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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Protection of the Sea Legislation
Amendment Bill 2018
No. , 2018
(Infrastructure and Transport)
A Bill for an Act to amend the law relating to the
protection of the sea, and for related purposes
No. , 2018
Protection of the Sea Legislation Amendment Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Schedule 2--Other amendments
5
Protection of the Sea (Shipping Levy Collection) Act 1981
5
No. , 2018
Protection of the Sea Legislation Amendment Bill 2018
1
A Bill for an Act to amend the law relating to the
1
protection of the sea, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Protection of the Sea Legislation Amendment Act
5
2018.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Protection of the Sea Legislation Amendment Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) 1 March 2018; and
(b) the day after this Act receives the Royal
Assent.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments Schedule 1
No. , 2018
Protection of the Sea Legislation Amendment Bill 2018
3
Schedule 1--Main amendments
1
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 After paragraph 26F(7)(d)
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Insert:
6
(da) if the cargo residues are residues of solid bulk cargoes
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(except grain)--the master of the ship has a written
8
declaration made by the shipper stating that:
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(i) the solid bulk cargoes have been classified in
10
accordance with the criteria mentioned in Appendix I of
11
Annex V to the Convention; and
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(ii) the solid bulk cargoes are not harmful to the marine
13
environment;
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2 After paragraph 26F(8C)(c)
15
Insert:
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(ca) if the garbage is cargo residues that are contained in cargo
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hold wash water and that are residues of solid bulk cargoes
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(except grain)--the master of the ship has a written
19
declaration made by the shipper stating that:
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(i) the solid bulk cargoes have been classified in
21
accordance with the criteria mentioned in Appendix I of
22
Annex V to the Convention; and
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(ii) the solid bulk cargoes are not harmful to the marine
24
environment;
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3 Paragraph 26F(8C)(f)
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Omit "subparagraph 1.2.3", substitute "subparagraph 1.2.5".
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4 At the end of section 33
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Add:
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(4) Despite section 14 of the Legislation Act 2003, the regulations may
30
make provision in relation to a matter by applying, adopting or
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incorporating, with or without modification, any matter contained
32
in an instrument or other document:
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Schedule 1 Main amendments
4
Protection of the Sea Legislation Amendment Bill 2018
No. , 2018
(a) as in force or existing at a particular time; or
1
(b) as in force or existing from time to time;
2
even if the instrument or other document does not exist when the
3
regulations come into operation.
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5 Subsections 34(4), (5) and (6)
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Omit "made pursuant to the regulations".
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6 Subsection 34(8)
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Repeal the subsection, substitute:
8
(8) Despite section 14 of the Legislation Act 2003, an order may make
9
provision in relation to a matter by applying, adopting or
10
incorporating, with or without modification, any matter contained
11
in an instrument or other document:
12
(a) as in force or existing at a particular time; or
13
(b) as in force or existing from time to time;
14
even if the instrument or other document does not exist when the
15
order comes into operation.
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7 Application provision
17
The amendments of section 26F of the Protection of the Sea
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(Prevention of Pollution from Ships) Act 1983 made by this Schedule
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apply in relation to the discharge of garbage from a ship on or after the
20
commencement of this item.
21
Other amendments Schedule 2
No. , 2018
Protection of the Sea Legislation Amendment Bill 2018
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Schedule 2--Other amendments
1
2
Protection of the Sea (Shipping Levy Collection) Act 1981
3
1 Subsection 8(3)
4
Omit "by notice served on the master of the ship in such manner as is
5
prescribed", substitute "by written notice given to the master of the
6
ship".
7