Commonwealth of Australia Explanatory Memoranda

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MARITIME TRANSPORT SECURITY BILL 2003

2002-2003




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






SENATE









MARITIME TRANSPORT SECURITY BILL 2003











SUPPLEMENTARY EXPLANATORY MEMORANDUM













(Circulated by authority of the Minister for Transport and Regional Services,
the Honourable John Anderson, MP)

MARITIME TRANSPORT SECURITY BILL 2003

OUTLINE

The Government amendments to the Maritime Transport Security Bill 2003 (the Bill) will:

• clarify that maritime security outcomes are intended to meet Australia’s obligations under Chapter XI-2 of the SOLAS Convention and the ISPS Code in relation to the rights, freedoms and welfare of seafarers;

• clarify that the purpose of the Bill is not to hinder lawful advocacy, protest, dissent or industrial action;

• clarify that the definition of unlawful interference with maritime transport does not include lawful advocacy, protest, dissent or industrial action; and

• rectify an inconsistent penalty arrangement.

Financial impact statement

These amendments will not alter the financial impact statement made in the Explanatory Memorandum.

Regulation impact statement

The Office of Regulation Review has advised that the amendments do not require a Regulation Impact Statement.

MARITIME TRANSPORT SECURITY BILL 2003

NOTES ON CLAUSES

Amendment 1 relates to subclause 3(4), Purpose of this Act. The amendment provides that the maritime security outcomes are intended to meet Australia’s obligations under Chapter XI-2 of the SOLAS Convention and the ISPS Code in relation to the rights, freedoms and welfare of seafarers.

Amendment 2 relates to Clause 3, Purpose of this Act. The amendment inserts a new subclause 3(5) which clarifies that the purpose of the Bill is not to hinder lawful advocacy, protest, dissent or industrial action that does not compromise maritime security.

Amendment 3 relates to Clause 11, Meaning of unlawful interference with maritime transport. The amendment inserts a subclause (2) which clarifies that the definition of unlawful interference with maritime transport does not include lawful advocacy, protest, dissent or industrial action that does not result in, or contribute to, an action of a kind mentioned in paragraphs (1)(a) to (h). The insertion of subclause (2) has caused the original text in clause 11 to be re-numbered as subclause (1).

Amendment 4 relates to Clause 31, Notifying revocations. The amendment brings the penalty in subclause 31(2) in line with the penalty in subclause 27(2). The penalties are for similar offences.

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