Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 55, 2012
Compilation No. 5
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Coastal Trading (Revitalising Australian Shipping) Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Constitutional basis for Act
5 Simplified outline
Part 2--Interpretation
6 Definitions
7 Meaning of coastal trading
Part 3--Provisions relating to the application of this Act
8 Extension to Territories
9 Act to bind the Crown
10 Act does not apply to certain vessels
11 Minister may exempt certain vessels or persons
12 Application to vessels on intrastate voyages
Part 4--Licences
Division 1--General licences
Subdivision A--Application for, and grant of, general licences
13 Application for general licence
14 Application may be varied or withdrawn
15 Deciding applications
16 Grant of general licence
17 Application taken to be granted in certain circumstances
18 Issue of general licence
19 When general licence is in force
20 Refusal of application
Subdivision B--Conditions of general licences
21 Conditions imposed on all general licences
22 Additional conditions may be imposed by Minister
23 Breaching condition of general licence
Subdivision C--Renewal, cancellation and surrender of general licences
24 Renewal of general licence
25 Cancellation of general licence
26 Surrender of general licence
Subdivision D--Miscellaneous
27 Reporting requirements for general licences
Division 2--Temporary licences
Subdivision A--Application for, and grant of, temporary licences
28 Application for temporary licence
29 Application may be withdrawn
30 Publication and notification of application
31 Holder of general licence may give notice in response
32 Process if notice in response received
33 Comments by third parties
34 Minister to decide applications
35 Grant of temporary licence
36 Application taken to be granted in certain circumstances
37 Issue of temporary licence
38 When temporary licence is in force
39 Refusal of application
Subdivision B--Conditions of temporary licences
40 Conditions imposed on all temporary licences
41 Additional conditions may be imposed by Minister
42 Breaching condition of temporary licence
Subdivision C--Variation of matters authorised by temporary licences
43 Application to vary matters authorised by temporary licence
44 Application may be withdrawn
45 Consultation on proposed variation
46 Minister to decide application
47 Grant of variation to temporary licence
47A Application taken to be granted in certain circumstances
48 Issue of varied temporary licence
49 Refusal of application
Subdivision D--Variation of temporary licences to include new matters
50 Application of Subdivision
51 Application to vary temporary licence
52 Application may be withdrawn
53 Process for deciding application
54 Time for deciding application
55 Grant of variation to temporary licence
56 Application taken to be granted in certain circumstances
57 Issue of varied temporary licence
58 Refusal of application
Subdivision E--Cancellation and surrender of temporary licences
59 Cancellation of temporary licence
60 Surrender of temporary licence
Subdivision F--Miscellaneous
61 Voyage notification requirements for temporary licences
62 Reporting requirements for temporary licences
63 Inappropriate use of temporary licence
Division 3--Emergency licences
Subdivision A--Application for, and grant of, emergency licences
64 Application for emergency licence
65 Application may be varied or withdrawn
66 Deciding applications
67 Grant of emergency licence
68 Application taken to be granted in certain circumstances
69 Issue of emergency licence
70 When emergency licence is in force
71 Refusal of application
Subdivision B--Conditions of emergency licences
72 Conditions imposed on all emergency licences
73 Additional conditions may be imposed by Minister
74 Breaching condition of emergency licence
Subdivision C--Miscellaneous
74A Voyage notification requirements for emergency licences
75 Reporting requirements for emergency licences
Division 4--Miscellaneous
76 Requests for further information--general and emergency licence applications
77 Requests for further information--temporary licence applications
78 Basis on which licences granted
Part 5--Enforcement
Division 1--Requiring people to give information and produce documents or things
Subdivision A--Notices to give information or produce documents or things
79 Notice to give information or produce document or thing
80 Department may retain documents and things
Subdivision B--Offence and related provisions
81 Failure to comply with notice etc.
82 Self-incrimination etc.
Division 2--Civil penalty provisions
83 Engaging in coastal trading without licence
84 Breaching condition of exemption--vessels
85 Breaching condition of exemption--persons
Division 3--Civil penalty proceedings
Subdivision A--Obtaining a civil penalty order
86 Civil penalty orders
87 Civil enforcement of penalty
88 Conduct contravening more than one civil penalty provision
89 Multiple contraventions
90 Proceedings may be heard together
91 Civil evidence and procedure rules to apply
92 Contravening a civil penalty provision is not an offence
Subdivision B--Miscellaneous
93 Ancillary contravention of civil penalty provisions
94 Continuing contraventions of civil penalty provisions
95 Mistake of fact
96 State of mind
97 Civil penalty provisions contravened by employees, agents or officers
98 Civil penalty provisions contravened by executive officers
99 Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
Division 4--Infringement notices
100 Enforceable provisions
101 When an infringement notice may be given
102 Matters to be included in an infringement notice
103 Extension of time to pay amount
104 Withdrawal of an infringement notice
105 Effect of payment of amount
106 Effect of this Division
Part 6--Miscellaneous
Division 1--Review of decisions
107 Review by the Administrative Review Tribunal
Division 2--Appointment of authorised persons etc.
108 Appointment of authorised persons
109 Identity cards
Division 3--Disclosure of information
110 Disclosure of information by the Secretary
Division 4--Miscellaneous
111 Delegation
112 Customs treatment of certain vessels
113 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
55, 2012 | 21 June 2012 | 1 July 2012 |
| |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 85, 86): 12 Apr 2013 (s. 2(1)) | -- |
62, 2014 | 30 June 2014 | Sch 8 (items 56, 57) and Sch 14 (items 1-4): 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Energy Grants and Other Legislation Amendment (Ethanol and Biodiesel) Act 2015 | 81, 2015 | 26 June 2015 | Sch 1 (items 14, 25-28): 1 July 2015 (s 2(1) item 1) | Sch 1 (items 25-28) |
13, 2021 | 1 Mar 2021 | Sch 2 (items 201, 202): 1 Sept 2021 (s 2(1) item 5) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 12 (items 50-58): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 39, 2024 |
Part 2 |
|
s 6..................... | am No 13, 2013; No 62, 2014; No 81, 2015; No 13, 2021 |
Part 5 |
|
Division 3 |
|
Subdivision A |
|
s 86.................... | am. No 13, 2013; No 13, 2021 |
Part 4 |
|
Division 1 |
|
Subdivision C |
|
s 25.................... | am No 39, 2024 |
Division 2 |
|
Subdivision E |
|
s 59.................... | am No 39, 2024 |
Part 6 |
|
Division 1 |
|
s 107................... | am No 39, 2024 |
Division 3 |
|
s 110................... | am No 62, 2014 |