping permits
22
25 Application for transfer of coastal shipping permit
23
(1) The holder of a coastal shipping permit that relates to a vessel may
24
apply to the Minister for the permit to be transferred to another
25
person (the proposed transferee) if, at the time of the application
26
(the relevant time) the proposed transferee:
27
(a) has a legal or beneficial interest in the vessel, other than as a
28
mortgagee; or
29
(b) has day-to-day responsibility for the management of the
30
vessel.
31
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
17
(2) The application must:
1
(a) be in writing; and
2
(b) include the following:
3
(i) the applicant's business name and business address;
4
(ii) the proposed transferee's business name and business
5
address;
6
(iii) the information mentioned in paragraphs 36(1)(a), (b),
7
(c) and (d) for each voyage undertaken by the vessel
8
during the period for which the applicant has been the
9
holder of the permit;
10
(iv) whether the vessel has been docked for service during
11
the period for which the applicant has been the holder of
12
the permit, and, if so, the days on which the vessel was
13
docked for service;
14
(v) any other information prescribed by the rules; and
15
(c) be accompanied by the following:
16
(i) evidence that at the relevant time the proposed
17
transferee has a legal or beneficial interest in the vessel,
18
other than as a mortgagee, or has day-to-day
19
responsibility for the management of the vessel;
20
(ii) if the proposed transferee does not have a legal or
21
beneficial interest in the vessel at the relevant time,
22
other than as a mortgagee--evidence that the applicant
23
has the consent of a person referred to in
24
subparagraph (i) to make the application;
25
(iii) the application fee prescribed by the rules.
26
Note:
The Minister may ask the applicant to provide further information, see
27
section 39.
28
26 Application for transfer of coastal shipping permit may be varied
29
or withdrawn
30
(1) At any time before the Minister decides an application for the
31
transfer of a coastal shipping permit, the applicant may notify the
32
Minister, in writing, that the applicant wishes to:
33
(a) vary the application; or
34
(b) withdraw the application.
35
Note:
Varying an application affects the period within which the Minister
36
must decide the application, see section 27.
37
Schedule 1 Coastal shipping
Part 1 Main amendments
18
Shipping Legislation Amendment Bill 2015
No. , 2015
(2) If the applicant withdraws the application, the application fee is not
1
refundable.
2
27 Deciding applications for transfer of coastal shipping permits
3
(1) The Minister decides an application for the transfer of a coastal
4
shipping permit by:
5
(a) granting the application; or
6
(b) refusing the application.
7
(2) In deciding an application for the transfer of a coastal shipping
8
permit, the Minister may have regard to the following:
9
(a) whether the proposed transferee previously held a coastal
10
shipping permit, or other licence (however described) under
11
this Act, that was cancelled;
12
(b) whether the proposed transferee has at any time been issued
13
with an infringement notice under this Act, or relating to a
14
civil penalty provision of this Act;
15
(c) whether the Federal Court or the Federal Circuit Court has
16
ordered the proposed transferee to pay a pecuniary penalty
17
under this Act, or for contravening a civil penalty provision
18
of this Act;
19
(d) whether the Minister is satisfied that the proposed transferee
20
has previously breached a condition of a coastal shipping
21
permit or other licence (however described) under this Act;
22
(e) any other relevant matters.
23
(3) In deciding an application for the transfer of a coastal shipping
24
permit, the Minister must, if the proposed transferee has previously
25
held a coastal shipping permit in relation to a vessel registered
26
under the law of a foreign country, have regard to the following:
27
(a) whether:
28
(i) the term declaration for the permit previously held by
29
the proposed transferee stated that the intention of the
30
proposed transferee was that the vessel would not be
31
used to engage in coastal shipping on more than 183
32
days during the normal period of the permit; and
33
(ii) the vessel was so used on more than 183 days during
34
that period;
35
(b) the object of this Act.
36
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
19
(4) The Minister must not grant an application for the transfer of a
1
coastal shipping permit that relates to a vessel registered under the
2
law of a foreign country if the Minister is satisfied that the
3
proposed transferee has not complied with the parity condition of a
4
coastal shipping permit previously held by the proposed transferee.
5
(5) The Minister must decide an application for the transfer of a
6
coastal shipping permit:
7
(a) within 2 business days after the day the application is made;
8
or
9
(b) if the proposed transferee varies the application under
10
section 26--within 2 business days after the day the Minister
11
receives written notice of the variation.
12
Note:
The period within which an application is to be decided may be
13
affected by section 39.
14
28 Application for transfer of coastal shipping permit taken to be
15
granted in certain circumstances
16
If the Minister has not decided an application for the transfer of a
17
coastal shipping permit by the end of the period within which a
18
decision is required under subsection 27(5), the Minister is taken to
19
have granted the application immediately after the end of that
20
period.
21
29 Minister must give updated coastal shipping permit to transferee
22
If the Minister decides to grant an application for the transfer of a
23
coastal shipping permit, or is taken to have granted an application
24
for the transfer of a coastal shipping permit, he or she must, as
25
soon as practicable, give the transferee an updated coastal shipping
26
permit.
27
30 Refusal of application for transfer of coastal shipping permit
28
If the Minister decides to refuse an application for the transfer of a
29
coastal shipping permit, he or she must, as soon as practicable,
30
notify the applicant, in writing, of:
31
(a) the decision; and
32
(b) the reasons for the decision.
33
Schedule 1 Coastal shipping
Part 1 Main amendments
20
Shipping Legislation Amendment Bill 2015
No. , 2015
31 Website to be updated after transfer of coastal shipping permit
1
If the Minister grants an application for the transfer of a coastal
2
shipping permit, the Minister must cause the information published
3
on the Department's website about the permit to be updated.
4
Division 4--Cancellation and surrender of coastal shipping
5
permits
6
32 Cancellation of coastal shipping permit: show cause notice
7
Minister to give show cause notice
8
(1) The Minister may give a written notice (a show cause notice) to
9
the holder of a coastal shipping permit (the current permit) if the
10
Minister reasonably believes that:
11
(a) a condition of the current permit has been breached; or
12
(b) a condition of another coastal shipping permit, or a condition
13
of a licence (however described) previously granted under
14
this Act, was breached at a time when the holder of the
15
current permit was the holder of the other permit or licence.
16
(2) The show cause notice must:
17
(a) state the grounds on which the notice is given; and
18
(b) invite the holder of the current permit to give the Minister,
19
within 10 business days after the day the notice is given, a
20
written statement showing cause why the permit should not
21
be cancelled.
22
Show cause notice not a legislative instrument
23
(3) A show cause notice given under subsection (1) is not a legislative
24
instrument.
25
33 Cancellation of coastal shipping permit
26
Minister may cancel coastal shipping permit
27
(1) The Minister may cancel a coastal shipping permit (the current
28
permit) if the Minister:
29
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
21
(a) has given a show cause notice under subsection 32(1) to the
1
holder of the current permit; and
2
(b) after considering any written statement given in accordance
3
with the show cause notice, is satisfied that:
4
(i) a condition of the current permit has been breached; or
5
(ii) a condition of another coastal shipping permit, or a
6
condition of a licence (however described) previously
7
granted under this Act, was breached at a time when the
8
holder of the current permit was the holder of the other
9
permit or licence.
10
Note:
Section 107 provides that applications may be made to the
11
Administrative Appeals Tribunal for review of decisions of the
12
Minister to cancel coastal shipping permits.
13
Notice of cancellation
14
(2) The Minister must give written notice of the cancellation to the
15
holder of the current permit. The notice must set out:
16
(a) the day the cancellation takes effect; and
17
(b) the reasons for the cancellation; and
18
(c) the effect of subsection (3).
19
Holder of coastal shipping permit must return cancelled permit
20
(3) The holder of a coastal shipping permit contravenes this subsection
21
if:
22
(a) the permit is cancelled under this section; and
23
(b) the holder of the permit does not return the permit to the
24
Minister within 10 business days after the day the
25
cancellation takes effect.
26
Civil penalty:
27
(a) for an individual--50 penalty units; and
28
(b) for a body corporate--250 penalty units.
29
34 No surrender of coastal shipping permit
30
A coastal shipping permit cannot be surrendered.
31
Schedule 1 Coastal shipping
Part 1 Main amendments
22
Shipping Legislation Amendment Bill 2015
No. , 2015
Division 5--Miscellaneous
1
35 Reporting requirements for coastal shipping permits
2
Holder of coastal shipping permit must report
3
(1) A person who holds a coastal shipping permit relating to a vessel
4
during a reporting period for the permit must give to the Minister a
5
report containing the information mentioned in section 36 for the
6
reporting period for the permit.
7
Meaning of reporting period
8
(2) A reporting period for a coastal shipping permit is:
9
(a) the period (the first reporting period for the permit) of 6
10
months beginning on the day the permit comes into force;
11
and
12
(b) the period (the second reporting period for the permit) of 6
13
months immediately following the first reporting period; and
14
(c) any period specified in a request for an interim report under
15
subsection (3) for the permit.
16
Interim reports
17
(3) At any time before the end of the first or second reporting period
18
for a coastal shipping permit, the Minister may request the holder
19
of the permit, or any person who was the holder of the permit
20
during the period, to give an interim report for the permit covering
21
a period specified in the request.
22
(4) If the Minister requests an interim report for a coastal shipping
23
permit during the first or second reporting period for the permit,
24
that reporting period is taken not include the period or periods
25
covered by the interim report.
26
Periods covered by reports
27
(5) A report given by a person under this section only needs to cover
28
periods when the person was the holder of the coastal shipping
29
permit to which the report relates.
30
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
23
36 Contents and timing of reports
1
Contents of reports
2
(1) A report under section 35 for a reporting period for a coastal
3
shipping permit must include the following information for each
4
voyage undertaken, during the reporting period, by the vessel to
5
which the permit relates:
6
(a) if passengers were carried on the voyage:
7
(i) the number of passengers carried; and
8
(ii) the port at which the passengers embarked; and
9
(iii) the date that embarkation began; and
10
(iv) the port at which the passengers disembarked; and
11
(v) the date that disembarkation finished;
12
(b) if cargo was carried on the voyage:
13
(i) the kinds and volumes of cargo carried; and
14
(ii) the port at which the cargo was taken on board; and
15
(iii) the date that loading began; and
16
(iv) the port at which the cargo was unloaded; and
17
(v) the date that unloading finished;
18
(c) if a liquid fuel product was carried on the voyage:
19
(i) each type, and the volume of each type, of liquid fuel
20
product carried; and
21
(ii) the port or offshore facility at which the liquid fuel
22
product was taken on board; and
23
(iii) the date that loading began; and
24
(iv) the port at which the liquid fuel product was unloaded;
25
and
26
(v) the date that unloading finished;
27
(d) any other information prescribed by the rules.
28
(2) The report must also state:
29
(a) the total number of days during the reporting period on which
30
the vessel was used to engage in coastal shipping; and
31
(b) whether the vessel was docked for service during the
32
reporting period for the permit, and, if so, the days that the
33
vessel was docked for service.
34
Schedule 1 Coastal shipping
Part 1 Main amendments
24
Shipping Legislation Amendment Bill 2015
No. , 2015
Timing of reports
1
(3) The report must be given to the Minister no later than:
2
(a) in the case of a report given other than in response to a
3
request under subsection 35(3)--15 business days after the
4
end of the reporting period concerned; or
5
(b) in the case of a report given in response to such a request--
6
10 business days after the date on which the request is given.
7
Civil penalty
8
(4) A person contravenes this subsection if:
9
(a) the person holds a coastal shipping permit relating to a vessel
10
at any time during a reporting period for the permit; and
11
(b) the person fails to give the Minister the report required by
12
subsection 35(1) within the time required by subsection (3) of
13
this section.
14
Civil penalty:
15
(a) for an individual--50 penalty units; and
16
(b) for a body corporate--250 penalty units.
17
37 Summary of reports to be published on website
18
After the end of each financial year, the Minister must cause a
19
summary of the information contained in the reports given to the
20
Minister during that financial year under section 35 to be published
21
on the Department's website.
22
38 Australian crew requirement for certain foreign vessels
23
Scope of section
24
(1) This section applies to a vessel if:
25
(a) the vessel is registered under the law of a foreign country;
26
and
27
(b) a coastal shipping permit relating to the vessel is in force; and
28
(c) either:
29
(i) the term declaration for the permit stated that the
30
intention of the applicant was that the vessel would be
31
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
25
used to engage in coastal shipping on more than 183
1
days during the normal period of the permit; or
2
(ii) during the period for which the permit is in force, the
3
total number of days on which the vessel is used to
4
engage in coastal shipping is more than 183.
5
Australian crew requirement
6
(2) For the whole of the period for which the permit is in force:
7
(a) either the master or the chief mate; and
8
(b) either the chief engineer or the first engineer;
9
must be one of the following:
10
(c) an Australian citizen;
11
(d) an Australian resident;
12
(e) a person who holds a visa that:
13
(i) allows the person to work in Australia as a master, chief
14
mate, chief engineer or first engineer; and
15
(ii) is prescribed by the rules for the purposes of this
16
subparagraph.
17
Civil penalty
18
(3) A person contravenes this subsection if:
19
(a) this section applies to the vessel at a particular time; and
20
(b) the person is the holder of the coastal shipping permit
21
relating to the vessel at that time; and
22
(c) the requirement in subsection (2) is not complied with at that
23
time.
24
Civil penalty:
25
(a) for an individual--50 penalty units; and
26
(b) for a body corporate--250 penalty units.
27
39 Requests for further information--applications
28
(1) If the Minister needs further information to decide an application
29
made under section 13 or 25, the Minister may, by written notice,
30
ask the applicant to provide the information to the Minister.
31
Schedule 1 Coastal shipping
Part 1 Main amendments
26
Shipping Legislation Amendment Bill 2015
No. , 2015
(2) The Minister must, as soon as practicable after receiving the
1
information, notify the applicant, in writing, whether or not the
2
information provided satisfies the Minister's request.
3
(3) A day is not to be counted as a business day for the purposes of
4
section 15 or 27 if it is:
5
(a) on or after the day the Minister asks for the further
6
information; and
7
(b) on or before the day the Minister notifies the applicant that
8
the further information provided satisfies the Minister's
9
request.
10
40 Basis on which coastal shipping permits granted
11
A coastal shipping permit granted under this Act is granted on the
12
basis that:
13
(a) conditions may be imposed on the permit, and varied or
14
removed under section 23; and
15
(b) the permit may be cancelled under section 33; and
16
(c) the permit may be cancelled, revoked, terminated or varied
17
by or under later legislation; and
18
(d) no compensation is payable if:
19
(i) conditions are imposed on the permit, or varied or
20
removed, as mentioned in paragraph (a); or
21
(ii) the permit is cancelled, revoked, terminated or varied as
22
mentioned in any of the above paragraphs.
23
31 Section 107
24
Repeal the section, substitute:
25
107 Review by the Administrative Appeals Tribunal
26
Applications may be made to the Administrative Appeals Tribunal
27
for review of any of the following decisions:
28
(a) a decision under section 12 refusing to make a declaration in
29
relation to a vessel;
30
(b) a decision under section 15 by the Minister to refuse to grant
31
an application for a coastal shipping permit;
32
(c) a decision under section 27 by the Minister to refuse to grant
33
an application for the transfer of a coastal shipping permit;
34
Coastal shipping Schedule 1
Main amendments Part 1
No. , 2015
Shipping Legislation Amendment Bill 2015
27
(d) a decision under section 33 by the Minister to cancel a
1
coastal shipping permit.
2
32 Subsection 111(1)
3
Omit "section 11", substitute "section 112A".
4
33 Before section 113
5
Insert:
6
112A Minister's rules
7
(1) The Minister may, by legislative instrument, make rules
8
prescribing matters:
9
(a) required or permitted by this Act to be prescribed by the
10
rules; or
11
(b) necessary or convenient to be prescribed for carrying out or
12
giving effect to this Act.
13
(2) To avoid doubt, the rules may not do the following:
14
(a) create an offence or civil penalty;
15
(b) provide powers of:
16
(i) arrest or detention; or
17
(ii) entry, search or seizure;
18
(c) impose a tax;
19
(d) set an amount to be appropriated from the Consolidated
20
Revenue Fund under an appropriation in this Act;
21
(e) amend this Act.
22
Schedule 1 Coastal shipping
Part 2 Amendments relating to civil penalties etc.
28
Shipping Legislation Amendment Bill 2015
No. , 2015
Part 2
--Amendments relating to civil penalties etc.
1
Coastal Trading (Revitalising Australian Shipping) Act 2012
2
34 Subsection 6(1) (definition of civil penalty order)
3
Repeal the definition.
4
35 Subsection 6(1) (definition of civil penalty provision)
5
Repeal the definition, substitute:
6
civil penalty provision has the same meaning as in the Regulatory
7
Powers Act.
8
36 Subsection 6(1) (definition of evidential burden)
9
Repeal the definition.
10
37 Subsection 6(1)
11
Insert:
12
Regulatory Powers Act means the Regulatory Powers (Standard
13
Provisions) Act 2014.
14
38 Before Division 1 of Part 4
15
Insert:
16
Division 1A--General
17
12A Civil penalty--engaging in coastal shipping without coastal
18
shipping permit
19
A person contravenes this section if:
20
(a) the person:
21
(i) has a legal or beneficial interest in a vessel, other than
22
as a mortgagee; or
23
(ii) has day-to-day responsibility for the management of a
24
vessel; and
25
(b) the vessel is used to engage in coastal shipping; and
26
Coastal shipping Schedule 1
Amendments relating to civil penalties etc. Part 2
No. , 2015
Shipping Legislation Amendment Bill 2015
29
(c) a coastal shipping permit is not in force in relation to the
1
vessel.
2
Civil penalty:
3
(a) for an individual--300 penalty units; and
4
(b) for a body corporate--1,500 penalty units.
5
12B Customs treatment of vessels with coastal shipping permits
6
A vessel in relation to which a coastal shipping permit is in force is
7
not imported into Australia for the purposes of the Customs Act
8
1901.
9
39 Divisions 2, 3 and 4 of Part 5
10
Repeal the Divisions, substitute:
11
Division 2--Civil penalty provisions
12
83 Enforceable civil penalty provisions
13
Each civil penalty provision of this Act is enforceable under Part 4
14
of the Regulatory Powers Act.
15
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
16
be enforced by obtaining an order for a person to pay a pecuniary
17
penalty for the contravention of the provision.
18
84 Authorised applicant
19
For the purposes of Part 4 of the Regulatory Powers Act, the
20
Secretary is an authorised applicant in relation to the civil penalty
21
provisions of this Act.
22
85 Relevant court
23
For the purposes of Part 4 of the Regulatory Powers Act, each of
24
the following courts is a relevant court in relation to the civil
25
penalty provisions of this Act:
26
(a) the Federal Court;
27
(b) the Federal Circuit Court.
28
Schedule 1 Coastal shipping
Part 2 Amendments relating to civil penalties etc.
30
Shipping Legislation Amendment Bill 2015
No. , 2015
86 Extension to external Territories
1
Part 4 of the Regulatory Powers Act, as it applies in relation to the
2
civil penalty provisions of this Act, extends to every external
3
Territory.
4
Division 3--Infringement notices
5
87 Provisions subject to an infringement notice
6
A civil penalty provision of this Act is subject to an infringement
7
notice under Part 5 of the Regulatory Powers Act.
8
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
9
infringement notices in relation to provisions.
10
88 Infringement officer
11
For the purposes of Part 5 of the Regulatory Powers Act, an
12
authorised person is an infringement officer in relation to the
13
provisions mentioned in section 87.
14
89 Relevant chief executive
15
For the purposes of Part 5 of the Regulatory Powers Act, the
16
Secretary is the relevant chief executive in relation to the
17
provisions mentioned in section 87.
18
90 Delegation by relevant chief executive
19
(1) The relevant chief executive may, in writing, delegate the powers
20
and functions mentioned in subsection (2) to an SES employee or
21
acting SES employee in the Department.
22
(2) The powers and functions that may be delegated are:
23
(a) extending the period referred to in paragraph 104(1)(h) of the
24
Regulatory Powers Act; and
25
(b) withdrawing an infringement notice under section 106 of the
26
Regulatory Powers Act.
27
(3) A person exercising powers or performing functions under a
28
delegation under subsection (1) must comply with any directions of
29
the relevant chief executive.
30
Coastal shipping Schedule 1
Amendments relating to civil penalties etc. Part 2
No. , 2015
Shipping Legislation Amendment Bill 2015
31
91 Extension to external Territories
1
Part 5 of the Regulatory Powers Act, as it applies in relation to the
2
provisions mentioned in section 87, extends to every external
3
Territory.
4
92 Amount payable under an infringement notice
5
Despite subsection 104(2) of the Regulatory Powers Act, the
6
amount to be stated in an infringement notice for the purposes of
7
paragraph 104(1)(f) of the Regulatory Powers Act for an alleged
8
contravention of a civil penalty provision of this Act by a person
9
must be equal to one-fifth of the maximum penalty that a court
10
could impose on the person for that contravention.
11
Division 4--Action to recover unpaid amounts
12
93 Actions for breach of condition relating to payment to seafarers
13
(1) The Federal Court or the Federal Circuit Court may order a person
14
to pay an amount to a seafarer if:
15
(a) the person is required to pay the amount to the seafarer, or is
16
required to ensure that the seafarer is paid the amount, in
17
accordance with the parity condition of a coastal shipping
18
permit; and
19
(b) the person has not paid the amount or ensured that the
20
seafarer has been paid the amount.
21
(2) The court may make the order only if the seafarer, or a person
22
prescribed by the rules, applies for an order under this section.
23
(3) For the purposes of subsection (2), a person prescribed by the rules
24
must not make an application on behalf of the seafarer unless the
25
seafarer has given consent in writing before the application is
26
made.
27
(4) The order must specify the amount payable. The amount payable
28
may be recovered as a debt due to the seafarer.
29
40 Section 112
30
Repeal the section.
31
Schedule 1 Coastal shipping
Part 3 Amendments relating to seafarers
32
Shipping Legislation Amendment Bill 2015
No. , 2015
Part 3
--Amendments relating to seafarers
1
Coastal Trading (Revitalising Australian Shipping) Act 2012
2
41 After Part 4
3
Insert:
4
Part 4A--Seafarers
5
6
41 Modification of Seagoing Industry Award 2010
7
(1) The Seagoing Industry Award 2010 (the award) is taken, because
8
of the operation of this section, to have the effect it would have if it
9
provided that:
10
(a) the provisions of Part B of the award (the Part B provisions)
11
apply to seafarers employed on board a vessel at a particular
12
time if, at that time:
13
(i) the vessel is registered under the law of a foreign
14
country; and
15
(ii) the Fair Work Act 2009 applies to the vessel; and
16
(iii) a coastal shipping permit is in force in relation to the
17
vessel; and
18
(b) the provisions of Part A of the award do not apply to those
19
seafarers at that time.
20
(2) The regulations may provide that the award is taken to have the
21
effect it would have if it provided as prescribed by the regulations,
22
for the purposes of removing ambiguity or uncertainty, or
23
correcting an error, omission or technical deficiency, in the award,
24
as it operates because of subsection (1).
25
(3) Subject to paragraph (1)(b), the references in subsection (1) to the
26
Part B provisions include a reference to the provisions of the
27
award, or another modern award, that apply to the seafarers
28
referred to in that subsection.
29
Coastal shipping Schedule 1
Amendments relating to seafarers Part 3
No. , 2015
Shipping Legislation Amendment Bill 2015
33
Shipping Registration Act 1981
1
42 Subsection 3(1)
2
Insert:
3
Seagoing Industry Award 2010 means the award of that name
4
made by the Fair Work Commission, as in force from time to time.
5
43 After Division 2 of Part VA
6
Insert:
7
Division 2A--Provision relating to certain seafarers
8
61AKA Modification of Seagoing Industry Award 2010
9
(1) The Seagoing Industry Award 2010 (the award) is taken, because
10
of the operation of this section, to have the effect it would have if it
11
provided that:
12
(a) the provisions of Part B of the award (the Part B provisions)
13
apply to seafarers employed on board a ship at a particular
14
time if, at that time:
15
(i) the ship is registered in the Australian International
16
Shipping Register; and
17
(ii) the Fair Work Act 2009 applies to the ship; and
18
(b) the provisions of Part A of the award do not apply to those
19
seafarers at that time.
20
(2) The regulations may provide that the award is taken to have the
21
effect it would have if it provided as prescribed by the regulations,
22
for the purposes of removing ambiguity or uncertainty, or
23
correcting an error, omission or technical deficiency, in the award,
24
as it operates because of subsection (1).
25
(3) Subject to paragraph (1)(b), the references in subsection (1) to the
26
Part B provisions include a reference to the provisions of the
27
award, or another modern award, that apply to the seafarers
28
referred to in that subsection.
29
Schedule 1 Coastal shipping
Part 4 Transitional provisions
34
Shipping Legislation Amendment Bill 2015
No. , 2015
Part 4
--Transitional provisions
1
44 Definitions
2
In this Part:
3
transition period means the period:
4
(a) beginning at the commencement of Part 1 of this Schedule;
5
and
6
(b) ending immediately before the commencement of Part 2 of
7
this Schedule.
8
old law means the following:
9
(a) the Coastal Trading (Revitalising Australian Shipping) Act
10
2012;
11
(b) the Coastal Trading (Revitalising Australian Shipping)
12
(Consequential Amendments and Transitional Provisions)
13
Act 2012;
14
as in force immediately before the commencement of Part 1 of this
15
Schedule.
16
45 Continued operation of old law subject to modifications
17
(1)
Despite the repeals and amendments of the old law made by Part 1 of
18
this Schedule:
19
(a) Part 4 of the Coastal Trading (Revitalising Australian
20
Shipping) Act 2012, as in force immediately before the
21
commencement of Part 1 of this Schedule; and
22
(b) any other provisions of the old law necessary for the effectual
23
operation of that Part (including, but not limited to, section 3
24
of the Coastal Trading (Revitalising Australian Shipping) Act
25
2012);
26
continue in operation during the transition period, subject to the
27
modifications set out in this item, as if those repeals and amendments
28
had not happened.
29
(2)
The modifications are as follows:
30
(a) a licence that was in force immediately before the
31
commencement of the transition period under the old law
32
Coastal shipping Schedule 1
Transitional provisions Part 4
No. , 2015
Shipping Legislation Amendment Bill 2015
35
continues in force during the transition period as if those
1
repeals and amendments had not happened;
2
(b) a licence continued in force under paragraph (a), or granted
3
during the transition period under the old law as continued in
4
operation by subitem (1), is taken to remain in force until the
5
end of the transition period or, if the licence is cancelled
6
earlier, until the cancellation;
7
(c) Part 4 of the Coastal Trading (Revitalising Australian
8
Shipping) Act 2012, as in force immediately before the
9
commencement of Part 1 of this Schedule, has effect as if:
10
(i) all the words after "period" in subsection 28(1) were
11
omitted; and
12
(ii) sections 30 to 33, paragraph 34(2)(d), subsections 34(3)
13
and (5) and 37(3) were repealed; and
14
(iii) all the words from and including "variation" to and
15
including "undertaken" in subsection 43(1) were
16
omitted and the words "variation of all or any matters
17
authorised by a temporary licence" were substituted;
18
and
19
(iv) section 45 were repealed; and
20
(v) subsection 46(3) were repealed; and
21
(vi) the reference in section 53 to sections 30 to 34 were a
22
reference to section 34; and
23
(vii) subsection 54(2), paragraph 77(1)(b) and
24
subsection 77(2) were omitted.
25
(3)
Despite the repeals and amendments of the old law made by Part 1 of
26
this Schedule, sections 27, 62 and 75 of the old law (which deal with
27
reporting requirements relating to licences) continue in force after the
28
end of the transition period, in relation to licences granted before the
29
end of that period, as if those repeals and amendments had not
30
happened.
31
(4)
A reference in an Act that is amended by Schedule 3 to a provision of
32
the old law that is repealed or amended by Part 1 of this Schedule is
33
taken to be a reference to that provision as continued in operation by
34
subitem (1).
35
Schedule 1 Coastal shipping
Part 4 Transitional provisions
36
Shipping Legislation Amendment Bill 2015
No. , 2015
46 Permits granted during transition period do not come into
1
force until after that period ends
2
(1)
This item applies if, during the transition period, the Minister grants a
3
permit under section 15 of the Coastal Shipping Act 2015 or is taken to
4
have granted a permit under section 19 of that Act.
5
(2)
If, apart from this item, the permit would come into force before the end
6
of the transition period, the permit is taken to come into force on the
7
day after the end of the transition period.
8
Shipping registration Schedule 2
No. , 2015
Shipping Legislation Amendment Bill 2015
37
Schedule 2
--Shipping registration
1
2
Shipping Registration Act 1981
3
1 Subsection 3(1) (definition of Australian resident)
4
Repeal the definition, substitute:
5
Australian resident means a person who is a resident of Australia
6
for the purposes of the Income Tax Assessment Act 1936.
7
2 Subsection 3(1) (definition of foreign resident)
8
Omit "a resident of Australia.", substitute "an Australian resident.".
9
3 Subsection 3(1) (definition of resident of Australia or
10
Australian resident)
11
Repeal the definition.
12
4 Subsection 11A(1) (note)
13
Repeal the note.
14
5 Paragraph 15C(b)
15
Omit "; and", substitute "."
16
6 Paragraph 15C(c)
17
Repeal the paragraph.
18
7 Subsection 15F(3)
19
Repeal the subsection, substitute:
20
(3) The Registrar must refuse to register the ship in the International
21
Register as follows:
22
(a) if, on the day the application was made, there were fewer
23
than 3 months remaining in the financial year in which the
24
day occurred--the Registrar is not satisfied that the ship will
25
be used to engage in international trade on at least 90 days in
26
the following financial year;
27
(b) if, on the day the application was made, there were 3 months
28
or more remaining in the financial year in which the day
29
Schedule 2 Shipping registration
38
Shipping Legislation Amendment Bill 2015
No. , 2015
occurred--the Registrar is not satisfied that the ship will be
1
used to engage in international trade on at least the relevant
2
number of days for that financial year.
3
(3A) For the purposes of paragraph (3)(b), the relevant number of days,
4
for a financial year, is worked out by multiplying the number of
5
whole months remaining in that financial year by 7.5. If the result
6
of the multiplication is not a whole number, the result is rounded
7
down to the nearest whole number.
8
(3B) For the purposes of calculating the number of days a ship will be
9
used to engage in international trade, a day on which a passenger is
10
to be embarked or disembarked, or cargo is to be loaded or
11
unloaded, is included even if the ship is not underway on that day.
12
8 Paragraph 33A(1)(a)
13
After "Australian resident", insert ", or a person who holds a visa that
14
allows the person to work in Australia as a master or chief mate (as the
15
case requires),".
16
9 Paragraph 33A(1)(b)
17
After "Australian resident", insert ", or a person who holds a visa that
18
allows the person to work in Australia as a chief engineer or first
19
engineer (as the case requires),".
20
10 Subsection 33A(2)
21
After "resident", insert ", or a person who holds a visa that allows the
22
person to work in Australia as a master or chief engineer (as the case
23
requires)".
24
11 Paragraphs 33B(1)(c) and (d)
25
Repeal the paragraphs, substitute:
26
(c) during the financial year in which the cancellation will take
27
effect, the ship will not be used to engage in international
28
trade for:
29
(i) at least 90 days; or
30
(ii) if a relevant number of days requirement applies to the
31
ship for that financial year--at least the relevant number
32
of days; or
33
Shipping registration Schedule 2
No. , 2015
Shipping Legislation Amendment Bill 2015
39
(d) during a financial year preceding the financial year in which
1
the cancellation will take effect, the ship was not used to
2
engage in international trade for:
3
(i) at least 90 days; or
4
(ii) if a relevant number of days requirement applied to the
5
ship for that financial year--at least the relevant number
6
of days; or
7
12 After subsection 33B(1)
8
Insert:
9
(1A) For the purposes of paragraphs (1)(c) and (d), a relevant number
10
of days requirement applies to a ship for a financial year if:
11
(a) an application for registration of the ship was made in that
12
financial year; and
13
(b) when the application was made, there were 3 months or more
14
remaining in the financial year.
15
Schedule 3 Consequential amendments
40
Shipping Legislation Amendment Bill 2015
No. , 2015
Schedule 3
--Consequential amendments
1
2
Australian Maritime Safety Authority Act 1990
3
1 Paragraph 11(2)(e)
4
Omit "trading", substitute "shipping".
5
Coastal Trading (Revitalising Australian Shipping)
6
(Consequential Amendments and Transitional
7
Provisions) Act 2012
8
2 The whole of the Act
9
Repeal the Act.
10
Occupational Health and Safety (Maritime Industry) Act
11
1993
12
3 Section 4
13
Insert:
14
coastal shipping has the same meaning as in the Coastal Shipping
15
Act 2015.
16
coastal shipping permit has the same meaning as in the Coastal
17
Shipping Act 2015.
18
4 Section 4
19
Repeal the following definitions:
20
(a) definition of coastal trading;
21
(b) definition of emergency licence;
22
(c) definition of general licence.
23
5 Section 4 (subparagraph (a)(i) of the definition of
24
prescribed ship)
25
After "repealed", insert ", assuming paragraph 10(b) of that Act were
26
omitted".
27
Consequential amendments Schedule 3
No. , 2015
Shipping Legislation Amendment Bill 2015
41
6 Section 4 (definition of temporary licence)
1
Repeal the definition.
2
7 Subsection 6(3A)
3
Repeal the subsection, substitute:
4
(3A) This Act also applies to a prescribed ship that is used to engage in
5
coastal shipping under a coastal shipping permit.
6
Seafarers Rehabilitation and Compensation Act 1992
7
8 Section 3
8
Insert:
9
coastal shipping has the same meaning as in the Coastal Shipping
10
Act 2015.
11
coastal shipping permit has the same meaning as in the Coastal
12
Shipping Act 2015.
13
9 Section 3
14
Repeal the following definitions:
15
(a) definition of coastal trading;
16
(b) definition of emergency licence;
17
(c) definition of general licence.
18
10 Section 3 (subparagraph (a)(i) of the definition of
19
prescribed ship)
20
After "repealed", insert ", assuming paragraph 10(b) of that Act were
21
omitted".
22
11 Subsection 19(1AA)
23
Repeal the subsection, substitute:
24
(1AA) This Act also applies to the employment of employees on a
25
prescribed ship that is used to engage in coastal shipping under a
26
coastal shipping permit.
27
Schedule 3 Consequential amendments
42
Shipping Legislation Amendment Bill 2015
No. , 2015
Shipping Registration Act 1981
1
12 Subsection 3(1)
2
Insert:
3
coastal shipping has the same meaning as in the Coastal Shipping
4
Act 2015.
5
13 Subsection 3(1) (definition of coastal trading)
6
Repeal the definition.
7
14 Subsection 3(1) (definition of predominantly used to
8
engage in international trading)
9
Repeal the definition.
10
15 Paragraph 61AB(2)(a)
11
Omit "coastal trading", substitute "coastal shipping".
12