SHIPPING REGISTRATION AMENDMENT (AUSTRALIAN INTERNATIONAL SHIPPING REGISTER) BILL 2012

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 i

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--The Australian International Shipping Register

Part 1--Amendments

Shipping Registration Act 1981

Part 2--Application, saving and transitional provisions relating

to Part 1

Schedule 2--Seafarers

Shipping Registration Act 1981

Schedule 3--Enforcement

Shipping Registration Act 1981

Schedule 4--Other amendments

Australian Maritime Safety Authority Act 1990

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

Navigation Amendment Act 2011

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 1

A Bill for an Act to amend the shipping law, and

for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Shipping Registration Amendment

(Australian International Shipping Register) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Shipping Registration Amendment (Australian International Shipping Register) Bill 2012

No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s) 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. Schedules 1, 2

and 3

1 July 2012.

1 July 2012

3. Schedule 4,

items 1 to 5

1 July 2012.

1 July 2012

4. Schedule 4,

items 6 to 12

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

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.

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Schedule 1--The Australian International

Shipping Register

Part 1--Amendments

Shipping Registration Act 1981

1 Subsection 3(1)

Insert:

Australian General Shipping Register means the Register referred

to in subsection 56(1).

2 Subsection 3(1)

Insert:

Australian International Shipping Register means the Register

referred to in subsection 56(2).

3 Subsection 3(1)

Insert:

Australian resident: see resident of Australia.

4 Subsection 3(1)

Insert:

fixed fee, in respect of a matter, means a fee determined by the

Authority under section 47 of the Australian Maritime Safety

Authority Act 1990 in respect of the matter.

5 Subsection 3(1)

Insert:

General Register means the Australian General Shipping Register.

6 Subsection 3(1)

Insert:

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International Register means the Australian International Shipping

7 Subsection 3(1)

Insert:

predominantly used to engage in international trading: a ship is

predominantly used to engage in international trading if, in a

calendar year, the percentage of the time that the ship is used to

engage in international trading exceeds the percentage of the time

that the ship is used to engage in coastal trading or intra-State

trading.

8 Subsection 3(1) (definition of Register)

Repeal the definition.

9 Subsection 3(1) (definition of registered)

Repeal the definition, substitute:

registered means registered under this Act in:

(a) the General Register; or

(b) the International Register.

10 Subsection 3(1) (definition of registered agent)

Repeal the definition, substitute:

registered agent, in relation to a ship that is registered in the

General Register or International Register, means the person whose

name and address are entered in the relevant register in respect of

that ship under section 64.

11 Subsection 3(1)

Insert:

Registers means:

(a) the General Register; and

(b) the International Register.

12 Subsection 3(1)

Insert:

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relevant register, in relation to a ship, means:

(a) if the ship is, or is to be, registered in the General Register--

the General Register; and

(b) if the ship is, or is to be, registered in the International

13 Subsection 3(1)

Insert:

resident of Australia or Australian resident means an individual:

(a) whose permanent place of abode is in Australia, whether or

not he or she is from time to time temporarily absent from

Australia; or

(b) whose domicile is in Australia, unless his or her permanent

place of abode is outside Australia.

14 Subsection 3(1)

Insert:

ship entitled to be registered means:

(a) a ship that is required to be registered; or

(b) a ship that is permitted to be registered.

15 Subsection 3(1) (at the end of the definition of ship

permitted to be registered)

Add "or 15B".

16 Subsection 3(1)

Insert:

surveyor has the same meaning as in the Navigation Act.

17 Subsection 3(1)

Insert:

trading ship means a ship for use in connection with a commercial

activity, but does not include:

(a) a Government ship; or

(b) a fishing vessel; or

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Example: An example of a trading ship is a ship that is used wholly for the

carriage of passengers or cargo for hire or reward.

18 Subsections 3(3) and (4)

Repeal the subsections.

19 After section 3

Insert:

3A Effect of closure or cancellation of registration

If the registration of a ship is closed or cancelled under this Act,

the ship ceases to be registered.

20 Subsection 9(1)

After "paragraph 14(a), (b) or (c)", insert "or 15B(a), (b) or (c)".

21 Before section 12

Insert:

Subdivision A--Obligation to register Australian-owned ships

22 After subsection 12(3A)

Insert:

(3B) The owner does not commit an offence against subsection (3), and

the ship may not be detained under that subsection, if:

(a) the owner has made an application in accordance with

section 15 or 15C to register the ship; and

(b) the Registrar has not made a decision on the application

about whether to register the ship under section 15E or

subsection 15F(1).

(3C) The owner does not commit an offence against subsection (3), and

the ship may not be detained under that subsection, if:

(a) the owner has made an application in accordance with

section 15C to register the ship in the International Register;

and

(b) the Registrar has made a decision not to register the ship

under subsection 15F(1); and

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(c)

either:

(i) the Registrar has not notified the owner of the decision;

(ii) the owner has made an application under section 78A

for review of the Registrar's decision, and a decision

has not been made on the application.

(3D) The owner does not commit an offence against subsection (3), and

the ship may not be detained under that subsection, if:

(a) the Registrar has made a decision to cancel the registration of

the ship under section 33B; and

(b)

either:

(i) the Registrar has not notified the owner of the decision;

(ii) the owner has made an application under section 78A

for review of the Registrar's decision, and a decision

has not been made on the application.

23 After section 13

Insert:

Subdivision B--The General Register

24 Sections 14 and 15

Repeal the sections, substitute:

14 Ships that may be registered in the General Register

The following ships may be registered in the General Register:

(a)

Australian-owned

ships;

(b) small craft that are wholly owned by Australian residents, or

by Australian residents and Australian nationals;

by Australian nationals, or by both;

(d) ships that are on demise charter to Australian-based

operators.

15 Application for registration in the General Register

An application to register a ship in the General Register must:

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(a) be made in accordance with the regulations; and

(b) be accompanied by the fixed fee (if any) for the application.

25 Before section 16

Insert:

Subdivision C--The International Register

15A Objects of the International Register

The objects of the International Register are to:

(a) facilitate Australian participation in international trade; and

(b) provide an internationally competitive register to facilitate

the long term growth of the Australian shipping industry; and

maritime skills base and the Australian shipping industry.

15B Ships that may be registered in the International Register

The following ships may be registered in the International Register

if they are at least 24 metres in tonnage length:

(a) trading ships that are Australian-owned ships;

(b) trading ships that are wholly owned by Australian residents,

or by Australian residents and Australian nationals;

or by Australian nationals, or by both;

(d) trading ships that are on demise charter to Australian-based

operators.

15C Application for registration in the International Register

An application to register a ship in the International Register must:

(a) be made in accordance with the regulations; and

(b) be accompanied by the fixed fee (if any) for the application;

and

been made under section 11A.

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15D Pre-registration inspection

(1) If the Registrar receives an application under section 15C to

require that the ship be inspected by a surveyor for the purposes of

determining the application for registration.

(2) A surveyor may, at any reasonable time, go on board a ship and

inspect the ship for the purposes of subsection (1).

(3) However, a surveyor must not inspect a ship unless the fixed fee (if

any) for the inspection has been paid.

Subdivision D--Registration

15E Registration in the General Register

If an application under section 15 is made to register a ship in the

General Register, then, subject to sections 16 and 17, the Registrar

must register the ship in that register by entering in that register

such particulars relating to the ship as are prescribed by the

regulations.

15F Registration in the International Register

(1) If an application under section 15C is made to register a ship in the

International Register, then, subject to sections 16 and 17, the

Registrar may register the ship in that register by entering in that

regulations.

(2) When deciding under subsection (1) whether to register a ship in

the International Register, the Registrar must have regard to:

(a) the age of the ship; and

(b) information contained in the ship's port state control

inspection and report; and

(d) any inspection of the ship made by a surveyor under

section 15D; and

(e) any matter that the Registrar considers relevant; and

(f) any matter prescribed by the regulations.

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(3) The Registrar must refuse to register the ship in the International

(a) the ship will not be predominantly used to engage in

international trading; or

(b) a collective agreement has not been made between the owner

of the ship and the ship's seafarers' bargaining unit under

section 11A.

(4) The Registrar may refuse to register the ship in the International

to go on board or inspect the ship under section 15D.

(5) Subsections (3) and (4) do not limit the grounds on which the

Registrar may refuse to register a ship in the International Register.

(6) If the Registrar refuses to register a ship in the International

the applicant, specifying the reasons for the refusal.

26 Subsection 16(1)

Repeal the subsection, substitute:

(1) The Registrar must not register a ship in the General Register or

International Register unless and until a certificate relating to the

tonnage measurement of the ship issued under, or otherwise having

effect because of, the Navigation Act has been lodged with the

Registrar.

27 Section 17 (heading)

Repeal the heading, substitute:

17 No multiple registrations

28 Subsection 17(1)

Repeal the subsection, substitute:

(1) The Registrar must not:

(a) register a ship in the General Register if it is registered:

(i) in the International Register; or

(ii) under a law of a foreign country; and

(b) register a ship in the International Register if it is registered:

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(i) in the General Register; or

(ii) under a law of a foreign country.

29 Section 18

Repeal the section.

30 Section 19

Repeal the section, substitute:

19 Grant of registration certificate

(1) Upon the registration of a ship in the General Register or

International Register, the Registrar must grant a registration

certificate for the ship.

(2) The registration certificate must:

(a) be in the prescribed form; and

(b) contain the particulars relating to the ship that were entered

in the relevant register; and

31 Section 22B

After "section 15", insert "or 15C".

32 Paragraph 27(4)(a)

Omit "Register", substitute "relevant register".

33 Paragraph 30(1)(a)

After "paragraph 14(d)", insert "or ships registered by virtue of

section 15B".

34 At the end of Part II

Add:

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Division 5--Special provisions relating to the International

Register

Subdivision A--Conditions of registration in the International

Register

33A Conditions of registration in the International Register

(1) It is a condition of registration of a ship in the International

the ship must ensure that:

(a) an Australian national or Australian resident is the master or

chief mate of the ship; and

(b) an Australian national or Australian resident is the chief

engineer or first engineer of the ship.

Civil penalty:

300 penalty units.

(2) It is a condition of registration of a ship in the International

the ship must take reasonable steps to ensure that the positions of

master and chief engineer are occupied by a person who is an

Australian national or Australian resident.

Civil penalty:

300 penalty units.

(3) For the purposes of subsections (1) and (2), the person is:

(a) if the ship is registered because of paragraph 15B(a) or (b)--

the owner of the ship; and

(b) if the ship is registered because of paragraph 15B(c) or (d)--

the operator of the ship.

Subdivision B--Cancellation of registration in the International

Register

33B Cancellation of registration in the International Register

(1) The Registrar may cancel the registration of a ship in the

International Register if the Registrar is satisfied that:

(a) the ship is or has been involved in a contravention, either in

or outside of Australia, of:

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(i) this Act; or

(ii) the Navigation Act; or

(iii)

the

Protection of the Sea (Prevention of Pollution from

Ships) Act 1983; or

(iv) a law prescribed by the regulations; or

(b)

the

ship:

(i) is not seaworthy (within the meaning of section 207 of

the Navigation Act); or

(ii) is substandard (within the meaning of section 207A of

the Navigation Act); or

engage in international trading; or

(d) a collective agreement, made between the owner of the ship

and the ship's seafarers' bargaining unit under section 11A,

is not in force when the ship is used to engage in

international trading; or

(e) a prescribed ground for cancelling the registration applies to

the ship.

(2) If the Registrar cancels the registration of a ship in the

International Register, the Registrar must give written notice of the

decision to the owner, specifying the reasons for the cancellation.

(3) The regulations may prescribe requirements in relation to the

cancellation of registration under this section.

Subdivision C--Basis of registration in the International

Register

33C Basis of registration in the International Register

(1) A ship is registered in the International Register on the basis that:

(a) the registration may be closed under this Act; and

(b) the registration may be cancelled under section 33B; and

terminated or varied by or under later legislation; and

(d) no compensation is payable if the registration is closed,

cancelled, revoked, terminated or varied as mentioned in any

of the above paragraphs.

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(2) Subsection (1) does not, by implication, affect the interpretation of

any other provision of this Act.

35 Subsection 36(2A)

Omit "Register", substitute "relevant register".

36 Subparagraph 36(3)(b)(iii)

After "paragraph 14(b) or (c)", insert "or 15B(b) or (c)".

37 Subsection 37(1A)

Omit "Register", substitute "relevant register".

38 Sections 45 and 46

Omit "Register", substitute "relevant register".

39 Subsections 47A(1), (3) and (4)

Omit "Register", substitute "relevant register".

40 Subsection 47A(7)

Omit "Register" (wherever occurring), substitute "relevant register".

41 Subsection 47B(1)

Omit "Register" (wherever occurring), substitute "relevant register".

42 Subsection 47B(2)

Omit "Register", substitute "relevant register".

43 Section 47C

Omit "Register" (wherever occurring), substitute "relevant register".

44 Subsection 47D(1)

Omit "Register", substitute "relevant register".

45 Subsection 47D(2)

Omit "Register" (wherever occurring), substitute "relevant register".

46 Subsection 47D(3)

Omit "Register", substitute "relevant register".

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47 Subsection 48(1)

Omit "under the Authority, be responsible for the maintenance of the

responsible for the maintenance of the Registers".

48 Subsection 49(1)

Omit "Register" (wherever occurring), substitute "Registers".

49 Part V (heading)

Repeal the heading, substitute:

Part V--The Registers

50 Section 56

Repeal the section, substitute:

56 The Registers

(1) There is to be a register, to be known as the Australian General

Shipping Register.

(2) There is to be a register, to be known as the Australian

International Shipping Register.

(3) The Registers are not legislative instruments.

51 Section 57 (heading)

Repeal the heading, substitute:

57 Inspection of the Registers

52 Subsection 57(1)

Omit "Register", substitute "Registers".

53 Subsection 57(1) (note)

Repeal the note.

54 Subsection 57(2)

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Omit "Register has been maintained in electronic form, provide for it",

substitute "Registers have been maintained in electronic form, provide

for them".

55 Subsections 57(3), (4) and (5)

Repeal the subsections, substitute:

(3) A person may inspect the Registers at any reasonable time during

the hours when the Registration Office is open for business on

payment of the fixed fee (if any) for the inspection.

(4) A person is entitled to be provided with a copy of, or an extract

from, any entry in the Registers on payment of the fixed fee (if

any) for the copy or extract.

(5) If the Registrar has made provision for electronic inspection of the

Registers otherwise than at the Registration Office, a person may

electronically inspect the Registers and make a copy of any

electronic entry in the Registers on payment of the fixed fee (if

any) for the inspection and copy.

56 Section 58 (heading)

Repeal the heading, substitute:

58 Obsolete or incorrect entries in the Registers

57 Paragraph 58(1)(a)

Omit ", no entry or amendment of an entry has been made in the

International Register, no entry or amendment of an entry has been

made in the relevant register".

58 Subparagraphs 58(1)(b)(i) and (ii)

Omit "Register", substitute "relevant register".

59 Paragraph 58(2)(b)

Omit "Register", substitute "relevant register".

60 Subsection 58(2A)

Omit "Register", substitute "relevant register".

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61 Paragraph 58(3)(a)

Omit "Register", substitute "relevant register".

62 Section 59 (heading)

Repeal the heading, substitute:

59 Rectification of the Registers

63 Paragraphs 59(1)(a), (b), (c) and (d)

Omit "Register", substitute "General Register or International

64 Subsection 59(1)

Omit "rectification of the Register" (wherever occurring), substitute

"rectification of that register".

65 Subsection 59(2)

Omit "Register" (first occurring), substitute "General Register or

International Register".

66 Subsection 59(2)

Omit "the Register" (second and third occurring), substitute "that

67 Subsection 59(3)

Omit "Register", substitute "General Register or International

68 Subsection 59(5)

Omit "shall, upon receipt of the order, rectify the Register accordingly",

substitute "must, upon receipt of the order, rectify the General Register

or International Register accordingly".

69 Section 60 (heading)

Repeal the heading, substitute:

60 Correction of clerical errors in the Registers

70 Section 60

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Omit "Register", substitute "General Register or International

71 Section 61 (heading)

Repeal the heading, substitute:

61 False entries in the Registers

72 Section 61

Omit "Register", substitute "General Register or International

73 Section 62 (paragraph (b) of the definition of owner)

After "14(b)", insert "or 15B(b)".

74 Section 62 (paragraph (c) of the definition of owner)

Omit "or a ship registered by virtue of paragraph 14(d)", substitute ",

14(d), 15B(c) or 15B(d)".

75 Subsection 64(1)

Omit "shall be entered in the Register in respect of every registered

ship", substitute "must be entered in the General Register or

International Register, in respect of every ship registered in that

76 Paragraph 64(1)(a)

After "14(c)", insert "or 15B(c)".

77 Paragraph 64(1)(b)

After "14(d)", insert "or 15B(d)".

78 Subsection 64(1A)

Omit "section 15, the name and address of the first person to be the

registered agent of the ship shall be entered in the Register", substitute

"section 15 or 15C, the name and address of the first person to be the

registered agent of the ship must be entered in the relevant register".

79 Paragraph 64(2)(a)

Omit "Register", substitute "relevant register".

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80 Subsection 65(1)

Omit "Register" (wherever occurring), substitute "relevant register".

81 Subsection 65(6)

Omit "Register", substitute "relevant register".

82 Subsection 66(1)

Omit "if", substitute "If".

83 Paragraph 66(1)(a)

Repeal the paragraph, substitute:

(a) a ship registered in the General Register or International

(i) is lost (whether actually or constructively); or

(ii) is taken by an enemy; or

(iii) is burnt or broken up; or

(iv) ceases to be entitled to be registered in that register; and

84 Subsection 66(2)

Omit "Register", substitute "relevant register".

85 Subsection 66(3)

Omit "Register", substitute "relevant register".

86 Paragraph 66(3)(b)

After "registered", insert "in the relevant register".

87 Subsection 77(2)

Omit "Register" (first occurring), substitute "General Register or

International Register,".

88 Subsection 77(2)

Omit "Register" (last occurring), substitute "General Register or

International Register".

89 Section 78 (heading)

Repeal the heading, substitute:

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78 AAT review of certain decisions

90 After section 78

Insert:

78A Internal review of certain decisions

(1) An application may be made to the Chief Executive Officer of the

Authority for review of a decision made by the Registrar under:

(a) subsection 15F(1) (which is about the registration of ships in

the International Register); or

(b) subsection 33B(1) (which is about cancelling the registration

of ships in the International Register).

(2) The regulations may make provision for review under this section.

91 Paragraph 83(2)(c)

Omit "Register" (wherever occurring), substitute "Registers".

92 Paragraph 83(2)(d)

Omit "Register", substitute "Registers".

93 Paragraph 83(2)(f)

Omit "Register", substitute "General Register or International

94 Subparagraph 83(2)(t)(iv)

Omit "; and", substitute ";".

95 Subparagraph 83(2)(t)(v)

Repeal the subparagraph.

96 Subsection 83(5)

Repeal the subsection, substitute:

(5) The regulations may:

(a) provide for offences against the regulations; and

(b) provide for civil penalties for contraventions of the

regulations.

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Part 2 Application, saving and transitional provisions relating to Part 1

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Part 2--Application, saving and transitional

provisions relating to Part 1

97 Interpretation

In this Part:

commencement means the day this Schedule commences.

Registration Act means the Shipping Registration Act 1981.

98 Application of Part 1

(1)

The amendments made by Part 1 of this Schedule apply on and after

commencement in relation to:

(a) ships that are registered immediately before commencement;

and

(b) ships that are registered, or that are required or permitted to

be registered, on or after commencement.

(2)

In addition, the amendment made by item 22 applies on and after

commencement in relation to applications to register a ship that are

made before, on or after commencement.

99 Transitioning the Register, registration and certificates

(1)

The register known as the Australian Register of Ships that was in

existence under section 56 of the Registration Act immediately before

commencement continues in existence (and may be dealt with) as if it

were the Australian General Shipping Register referred to in subsection

56(1) of that Act (as amended by this Schedule).

(2)

If, immediately before commencement, a ship is registered in the

Australian Register of Ships under section 18 of the Registration Act,

then the registration of the ship continues in effect (and may be dealt

with) as if the ship were registered in the Australian General Shipping

(3)

A reference to "the Australian Register of Ships" in:

(a) a registration certificate granted before commencement under

section 19 or 21 of the Registration Act; or

(b) a provisional registration certificate granted before

commencement under section 21, 22 or 22A of the

Registration Act;

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is taken, on and after commencement, to be a reference to "the

Australian General Shipping Register".

100 Transitioning applications for registration

If, before commencement:

(a) an application had been made in accordance with section 15

of the Registration Act to register a ship; and

(b) the Registrar had not made a decision on the application;

then the application is taken to have been made in accordance with

section 15 of that Act (as amended by this Schedule).

101 Saving of regulations relating to registration

Regulations relating to applications for registration

(1)

Despite the repeal of section 15 of the Registration Act by item 24 of

this Schedule, regulations that:

(a) were made for the purposes of that section; and

(b) were in force immediately before commencement;

continue in force (and may be dealt with) as if they had been made for

the purposes of section 15 of that Act (as amended by this Schedule).

Regulations relating to entry of particulars in the Register

(2)

Despite the repeal of section 18 of the Registration Act by item 29 of

this Schedule, regulations that:

(a) were made for the purposes of that section; and

(b) were in force immediately before commencement;

continue in force (and may be dealt with) as if they had been made for

the purposes of section 15E of that Act (as amended by this Schedule).

Regulations relating to grant of registration certificate

(3)

Despite the repeal of section 19 of the Registration Act by item 30 of

this Schedule, regulations that:

(a) were made for the purposes of that section; and

(b) were in force immediately before commencement;

continue in force (and may be dealt with) as if they had been made for

the purposes of paragraph 19(2)(c) of that Act (as amended by this

Schedule).

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Part 2 Application, saving and transitional provisions relating to Part 1

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102 Saving of regulations providing for offences

Despite the repeal of subsection 83(5) of the Registration Act by

item 96 of this Schedule, regulations that:

(a) were made for the purposes of that subsection; and

(b) were in force immediately before commencement;

continue in force (and may be dealt with) as if they had been made for

the purposes of subsection 83(5) of that Act (as amended by this

Schedule).

103 Saving of other regulations

Despite the amendment of sections 37, 47A, 58 and 65 and subsection

83(2) of the Registration Act by this Schedule, regulations that:

(a) were made for the purposes of those provisions; and

(b) were in force immediately before commencement;

continue in force (and may be dealt with) as if they had been made for

the purposes of those provisions of that Act (as amended by this

Schedule).

104 Transitioning references to "the Register" in regulations

A reference to "the Register" in regulations that:

(a) were made for the purposes of a provision of the Registration

Act; and

(b) were in force immediately before commencement;

is taken, on and after commencement, to be a reference to "the relevant

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 25

Schedule 2--Seafarers

Shipping Registration Act 1981

1 Subsection 3(1)

Insert:

coastal trading has the same meaning as in the Coastal Trading

(Revitalising Australian Shipping) Act 2012.

2 Subsection 3(1)

Insert:

employee organisation means:

(a) an organisation registered under the Fair Work (Registered

Organisations) Act 2009; or

(b) an organisation recognised under a law of a foreign country

as entitled to represent the industrial interests of seafarers.

3 Subsection 3(1)

Insert:

harbour means a natural or artificial harbour, and includes an

estuary, navigable river, creek, channel, haven, roadstead, dock,

pier, jetty, offshore terminal or other place in or at which vessels

can obtain shelter or load and unload goods or embark and

disembark passengers.

4 Subsection 3(1)

Insert:

international trading has the meaning given by section 61AB.

5 Subsection 3(1)

Insert:

ITF template agreement means a standard form of agreement that:

(a) relates to the working conditions of seafarers; and

Schedule 2 Seafarers

26 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

(b) is formulated by the International Transport Workers'

Federation; and

Uniform Total Crew Cost Collective Agreement; and

(d) is available on the Authority's website, or is otherwise

available (without charge) from the Authority.

6 Subsection 3(1)

Insert:

intra-State trading: a ship is used to engage in intra-State trading

if, for or in connection with a commercial activity, the ship:

(a) takes on board passengers or cargo at a port in a State or

Territory; and

(b) carries those passengers or that cargo to another port in the

same State or Territory where:

(i) some or all of those passengers disembark; or

(ii) some or all of that cargo is unloaded.

7 Subsection 3(1)

Insert:

Navigation Act means the Navigation Act 1912.

8 Subsection 3(1) (definition of owner)

Repeal the definition, substitute:

owner of a ship:

(a) except in sections 8, 11A, 12, 30 and 58 and in Parts VA and

VI--means a person registered as owner in accordance with

the regulations; and

(b) in sections 8, 12, 30 and 58--has its ordinary meaning; and

Navigation Act; and

(d) in Part VI--has the meaning given by section 62.

9 Subsection 3(1)

Insert:

port includes a harbour.

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 27

10 Subsection 3(1)

Insert:

seafarer means any person who is employed or works in any

capacity on board a ship on the business of the ship, other than the

following:

(a)

pilot;

(b) an owner of the ship or a person representing the owner;

(d) special personnel (within the meaning of section 283 of the

Navigation Act) in relation to the ship;

(e) a person temporarily employed on the ship in port;

(f) a person prescribed by the regulations.

11 Subsection 3(1)

Insert:

seafarers' bargaining unit, for a ship, has the meaning given by

subsection 11A(2).

12 Section 11A

Repeal the section, substitute:

11A Collective agreement with the seafarers' bargaining unit

(1) The owner of a ship may make an agreement (a collective

agreement) with the seafarers' bargaining unit for the ship about

the terms and conditions of employment or engagement of all the

seafarers working on board the ship when it is used to engage in

international trading.

Note:

Before a ship can be registered in the International Register, the owner

of the ship must make a collective agreement under subsection (1): see

paragraph 15F(3)(b).

(2)

The

seafarers' bargaining unit for a ship is a body consisting of a

representative from each employee organisation that:

(a) has, as a member, one or more seafarers who will work on

the ship when it is used to engage in international trading;

and

Schedule 2 Seafarers

28 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

(b) is entitled to represent the industrial interests of those

seafarers in relation to that work; and

wishes to be a member of the body and has not withdrawn

that notice.

(3) The regulations may prescribe requirements in relation to the

making of a collective agreement under this section.

(4)

The

Fair Work Act 2009 does not apply in relation to the making

of a collective agreement under this section, and a collective

agreement under this section is not an enterprise agreement for the

purposes of that Act.

13 After Part V

Insert:

Part VA--Seafarers

Division 1--Core provision

61AA Application of this Part and other laws to certain ships

If a ship is registered in the International Register, then:

(a) this Part applies in relation to when the ship is used to engage

in international trading; and

(b)

the

Fair Work Act 2009 and the Seafarers Rehabilitation and

Compensation Act 1992 do not apply in relation to when the

ship is used to engage in international trading; and

(i) provides for workers' compensation; or

(ii) is prescribed by the regulations;

does not apply in relation to when the ship is used to engage

in international trading.

61AB When is a ship used to engage in international trading?

(1) A ship is used to engage in international trading if, for or in

connection with a commercial activity:

(a)

the

ship:

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 29

(i) takes on board passengers or cargo at one or more ports

in Australia; and

(ii) carries some or all of the passengers or cargo to one or

more ports in one or more foreign countries; or

(b)

the

ship:

(i) takes on board passengers or cargo at one or more ports

in one or more foreign countries; and

(ii) carries all of the passengers or cargo to one or more

ports in one or more countries (which could be the same

foreign country, another foreign country or Australia);

activity referred to in paragraph (a) or (b).

(2) However, a ship is not used to engage in international trading at

any time it is used to engage in:

(a) coastal trading; or

(b)

intra-State

trading.

Division 2--Work agreements

Subdivision A--Application of this Division

61AC Application of this Division

This Division applies to:

(a) a ship that is registered in the International Register; and

(b) a seafarer working, or proposing to work, on board the ship

when it is used to engage in international trading.

Subdivision B--Requirements that apply to work agreements

61AD Work agreement must comply with this Division

(1) In addition to the requirements of section 45A of the Navigation

Act that a work agreement of a seafarer must comply with, the

owner of the ship must ensure that the work agreement complies

with the requirements of this Division.

Civil penalty:

300 penalty units.

Schedule 2 Seafarers

30 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

(2) Subsection (1) applies to the extent that the agreement applies to

the seafarer while he or she is working on board the ship when it is

used to engage in international trading.

61AE Wages

(1) The work agreement must specify the amount of the seafarer's

wages, or the method for working that out.

(2) The amount of the wages must not be less than the relevant amount

of wages determined by the Minister under subsection (3).

(3) The Minister must, by legislative instrument, determine the amount

of wages of seafarers performing particular types of work.

(4) If, when making a determination under subsection (3):

(a) there is an ITF template agreement; and

(b) the ITF template agreement specifies an amount of wages of

seafarers performing particular types of work;

then the amount of wages determined by the Minister under

subsection (3) for a particular type of work must not be less than

the amount of wages specified in the ITF template agreement for

that type of work.

(5) If, after the Minister makes a determination under subsection (3),

the ITF template agreement changes, then as soon as is reasonably

practicable after becoming aware of that:

(a) the Minister must, by legislative instrument, revoke the

determination made under subsection (3); and

(b) the Minister must make a new determination under

subsection (3).

61AF Paid annual leave

(1) The work agreement must provide that the seafarer is entitled to at

least 2.5 days of paid annual leave for each month of service on

board the ship.

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 31

Calculating service

(2) For the purposes of subsection (1), a period of service by the

seafarer on board the ship is a period during which the seafarer is

employed or engaged in relation to the ship, but does not include:

(a) any period of unauthorised absence; or

(b) any period of unpaid leave.

Paid annual leave not to include other absences

(3) The work agreement must not provide that the seafarer is on paid

annual leave during any of the following periods:

(a) a period that is a public holiday in the Australian Capital

Territory;

(b) a period during which the seafarer is incapacitated for work

as a result of illness or injury;

work agreement.

61AG Dispute resolution procedure

(1) The work agreement must provide for a procedure for settling

disputes about any matters arising in relation to the agreement, this

Part or Part II of the Navigation Act.

(2) The procedure must:

(a) entitle the seafarer to make a complaint directly to the master

of the ship and, if the seafarer considers it necessary, to an

independent person or body specified in the agreement; and

(b) entitle the seafarer to be accompanied or represented by

another person during the complaint process; and

regulations.

Schedule 2 Seafarers

32 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Subdivision C--Effect of other agreements on the work

agreement

61AH Effect of collective agreement with the seafarers' bargaining

unit

(1) This section applies while a collective agreement made under

section 11A between the owner of the ship and the seafarers'

bargaining unit for the ship is in force.

(2) The work agreement referred to in section 45A of the Navigation

Act, to the extent that the work agreement applies to the seafarer

while he or she is working on board the ship when it is used to

engage in international trading, is taken to include the terms and

conditions of the collective agreement.

Note:

It does not matter whether the work agreement was made before or

after the collective agreement was made.

(3) However, a term or condition of the collective agreement that is

included in the work agreement because of subsection (2) has no

effect to the extent that it is less beneficial to the seafarer than

another term or condition of the work agreement.

61AI Effect of other agreements

(1) This section applies if:

(a) on or after the commencement of this section, the owner of

the ship makes an agreement with another person or persons

about the terms and conditions of employment or

engagement of one or more seafarers working on board the

ship when it is used to engage in international trading; and

(b) the agreement is not a work agreement referred to in

section 45A of the Navigation Act; and

section 11A.

(2) If the work agreement referred to in section 45A of the Navigation

Act incorporates any of the terms or conditions of the agreement

referred to in paragraph (1)(a), then those terms or conditions have

no effect to the extent that they apply to the seafarer while he or

she is working on board the ship when it is used to engage in

international trading.

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 33

Subdivision D--Enforcement of work agreement in relation to

wages and annual leave

61AJ Wages to be paid

The owner of the ship must ensure that any wages that are payable

to the seafarer under the seafarer's work agreement are paid to the

seafarer.

Civil penalty:

300 penalty units.

61AK Annual leave may be taken

The owner of the ship must ensure that the seafarer is entitled to

take any paid annual leave that the seafarer is entitled to take under

the seafarer's work agreement.

Civil penalty:

300 penalty units.

Division 3--Protection against victimisation of seafarers

61AL Protection against victimisation

(1) This section applies to:

(a) a ship that is registered in the International Register; and

(b) a seafarer who works, or a prospective seafarer who proposes

to work, on board the ship when it is used to engage in

international trading.

(2) A person must not victimise the seafarer because the seafarer:

(a) has made, proposes to make, or at any time has proposed to

make a complaint under the dispute resolution procedure in

the seafarer's work agreement (unless the complaint is

manifestly vexatious or maliciously made); or

(b) has refused to make, proposes to refuse to make, or at any

time has proposed to refuse to make a complaint under the

dispute resolution procedure in the seafarer's work

agreement; or

proposed to participate in collective bargaining; or

Schedule 2 Seafarers

34 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

(d) has refused to participate, proposes to refuse to participate, or

at any time has refused to participate in collective bargaining;

(e) has exercised, proposes to exercise, or at any time has

proposed to exercise the right to organise and to take

industrial action; or

(f) has refused to exercise, proposes to refuse to exercise, or at

any time has proposed to refuse to exercise the right to

organise and to take industrial action; or

(g) has joined, proposes to join, or at any time has proposed to

join an employee organisation; or

(h) has refused to join, proposes to refuse to join, or at any time

has proposed to refuse to join an employee organisation; or

(i) has participated, proposes to participate, or at any time has

proposed to participate in the activities of an employee

organisation; or

(j) has refused to participate, proposes to refuse to participate, or

at any time has proposed to refuse to participate in the

activities of an employee organisation; or

(k) has requested, proposes to request, or at any time has

proposed to request representation by an employee

organisation; or

(l) has refused, proposes to refuse, or at any time has proposed

to refuse representation by an employee organisation.

Civil penalty:

300 penalty units.

(3) For the purposes of subsection (2), a person victimises a seafarer if

the person:

(a) dismisses, or threatens or organises to dismiss, the seafarer;

(b) injures, or threatens or organises to injure, the seafarer in his

or her employment or engagement on board a ship; or

position of, the seafarer to the seafarer's prejudice; or

(d) discriminates, or threatens or organises to discriminate,

between the seafarer and other seafarers; or

(e) refuses, or threatens or organises to refuse, to employ the

seafarer on board a ship.

Seafarers Schedule 2

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 35

Division 4--Injury etc. of seafarers

61AM Compulsory insurance for death or long-term disability

(1) The owner of a ship that is registered in the International Register

must have a policy of insurance or indemnity that:

(a) insures or indemnifies the owner for any liability of the

owner to pay compensation for the death or long-term

disability suffered by a seafarer as a result of sickness or

injury occurring while on board the ship when it was engaged

in international trading; and

(b) provides a level of insurance or indemnity that is sufficient to

cover the amount of compensation that is determined by the

Minister under subsection (2).

Civil penalty:

300 penalty units.

(2) The Minister must, by legislative instrument, determine the amount

of compensation for the death or long-term disability suffered by a

seafarer as a result of sickness or injury occurring while on board

the ship when it was engaged in international trading.

(3)

If:

(a) there is an ITF template agreement; and

(b) the ITF template agreement specifies an amount of

compensation for the death or long-term disability of a

seafarer, or a method for working that out;

then the amount of compensation determined by the Minister under

subsection (2) for the death or long-term disability of a seafarer

must not be less than the amount of compensation specified in, or

worked out under, the ITF template agreement for the death or

long-term disability of the seafarer.

(4) If, after the Minister makes a determination under subsection (2),

the ITF template agreement changes, then as soon as is reasonably

practicable after becoming aware of that:

(a) the Minister must, by legislative instrument, revoke the

determination made under subsection (2); and

(b) the Minister must make a new determination under

subsection (2).

Schedule 2 Seafarers

36 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

61AN Liability for medical attendance etc.

(1) This section applies if the owner of a ship that is registered in the

International Register would, apart from subsection (2), be liable

under section 127 of the Navigation Act to pay expenses relating to

a hurt or injury received, disease contracted or illness suffered by a

seafarer while on board the ship when it was used to engage in

international trading.

(2) Any liability of the owner under that section ceases on the earlier

of the following days:

(a) the day after the seafarer has recovered;

(b) the day that is 16 weeks after the first day the seafarer

received the hurt or injury, contracted the disease or suffered

the illness.

61AO Liability for wages of sick or injured seafarers

(1) This section applies if the owner of a ship that is registered in the

International Register would, apart from subsection (2), be liable

under section 132 of the Navigation Act to pay wages to a seafarer

who is hurt or injured, or becomes ill, while on board the ship

when it was used to engage in international trading.

(2) Any liability of the owner under that section ceases on the earlier

of the following days:

(a) the day after the seafarer has recovered;

(b) the day that is 16 weeks after the first day the seafarer was

hurt or injured, or became ill.

Enforcement Schedule 3

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 37

Schedule 3--Enforcement

Shipping Registration Act 1981

1 Subsection 3(1)

Insert:

civil penalty order has the meaning given by subsection 61BA(4).

2 Subsection 3(1)

Insert:

civil penalty provision means a subsection, or a section that is not

divided into subsections, that has set out at its foot the words "civil

penalty" and one or more amounts in penalty units.

3 Subsection 3(1)

Insert:

relevant court, in relation to a matter, means any of the following

courts:

(a) the Federal Court of Australia;

(b) the Federal Magistrates Court;

that has jurisdiction in relation to the matter (see section 61BZD).

4 Before Part VI

Insert:

Schedule 3 Enforcement

38 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Part VB--Enforcement

Division 1--Civil penalty provisions

Subdivision A--Obtaining a civil penalty order

61BA Civil penalty orders

Application for order

(1)

The

Authority may apply to a relevant court for an order that a

person, who is alleged to have contravened a civil penalty

provision, pay a pecuniary penalty.

(2)

The

Authority must make the application within 6 years of the

alleged contravention.

Relevant court may order person to pay pecuniary penalty

(3) If the relevant court is satisfied that the person has contravened the

civil penalty provision, the relevant court may order the person to

pay such pecuniary penalty for the contravention as the relevant

court determines to be appropriate.

Note:

Subsection (5) sets out the maximum penalty that the relevant court

may order the person to pay.

(4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty

(5) The pecuniary penalty must not be more than:

(a) if the person is a body corporate--5 times the pecuniary

penalty specified for the civil penalty provision; and

(b) otherwise--the pecuniary penalty specified for the civil

penalty provision.

(6) In determining the pecuniary penalty, the relevant court may take

into account all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered because

of the contravention; and

Enforcement Schedule 3

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 39

(d) whether the person has previously been found by a court in

proceedings under one or more of the following Acts to have

engaged in any similar conduct:

(i)

this

Act;

(ii) the Navigation Act;

(iii)

the

Crimes Act 1914 or the Criminal Code in relation to

this Act.

61BB Civil enforcement of penalty

(1) A pecuniary penalty is a debt payable to the Authority on behalf of

the Commonwealth.

(2) The Authority may enforce a civil penalty order as if it were an

order made in civil proceedings against the person to recover a

debt due by the person. The debt arising from the order is taken to

be a judgement debt.

61BC Conduct contravening more than one civil penalty provision

(1) If conduct constitutes a contravention of 2 or more civil penalty

provisions, proceedings may be instituted under this Division

against a person in relation to the contravention of any one or more

of those provisions.

(2) However, the person is not liable to more than one pecuniary

penalty under this Division in relation to the same conduct.

61BD Multiple contraventions

(1) A relevant court may make a single civil penalty order against a

person for multiple contraventions of a civil penalty provision if

proceedings for the contraventions are founded on the same facts,

or if the contraventions form, or are part of, a series of

contraventions of the same or a similar character.

(2) However, the penalty must not exceed the sum of the maximum

penalties that could be ordered if a separate penalty were ordered

for each of the contraventions.

Schedule 3 Enforcement

40 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

61BE Proceedings may be heard together

A relevant court may direct that 2 or more proceedings for civil

penalty orders are to be heard together.

61BF Civil evidence and procedure rules for civil penalty orders

A relevant court must apply the rules of evidence and procedure

for civil matters when hearing proceedings for a civil penalty

order.

61BG Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

Subdivision B--Civil proceedings and criminal proceedings

61BH Civil proceedings after criminal proceedings

A relevant court may not make a civil penalty order against a

person for a contravention of a civil penalty provision if the person

has been convicted of an offence constituted by conduct that is the

same, or substantially the same, as the conduct constituting the

contravention.

61BI Criminal proceedings during civil proceedings

(1) Proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are commenced or have already been

commenced against the person for an offence; and

(b) the offence is constituted by conduct that is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) The proceedings for the order (the civil proceedings) may be

resumed if the person is not convicted of the offence. Otherwise,

the civil proceedings are dismissed.

Enforcement Schedule 3

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 41

61BJ Criminal proceedings after civil proceedings

Criminal proceedings may be commenced against a person for

conduct that is the same, or substantially the same, as conduct that

would constitute a contravention of a civil penalty provision,

regardless of whether a civil penalty order has been made against

the person in relation to the contravention.

61BK Evidence given in civil proceedings not admissible in criminal

proceedings

(1) Evidence of information given, or evidence of production of

documents, by an individual is not admissible in criminal

proceedings against the individual if:

(a) the individual previously gave the evidence or produced the

documents in proceedings for a civil penalty order against the

individual for an alleged contravention of a civil penalty

provision (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is the same, or

substantially the same, as the conduct alleged to constitute

the contravention.

(2) However, subsection (1) does not apply to criminal proceedings in

relation to the falsity of the evidence given by the individual in the

proceedings for the civil penalty order.

Subdivision C--Miscellaneous

61BL Ancillary contravention of civil penalty provisions

(1) A person must not:

(a) attempt to contravene a civil penalty provision; or

(b) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

a civil penalty provision; or

(d) be in any way, directly or indirectly, knowingly concerned in,

or party to, a contravention of a civil penalty provision; or

(e) conspire with others to effect a contravention of a civil

penalty provision.

Schedule 3 Enforcement

42 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Note:

Section 61BN (which provides that a person's state of mind does not

need to be proven in relation to a civil penalty provision) does not

apply to this subsection.

(2) A person who contravenes subsection (1) in relation to a civil

penalty provision is taken to have contravened the provision.

61BM Mistake of fact

(1) A person is not liable to have a civil penalty order made against the

person for a contravention of a civil penalty provision if:

(a) at or before the time of the conduct constituting the

contravention, the person:

(i) considered whether or not facts existed; and

(ii) was under a mistaken but reasonable belief about those

facts; and

(b) had those facts existed, the conduct would not have

constituted a contravention of the civil penalty provision.

(2) For the purposes of subsection (1), a person may be regarded as

having considered whether or not facts existed if:

(a) the person had considered, on a previous occasion, whether

those facts existed in the circumstances surrounding that

occasion; and

(b) the person honestly and reasonably believed that the

circumstances surrounding the present occasion were the

same, or substantially the same, as those surrounding the

previous occasion.

(3) A person who wishes to rely on a matter in subsection (1) or (2) in

proceedings for a civil penalty order bears an evidential burden in

relation to that matter.

61BN State of mind

(1) In proceedings for a civil penalty order against a person for a

contravention of a civil penalty provision (other than because of

subsection 61BL(1)), it is not necessary to prove:

(a) the person's intention; or

(b) the person's knowledge; or

(d) the person's negligence; or

Enforcement Schedule 3

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 43

(e) any other state of mind of the person;

other than as expressly provided.

(2) Subsection (1) does not affect the operation of section 61BM

(mistake of fact).

61BO Civil penalty provisions contravened by employees, agents or

officers

If an element of a civil penalty provision is done by an employee,

agent or officer of a body corporate acting within the actual or

apparent scope of his or her employment, or within his or her

actual or apparent authority, the element must also be attributed to

the body corporate.

61BP Continuing contraventions of civil penalty provisions

(1) If an act or thing is required under a civil penalty provision to be

done:

(a) within a particular period; or

(b) before a particular time;

then the obligation to do that act or thing continues until the act or

thing is done (even if the period has expired or the time has

passed).

(2) A person who contravenes a civil penalty provision that requires an

act or thing to be done:

(a) within a particular period; or

(b) before a particular time;

commits a separate contravention of that provision in respect of

each day during which the contravention occurs (including the day

the relevant civil penalty order is made or any later day).

Schedule 3 Enforcement

44 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Division 2--Infringement notices, voluntary enforceable

undertakings and injunctions

Subdivision A--Infringement notices

61BQ When an infringement notice may be given

(1) If the Authority has reasonable grounds to believe that a person has

contravened a civil penalty provision, the Authority may give to

the person an infringement notice for the alleged contravention.

(2) The infringement notice must be given within 12 months after the

day the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single

contravention of a single civil penalty provision unless

subsection (4) applies.

(4) The Authority may give a person a single infringement notice

relating to multiple contraventions of a single provision if:

(a) the provision requires the person to do a thing within a

particular period or before a particular time; and

(b) the person fails or refuses to do that thing within that period

or before that time; and

(d) each contravention is constituted by the failure or refusal on

one of those days.

Note:

For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

For continuing contraventions of civil penalty provisions, see

section 61BP of this Act.

61BR Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day it is given; and

(d) state the name of the person who gave the notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

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(ii) the maximum penalty a court could impose for the

contravention; and

(iii) the time (if known) and day of, and the place of, the

alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be

made; and

(h) state that, if the person to whom the notice is given pays the

amount within 28 days after the day the notice is given, then

(unless the notice is withdrawn):

(i) if the provision is an offence provision and does not also

constitute a civil penalty provision--the person will not

be liable to be prosecuted in a court for the alleged

contravention; or

(ii) if the provision is an offence provision that can also

constitute a civil penalty provision--the person is not

liable to be prosecuted in a court, and proceedings

seeking a civil penalty order will not be brought, in

relation to the alleged contravention; or

(iii) if the provision is a civil penalty provision--

proceedings seeking a civil penalty order will not be

brought in relation to the alleged contravention; and

(i) state that payment of the amount is not an admission of guilt

or liability; and

(j) state that the person may apply to the Authority to have the

period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if

the person does so:

(i) if the provision is an offence provision and does not also

constitute a civil penalty provision--the person may be

prosecuted in a court for the alleged contravention; or

(ii) if the provision is an offence provision and can also

constitute a civil penalty provision--the person may be

prosecuted in a court, or proceedings seeking a civil

penalty order may be brought, in relation to the alleged

contravention; or

(iii) if the provision is a civil penalty provision--

proceedings seeking a civil penalty order may be

brought in relation to the alleged contravention; and

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46 Shipping Registration Amendment (Australian International Shipping Register) Bill

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(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn:

(i) if the provision is an offence provision and does not also

constitute a civil penalty provision--the person may be

prosecuted in a court for the alleged contravention; or

(ii) if the provision is an offence provision and can also

constitute a civil penalty provision--the person may be

prosecuted in a court, or proceedings seeking a civil

penalty order may be brought, in relation to the alleged

contravention; or

(iii) if the provision is a civil penalty provision--

proceedings seeking a civil penalty order may be

brought in relation to the alleged contravention; and

(n) state that the person may make written representations to the

Authority seeking the withdrawal of the notice.

(2) For the purposes of paragraph (1)(f), the amount to be stated in the

notice for the alleged contravention of the provision must be equal

to one-fifth of the maximum penalty that the court could impose on

the person for that contravention.

61BS Extension of time to pay amount

(1) A person to whom an infringement notice has been given may

apply to the Authority for an extension of the period referred to in

paragraph 61BR(1)(h).

(2) If the application is made before the end of that period, the

Authority may, in writing, extend that period. The Authority may

do so before or after the end of that period.

(3) If the Authority extends that period, a reference in this Division, or

in a notice or other instrument under this Division, to the period

referred to in paragraph 61BR(1)(h) is taken to be a reference to

that period so extended.

(4) If the Authority does not extend that period, a reference in this

Division, or in a notice or other instrument under this Division, to

the period referred to in paragraph 61BR(1)(h) is taken to be a

reference to the period that ends on the later of the following days:

(a) the day that is the last day of the period referred to in

paragraph 61BR(1)(h);

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(b) the day that is 7 days after the day the person was given

notice of the Authority's decision not to extend.

(5) The Authority may extend the period more than once under

subsection (2).

61BT Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may

make written representations to the Authority seeking the

withdrawal of the notice.

Withdrawal of notice

(2) The Authority may withdraw an infringement notice given to a

person (whether or not the person has made written representations

seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice

(the relevant infringement notice), the Authority:

(a) must take into account any written representations seeking

the withdrawal that were given by the person to the

Authority; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the

person for a contravention of a civil penalty provision;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an

earlier infringement notice, for a contravention of a civil

penalty provision if the contravention is constituted by

conduct that is the same, or substantially the same, as

the conduct alleged to constitute the contravention in the

relevant infringement notice;

(iv) any other matter the Authority considers relevant.

Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given

to the person. The withdrawal notice must state:

(a) the person's name and address; and

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48 Shipping Registration Amendment (Australian International Shipping Register) Bill

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(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e)

that:

(i) if the provision is an offence provision and does not also

constitute a civil penalty provision--the person may be

prosecuted in a court for the alleged contravention; or

(ii) if the provision is an offence provision and can also

constitute a civil penalty provision--the person may be

prosecuted in a court, or proceedings seeking a civil

penalty order may be brought, in relation to the alleged

contravention; or

(iii) if the provision is a civil penalty provision--

proceedings seeking a civil penalty order may be

brought in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

(5)

If:

(a) the Authority withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to

the amount paid.

61BU Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged

contravention of a civil penalty provision is given pays the amount

stated in the notice before the end of the period referred to in

paragraph 61BR(1)(h), then:

(a) any liability of the person for the alleged contravention is

discharged; and

(b)

either:

(i) if the provision is an offence provision--the person may

not be prosecuted in a court for the alleged

contravention; or

(ii) if the provision is a civil penalty provision--

proceedings seeking a civil penalty order may not be

brought against the person in relation to the alleged

contravention; and

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for the alleged contravention; and

(d) if the provision is an offence provision--the person is not

regarded as having been convicted of the alleged offence.

(2) Subsection (1) does not apply if the notice has been withdrawn.

61BV Effect of this Division

This Division does not:

(a) require an infringement notice to be given to a person for an

alleged contravention of a civil penalty provision; or

(b) affect the liability of a person for an alleged contravention of

a civil penalty provision if:

(i) the person does not comply with an infringement notice

given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the

contravention; or

(iii) an infringement notice is given to the person for the

contravention and is subsequently withdrawn; or

person for an alleged contravention of a civil penalty

provision; or

(d) limit the court's discretion to determine the amount of a

penalty to be imposed on a person who is found to have

contravened a civil penalty provision.

Subdivision B--Enforceable undertakings

61BW Acceptance of undertakings

(1) The Authority may accept any of the following undertakings:

(a) a written undertaking given by a person that the person will,

in order to comply with a civil penalty provision, take

specified action;

(b) a written undertaking given by a person that the person will,

in order to comply with a civil penalty provision, refrain from

taking specified action;

take specified action directed towards ensuring that the

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50 Shipping Registration Amendment (Australian International Shipping Register) Bill

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person does not contravene a civil penalty provision, or is

unlikely to contravene such a provision, in the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

(3) The person may withdraw or vary the undertaking at any time, but

only with the written consent of the Authority.

(4) The consent of the Authority is not a legislative instrument.

(5) The Authority may, by written notice given to the person, cancel

the undertaking.

61BX Enforcement of undertakings

(1)

If:

(a) a person has given an undertaking under section 61BW; and

(b) the undertaking has not been withdrawn or cancelled; and

undertaking;

the Authority may apply to a relevant court for an order under

subsection (2).

(2) If the relevant court is satisfied that the person has breached the

undertaking, the court may make any or all of the following orders:

(a) an order directing the person to comply with the undertaking;

(b) an order directing the person to pay to the Commonwealth an

amount up to the amount of any financial benefit that the

person has obtained directly or indirectly and that is

reasonably attributable to the breach;

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the court considers appropriate.

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Subdivision C--Injunctions

61BY Grant of injunctions

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in

conduct in contravention of a civil penalty provision, a relevant

court may, on application by the Authority, grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court's opinion, it is desirable to do so--requiring

the person to do a thing.

Performance injunctions

(2)

If:

(a) a person has refused or failed, or is refusing or failing, or is

proposing to refuse or fail, to do a thing; and

(b) the refusal or failure was, is or would be a contravention of a

civil penalty provision;

the court may, on application by the Authority, grant an injunction

requiring the person to do that thing.

61BZ Interim injunctions

Grant of interim injunctions

(1) Before deciding an application for an injunction under

section 61BY, a relevant court may grant an interim injunction:

(a) restraining a person from engaging in conduct; or

(b) requiring a person to do a thing.

No undertakings as to damages

(2) The court must not require an applicant for an injunction under

section 61BY to give an undertaking as to damages as a condition

of granting an interim injunction.

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61BZA Discharging or varying injunctions

A relevant court may discharge or vary an injunction granted by

that court under this Division.

61BZB Certain limits on granting injunctions not to apply

Restraining injunctions

(1) The power of a relevant court under this Division to grant an

injunction restraining a person from engaging in conduct may be

exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of that

kind; and

(b) whether or not the person has previously engaged in conduct

of that kind; and

damage to any other person if the person engages in conduct

of that kind.

Performance injunctions

(2) The power of a relevant court under this Division to grant an

injunction requiring a person to do a thing may be exercised:

(a) whether or not it appears to the court that the person intends

to refuse or fail again, or to continue to refuse or fail, to do

that thing; and

(b) whether or not the person has previously refused or failed to

do that thing; and

damage to any other person if the person refuses or fails to do

that thing.

61BZC Other powers of a relevant court unaffected

The powers conferred on a relevant court under this Division are in

addition to, and not instead of, any other powers of the court,

whether conferred by this Act or otherwise.

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Division 3--Civil jurisdiction of courts

61BZD Civil jurisdiction of courts

(1) Jurisdiction is conferred on a court referred to in an item in the

following table in relation to civil matters arising under this Part,

subject to the limits on the court's jurisdiction (if any) specified in

the item:

Civil jurisdiction of courts

Item

Court on which civil jurisdiction is

conferred

Limits of jurisdiction

The Federal Court of Australia

No specified limits.

The Federal Magistrates Court

No specified limits.

A superior court, or lower court, of a

State or Territory

The court's general jurisdictional

limits, including limits as to locality

and subject matter.

(2) Jurisdiction is conferred on the courts of a Territory only to the

extent that the Constitution permits.

(3) Section 15C of the Acts Interpretation Act 1901 does not apply to

civil proceedings under this Part.

Schedule 4 Other amendments

54 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Schedule 4--Other amendments

Australian Maritime Safety Authority Act 1990

1 Section 46 (at the end of the definition of charge)

Add:

; or (d) a fee in respect of a matter referred to in section 15, 15C,

15D or 57 of the Shipping Registration Act 1981.

Marine Navigation (Regulatory Functions) Levy Collection

Act 1991

2 Section 3

Insert:

Australian International Shipping Register has the same meaning

as in the Shipping Registration Act 1981.

3 Section 3 (definition of sea-going ship)

Repeal the definition, substitute:

sea-going ship means:

(a) a ship which, in the course of a voyage to or from an

Australian port, passes a marine navigational aid under the

control of the Commonwealth; or

(b) a ship that is registered in the Australian International

Shipping Register.

4 Subsection 6(3)

Omit "or (2)", substitute ", (2) or (4A)".

5 After subsection 6(4)

Insert:

(4A) Levy in respect of a ship that is registered in the Australian

International Shipping Register is payable on the first day of each

quarter.

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Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

, 2012 55

Navigation Amendment Act 2011

6 Subsection 2(1) (table item 2)

Repeal the item, substitute:

2. Schedule 1,

item 1

1 July 2012.

1 July 2012

2A. Schedule 1,

items 2 and 3

A single day to be fixed by Proclamation.

A Proclamation must not specify a day that

occurs before the day the Maritime Labour

Convention, 2006, done at Geneva on

23 February 2006, comes into force for

Australia.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day the Convention comes

into force for Australia, they commence on

the day after the end of that period. If the

provision(s) commence in this way, the

Minister must announce by notice in the

Gazette the day the provision(s)

commenced. The notice is not a legislative

instrument.

2B. Schedule 1,

items 3A to 33

1 July 2012.

1 July 2012

2C. Schedule 1,

items 34 to 40

At the same time as the provision(s) covered

by table item 2A.

2D. Schedule 1,

items 41 and 42

1 July 2012.

1 July 2012

2E. Schedule 1,

items 43 and 44

At the same time as the provision(s) covered

by table item 2A.

2F. Schedule 1,

item 45

1 July 2012.

1 July 2012

2G. Schedule 1,

items 46 and 47

At the same time as the provision(s) covered

by table item 2A.

2H. Schedule 1,

item 48

1 July 2012.

1 July 2012

2J. Schedule 1,

items 49 to 57

At the same time as the provision(s) covered

by table item 2A.

2K. Schedule 1,

1 July 2012.

1 July 2012

Schedule 4 Other amendments

56 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

items 58 to 62

2L. Schedule 1,

items 63 to 72

At the same time as the provision(s) covered

by table item 2A.

2M. Schedule 1,

item 73

1 July 2012.

1 July 2012

2N. Schedule 1,

items 74 to 77

At the same time as the provision(s) covered

by table item 2A.

2P. Schedule 1,

items 78 to 79A

1 July 2012.

1 July 2012

7 After item 3 of Schedule 1

Insert:

3A Subsection 6(1)

Insert:

owner of a ship means:

(a) if paragraph (b) does not apply--the owner of the ship; and

(b) if a person has assumed responsibility for the ship from the

owner and agreed to take over all the duties and

responsibilities of the owner that are imposed by this Act--

that person.

3B Subsection 6(4)

Repeal the subsection.

8 Item 4 of Schedule 1

Repeal the item, substitute:

4 Division 8 of Part II (heading)

Repeal the heading, substitute:

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Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

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Division 8--Engagement of seamen and masters etc.

Subdivision A--Work agreements

45A Work agreements

Requirement that seaman have a work agreement

(1) A person commits an offence if:

(a) the person is the master or owner of a ship; and

(b) the master takes the ship to sea; and

(d) when the ship is taken to sea, a work agreement that complies

with this section is not in force in relation to the seaman.

Penalty: 20 penalty units.

When a work agreement complies with this section

(2) A work agreement complies with this section if the work

agreement is in accordance with any regulations made for the

purposes of subsection (3).

Regulations about work agreements

(3) The regulations may prescribe matters relating to work agreements

including, but not limited to, the following:

(a) the content and form of work agreements (including terms

and conditions about the amount of wages and paid annual

leave);

(b) the right of a seaman to review, and seek advice on, a work

agreement before signing it;

(d) the information or documents that must be given to, or made

available to, seamen in relation to work agreements and the

manner in which such information or documents must be

given or made available;

(e) the termination of work agreements.

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58 Shipping Registration Amendment (Australian International Shipping Register) Bill

2012 No. , 2012

Definitions

(4) In this section:

agreement has its ordinary meaning.

seaman includes the master of a ship.

work agreement means an agreement that is made between a

seaman and the owner of a ship.

Subdivision B--Articles of agreement etc.

9 Item 6 of Schedule 1

Repeal the item.

10 Items 11 and 21 of Schedule 1

Repeal the items.

11 Items 61 and 62 of Schedule 1

Repeal the items, substitute:

61 After subsection 190AA(2)

Insert:

(2AA) The powers of a surveyor under subsection (1) extend to:

(a) the inspection of a ship for the purpose of ascertaining

whether the ship complies with such of the provisions of:

(i) this Act, the regulations and orders; and

(ii) Part VA of the Shipping Registration Act 1981;

relating to the working and living conditions of the seamen

on board the ship and of the master of the ship as apply to the

ship; and

(b) requiring the production to the surveyor of any document

relating to those conditions.

(2AB) The powers of a surveyor under subsection (1) extend to:

(a) the inspection of a ship for the purpose of ascertaining

whether the ship complies with section 33A of the Shipping

Registration Act 1981 (which is about registration conditions

for certain ships); and

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Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 No.

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(b) requiring the production to the surveyor of any document

relating to compliance with that section.

(2AC) Subsections (2), (2AA) and (2AB) do not limit subsection (1).

62 Subsection 190AA(2A)

Omit "or (2)", substitute ", (2), (2AA) or (2AB)".

12 At the end of Part 1 of Schedule 1

Add:

79A Application of items that commence on 1 July 2012

(1)

The amendments made by the items of this Schedule that commence on

1 July 2012 (see the commencement table in section 2) apply, on and

after that day, in relation to ships that are registered in the Australian

International Shipping Register (within the meaning of the Shipping

Registration Act 1981).

(2)

The amendments made by those items also apply, on and after

1 January 2013, in relation to ships that are registered in the Australian

General Shipping Register (within the meaning of that Act).

Commonwealth of Australia Bills

SHIPPING REGISTRATION AMENDMENT (AUSTRALIAN INTERNATIONAL SHIPPING REGISTER) BILL 2012