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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 153
Darwin
Port Corporation Legislation Amendment Bill
2011
Ms
Lawrie
A Bill for an Act to amend the Darwin Port Corporation Act and Marine Act
NORTHERN TERRITORY OF AUSTRALIA
DARWIN PORT CORPORATION LEGISLATION AMENDMENT ACT 2011
____________________
Act No. [ ] of 2011
____________________
Table of provisions
Division 4 Harbourmaster
25 Appointment of harbourmaster
26 Functions and powers of harbourmaster
26A Technical and safety standards for pilotage and provision of pilotage services
26B Annual report of harbourmaster
26C Independent role of harbourmaster
26D Vacating office of harbourmaster
26E Suspension or termination of office of harbourmaster
26F Acting harbourmaster
26G Delegation
by
harbourmaster
39 Suspension
or cancellation of licence and variation or imposition of licence
conditions
49 Regulations
Part
7 Transitional matters
for Darwin Port Corporation Legislation Amendment Act 2011
52 Application
of
amendments
166 Procedure
on entering compulsory pilotage
area
171 Issue
and renewal of pilotage licence and pilotage exemption
certificate
181 Appeals
of decisions under this Division
Division
4A Pilotage services
for Port of Darwin
181A Definitions
181B Minister may appoint pilotage services provider for Port of Darwin
181C Darwin Port Corporation taken to be appointed
181D Offences
181E Provision of pilotage services by appointed pilotage services provider
181F Termination and suspension of appointment and variation of conditions of appointment
181G Regulations
may provide for other matters about
appointment
184 Pilotage
services for other pilotage areas
Part
10 Transitional
matters for Darwin Port Corporation Legislation Amendment Act 2011
212 Application
of amendments
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2011
____________________
An Act to amend the Darwin Port Corporation Act and Marine Act
[Assented to [ ] 2011]
[Second reading [ ] 2011]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Darwin Port Corporation Legislation Amendment Act 2011.
This Act commences on the date fixed by the Administrator by Gazette notice.
Part
2 Amendment of Darwin Port Corporation
Act
3 Act
amended
This Part amends the Darwin Port Corporation Act.
(1) Section 5(1)
omit
, unless the contrary intention appears
(2) Section 5(1), definition harbourmaster
omit
(3) Section 5(1)
insert (in alphabetical order)
harbourmaster means the person holding or occupying the office of harbourmaster mentioned in section 25.
pilotage services means the service of providing pilots to conduct pilotage in relation to a vessel and related services.
Tribunal, see section 7(1) of the Marine Act.
(4) Section 5(1), definition place, paragraph (a), at the end
insert
and
(5) Section 5(1), definitions port facilities, paragraphs (a) to (c) and undesirable substance, paragraphs (a) to (c), at the end
insert
or
(6) Section 5(2)
omit
the purposes of
(7) Section 5(2)
omit
notice in the Gazette
insert
Gazette notice
(1) Section 16(1)(a) to (c) and (2)(a)(i) to (xvi) and (b)(i) and (ii), at the end
insert
and
(2) Section 16(2)(a)(vi), after "provide"
insert
pilotage services in accordance with Part 7, Division 4A of the Marine Act if the Port Corporation is the appointed pilotage services provider as defined in section 181A of that Act
(3) Section 16(2)(a)(xviii)
omit
Port.
insert
Port; and
(4) After section 16(2)
insert
(3) However, the regulations may:
(a) prescribe particular activities (including particular types of business) for which, or circumstances in which, the Port Corporation may not perform any of the functions mentioned in subsections (1) and (2); and
(b) provide for transitional arrangements for provisions made under paragraph (a).
6 Part II, Division 4 replaced
Part II, Division 4
repeal, insert
25 Appointment of harbourmaster
(1) The Minister may, by written notice, appoint a Chief Executive Officer or public sector employee, to be the harbourmaster for the Port.
(2) The Minister must be satisfied the person has appropriate qualifications and experience for the office of harbourmaster before making the appointment.
(3) The appointed person holds office as the harbourmaster for 3 years or a lesser period specified in the appointment, unless the person vacates the office at an earlier time.
(4) A person may be reappointed under subsection (1):
(a) before the appointment expires; and
(b) more than once.
(5) A reappointment must be for not more than 3 years, as specified in the reappointment.
26 Functions and powers of harbourmaster
(1) The harbourmaster has the following functions:
(a) making technical and safety standards for pilotage and the provision of pilotage services in relation to the Port as mentioned in section 26A;
(b) other functions conferred on the harbourmaster by this or another Act.
(2) The harbourmaster has the powers necessary to perform the harbourmaster's functions.
26A Technical and safety standards for pilotage and provision of pilotage services
(1) The harbourmaster must, by written notice, make technical and safety standards for pilotage and the provision of pilotage services in relation to the Port.
(2) The harbourmaster must do so having regard to the Marine Orders made under the Navigation Act 1912 (Cth) or Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth).
(3) As soon as practicable after making technical and safety standards, the harbourmaster must:
(a) notify the making of the standards by Gazette notice; and
(b) publish the standards on the Internet and in any other way decided by the harbourmaster.
(4) A person must not contravene a standard made under subsection (1) when conducting pilotage or providing pilotage services in relation to the Port.
Maximum penalty: 50 penalty unit.
26B Annual report of harbourmaster
(1) Before the end of 3 months after a financial year, the harbourmaster must:
(a) prepare an annual report about the performance of functions and exercise of powers by the harbourmaster during that year; and
(b) give the report to the Minister.
(2) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
26C Independent role of harbourmaster
(1) This section applies if an employee of the Corporation holds office as the harbourmaster.
(2) In performing the functions and exercising the powers of the harbourmaster, the harbourmaster:
(a) is not subject to the direction of the Port Corporation, the Chief Executive Officer of the Port Corporation or any other person; and
(b) must act independently, impartially and in the public interest.
26D Vacating office of harbourmaster
The harbourmaster vacates the office of harbourmaster if:
(a) the term of the harbourmaster's appointment expires; or
(b) the appointment is terminated under section 26E; or
(c) the harbourmaster resigns the office by written notice given to the Minister.
26E Suspension or termination of office of harbourmaster
(1) The Minister may suspend the appointment of the harbourmaster if the Minister reasonably believes it is necessary to do so pending a decision to terminate the appointment under this section.
(2) The Minister may terminate the appointment of the harbourmaster on the grounds of inability, inefficiency, misbehaviour, physical or mental incapacity or absence otherwise than on leave granted by the Minister.
(3) The Minister must terminate the appointment of the harbourmaster if:
(a) the harbourmaster:
(i) becomes bankrupt; or
(ii) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with creditors or makes an assignment of the person's remuneration for their benefit; or
(b) is found guilty by a court in the Territory of an offence punishable by imprisonment for 12 months or more; or
(c) is found guilty by a court outside the Territory of an offence which, if committed against a law of the Territory, would be an offence punishable by imprisonment for 12 months or more.
(4) A suspension or termination under subsection (1), (2) or (3) must be by written notice given to the person whose appointment is suspended or terminated.
(1) The Minister may, by written notice, appoint a Chief Executive Officer or public sector employee to act in the office of the harbourmaster:
(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or
(b) during a period or all periods when the harbourmaster is unable to perform the functions of the office.
(2) The Minister must be satisfied the person has appropriate qualifications and experience to act in the office of harbourmaster before making the appointment.
(3) A person appointed under subsection (1)(a) must not act continuously for more than 12 months in the office of the harbourmaster.
26G Delegation by harbourmaster
The harbourmaster may delegate to a person any of his or her powers and functions (other than the power and function relating to making technical and safety standards) under this Act or another Act.
(1) Section 38(2) and (3)
omit
shall
insert
must
(2) Section 38(4)
omit, insert
(4) In considering an application under subsection (1), the Port Corporation must have regard to:
(a) whether the applicant is a suitable person to hold the licence; and
(b) the applicant's experience, skill and ability to provide services in relation to the business of a stevedore in a port; and
(c) the standard of the applicant's equipment; and
(d) other matters that relate to ensuring the safety of anyone connected with the provision of the services.
(5) In considering whether an applicant is a suitable person for subsection (4)(a), the Port Corporation must have regard to the following matters:
(a) whether the applicant has ever been:
(i) found guilty of an offence against a law of the Territory, or the Commonwealth, a State or another Territory, that is punishable by imprisonment for more than 12 months; or
(ii) a director of, or involved in the management of, a company that was found guilty of such an offence;
(b) whether in the 10 years before making the application:
(i) the applicant has been found guilty of an offence against a law of the Territory, or the Commonwealth, a State or another Territory; or
(ii) the applicant has been a director of, or involved in the management of, a company that was found guilty of such an offence;
(c) whether the applicant has been a director of, or involved in the management of, a company that was wound up in the 2 years before making the application or is in the process of being wound up;
(d) whether the applicant is an individual who has become bankrupt or applied to take the benefit of a law for the relief of bankrupt or insolvent debtors;
(e) whether the applicant is a company that is under administration, in the process of being wound up or has executed a deed of company arrangement that is in force.
(6) The Port Corporation must, as soon as practicable after deciding an application under subsection (1), give written notice of the decision to the applicant, specifying:
(a) the reasons for the decision; and
(b) for a decision to refuse the application – that the applicant may appeal to the Tribunal against the decision.
(7) The applicant may, within 28 days after receiving the notice, appeal to the Tribunal against the decision as mentioned in subsection (6)(b).
Note for subsection (7)
Section 11(2) of the Marine Act provides for the hearing and determination of the appeal by the Tribunal.
(1) Section 39, heading
omit, insert
39 Suspension or cancellation of licence and variation or imposition of licence conditions
(2) Section 39(1), after "if in"
insert
his
(3) Section 39(2) and (3)
omit
shall
insert
must
(4) Section 39(2)(a) and (b), at the end
insert
or
(5) Section 39(4)
omit
shall be deemed to remain
insert
remains
(6) Section 39(5)
omit, insert
(5) In addition, if the licensee contravenes a licence condition, the Port Corporation may take one or more of the following actions as it considers appropriate:
(a) suspend the licence for a specified period;
(b) cancel the licence;
(c) vary a condition to which the licence is subject;
(d) impose a condition for the licence.
(6) If the Port Corporation decides to take an action under subsection (5) in relation to a licence held by a person, it must give written notice of its decision to the person:
(a) specifying the reasons for the decision; and
(b) specifying that the person may appeal to the Tribunal against the decision; and
(c) if the licence is to be cancelled – requiring the person to surrender the licence document to the Port Corporation within the period specified in the notice.
(7) The licensee may, within 28 days after receiving the notice, appeal to the Tribunal against the decision as mentioned in subsection (6)(b).
Note for subsection (7)
Section 11(2) of the Marine Act provides for the hearing and determination of the appeal by the Tribunal.
Section 49
repeal, insert
(1) The Administrator may make regulations under this Act.
(2) The regulations may prescribe fees for this Act.
After section 51
insert
Part 7 Transitional matters for Darwin Port Corporation Legislation Amendment Act 2011
(1) Section 38(4) to (7) as amended by the amending Act applies to an application for a licence made under that section on or after the commencement of the amending Act.
(2) Subsection (1) does not prevent the Port Corporation taking into account a matter mentioned in section 38(5) that occurred before the commencement.
(3) Section 39(5) to (7) as amended by the amending Act applies to a decision of the Port Corporation under that section made on or after the commencement of the amending Act.
(4) This Act as in force immediately before the commencement continues to apply to an application for a licence mentioned in section 38 that was made, but not decided, before the commencement.
(5) In this section:
amending Act means the Darwin Port Corporation Legislation Amendment Act 2011.
commencement means the commencement of the amending Act.
Schedule 1 has effect.
Part
3 Amendment of Marine
Act
12 Act
amended
This Part amends the Marine Act.
Section 7(1)
insert (in alphabetical order)
appointed pilotage services provider, see section 181A.
Darwin Port Corporation means the Darwin Port Corporation established by section 6(1) of the Darwin Port Corporation Act.
harbourmaster, see section 5(1) of the Darwin Port Corporation Act.
pilotage services means the service of providing pilots to conduct pilotage in relation to a vessel and related services.
pilotage services provider, for Part 7, Division 4A, see section 181A.
Port of Darwin means the area of water and land constituting the Port of Darwin comprised within the boundaries declared under section 43A of the Darwin Port Corporation Act.
(1) Section 11(1)
omit
appeals
insert
an appeal
(2) Section 11(2)
omit, insert
(2) In addition, the Tribunal may hear and determine an appeal against any of the following decisions under the Darwin Port Corporation Act:
(a) a decision of the Darwin Port Corporation refusing an application made under section 38(1) of that Act as provided by section 38(7) of that Act;
(b) a decision of the Darwin Port Corporation under section 39(5) of that Act to vary, suspend or cancel a licence as provided by section 39(7) of that Act.
(3) The Tribunal:
(a) may exercise all the powers conferred on the person (the original decision maker) who, under this Act or the Darwin Port Corporation Act, made the decision the subject of an appeal mentioned in subsection (1) or (2); and
(b) must, in writing:
(i) affirm the decision; or
(ii) vary the decision; or
(iii) make another decision in substitution for the decision after setting aside the decision; or
(iv) remit the matter for reconsideration in accordance with any directions or recommendations of the Tribunal.
(4) For the appeal, the Tribunal may only consider information:
(a) that was available to the original decision maker when the decision was made; and
(b) that is made available to the Tribunal on the request of the Tribunal.
(5) The Tribunal must determine the appeal within a total period of 6 months after the appeal is made, discounting any period during which:
(a) the Tribunal has made a request for information to be made available as mentioned in subsection (4)(b); and
(b) the information is not made available to the Tribunal.
(6) The appeal does not affect the operation or implementation of the decision.
(7) However, the Tribunal may make another decision (the interim decision) staying or otherwise affecting the operation or implementation of so much of the decision as the Tribunal considers appropriate to effectively decide the appeal.
(8) The interim decision:
(a) is subject to the conditions specified by the Tribunal; and
(b) has effect:
(i) for the period specified by the Tribunal; and
(ii) if no period is specified by the Tribunal – until the appeal is determined.
(9) The Tribunal must give written notice of its decision to the appellant, specifying the reasons for the decision.
(1) Section 93, heading
omit
, &c.,
insert
etc.
(2) Section 93(1)
omit
shall
insert
must
(3) Section 93(1), at the end
insert
Maximum penalty: 100 penalty units.
(4) Section 93(2)(b)
omit
may be,
insert
may be;
(5) Section 93(2)
omit
Penalty for an offence against this section:
insert
Maximum penalty:
(1) Section 141(1)(a) and (b), at the end
insert
or
(2) Section 141(5)
omit
shall
insert
must
(3) Section 141(7)
omit
The Local Court may
insert
The Local Court may do one or more of the following
(4) Section 141(7)(c) and (8)
omit
shall
insert
must
(5) Section 141(7)(c)
omit
and/or
(1) Section 161(1)
omit, insert
(1) The harbourmaster is the pilotage authority for the pilotage areas within the Port of Darwin.
(2) Section 161(2)
omit
shall
insert
must
Section 166
repeal, insert
166 Procedure on entering compulsory pilotage area
Except as provided by section 168, the master of a ship must, before the ship enters a compulsory pilotage area:
(a) present the ship at a boarding ground for the area; and
(b) receive on board a licensed pilot; and
(c) receive on board any persons and equipment required by the pilot; and
(d) if the pilot is to conduct pilotage as part of pilotage services provided by an appointed pilotage services provider – receive on board any persons and equipment as required by the service provider; and
(e) provide any reasonable assistance required by the pilot or a person mentioned in paragraph (c) or (d); and
(f) give pilotage charge of the ship to the pilot.
Maximum penalty: 50 penalty units.
Section 171
repeal, insert
171 Issue and renewal of pilotage licence and pilotage exemption certificate
(1) A pilotage authority may issue or renew a pilotage licence or pilotage exemption certificate on an application under section 170 if the authority is satisfied of the matters prescribed by regulation.
(2) The pilotage authority may, when issuing or renewing a pilotage licence, specify that the licence is subject to one or more of the following conditions:
(a) a condition that the licence applies only to specified vessels (including, for example, vessels of a specified size or kind);
(b) a condition specifying the licence only applies to a specified part of the pilotage area.
(3) The pilotage authority may, when issuing or renewing a pilotage exemption certificate, specify that the certificate is subject to one or more of the following conditions:
(a) a condition that the certificate only applies to:
(i) a specified vessel; or
(ii) specified vessels (including, for example, vessels of a specified size or kind);
(b) a condition specifying the certificate only applies to specified hours during a day;
(c) a condition specifying the certificate only applies to a specified part of the pilotage area.
(4) In addition, the pilotage authority must not issue to, or renew a pilotage exemption certificate held by, a person who is not the master of a vessel to which the certificate relates.
(5) Subsections (2) and (3) do not limit the conditions that may be imposed by the pilotage authority for a pilotage licence or pilotage exemption certificate.
(6) The regulations may provide for:
(a) the matters that a pilotage authority may take into account in making a decision under this section; and
(b) a qualification or requirement in relation to any of the matters mentioned in paragraph (a) (including, for example, whether an applicant for a pilotage licence has undertaken a specified number of supervised transits); and
(c) a variation of a condition of a pilotage licence or pilotage exemption certificate.
(1) Section 172(1)
omit (all references)
shall
insert
must
(2) Section 172(2)
omit, insert
(2) A pilotage licence has effect for a period of 3 years from the date it is issued.
(3) A pilotage exemption certificate has effect for a period of 2 years from the date it is issued.
Section 173(1)
omit
178(1) or (b)
insert
178
Section 174
repeal
(1) Section 178(a), after "his"
insert
or her
(2) Section 178(b)
omit
his duties,
insert
his or her duties; or
(3) After section 178(b)
insert
(c) has repeatedly failed to comply with requests made to him or her by the pilotage authority under this Act;
Section 181
repeal, insert
181 Appeals of decisions under this Division
(1) This section applies to any of the following decisions of a pilotage authority in relation to a person:
(a) a refusal to issue or renew a pilotage licence or pilotage exemption certificate to the person;
(b) a decision to specify or vary a condition of a pilotage licence or pilotage exemption certificate held by the person;
(c) a decision to suspend or cancel a pilotage licence or pilotage exemption certificate held by a person.
(2) The pilotage authority must, as soon as practicable after making the decision, give written notice of the decision to the person, specifying:
(a) the reasons for the decision; and
(b) that the person may appeal to the Tribunal against the decision; and
(c) if the licence or certificate is cancelled – that the person must surrender the licence or certificate to the pilotage authority within the period specified in the notice.
(3) If the notice requires a person to surrender the licence or certificate to the pilotage authority as mentioned in subsection (2)(c), the person must not contravene the requirement.
Maximum penalty: 50 penalty units.
(4) The person may, within 28 days after receiving the notice, appeal to the Tribunal against the decision as mentioned in subsection (2)(b).
25 Part VII, Division 4A inserted
After section 181
insert
Division 4A Pilotage services for Port of Darwin
In this Division:
appointed pilotage services provider means:
(a) if the Darwin Port Corporation is the pilotage services provider under section 181C – the Darwin Port Corporation; or
(b) a person otherwise appointed to be the pilotage services provider for the Port of Darwin under section 181B.
pilotage services provider means a person who carries on an operation of providing pilotage services.
181B Minister may appoint pilotage services provider for Port of Darwin
(1) Subject to section 181C, the Minister may, on application made by a person, appoint the person to be the pilotage services provider for the Port of Darwin.
(2) Except as otherwise provided by the conditions of the appointment, the appointed person has the exclusive right to provide pilotage services in all the pilotage areas in the Port of Darwin.
(3) The Minister may appoint an applicant under subsection (1) only if the Minister is satisfied:
(a) the applicant has the necessary capability to conduct pilotage by one or more licensed pilots in the pilotage areas; and
(b) in conducting pilotage in the pilotage areas, each of the licensed pilots would be employed or engaged by, and under the control of, the applicant; and
(c) the applicant is a suitable person to be appointed; and
(d) the applicant meets other requirements prescribed by regulation (including, for example, safety requirements, the qualifications of persons providing the service and the requirement to pay any fees or charges).
(4) In considering whether the applicant is a suitable person for subsection (3)(c), the Minister must take into account all of the following matters:
(a) whether the applicant has ever been:
(i) found guilty of an offence against a law of the Territory, or Commonwealth, a State or another Territory that is punishable by imprisonment for more than 12 months; or
(ii) a director of, or involved in the management of, a company that was found guilty of such an offence;
(b) whether, in the 10 years before the making of the application:
(i) the applicant has been found guilty of an offence against a law of the Territory, or the Commonwealth, a State or another Territory; or
(ii) the applicant has been a director of, or involved in the management of, a company that was found guilty of such an offence;
(c) whether the applicant has been a director of, or involved in the management of, a company that was wound up in the 2 years before the making of the application or is in the process of being wound up;
(d) whether the applicant is an individual that has become bankrupt or applied to take the benefit of a law for the relief of bankrupt or insolvent debtors;
(e) whether the applicant is a company that is under administration, in the process of being wound up or has executed a deed of company arrangement that is in force.
(5) The appointment has effect:
(a) subject to the conditions specified in the appointment; and
(b) for the term specified in it unless, at an earlier time:
(i) it is terminated under section 181F; or
(ii) the appointed person resigns the appointment by written notice given to the Minister.
(6) Subsection (5) does not prevent the reappointment of the appointed person under subsection (1).
(7) The Minister must, as soon as practicable after deciding an application mentioned in subsection (1), give written notice of the decision to the applicant, specifying:
(a) the reasons for the decision; and
(b) for a decision to refuse the application – that the applicant may appeal to the Tribunal against the decision.
(8) The applicant may, within 28 days after receiving the notice, appeal to the Tribunal against the decision as mentioned in subsection (7)(b).
(9) The regulations may provide for the following matters:
(a) the conditions that may be specified under subsection (5)(a), including, for example, conditions about:
(i) the pilotage services provider's insurance coverage; and
(ii) the pilotage services provider's capability for providing pilotage services; and
(iii) the qualifications of persons to provide the service; and
(iv) the provision of reports to the Minister about the performance of the pilotage services provider;
(b) matters that may be considered by the Minister when specifying the conditions;
(c) any other matters arising from this section.
181C Darwin Port Corporation taken to be appointed
(1) The Darwin Port Corporation is taken to be appointed under section 181B(1) as the pilotage services provider for the Port of Darwin for a term of 10 years from the commencement of this section.
(2) The appointment has effect subject to:
(a) section 181F and regulations made under section 181G; and
(b) any conditions specified by the Minister by written notice given to the Darwin Port Corporation; and
(c) the operation of section 15 of the Darwin Port Corporation Act.
Note for subsection (2)(c)
The Minister administering the Darwin Port Corporation Act may give directions to the Corporation in relation to the performance of the Corporation's functions (see section 15 of that Act).
(3) Without limiting subsection (2)(b), the conditions may include conditions about the technical competency, qualifications and experience of persons providing the pilotage services and provision of reports to the Minister about the Corporation's performance as the pilotage services provider.
(4) To avoid doubt, this section does not prevent the reappointment of the Corporation under section 181B after the 10 years mentioned in subsection (1).
(5) The regulations may provide for a matter arising from this section (including, for example, a matter arising from an application by the Corporation for a reappointment under section 181B).
(1) A person who is not the appointed pilotage services provider must not provide pilotage services in the Port of Darwin.
Maximum penalty: 100 penalty units.
(2) The appointed pilotage services provider must not, without a reasonable excuse, contravene a condition of the appointment.
Maximum penalty: 100 penalty units.
181E Provision of pilotage services by appointed pilotage services provider
(1) The appointed pilotage services provider may, with the Minister's written approval, by Gazette notice, fix the rate of charges payable to the appointed pilotage services provider for the service.
(2) The owner, agent or master of a ship is liable to pay to the appointed pilotage services provider the charges for pilotage services provided in relation to the ship.
(3) Charges payable under subsection (1) and collected by the appointed pilotage services provider may be retained by the provider.
181F Termination and suspension of appointment and variation of conditions of appointment
(1) The Minister may terminate, or suspend for a specified period, the appointment of a person as the pilotage services provider if:
(a) the Minister considers the person:
(i) has contravened a condition of the appointment; or
(ii) for a person other than the Darwin Port Corporation – no longer meets the requirements for the appointment under this Division; and
(b) for a termination of the appointment, the Minister:
(i) has notified the person of the Minister's intention to terminate the appointment; and
(ii) has specified in the notice that the person may, within a reasonable period specified in the notice, explain to the Minister why the appointment should not be terminated; and
(iii) has taken into account any explanation given to the Minister within the specified period.
(2) The Minister may vary a condition of the appointment of a person as the pilotage services provider if the Minister considers the variation is necessary:
(a) to ensure compliance with this Act; or
(b) in other circumstances prescribed by regulation.
(3) The Minister must, as soon as practicable after making a decision under subsection (1) or (2) in relation to a person, give written notice of the decision to the person, specifying:
(a) the reasons for the decision; and
(b) that the person may appeal to the Tribunal against the decision.
(4) The person may, within 28 days after receiving the notice, appeal to the Tribunal against the decision as mentioned in subsection (3)(b).
181G Regulations may provide for other matters about appointment
The regulations may provide for a matter arising from the appointment of a pilotage services provider, including, for example, the monitoring of compliance with this Division by the appointed pilotage services provider.
26 Sections 184 and 185 replaced
Sections 184 and 185
repeal, insert
184 Pilotage services for other pilotage areas
(1) This section applies to a pilotage area other than a pilotage area in the Port of Darwin.
(2) The Minister may approve the provision of pilotage services by the pilotage authority for the pilotage area.
(3) The pilotage authority may, with the Minister's written approval, by Gazette notice, fix the rate of charges payable to the authority for any pilotage services provided by the authority.
(4) The owner, agent or master of a ship is liable to pay to the pilotage authority the charges fixed under subsection (3) for pilotage services provided in relation to the ship.
(5) Charges payable under subsection (4) and collected by the pilotage authority may be retained by the pilotage authority.
(6) Regulations may prescribe matters arising from this section.
(1) Section 189(a) to (g), (j) and (k), at the end
insert
and
(2) Section 189(h)
omit
Part V;
insert
Part 5; and
(3) Section 189(n)
omit, insert
(n) a specified person was, or was not, a licensed pilot or the holder of a pilotage exemption certificate; and
(o) a specified person was, or was not, the appointed pilotage services provider; and
(p) a specified person was, or was not, approved to provide pilotage services in a pilotage area;
(1) Section 191A
omit
or failing to comply
(2) Section 191A(a)
omit
166, 174(3) or 175
insert
165(1), 166, 175, 176, 180(2), 181(3) or 181D(1) or (2)
(3) Section 191A(a) and (b)
omit
with
After section 211
insert
Part 10 Transitional matters for Darwin Port Corporation Legislation Amendment Act 2011
(1) Section 11 as amended by the amending Act applies to an application for an appeal made under that section on or after the commencement.
(2) Section 172 as amended by the amending Act applies to a pilotage licence or pilotage exemption certificate issued on or after the commencement.
(3) Section 181 as amended by the amending Act applies to a decision of the pilotage authority mentioned in that section that is made on or after the commencement.
(4) Part 7, Division 4A applies to the provision of pilotage services on or after the commencement.
(5) Subsection (4) does not prevent the Minister taking into account a matter mentioned in section 181B(4) that occurred before the commencement.
(6) In this section:
amending Act means the Darwin Port Corporation Legislation Amendment Act 2011.
commencement means the commencement of the amending Act.
Schedule 2 has effect.
Schedule 1 Darwin Port Corporation Act further amended
section 11
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Part I, heading
|
whole heading
|
Part 1 Preliminary matters
|
|
Part II, heading
|
Part II
|
Part 2
|
|
section 6(2)(a), at the end
|
|
and
|
|
section 6(2)(b)
|
shall |
is to have
|
|
section 6(3)
|
shall
(all references) |
must
|
|
section 17(2)(a) to (u), at the end
|
|
and
|
|
section 17(2)(r)
|
authorize
|
authorise
|
|
section 18(1)
|
(1) The
|
The
|
|
section 18(2) and (3)
|
whole subsection
|
|
|
Part IIA, heading
|
Part IIA
|
Part 2A
|
|
section 27D(2)
|
an employee, within the meaning of the Public
Sector Employment Act
|
a public sector employee,
|
|
section 27E(b)
|
appointment,
|
appointment;
|
|
section 27G
|
or fails to comply with
|
|
|
Part IIB, heading
|
Part IIB
|
Part 2B
|
|
section 28(2)
|
notice in the Gazette
|
Gazette notice
|
|
sections 28A(1)(a), 28B(a) and (b) and
28C(1)(a) and (3)(a) and (b)(i), at the end
|
|
and
|
|
Part III, heading
|
Part III
|
Part 3
|
|
section 29(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 30(4)
|
shall
|
must
|
|
section 30(4), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 31, heading
|
, &c.
|
etc.
|
|
section 31(1)(b)
|
Port,
|
Port;
|
|
section 31(1)(d)
|
insurance,
|
insurance;
|
|
section 32(1)
|
shall
|
must
|
|
section 32(2)
|
authorize
|
authorise
|
|
section 32(3) and (4)
|
shall be
|
is
|
|
section 32(5)
|
authorized
|
authorised
|
|
section 32(6)
|
fails to comply with or
|
|
|
section 32(6), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 32(7)
|
shall
authorized
|
must
authorised
|
|
section 32(7), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 33(2)
|
fails to comply with or
|
|
|
section 33(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 34(1)(b)
|
Port,
|
Port;
|
|
section 34(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 34(2)(a), at the end
|
|
or
|
|
section 34(2)(c)
|
is,
|
is;
|
|
section 34(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 35(1)(a), at the end
|
|
or
|
|
section 36, heading
|
removal of undesirable substance,
&c.
|
removal etc. of undesirable
substance
|
|
section 36(3)(a)
|
shall prevent
|
prevents
|
|
section 36(3)(a) and (b), at the
end
|
|
and
|
|
section 36(3)(b), (c) and (d)(i) and (ii)
and (4)
|
shall
(all references) |
must
|
|
section 37, heading
|
, &c.,
|
etc.
|
|
section 37(1)(a) to (c) and (d)(i), at the
end
|
|
or
|
|
section 37(2)
|
, shall
|
must
|
|
section 37(2)(a) and (b), at the
end
|
|
and
|
|
section 40(1)
|
shall
|
must
|
|
section 40(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 41, heading
|
, &c.
|
etc.
|
|
section 41(b)
|
goods,
|
goods;
|
|
Part IV, heading
|
whole heading
|
Part 4 Miscellaneous matters
|
|
section 43A
|
notice in the Gazette
|
Gazette notice
|
|
section 44, heading
|
, &c.
|
etc.
|
|
section 44
|
deemed
|
taken
|
|
section 44(a), at the end
|
|
or
|
|
section 45, heading
|
rates, charges, &c.
|
local government rates, charges and
taxes
|
|
section 45(4)
|
authorizes
shall be
|
authorises
is
|
|
section 46, heading
|
, &c.
|
rates, dues, charges or rental for
storage
|
|
section 46(2)
|
shall have
|
has
|
|
section 47, heading
|
or failure to comply with
|
|
|
section 47
|
all words from "or fails" to "failure to comply with
which"
|
an order or direction given under this Act
(including the by-laws) by an employee, being an order or direction for the
contravention of which
|
|
section 47, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 48(1)
|
in relation to:
|
in relation to any or all of the
following:
|
|
section 48(1)(zc)
|
; and
|
;
|
|
section 48(1)(zd)
|
or failure to comply with
|
|
|
section 48(2)
|
shall
cease
|
ceases
|
|
section 48(3)(a), at the end
|
|
or
|
|
Part V, heading
|
Part V
|
Part 5
|
|
section 59(4)(a) and (b), at the end
|
|
or
|
|
section 50(4)(d)
|
authorized officer,
|
authorised officer;
|
|
section 50(7)(a)
|
|
and
|
|
Part VI, heading
|
Part VI
|
Part 6
|
Schedule 2 Marine Act further amended
section 30
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Part I, heading
|
whole heading
|
Part 1 Preliminary matters
|
|
section 4(2)
|
Part IV
|
Part 4
|
|
section 4(2)(b)
|
he
|
the person
|
|
section 4(3) and (4)
|
Part VII
|
Part 7
|
|
section 6
|
of the Commonwealth
|
(Cth)
|
|
section 7(1)
|
, unless contrary intention appears
|
|
|
section 7(1), definition advisory
committee
|
Division 3 of Part II
|
Part 2, Division 3
|
|
section 7(1), definition casualty,
paragraphs (a) and (c)(i), at the end
|
|
or
|
|
section 7(1), definition casualty,
paragraph (c)(iii)
|
board
|
board;
|
|
section 7(1), definition
certificate
|
Part III
|
Part 3
|
|
section 7(1), definitions crew,
paragraph (a) and interstate voyage, paragraph (a), at the end
|
or
|
|
|
section 7(1), definition interstate
voyage, paragraph (c)
|
Australia,
|
Australia;
|
|
section 7(1), definitions Navigation
Act and Northern Territory waters, paragraph
(a)
|
of the Commonwealth
|
(Cth)
|
|
section 7(1), definition off-shore industry
mobile unit, paragraphs (a)(i) and (b)(iii)(A), at the
end
|
|
or
|
|
section 7(1), definition off-shore industry
mobile unit, paragraph (b)(i),
|
|
and
|
|
Section 7(1), definition off-shore industry
mobile unit, paragraphs (a)(iii) and (b)(iii)(C)
|
seabed,
|
seabed;
|
|
section 7(1), definitions off-shore industry
vessel, paragraph (a)(i) and overseas voyage,
paragraphs (a) to (d), at the end
|
|
or
|
|
section 7(1), definition pleasure
craft, paragraph (b)
|
purpose,
|
purpose;
|
|
section 7(1), definition suspended
person, paragraph (a), at the end
|
|
or
|
|
section 7(1), definition Uniform
Code
|
of the Commonwealth
|
|
|
section 7(1), definition vessel,
paragraph (a), at the end
|
|
and
|
|
section 7(3)(a) and (b), at the end
|
|
or
|
|
section 7(3)(d)
|
operations,
|
operations;
|
|
section 7(5)
|
shall
|
is to
|
|
section 7(6)
|
shall
be
|
is
to be
|
|
section 7(7)
|
Navigation Act
|
Navigation Act
|
|
Part II, heading
|
Part II
|
Part 2
|
|
Part II, Division 1, heading
|
, &c.
|
etc.
|
|
section 8(2)
|
him
|
the Director
|
|
section 8(2)(a), at the end
|
|
or
|
|
section 8(3)
|
he
(all references)
|
the shipping inspector
|
|
section 8(3)(b), after "his"
|
|
or her
|
|
section 8(3)(a) to (e), at the end
|
|
and
|
|
shall
|
must
|
|
|
section 8(6)
|
he shall
|
the shipping inspector must
|
|
section 8(6), after "his"
|
|
or her
|
|
section 8(7)
|
shall
|
must
|
|
section 8(7), after "his"
|
|
or her
|
|
section 8(7), penalty provision
|
Penalty:
|
Maximum penalty for an offence against subsection
(7):
|
|
section 8A
|
member of the Police Force
|
police officer
|
|
section 9
|
notice in the Gazette
|
Gazette notice
|
|
section 10(2)
|
shall consist
|
consists
|
|
sections 13 and 17(1)
|
shall
|
must
|
|
section 17(1)
|
organizations
|
organisations
|
|
section 17(2)(b)
|
seamen,
|
seamen;
|
|
sections 18 and 19(1) and (2)
|
shall
|
must
|
|
section 20, heading
|
whole heading
|
20 Application of other
Act
|
|
section 21(1)
|
(1) The
his
|
The
his or her
|
|
section 21(2) and (3)
|
whole subsections
|
|
|
section 22
|
him
(all references) himself
|
the person the person
|
|
Part III, heading
|
Part III
|
Part 3
|
|
Part III, Division 1, heading, at the
end
|
|
matters
|
|
section 23, heading
|
Part III
|
Part 3
|
|
section 23(a) to (c) and (ca)(ii) to (dc), at the
end
|
|
or
|
|
section 25(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 25(3)
|
shall
he
|
must
he or she
|
|
section 25(3)(a), at the end
|
|
and
|
|
section 26
|
shall
|
may
|
|
section 26(a), at the end
|
|
or
|
|
section 26(c)
|
watch,
|
watch;
|
|
section 26, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 27(1)
|
shall
he
|
must
he or she
|
|
section 27(2)
|
shall
|
must
|
|
section 27, penalty provision
|
Penalty:
|
Maximum penalty for an offence against subsection
(1) or (2):
|
|
sections 28(2) and 29A(2)
|
shall
|
must
|
|
section 32
|
shall
he
|
must
the person
|
|
section 32, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 33
|
his
(all references) shall
|
his or her must
|
|
section 33, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 34(1), after "himself"
|
|
or herself
|
|
section 34(2)
|
shall
him
|
must
him or her
|
|
section 34(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 51
|
shall
|
must
|
|
section 51, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 69
|
shall
authorized
|
must
authorised
|
|
section 69, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 70(1)
|
shall
|
must
|
|
section 70(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 71
|
shall
|
must
|
|
section 71, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 72(1)
|
shall
|
must
|
|
section 72(1) and (2), penalty
provision
|
Penalty:
|
Maximum penalty:
|
|
section 73(1)(b)
|
vessel,
|
vessel;
|
|
section 73(2)
|
shall
|
must
|
|
section 73(3)
|
shall
he
|
must
the person
|
|
section 74(1)
|
shall
his
|
must
the person's
|
|
section 74(2)
|
shall
|
must
|
|
section 74(2)(b)(i), at the end
|
|
and
|
|
Part IV, heading
|
Part IV
|
Part 4
|
|
Part IV, Division 1, heading, at the
end
|
|
matters
|
|
section 75, heading
|
Part IV
|
Part 4
|
|
section 75(1)
|
recognized
|
recognised
|
|
section 75(2)(a) to (f) and (fa)(ii) to (fc), at the
end
|
|
or
|
|
section 75(3)
|
shall
|
must
|
|
section 75(4)
|
shall be
|
is
|
|
section 76(2)
|
notice in the Gazette
he
|
Gazette notice
the Minister
|
|
section 76(3)
|
shall
him
|
must
the surveyor
|
|
section 76(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 77(1)(a) to (d), at the end
|
|
and
|
|
section 77(1)(b)
|
he
his
|
the surveyor
the surveyor's
|
|
section 77(1)(c)
|
he
his
|
the owner
the owner's
|
|
section 77(1)(f)
|
him
|
the surveyor
|
|
section 77(2)
|
shall
|
must
|
|
section 78(1)
|
shall
his
|
must
the surveyor's
|
|
section 78(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 78(2)
|
shall
him
|
must
the person
|
|
section 78(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 79
|
shall
|
must
|
|
section 79(a), at the end
|
|
and
|
|
section 79, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 80(1)(b)
|
surveyed,
|
surveyed;
|
|
section 80(2)
|
shall
he
|
must
the Director
|
|
section 80(3)
|
shall
|
must
|
|
section 80(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 81, heading
|
, &c.,
|
of survey
|
|
section 81(1)
|
him
(all references) |
the Director
|
|
section 81(2)
|
shall
|
must
|
|
section 81(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 82(2)
|
shall
|
must
|
|
section 82(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 83(1)
|
him
(all references) |
the owner or master (as appropriate)
|
|
section 83(2)
|
shall
|
must
|
|
section 83(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 84
|
shall be deemed
shall have
|
is taken to be
has
|
|
section 85
|
he
|
the owner
|
|
section 86
|
he shall
his
|
the Director must
the owner's
|
|
section 87(1) and (2)
|
shall
|
must
|
|
section 87(1) and (2), penalty
provision
|
Penalty:
|
Maximum penalty:
|
|
section 88
|
shall
he
|
must
the Director
|
|
section 88(a) and (b), at the end
|
|
or
|
|
section 89(1)
|
he shall
|
the Director must
|
|
section 89(2) and (3)
|
shall
|
must
|
|
section 91(1)
|
authorized
|
authorised
|
|
sections 91(2) and 92(1)
|
shall
|
must
|
|
section 92(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 92(3)
|
shall be deemed
|
is taken to
|
|
section 94(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 94(3)
|
deemed
|
taken
|
|
section 96(a) and (b), at the end
|
|
or
|
|
section 96(d)
|
reason,
|
reason;
|
|
shall
|
must
|
|
|
section 97(1) and (2), penalty
provision
|
Penalty:
|
Maximum penalty:
|
|
section 97(4)
|
shall not be
|
is not
|
|
section 99
|
shall
|
must
|
|
section 99, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 100
|
shall
|
must
|
|
Penalty:
|
Maximum penalty:
|
|
|
section 101(b)
|
number,
|
number;
|
|
section 101
|
shall
|
must
|
|
section 101, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 102(1)
|
he
|
the Director
|
|
section 102(3)
|
shall comply with and
|
must
|
|
section 102(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 103(1)
|
shall
|
must
|
|
section 103(2)
|
Penalty
|
Maximum penalty
|
|
section 104(1)(a), at the end
|
|
and
|
|
section 104(1)(a) and (b), after
"he"
|
|
or she
|
|
section 104(1)(c)(i) and (ii)
|
his
(all references) |
the owner's or the master's
|
|
section 104(2)
|
shall not be
|
is not
|
|
section 105(1)
|
the Director
|
|
|
section 105(2)
|
shall comply with and
|
must
|
|
section 105(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 106(1)
|
shall
|
must
|
|
section 106(1)(a) and (b), at the end
|
|
or
|
|
section 106(1)(d)
|
on,
|
on;
|
|
section 106(2)
|
shall
|
must
|
|
section 106, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
Part 4, Division 6, heading
|
, &c.
|
etc.
|
|
section 109
|
shall
he
(all references) his
(all references) |
must
he or she
his or her
|
|
section 109(a) and (c)(i), at the end
|
|
and
|
|
section 109, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 110(1)
|
shall not contravene or fail to comply
with
|
must not contravene
|
|
section 110(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 110(2)
|
shall
|
must
|
|
section 110(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 111
|
shall
he
his
|
must
he or she
his or her
|
|
section 111, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 112
|
shall
|
must
|
|
section 112, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 113(1) and (2)
|
shall
(all references) he
(all references) |
must he or she
|
|
section 113(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 113(3)
|
he is
whom
he
his |
he or she is
from whom the master
his or her
|
|
section 114
|
shall
|
must
|
|
section 114(b)
|
he
|
the master
|
|
section 114, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 115(2)
|
shall
his
(all references) |
must
his or her
|
|
section 115(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 115A
|
shall
|
must
|
|
section 115A, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 115B
|
shall
|
must
|
|
section 115B, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 115C(1)
|
, unless the contrary intention appears
|
|
|
section 115C(1), definition owner,
paragraph (a), at the end
|
|
or
|
|
section 115C(1), definition owner,
paragraph (c)
|
wrecked,
|
wrecked;
|
|
section 115C(1), definition
owner
|
shall be deemed
|
is taken
|
|
section 115D(1)(a), at the end
|
|
and
|
|
section 115D(3)
|
shall
|
must
|
|
section 115D(4)
|
shall be
|
are
|
|
section 117, heading
|
, &c.
|
etc.
|
|
section 117(a) to (e), at the end
|
|
or
|
|
section 117(g)
|
place,
|
place;
|
|
section 117
|
shall
him
|
must
the Director
|
|
section 117, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 118(2)
|
he shall
shall
his
|
the person must
must
the person's
|
|
section 118(3)
|
he
|
the Minister
|
|
sections 118(4) and 119(1)
|
shall
|
must
|
|
section 119(2)
|
shall
be deemed
|
is
taken
|
|
section 120(1)(a), at the end
|
|
and
|
|
section 120(2)(a)
|
shall
|
must
|
|
section 120(2)(b)
|
his
|
the person's
|
|
section 120(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 120(3)
|
him
|
the person
|
|
section 120(4)
|
shall
(all references) |
must
|
|
section 120(5)
|
shall give his
he
|
must give the person's
the person
|
|
section 121(1)
|
he
|
the person
|
|
section 122(1)(a), (b) and (d)
|
his
(all references) |
his or her
|
|
section 122(1)(a), at the end
|
|
or
|
|
section 122(1)(c)
|
Act,
|
Act;
|
|
section 122(2)
|
shall
|
must
|
|
section 122(2)(a)
|
him concur;
|
the person conducting the formal investigation
concur; and
|
|
section 122(2)(c) and (3), after "his"
|
|
or her
|
|
section 122(3)
|
shall
|
must
|
|
section 122(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 123(b)
|
he
it,
|
the Minister
it;
|
|
section 124(1)
|
shall
|
must
|
|
section 124(3)
|
shall be deemed
shall apply
|
is taken
apply
|
|
section 124(4)
|
shall have
(all references) |
has
|
|
section 124(4)(a) and (b), at the end
|
|
or
|
|
sections 125(2)(a) and (b) and 126(1)
|
shall
|
must
|
|
section 126(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 127(1)
|
shall
|
must
|
|
section 127(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 127(2), after "himself"
|
|
or herself
|
|
section 128(1)
|
he
(all references) |
the Director
|
|
section 128(2)
|
shall comply with and
|
must
|
|
section 128(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
Part V, heading
|
Part V
|
Part 5
|
|
section 131(1)
|
notice in the Gazette
|
Gazette notice
|
|
section 131(1)(b)
|
area,
|
area;
|
|
section 131(3)
|
shall
|
must
|
|
section 131(3)(b)
|
declaration,
|
declaration;
|
|
section 132(2)
|
shall
|
must
|
|
section 133(1)(b)
|
operations,
|
operations;
|
|
section 133(2)
|
shall
|
must
|
|
section 133(3)
|
deemed
|
taken
|
|
section 134(2)
|
shall
|
must
|
|
section 134(2)(a) and (b), at the end
|
|
and
|
|
section 134(3)(a) to (d), at the end
|
|
or
|
|
section 134(4)
|
shall
|
must
|
|
section 134(4)(a), at the end
|
|
and
|
|
sections 134(5) and 135(2)
|
shall
|
must
|
|
section 135(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 136(1) and (2)
|
shall
|
must
|
|
section 136(1)(a) and (2)(a), at the
end
|
|
and
|
|
section 138, heading
|
&c.,
|
suspension or variation
|
|
section 138(1)(a) to (d), at the end
|
|
or
|
|
section 138(1)(a) and (d)
|
or failed to comply with
|
|
|
section 138(2)
|
shall
|
must
|
|
section 138(2)(a) and (b), at the end
|
|
and
|
|
section 139(1)
|
failed to comply with or
|
|
|
section 139(4)
|
shall
|
must
|
|
section 139(4), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 140, heading
|
, &c.
|
etc.
|
|
section 140(1), (2) and (3)
|
shall
|
must
|
|
section 140(4)
|
shall comply with and
|
must
|
|
section 140(1), (2), (3) and (4), penalty
provision
|
Penalty:
|
Maximum penalty:
|
|
section 142A(1)(a) and (b), at the end
|
|
or
|
|
Part VI, heading
|
Part VI
|
Part 6
|
|
Part VI, Division 1, heading, at the
end
|
|
matters
|
|
section 143
|
, unless the contrary intention appears
|
|
|
section 144(a)
|
1911 of the Commonwealth
|
1911 (Cth)
|
|
section 145, heading
|
, &c.,
|
|
|
section 147(2)
|
authorize
his
|
authorise
the Director's
|
|
section 148
|
shall
|
must
|
|
section 148, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 149(2)
|
his
|
the Director's
|
|
section 149(2)(a) and (b), at the end
|
|
or
|
|
section 149(3)
|
shall
|
must
|
|
section 149(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 149(4)
|
served,
|
served;
|
|
section 150
|
authorized
his
|
authorised
the person's
|
|
section 151
|
authorized
he
|
authorised
the Director or person
|
|
section 152
|
shall
|
must
|
|
section 152, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 153
|
shall
authorized
his
(all references) |
must
authorised
the authorised person's
|
|
section 153, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 154
|
shall
|
must
|
|
section 154(a) and (b), at the end
|
|
or
|
|
section 154, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 155
|
shall
|
must
|
|
section 155, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 156(a), at the end
|
|
or
|
|
section 156(c)
|
aid,
|
aid;
|
|
section 156(e)
|
which,
|
which;
|
|
section 157(1)
|
shall
|
are to
|
|
Part VII, heading
|
Part VII
|
Part 7
|
|
Part VII, Division 1, heading, at the
end
|
|
matters
|
|
section 158
|
, unless the contrary intention appears
|
|
|
sections 160 and 162
|
notice in the Gazette
|
Gazette notice
|
|
section 163(2)
|
shall
|
must
|
|
section 163(2)(a) and (b), at the end
|
|
and
|
|
section 163(3)
|
shall
him
|
must
the master
|
|
section 163(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 165(1)
|
shall
an area where pilotage is compulsory
|
must
a compulsory pilotage area
|
|
section 165(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
an area where pilotage is compulsory
|
a compulsory pilotage area
|
|
|
section 175
|
shall
his
|
must
his or her
|
|
section 175, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 176
|
shall
|
must
|
|
section 176(b), after "himself"
|
|
or herself
|
|
section176, penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 177(1)
|
shall
|
must
|
|
section 177(1)(b)
|
him
|
the licensed pilot
|
|
section 177(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 177(2)(a), after "him"
|
|
or her
|
|
section 177(2)(b)(i) and (ii), after
"he"
|
|
or she
|
|
section 180(1)(a) and (b), at the end
|
|
and
|
|
section 180(2)(a) and (b)
|
shall
|
must
|
|
section 180(2)(b)
|
his
|
the person's
|
|
section 180(2), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 180(3)
|
him
|
the person
|
|
section 180(4)
|
shall
|
must
|
|
section 182
|
his
|
the master's
|
|
section 183
|
him his licence
|
the licence to the pilot
|
|
Part VIII, heading
|
whole heading
|
Part 8 Miscellaneous matters
|
|
section 186, heading
|
Parts III and IV
|
Parts 3 or 4
|
|
section 186(1)(a)(i)
|
Part III or IV
|
Part 3 or 4
|
|
section 186(1)(b)
|
occur,
|
occur;
|
|
section 186(3)
|
shall comply with and
|
must
|
|
section 186(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 186(4), after "his"
|
|
or her
|
|
section 187
|
shall
|
must
|
|
section 188(a)
|
Parts III and IV
|
Parts 3 and 4
|
|
section 188A(1) and (2)
|
shall
|
must
|
|
section 188A(1), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 188B(1)(a) and (b), at the end
|
|
or
|
|
section 188B(2)
|
shall
publicize
|
must
publicise
|
|
section 188B(3)
|
shall
|
must
|
|
section 188B(3), penalty provision
|
Penalty:
|
Maximum penalty:
|
|
section 190
|
shall
|
is to
|
|
section 190(a), at the end
|
|
or
|
|
section 191
|
shall be
|
are
|
|
section 191AA
|
shall, on being found guilty of the offence,
be
|
is, on being found guilty of the
offence,
|
|
section 192
|
he
|
the person
|
|
section 193(1)(a), at the end
|
|
or
|
|
section 193(1)(c)
|
requirement,
|
requirement;
|
|
section 193(1) and (2)
|
he
|
the Administrator
|
|
section 193(2)
|
shall not be
|
is not
|
|
section 193(4)
|
shall
his
|
must
the Administrator's
|
|
Part IX, heading
|
Part IX
|
Part 9
|
|
section 194(1)(b)
|
authorizing
|
authorising
|
|
section 194(2)
|
authorize
shall apply
|
authorise
applies
|
|
section 194(2)(a) to (j) and (3)(a), at the
end
|
|
and
|
|
section 194(2)(m)
|
Act,
|
Act;
|
|
section 194(3)(a)
|
shall
|
must
|
|
section 196(2)
|
shall
(all references) |
|
|
section 196(4)
|
shall
|
do
|
|
section 196(6)(a)
|
shall
(all references) |
must
|
|
sections 196(6)(a), 197(a), 198(a), 199(a) to (d)
and 200(1)(a), at the end
|
|
and
|
|
section 200(2)
|
shall
he
|
must
the Administrator
|
|
section 203(a) to (k), at the end
|
|
and
|
|
section 203(n)
|
vessels,
|
vessels;
|
|
section 203
|
Part IV
|
Part 4
|
|
section 203
|
shall
|
|
|
section 205(a) to (c), at the end
|
|
and
|
|
section 205(b)
|
shall
|
must
|
|
sections 208(1)(a), 209(a) to (c) and 210(1)(a) to
(e) and (2)(a), at the end
|
|
and
|
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