Commonwealth Numbered Acts

NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 76

76. After Part VA of the Principal Act the following Part is inserted:



"PART VB-OFF-SHORE INDUSTRY VESSELS AND
OFF-SHORE INDUSTRY MOBILE UNITS Extension to prescribed Territories

"283C. (1) This Part extends to every external Territory prescribed for the
purposes of section 8.



"(2) In sub-section (1), 'this Part' includes the regulations made by virtue
of this Part and the orders made in pursuance of those regulations.
Regulations with respect to off-shore industry vessels

"283D. (1) The regulations may make provision-

   (a)  for or in relation to giving effect to resolutions of the Inter-
        Governmental Maritime Consultative Organization with respect to
        off-shore industry vessels or classes of off-shore industry vessels;
        and

   (b)  in relation to off-shore industry vessels with respect to any matter
        with respect to which provision is made by this Act or may be made by
        regulations made otherwise than by virtue of this section.



"(2) The regulations may provide that a specified provision of this Act does
not apply, or applies with prescribed modifications, in relation to off- shore
industry vessels or a class of off-shore industry vessels.



"(3) Without limiting the generality of sub-section (1), regulations made for
the purposes of that sub-section may empower the Minister to make orders with
respect to any matter for or in relation to which provision may be made by the
regulations by virtue of this section.



"(4) Section 426 applies to orders made in pursuance of regulations made by
virtue of sub-section (1) of this section.



"(5) Nothing in this section shall be taken to authorize the making of
regulations affecting the operation of section 2, 8 or 8A. Regulations with
respect to off-shore industry mobile units

"283E (1) The regulations may make provision-

   (a)  for or in relation to giving effect to resolutions of the Inter-
        Governmental Maritime Consultative Organization with respect to
        off-shore industry mobile units or classes of off-shore industry
        mobile units;

   (b)  in relation to off-shore industry mobile units with respect to any
        matter with respect to which provision is made by this Act or may be
        made by regulations made otherwise than by virtue of this section; and

   (c)  for or in relation to any of the following matters, namely-

        (i)    the inspection and survey of off-shore industry mobile units,
               and the issue of survey certificates in respect of such units;

        (ii)   the construction, hull, equipment and machinery of off-shore
               industry mobile units;

        (iii)  the stability of off-shore industry mobile units;

        (iv)   accommodation on off-shore industry mobile units;

        (v)    safety in relation to off-shore industry mobile units,
               including life-saving equipment and appliances to be carried on
               such units;

        (vi)   the prevention, detection and extinction of fire on off-shore
               industry mobile units;

        (vii)  the prevention of collisions involving off-shore industry
               mobile units;

        (viii) the navigation (including towing) of off-shore industry mobile
               units;

        (ix)   the equipping of off-shore industry mobile units with radio
               installations and the operation, maintenance and use on off-
               shore industry mobile units of radio installations;

        (x)    the manning of off-shore industry mobile units;

        (xi)   the securing to the seabed of off-shore industry mobile units
               engaged in drilling, laying pipelines or other operations;

        (xii)  the providing of off-shore industry vessels for use in
               association with off-shore industry mobile units;

        (xiii) the transfer of persons and goods to or from off-shore industry
               mobile units, including the provision, maintenance and use of
               cranes and other lifting devices and equipment and helicopter
               landing facilities;

        (xiv)  the prevention of pollution, or other damage to the
               environment, by off-shore industry mobile units;

        (xv)   the carrying of an operating manual by off-shore industry
               mobile units;

        (xvi)  the carriage of dangerous goods on off-shore industry mobile
               units; and

        (xvii) the granting of exemptions, whether conditionally or
               unconditionally, to off-shore industry mobile units from any
               requirement of this Act.



"(2) The regulations may provide that a specified provision of this Act does
not apply, or applies with prescribed modifications, in relation to off-shore
industry mobile units or a class of off-shore industry mobile units.



"(3) Without limiting the generality of sub-section (1), regulations made for
the purposes of that sub-section may empower the Minister to make orders with
respect to any matter for or in relation to which provision may be made by the
regulations by virtue of this section.



"(4) Section 426 applies to orders made in pursuance of regulations made by
virtue of sub-section (1) of this section.



"(5) Section 2 does not have effect in relation to regulations made by virtue
of this section, or in relation to orders made by virtue of such regulations,
that make provision for or in relation to the providing of off-shore industry
vessels for use in association with off-shore industry mobile units.
Directions with respect to off-shore industry mobile units

"283F. (1) The Minister may, by notice in writing served on the master or
owner of an off-shore industry mobile unit, give directions with respect to
any matter for or in relation to which provision may be made by the
regulations by virtue of section 283E.



"(2) Directions given under sub-section (1) do not have effect to the extent
that they are inconsistent with regulations made by virtue of section 283E or
orders made in pursuance of those regulations.



"(3) If a direction given to the master or owner of an off-shore industry
mobile unit under sub-section (1) is not complied with, the master and owner
are each guilty of an offence punishable upon conviction by a fine not
exceeding $1,000. Off-shore industry vessels and mobile units not registered
in Australia deemed to be registered in Australia

"283G. (1) Subject to sub-section (2) and except where the contrary intention
appears, the provisions of this Act apply in relation to an off-shore industry
vessel, or an off-shore industry mobile unit, that is not registered in
Australia as if it were registered in Australia and were not registered in any
other country.



"(2) The Minister may, by instrument in writing, direct that, in relation to
an off-shore industry vessel, an off-shore industry mobile unit, a class of
off- shore industry vessels or a class of off-shore industry mobile units
specified in the direction, sub-section (1) does not have effect or does not
have effect in respect of a provision or provisions of this Act specified in
the direction.



"(3) A direction under sub-section (2)-

   (a)  is subject to such conditions (if any) as are specified in the
        direction; and

   (b)  may be confined to a particular period or to one or more particular
        voyages or operations.



"(4) If a condition that is applicable to an off-shore industry vessel, or an
off-shore industry mobile unit, by virtue of a direction under sub-section (2)
is contravened or not complied with, the master and owner of the ship are each
guilty of an offence punishable upon conviction by a fine not exceeding
$1,000. Personnel of off-shore industry vessels and mobile units not
passengers

"283H. (1) For the purposes of this Act, personnel carried on board an off-
shore industry vessel or off-shore industry mobile unit shall, except where
the contrary intention appears, be deemed not to be passengers on that ship.



"(2) In sub-section (1), 'personnel' means persons carried on board an
off-shore industry vessel or off-shore industry mobile unit with the knowledge
or consent of the owner, agent or master of the ship, other than-

   (a)  the master or any other member of the crew of the ship;

   (b)  a pilot;

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

   (d)  any person included in a class of persons prescribed for the purposes
        of this paragraph. Notices by Minister as to Inter-Governmental
        Maritime Consultative Organization resolutions

"283J. (1) The Minister may, by notice published in the Gazette, set out the
terms of a resolution of the Inter-Governmental Maritime Consultative
Organization with respect to-

   (a)  off-shore industry vessels or a class or classes of off-shore industry
        vessels; or

   (b)  off-shore industry mobile units or a class or classes of off-shore
        industry mobile units.



"(2) A notice in the Gazette purporting to be published under sub-section (1)
is, for all purposes, prima facie evidence of the matters declared in the
notice. Regulations, orders and directions inconsistent with
Petroleum (Submerged  Lands) Act 1967 , &c.

"283K. (1) Regulations made by virtue of sections 283D and 283E, orders made
in pursuance of those regulations and directions given under section 283F do
not have effect to the extent that they are inconsistent with the Petroleum 
(Submerged Lands) Act 1967 (including regulations made under that Act and
directions given under section 101 of that Act, but not including the
provisions of the laws of the States and the Northern Territory applied by
that Act) or with the Petroleum (Submerged Lands) Act of a State or the
Northern Territory (including regulations made, and directions given, under
such an Act, but not including the provisions of other laws of the State or
Territory, as the case may be, applied by such an Act).



"(2) The reference in sub-section (1) to the Petroleum (Submerged Lands) Act
of a State or the Northern Territory shall be construed as a reference to the
Act of the State or the Territory, as the case may be, relating to the
exploration for, and the exploitation of, the petroleum resources of submerged
land adjacent to the coast of that State or Territory.".