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FACT SHEET
Repeal of Bylaws Postponement Bill 2012
The Subordinate Legislation Act 1992 provides for the systematic repeal of
subordinate legislation over a rolling 10 year period. If bylaws are to continue
to have effect they must be remade in accordance with the requirements of
this Act.
The Council of Australian Governments (COAG) agreed in 2009 to establish
single national regulators for heavy vehicles, maritime safety, and rail safety to
be in place by 1 January 2013. The Marine Safety (Domestic Commercial
Vessel) National Law Bill 2012 was introduced into the Australian Parliament
on 24th May 2012 and passed both Houses on 23rd August 2012.
The Marine and Safety (Certificates of Competency) Bylaws 2002 expire on 24
December 2012 and the Marine and Safety (Definition of Operational Areas)
Bylaws 2003 expire on 1 April 2013. Both sets of bylaws need to be
maintained to support the operation of Marine and Safety Authority Act 1997
until such time as the national law is applied in Tasmania. The Bill will
postpone, until 23 December 2013, the automatic repeal of these bylaws to
ensure that they can continue to operate past the expiry dates.
Whilst it is possible to review and remake these bylaws it would be an
unnecessary use of resources for both MAST and the Office of Parliamentary
Counsel given that both will require amendment or repeal as a result of the
application of the national law.