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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Special Recreational Vessels Bill 2019
No. , 2019
(Infrastructure, Transport, Cities and Regional Development)
A Bill for an Act to allow special recreational
vessels to apply for temporary licences under the
Coastal Trading (Revitalising Australian Shipping)
Act 2012
, and for related purposes
No. , 2019
Special Recreational Vessels Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Extension to Territories ..................................................................... 4
6
Act to bind the Crown ....................................................................... 4
Part 2--Special recreational vessel temporary licences
5
7
Simplified outline of this Part ............................................................ 5
8
Application for special recreational vessel temporary licence ........... 5
Part 3--Application and modification of the Coastal Trading
Act
7
9
Simplified outline of this Part ............................................................ 7
10
Application of the Coastal Trading Act ............................................. 7
11
Additional general operation of the Coastal Trading Act .................. 8
12
Certain provisions of the Coastal Trading Act do not apply .............. 8
13
Modification of particular provisions of the Coastal Trading
Act ..................................................................................................... 9
Part 4--Miscellaneous
10
14
Simplified outline of this Part .......................................................... 10
15
Delegation ....................................................................................... 10
16
Rules ................................................................................................ 10
No. , 2019
Special Recreational Vessels Bill 2019
1
A Bill for an Act to allow special recreational
1
vessels to apply for temporary licences under the
2
Coastal Trading (Revitalising Australian Shipping)
3
Act 2012
, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act is the
Special Recreational Vessels Act 2019
.
9
Part 1
Preliminary
Section 2
2
Special Recreational Vessels Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes a means by which special recreational vessels
14
can opt in to the coastal trading regulatory scheme established by
15
the
Coastal Trading (Revitalising Australian Shipping) Act 2012
.
16
This Act does so by:
17
(a)
permitting applications for temporary licences
18
authorising special recreational vessels to carry
19
passengers in Australia to be made under this Act, but
20
treated as if they were applications under the
Coastal
21
Trading (Revitalising Australian Shipping) Act 2012
;
22
and
23
(b)
permitting applications by owners of special recreational
24
vessels for declarations that the
Coastal Trading
25
(Revitalising Australian Shipping) Act 2012
applies in
26
relation to intrastate voyages undertaken by such
27
vessels.
28
Preliminary
Part 1
Section 4
No. , 2019
Special Recreational Vessels Bill 2019
3
The general rules dealing with the granting of applications,
1
penalties and review of decisions relating to applications made
2
under this Act are found in the
Coastal Trading (Revitalising
3
Australian Shipping) Act 2012
. Those rules apply, with some
4
modifications made by this Act, in relation to special recreational
5
vessel temporary licences, applications for such licences and
6
voyages authorised by such licences.
7
4 Definitions
8
(1) In this Act:
9
Coastal Trading Act
means the
Coastal Trading (Revitalising
10
Australian Shipping) Act 2012
.
11
external to Australia
means:
12
(a) beyond the baseline from which the breadth of the territorial
13
sea is measured under section 7 of the
Seas and Submerged
14
Lands Act 1973
; or
15
(b) any waters on the landward side of the territorial sea that are
16
not within the limits of a State or internal Territory.
17
Note:
For the baseline, see
Australia's territorial sea baseline
(AGPS) 1988:
18
generally the baseline is the lowest astronomical tide along the coast,
19
but it also includes lines enclosing bays and indentations that are not
20
bays and straight baselines that depart from the coast.
21
rules
means rules made under section 16.
22
special recreational vessel
means a vessel that:
23
(a) is designed to be used wholly or primarily for recreational or
24
sporting activities; and
25
(b) is over 24 metres in length; and
26
(c) is not used wholly or primarily for carrying cargo.
27
special recreational vessel temporary licence
means a licence
28
granted under Division 2 of Part 4 of the Coastal Trading Act as
29
applied by Part 3 of this Act.
30
Note:
An application for a special recreational vessel temporary licence is
31
made under section 8 of this Act, but licences are granted under
32
Part 1
Preliminary
Section 5
4
Special Recreational Vessels Bill 2019
No. , 2019
Division 2 of Part 4 of the Coastal Trading Act as applied by Part 3 of
1
this Act.
2
voyage
, in relation to a special recreational vessel, means:
3
(a) the movement of the vessel in a way that would satisfy
4
paragraph 7(1)(a) or (b) of the Coastal Trading Act; or
5
(b) the movement of the vessel in a way that would satisfy
6
paragraph 7(1)(c) of the Coastal Trading Act if:
7
(i) the movement is, in whole or in part, external to
8
Australia; or
9
(ii) the vessel is owned, in whole or in part, by a
10
constitutional corporation; or
11
(iii) the movement of the vessel is within a Territory.
12
Note:
Generally the movement of a vessel is external to Australia if the
13
vessel travels seaward of the low water mark. See also the definition
14
of
external to Australia
.
15
Expressions used in the Coastal Trading Act
16
(2) Subject to subsection (1), an expression that is used in the Coastal
17
Trading Act has the same meaning, when used in this Act, as in
18
that Act.
19
(3) The rules may prescribe expressions to which subsection (2) does
20
not apply.
21
5 Extension to Territories
22
This Act extends to the external Territories.
23
6 Act to bind the Crown
24
This Act binds the Crown in each of its capacities.
25
Special recreational vessel temporary licences
Part 2
Section 7
No. , 2019
Special Recreational Vessels Bill 2019
5
Part 2--Special recreational vessel temporary
1
licences
2
3
7 Simplified outline of this Part
4
The owner, charterer, master or agent of a special recreational
5
vessel may apply to the Minister for a special recreational vessel
6
temporary licence to engage in coastal trading.
7
Applications are then considered under the Coastal Trading Act (as
8
applied by Part 3 of this Act).
9
8 Application for special recreational vessel temporary licence
10
(1) A person may apply to the Minister for a special recreational vessel
11
temporary licence to enable a special recreational vessel to be used
12
to engage in coastal trading over a 12-month period if the person is
13
the owner, charterer, master or agent of the vessel.
14
Note:
Applications made under this section are dealt with under Division 2
15
of Part 4 of the Coastal Trading Act: see sections 11 and 13 of this
16
Act.
17
(2) The application must be in writing and specify the following:
18
(a) the number of voyages to be authorised by the licence;
19
(b) the expected loading dates;
20
(c) the number of passengers expected to be carried (which must
21
not exceed 12);
22
(d) the kinds and volume of cargo expected to be carried (if any);
23
(e) the type and size, or type and capacity, of the vessel to be
24
used to carry the passengers or cargo (if known);
25
(f) the name of the vessel (if known);
26
(g) the ports at which the passengers or cargo are expected to be
27
taken on board;
28
(h) the ports at which the passengers are expected to disembark
29
or the cargo is expected to be unloaded;
30
Part 2
Special recreational vessel temporary licences
Section 8
6
Special Recreational Vessels Bill 2019
No. , 2019
(i) such other information as is prescribed by regulations made
1
for the purposes of paragraph 28(2)(h) of the Coastal Trading
2
Act;
3
(j) such other information as is prescribed by the rules.
4
(3) The application must be accompanied by the application fee for a
5
temporary licence prescribed by regulations made for the purposes
6
of subsection 28(3) of the Coastal Trading Act.
7
Application and modification of the Coastal Trading Act
Part 3
Section 9
No. , 2019
Special Recreational Vessels Bill 2019
7
Part 3--Application and modification of the
1
Coastal Trading Act
2
3
9 Simplified outline of this Part
4
This Part applies the Coastal Trading Act to special recreational
5
vessels to a limited extent to:
6
(a)
allow applications for special recreational vessel
7
temporary licences to be handled under that Act; and
8
(b)
allow such licences to be granted and dealt with under
9
that Act; and
10
(c)
allow voyages authorised by such licences to be
11
regulated under that Act.
12
This Part does not have the effect of applying the Coastal Trading
13
Act to special recreational vessels in relation to which there is no
14
special recreational vessel temporary licence, or to such vessels
15
undertaking voyages that are not authorised by a special
16
recreational vessel temporary licence.
17
In order for the Coastal Trading Act to operate appropriately in
18
relation to this Act, the text of some other provisions of the Coastal
19
Trading Act is notionally changed in relation to:
20
(a)
special recreational vessel temporary licences; and
21
(b)
applications for such licences; and
22
(c)
voyages authorised by such licences.
23
The modifications of concepts in the Coastal Trading Act also flow
24
through to other legislation as a result of this Part.
25
10 Application of the Coastal Trading Act
26
(1) Subject to the modifications provided by this Part, the Coastal
27
Trading Act applies in relation to:
28
(a) a special recreational vessel temporary licence; and
29
Part 3
Application and modification of the Coastal Trading Act
Section 11
8
Special Recreational Vessels Bill 2019
No. , 2019
(b) an application for a special recreational vessel temporary
1
licence or for a variation of such a licence; and
2
(c) a voyage authorised by a special recreational vessel
3
temporary licence.
4
(2) To avoid doubt, subsection (1) of this section applies despite
5
paragraph 10(f) of the Coastal Trading Act.
6
(3) The modifications apply for the purposes of the following Acts
7
(including any regulations or instruments made under those Acts):
8
(a) this Act;
9
(b) the Coastal Trading Act;
10
(c) any other Act or instrument that refers to the Coastal Trading
11
Act.
12
11 Additional general operation of the Coastal Trading Act
13
Subject to this Part, the Coastal Trading Act applies in relation to
14
the operation of this Act as if:
15
(a) a reference in the Coastal Trading Act to a temporary licence
16
included a reference to a special recreational vessel
17
temporary licence; and
18
(b) a reference in the Coastal Trading Act to a voyage, in relation
19
to a special recreational vessel or a special recreational vessel
20
temporary licence, were a reference to a voyage within the
21
meaning of this Act; and
22
(c) a reference in the Coastal Trading Act to an application made
23
under section 28 of that Act included a reference to an
24
application made under section 8 of this Act.
25
12 Certain provisions of the Coastal Trading Act do not apply
26
Section 4 of the Coastal Trading Act does not apply in relation to
27
the operation of this Act.
28
Application and modification of the Coastal Trading Act
Part 3
Section 13
No. , 2019
Special Recreational Vessels Bill 2019
9
13 Modification of particular provisions of the Coastal Trading Act
1
(1) Subject to this Part, the following table modifies particular
2
provisions of the Coastal Trading Act in relation to the operation of
3
this Act.
4
5
Modification of particular provisions of the Coastal Trading Act
Item
The following provisions of the
Coastal Trading Act:
apply as if ...
1
section 12
a reference in that section to a vessel
included a special recreational vessel
2
paragraph 35(2)(e)
the reference to the number of
passengers (if any) were instead a
reference to the maximum number
of passengers
3
subsection 37(2)
(a) a reference in paragraph (g) of
that subsection to the number of
passengers were instead a
reference to the maximum
number of passengers; and
(b) paragraph (h) were omitted from
that subsection
4
subsection 51(2)
(a) the words ", which must be 5 or
more," were omitted from
paragraph (a) of that subsection;
and
(b) that subsection included a
reference to rules made for the
purposes of subsection (2) of this
section
6
(2) The rules may prescribe other information that must be specified in
7
an application to vary a special recreational vessel temporary
8
licence under section 51 of the Coastal Trading Act.
9
Part 4
Miscellaneous
Section 14
10
Special Recreational Vessels Bill 2019
No. , 2019
Part 4--Miscellaneous
1
2
14 Simplified outline of this Part
3
This Part deals with miscellaneous matters.
4
15 Delegation
5
The Minister may, by writing, delegate all or any of the Minister's
6
functions or powers under this Act (other than section 16) to an
7
SES employee or acting SES employee in the Department.
8
Note:
The expressions
SES employee
and
acting SES employee
are defined
9
in section 2B of the
Acts Interpretation Act 1901
.
10
16 Rules
11
(1) The Minister may, by legislative instrument, make rules
12
prescribing matters:
13
(a) required or permitted by this Act to be prescribed by the
14
rules; or
15
(b) necessary or convenient to be prescribed for carrying out or
16
giving effect to this Act.
17
(2) To avoid doubt, the rules may not do the following:
18
(a) create an offence or civil penalty;
19
(b) provide powers of:
20
(i) arrest or detention; or
21
(ii) entry, search or seizure;
22
(c) impose a tax;
23
(d) set an amount to be appropriated from the Consolidated
24
Revenue Fund under an appropriation in this Act;
25
(e) directly amend the text of this Act.
26