Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 78, 1990 as amended
Compilation start date: 1 July 2014
Includes amendments up to: Act No. 62, 2014
About this compilation
This compilation
This is a compilation of the Australian Maritime Safety Authority Act 1990 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 11 July 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
2A Main objects of this Act
3 Interpretation
4 Extension to external Territories
Part 2--Establishment, functions and powers of Authority
5 Establishment of Authority
6 Functions of Authority
7 Functions to be performed in accordance with international agreements
8 Directions
9 Reimbursement of cost of complying with directions
9A Minister may give Authority notices about its strategic direction etc.
9B Minister may direct Authority to give documents and information to nominee
9C Extra matters to be included in annual report
10 Powers of Authority
11 Disclosure of information
12 Consultation
Part 3--Constitution of Authority
13 Constitution of Authority
14 Period of appointment of members
15 Remuneration and allowances of members
16 Outside employment
17 Leave of absence
18 Acting appointments
20 Resignation
21 Termination of appointment
22 Meetings
23 Conduct of meetings
24 Resolutions without meetings
Part 4--Operation of Authority
25 Corporate plan
26 Minister's response to corporate plan
27 Performance indicators
Part 5--Finance
Division 1--General
30 Transfers of certain Commonwealth assets to Authority
31 Statutory transfer of land etc. to Authority
32 Effects of transfers from Commonwealth to Authority
33 Liabilities in respect of personnel
34 Money paid in advance to the Commonwealth
35 Rights in respect of services and facilities formerly provided by Department
36 Capital of Authority
37 Exemption from tax
39 Borrowings from Commonwealth
40 Borrowings otherwise than from Commonwealth
41 Guarantee of borrowings by Authority
42 Authority may give security
Division 2--Charges and levies
46 Interpretation
47 Charges for services and facilities
48 Payment of amounts of levy to Authority
Part 6--Chief Executive Officer, staff and consultants
49 Chief Executive Officer
50 Chief Executive Officer not to engage in other work
51 Remuneration and allowances of Chief Executive Officer
51A Leave of absence
52 Resignation
53 Term of office
54 Acting Chief Executive Officer
55 Staff of Authority
56 Consultants
Part 7--Miscellaneous
57 Delegation by Minister
58 Delegation by Authority
59 Substitution of Authority for Commonwealth in contracts etc.
60 Publication of directions
61 Regulations
Part 9--Transitional provisions
63 Actions etc. under provisions amended or repealed
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 2--Amendment history
Endnote 5--Uncommenced amendments [none]
Endnote 6--Modifications [none]
Endnote 7--Misdescribed amendments [none]
Endnote 8--Miscellaneous [none]
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Uncommenced amendments
Endnote 6--Modifications
Endnote 7--Misdescribed amendments
Endnote 8--Miscellaneous
If there is no information under a particular endnote, the word "none" will appear in square brackets after the endnote heading.
Abbreviation key--Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments--Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications--Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments--Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous--Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
Sch = Schedule(s) | |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) |
|
Endnote 3--Legislation history
Number and year | Assent | Commencement | Application, saving and transitional provisions | |
78, 1990 | 22 Oct 1990 |
| ||
Marine Navigation (Regulatory Functions) Levy Collection Act 1991 | 41, 1991 | 27 Mar 1991 | 1 July 1991 | -- |
101, 1991 | 27 June 1991 | Part 2 (ss. 4-6): 10 Dec 1991 (see Gazette 1991, No. S332) (a) | -- | |
Transport and Communications Legislation Amendment Act 1991 | 173, 1991 | 25 Nov 1991 | s. 56: (b) | -- |
Transport and Communications Legislation Amendment Act (No. 2) 1992 | 71, 1992 | 26 June 1992 | -- | |
Transport and Communications Legislation Amendment Act (No. 2) 1993 | 5, 1994 | 18 Jan 1994 | Schedule (item 9): 22 Oct 1990 (d) | -- |
88, 1995 | 20 July 1995 | s. 77: 6 Nov 1995 (see Gazette 1995, No. S423) (e) | -- | |
95, 1995 | 27 July 1995 | Schedule 1 (Part C [items 1-3, 6, | ||
as amended by |
|
|
|
|
152, 1997 | 24 Oct 1997 | Schedule 3 (items 30, 32): 27 July 1995 (g) | -- | |
43, 1996 | 25 Oct 1996 | Schedule 3 (item 4): 22 Oct 1990 (h) | -- | |
Transport Legislation Amendment (Search and Rescue Service) Act 1997 | 130, 1997 | 17 Sept 1997 | 1 Nov 1997 (see Gazette 1997, No. S438) | -- |
152, 1997 | 24 Oct 1997 | Schedule 2 (items 368-374): 1 Jan 1998 (see Gazette 1997, No. GN49) (i) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 203-206): 5 Dec 1999 (see Gazette 1999, No. S584) (j) | -- |
156, 1999 | 24 Nov 1999 | Schedule 10 (item 41): 13 Mar 2000 (see Gazette 2000, No. S114) (k) | -- | |
Transport Safety Investigation (Consequential Amendments) Act 2003 | 19, 2003 | 11 Apr 2003 | Schedule 1 (item 4): (l) | -- |
134, 2003 | 17 Dec 2003 | Schedules 1 and 2: 1 Mar 2004 (see Gazette 2004, No. GN8) | -- | |
8, 2005 | 22 Feb 2005 | Schedule 2 (items 51-55, 174): Royal Assent | Sch. 2 (item 174) | |
150, 2007 | 24 Sept 2007 | Schedule 2: | -- | |
20, 2009 | 26 Mar 2009 | Schedule 1 (item 69): 1 July 2009 | -- | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Schedule 6 (items 1, 27-31): 1 Jan 2011 | -- |
5, 2011 | 22 Mar 2011 | Schedule 5 (items 30-33) and Schedule 7 (item 22): 19 Apr 2011 | -- | |
46, 2011 | 27 June 2011 | Schedule 2 (items 189-194) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) | |
Shipping Registration Amendment (Australian International Shipping Register) Act 2012 | 54, 2012 | 21 June 2012 | Schedule 4 (item 1): 1 July 2012 | -- |
56, 2012 | 21 June 2012 | Schedule 1 (item 1): (m) | -- | |
82, 2012 | 28 June 2012 | Schedule 1 (items 24-26): 29 June 2012 | Sch. 1 (item 26) | |
Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012 | 122, 2012 | 12 Sept 2012 | Schedule 1: (n) | -- |
129, 2012 | 13 Sept 2012 | Schedule 2 (items 7-10): 1 July 2013 (see s. 2(1)) | -- | |
136, 2012 | 22 Sept 2012 | Schedule 6 (items 13, 14): Royal Assent | -- | |
62, 2014 | 30 June 2014 | Sch 7 (items 297-309): (o) | -- |
(a) The Australian Maritime Safety Authority Act 1990 was amended by Part 2 (sections 4-6) only of the Transport Legislation Amendment Act 1991, subsection 2(3) of which provides as follows:
(3) Part 2 and sections 3, 13, 14, 20 and 21 commence:
(a) on the same day as the Schedule to the Industrial Relations Legislation Amendment Act 1991 commences; or
(b) if that Schedule has commenced before the day on which this Act receives the Royal Assent--on the day on which this Act receives the Royal Assent.
(b) The Australian Maritime Safety Authority Act 1990 was amended by section 56 only of the Transport and Communications Legislation Amendment Act 1991, subsection 2(9) of which provides as follows:
(9) The amendment of subsection 48(1) of the Australian Maritime Safety Authority Act 1990 in the Schedule is taken to have commenced immediately after section 48 of that Act commenced.
Section 48 commenced on 1 January 1991.
(c) The Australian Maritime Safety Authority Act 1990 was amended by Part 3 (sections 7 and 8) only of the Transport and Communications Legislation Amendment Act (No. 2) 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(d) The Australian Maritime Safety Authority Act 1990 was amended by the Schedule (item 9) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(7) of which provides as follows:
(7) The amendment contained in item 9 of the Schedule is taken to have commenced on 22 October 1990.
(e) The Australian Maritime Safety Authority Act 1990 was amended by section 77 only of the Competition Policy Reform Act 1995, subsection 2(2) of which provides as follows:
(2) Part 3 commences on a day to be fixed by Proclamation. However, if Part 3 does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then it commences on the first day after the end of that period.
(f) The Australian Maritime Safety Authority Act 1990 was amended by Schedule 1 (Part C [items 1-20]) only of the Transport Legislation Amendment Act 1995 , subsections 2(3) and (4) of which provide as follows:
(3) The following provisions commence on the day on which this Act receives the Royal Assent or 1 July 1995, whichever is later:
(a) Part C of Schedule 1 (except items 4, 5 and 7);
(4) Items 4, 5 and 7 of Part C of Schedule 1 commence on the same day as the Financial Management and Accountability Act 1997.
(g) The Transport Legislation Amendment Act 1995 was amended by Schedule 3 (items 30 and 32) of the Audit (Transitional and Miscellaneous) Amendment Act 1997, paragraph (3)(h) of which provides as follows:
(h) the amendments of the Transport Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent.
(h) The Australian Maritime Safety Authority Act 1990 was amended by Schedule 3 (item 4) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(i) The Australian Maritime Safety Authority Act 1990 was amended by Schedule 2 (items
368-374) and Schedule 3 (item 3) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsections 2(2) and (3)(c) of which provide as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(3) Schedule 3 commences as follows :
(c) the amendments of the Australian Maritime Safety Authority Act 1990 commence on the day on which this Act receives the Royal Assent;
(j) The Australian Maritime Safety Authority Act 1990 was amended by Schedule 1 (items
203-206) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(k) The Australian Maritime Safety Authority Act 1990 was amended by Schedule 10 (item 41) only of the Corporate Law Economic Reform Program Act 1999 , subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(c) the items in Schedules 10, 11 and 12.
(l) Subsection 2(1) (item 2) of the Transport Safety Investigation (Consequential Amendments) Act 2003 provides as follows:
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
2. Schedule 1 | Immediately after the commencement of section 3 of the Transport Safety Investigation Act 2003 | 1 July 2003 ( see Gazette 2003, No. S229) |
(m) Subsection 2(1) (item 2) of the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 provides as follows:
(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.
Provision(s) | Commencement | Date/Details |
2. Schedules 1 and 2 | Immediately after the commencement of section 2 of the Coastal Trading (Revitalising Australian Shipping) Act 2012. | 1 July 2012 |
(n) Subsection 2(1) (item 2) of the Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012 provides as follows:
(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.
Provision(s) | Commencement | Date/Details |
2. Schedule 1 | Immediately after the commencement of section 3 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. | 1 July 2013 |
(o) Subsection 2(1) (item 6) of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 provides as follows:
(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.
Provision(s) | Commencement | Date/Details |
6. Schedules 6 to 12 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013 . | 1 July 2014 |
Provision affected | How affected |
Part 1 |
|
s. 2A.................... | ad. No. 95, 1995 |
| am. No. 130, 1997 |
s. 3..................... | am. No. 130, 1997; No. 5, 2011; Nos. 122 and 129, 2012; No 62, 2014 |
Part 2 |
|
Note to s. 5(2) ............. | ad. No. 152, 1997 |
| rs No 62, 2014 |
s. 6..................... | am. No. 71, 1992; No. 130, 1997; No. 19, 2003; No. 20, 2009 |
s 8..................... | am No 62, 2014 |
s. 9..................... | am. No. 95, 1995; |
s. 9A.................... | ad. No. 95, 1995 |
| am. No. 95, 1995 (as am. by No. 152, 1997); No 62, 2014 |
s. 9B.................... | ad. No. 95, 1995 |
| am No 62, 2014 |
s 9C.................... | ad No 62, 2014 |
s. 10.................... | am. No. 152, 1997 |
Note to s. 10(2) ............ | ad. No. 152, 1997 |
| rs No 62, 2014 |
s. 11.................... | rep. No. 152, 1997 |
| ad. No. 150, 2007 |
| am. No. 56, 2012 |
Part 3 |
|
s. 13.................... | am. No. 130, 1997; No. 122, 2012 |
s. 17.................... | rs. No. 101, 1991 |
| am. No. 146, 1999 |
s. 18.................... | am. No. 46, 2011 |
Notes to s. 18(1)-(3) ......... | ad. No. 46, 2011 |
s. 19.................... | rep. No. 152, 1997 |
s. 21.................... | am. No. 101, 1991; No. 95, 1995 (as am. by No. 152, 1997); No. 152, 1997; No. 156, 1999; No 62, 2014 |
Note to s 21(2)............. | ad No 62, 2014 |
am. No. 122, 2012 | |
Part 4 |
|
s. 25.................... | rs. No. 95, 1995 |
| am No 62, 2014 |
s. 26.................... | am. No. 5, 1994 |
| rs. No. 95, 1995 |
| am No 62, 2014 |
Heading to s. 27............ | am. No. 95, 1995 |
s. 27.................... | am. No. 95, 1995 |
s. 28.................... | rep. No. 152, 1997 |
s. 29.................... | rep. No. 95, 1995 |
Part 5 |
|
Division 1 |
|
s. 32.................... | am. No. 5, 2011 |
s. 37.................... | am. No. 95, 1995 |
s. 38.................... | rep. No. 95, 1995 |
s. 39.................... | am. No. 5, 2011 |
s. 41.................... | am. No. 8, 2005; No. 5, 2011; No 62, 2014 |
s. 43.................... | rep. No. 8, 2005 |
s. 44.................... | am. No. 95, 1995 |
| rep. No. 152, 1997 |
s. 45.................... | rep. No. 152, 1997 |
Division 2 |
|
s. 46.................... | am. Nos. 54 and 129, 2012 |
s. 47.................... | am. No. 88, 1995; No. 134, 2003; No. 103, 2010 |
s. 48.................... | am. Nos. 41 and 173, 1991; No. 82, 2012 |
Part 6 |
|
s. 51.................... | rs. No. 95, 1995 |
s. 51A................... | ad. No. 95, 1995 |
| am. No. 146, 1999 |
s. 54.................... | am. No. 46, 2011 |
Note to s. 54(1) ............ | ad. No. 46, 2011 |
s. 55.................... | rs. No. 95, 1995 |
Part 7 |
|
s. 57.................... | am. No. 146, 1999; No. 5, 2011; No. 82, 2012 |
s. 60.................... | am. No. 95, 1995 |
Part 8................... | rep. No. 136, 2012 |
s. 62.................... | rep. No. 136, 2012 |
s. 63.................... | am. No. 129, 2012 |
Schedule................. | am. No. 43, 1996 |
| rep. No. 136, 2012 |
Endnote 5--Uncommenced amendments [none]
Endnote 6--Modifications [none]
Endnote 7--Misdescribed amendments [none]
Endnote 8--Miscellaneous [none]