Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 75H

Vessels detained under section   69

  (1)   The laws specified in subsection   ( 3) (including regulations and other instruments made under those laws) do not apply in relation to a vessel at any time when the vessel is detained in exercise (or purported exercise) of powers under section   69.

Vessels used in exercise of powers under subsections   72(4) or (5)

  (2)   The laws specified in subsection   ( 3) (including regulations and other instruments made under those laws) do not apply in relation to a vessel at any time when the following paragraphs are satisfied:

  (a)   the vessel is being used in the exercise (or purported exercise) of powers under subsection   72(4) or (5), or the Commonwealth intends that the vessel is for use in the exercise of such powers;

  (b)   the vessel is specified in, or is included in a class of vessels specified in, a determination under subsection   ( 4) that is in force;

  (c)   if the determination states that it has effect, in relation to the vessel or class of vessels, only in specified circumstances--those circumstances exist;

  (d)   if the determination states that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods--the time is in that period, or one of those periods.

Note:   Paragraph   ( c) and (d) do not have to be satisfied unless the determination states as mentioned in those paragraphs.

The laws that are disapplied

  (3)   The laws that, because of subsection   ( 1) or (2), do not apply in relation to a vessel are:

  (a)   the Navigation Act 2012 ; and

  (b)   the Shipping Registration Act 1981 ; and

  (c)   the Marine Safety (Domestic Commercial Vessel) National Law.

Determinations of vessels and classes of vessels

  (4)   For the purpose of paragraph   ( 2)(b), the Minister may make a written determination specifying a vessel, or a class of vessels. The determination may also state either or both of the following:

  (a)   that it has effect, in relation to the vessel or class of vessels, only in specified circumstances;

  (b)   that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods.

  (5)   The Minister may, in writing, vary or revoke a determination made under subsection   ( 4).

  (6)   The only condition for the exercise of the power to make a determination under subsection   ( 4), or to vary a determination, is that the Minister thinks that it is in the national interest to make or vary the determination.

Note:   There are no conditions for the exercise of the power to revoke a determination.

  (7)   A determination under subsection   ( 4), or an instrument varying or revoking a determination, comes into force:

  (a)   unless paragraph   ( b) applies--when it is made; or

  (b)   if the determination or instrument specifies a later time as the time when it is to come into force--at that later time.

  (8)   A determination under subsection   ( 4) remains in force until whichever of the following occurs first:

  (a)   an instrument revoking the determination comes into force;

  (b)   if the determination is expressed to cease to be in force at a specified time--the time so specified.

  (9)   A determination under subsection   ( 4), or a variation or revocation of a determination, is not a legislative instrument.