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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure and Transport
the Honourable Anthony Albanese, MP)
NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012
OUTLINE
The Navigation Bill 2012 will provide the primary legislative means for the
Australian Government to regulate ship and seafarer safety, shipping aspects of
protecting the marine environment, as well as giving effect to the international
conventions to which Australia is a signatory and the actions of seafarers in Australian
waters.
In summary the new legislation will;
· recast the Navigation Act 1912 in modern plain language;
· reflect contemporary conditions and practices in the shipping industry;
· remove unnecessary and out-dated provisions;
· enhance ship safety and protection of the marine environment;
· introduce greater flexibility to allow regulation to remain contemporary with
national and international standards; and
· provide confidence and certainty for the shipping industry.
The Navigation Bill 2012 includes the repeal of the Navigation Act 1912. Upon
repeal, some minor consequential amendments will need to be made to a range of
Acts where the application of those Acts is defined by reference to the Navigation Act
1912.
This Bill makes those consequential changes to other legislation that relates to or
references the Navigation Act 1912 for definitions, application or exemption.
FINANCIAL IMPACT STATEMENT
This Bill is not expected to have any significant financial impact.
Statement of Compatibility with Human Rights
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Infrastructure and Transport, the Hon Anthony Albanese MP
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NOTES ON CLAUSES
Chapter 1--Preliminary
Part 1--Short title and commencement
Clause 1 Short title
This clause provides for the Bill, when enacted, to be cited as the Navigation
(Consequential Amendments) Act 2012.
Clause 2 Commencement
This clause deals with commencement of the Bill. The table in this clause sets out the
commencement dates for the provisions contained in the Bill. Clauses 1-3 will
commence on Royal Assent. Schedules 1 and 2 will commence at the same time as
the Navigation Bill 2012. Schedule 3 will commence on a day to be fixed by
proclamation which cannot be before the day the Maritime Labour Convention comes
into force for Australia.
Clause 3 Schedules
This clause provides that each Act that is specified in a Schedule to this Bill is
amended or repealed as set out in the applicable items in the Schedule, and any other
item in a Schedule to this Act has effect according to its terms.
Schedule 1--Repeal
Item 1
This item repeals the Lighthouses Act 1911.
Item 2
This item repeals the Navigation Act 1912.
Schedule 2-- Consequential amendments
Admiralty Act 1988
Item 1 Subsection 3(1)
This item inserts a definition of `coastal sea of Australia' into the Admiralty Act 1988
because the term is currently defined to have the same meaning as in the Navigation
Act 1912.
Item 2 Subsection 3(1)
This item inserts a definition of `off-shore industry fixed structure' into the Admiralty
Act 1988 because the definition is currently defined to have the same meaning as the
Navigation Act 1912.
3
Item 3 Subsection 3(1)
This item inserts a definition of `off-shore industry mobile unit' into the Admiralty Act
1988 because the definition is currently defined to have the same meaning as the
Navigation Act 1912.
Item 4 Subsection 3(1) (paragraph (c) of the definition of ship)
The definition of 'ship' in the Admiralty Act 1988 includes reference to an 'offshore
industry mobile unit' within the meaning of the Navigation Act 1912. With the repeal
of that Act, the reference is no longer necessary.
Item 5 Parts VII, VIII and IX
Section 48 in Part VII of the Admiralty Act 1988 validates certain provisions of the
Navigation Act 1912. That provision was included to deal with possible
inconsistencies between the Navigation Act 1912 and certain pre-1939 Imperial Acts
and non-compliance with the Colonial Courts of Admiralty Act 1890. The issue is
not relevant in respect of the proposed Navigation Act 2012 and section 48 will
become redundant on the repeal of the Navigation Act 1912. Section 7 of the Acts
Interpretation Act 1901 will preserve the operation of the validation provision to the
extent necessary.
Part VIII of the Admiralty Act 1988 amends provisions of the Navigation Act 1912.
The Part can be repealed as these provisions are spent.
Part IX of the Admiralty Act 1988 repeals a provision of the Shipping Registration Act
1981. The Part can be repealed as these provisions are also spent.
Age Discrimination Act 2004
Item 6 Schedule 2 (table item 8)
This item replaces the table item with a reference to regulations made for the purposes
of paragraph 29(2)(d) of the proposed Navigation Act 2012.
Australian Maritime Safety Authority Act 1990
Item 7 Subsection 3(1) (definition of the Safety Convention)
This item replaces the reference to the Navigation Act 1912 with the proposed
Navigation Act 2012.
Item 8 Section 46 (subparagraph (c)(i) of the definition of charge)
This item replaces the reference to the Navigation Act 1912 with the proposed
Navigation Act 2012.
Item 9 Section 46 (subparagraph (c)(v) of the definition of charge)
This item removes the reference to the Lighthouses Act 1911 as that Act is repealed.
Item 10 Paragraph 63(3)(a)
This item removes the reference to the Navigation Act 1912.
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Australian Meat and Live-Stock Industry Act 1997
Item 11 Subsection 57AA(5) (definition of Marine Orders)
This item replaces the reference to 425(1AA) of the Navigation Act 1912 with the
equivalent reference in the proposed Navigation Act 2012.
Carriage of Goods by Sea Act 1991
Item 12 Paragraph 19(a)
This item replaces the reference to the Navigation Act 1912 with the equivalent
reference in the proposed Navigation Act 2012.
Fair Work Act 2009
Item 13 Section 12 (definition of maritime employee)
This item amends the definition of 'maritime employee' consistently with the terms
used in the proposed Navigation Act 2012.
Section 12 of the Fair Work Act 2009 currently defines the term `maritime employee'
by reference to the Navigation Act 1912. This item amends the definition in section
12 of the Fair Work Act 2009 to refer to the corresponding terms in the proposed
Navigation Act 2012. This new definition replaces the term `seaman' with the term
`seafarer' for consistency with the proposed Navigation Act 2012.
In accordance with the requirements of the Multilateral Inter-Governmental
Agreement for a National Workplace Relations System for the Private Sector, relevant
States and Territories have been consulted on this amendment.
Federal Court of Australia Act 1976
Item 14 Paragraph 23DJ(2)(a)
This item replaces the reference to the Navigation Act 1912 with the equivalent
provision number in the proposed Navigation Act 2012.
Great Barrier Reef Marine Park Act 1975
Item 15 Subsection 3(1) (definition of port)
This item replaces the reference to the Navigation Act 1912 with the Navigation Act
2012.
Legislative Instruments Act 2003
Item 16 Subsection 54(2) (table items 27 and 28)
This item removes exemptions from the sunsetting requirements in the Legislative
Instruments Act 2003 for instruments made under identified provisions of the
Navigation Act 1912. Instruments made under the equivalent provisions of the
proposed Navigation Act 2012 will not be subject to sunsetting.
5
Marine Navigation Levy Act 1989
Item 17 Section 3 (paragraph (a) of the definition of tonnage)
This item omits the reference to the text of the Convention in Schedule 8 to the
Navigation Act 1912.
Item 18 Section 3 (at the end of the definition of tonnage)
This item adds a note at the foot of the definition to assist readers in finding the text of
the Convention.
Marine Navigation Levy Collection Act 1989
Item 19 Section 3 (definition of marine navigational aid)
This item removes the definition.
Item 20 Section 3 (definition of sea-going ship)
This item replaces the term 'marine navigational aid' with the term 'an AMSA aid to
navigation' which is defined in the proposed Navigation Act 2012.
Item 21 Section 3 (definition of ship)
This item replaces the definition of ship which references the Lighthouses Act 1911
with a new definition in the same terms.
Marine Navigation (Regulatory Functions) Levy Act 1991
Item 22 Section 3 (paragraph (a) of the definition of tonnage)
This item omits the reference to the text of the Convention in Schedule 8 to the
Navigation Act 1912.
Item 23 Section 3 (at the end of the definition of tonnage)
This item adds a note at the foot of the definition to assist readers in finding the text of
the Convention.
Marine Navigation (Regulatory Functions) Levy Collection Act 1991
Item 24 Section 3 (definition of marine navigational aid)
This item removes the definition.
Item 25 Section 3 (definition of sea-going ship)
This item replaces the term 'marine navigational aid' with the term 'an AMSA aid to
navigation' which is defined in the proposed Navigation Act 2012.
Item 26 Section 3 (definition of ship)
This item replaces the definition of ship which references the Lighthouses Act 1911
with a new definition in the same terms.
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Maritime Legislation Amendment Act 2007
Item 27 Subitem 17(2) of Schedule 1 (subparagraph (b)(ii) of the cell at
table item 1.1, column headed "Condition")
This item replaces the reference to the Navigation Act 1912 with a reference to the
proposed Navigation Act 2012.
Maritime Transport and Offshore Facilities Security Act 2003
Item 28 Section 10
This item inserts a definition of AMSA inspector.
Item 29 Section 10 (definition of AMSA surveyor)
This item removes the definition of AMSA surveyor as this term is no longer used in
the proposed Navigation Act 2012.
Item 30 Section 10 (definition of inter-State voyage)
This item replaces the definition of `inter-state voyage' which is currently defined to
have the same meaning as in the Navigation Act 1912 with a new definition in the
same terms.
Item 31 Section 10 (definition of overseas voyage)
This item replaces the definition of 'overseas voyage' which is currently defined to
have the same meaning as in the Navigation Act 1912 with a new definition in the
same terms.
Item 32 Section 146
This item replaces the reference to AMSA surveyors with AMSA inspectors.
Item 33 Section 147(1)(d)
This item replaces the reference to an AMSA surveyor with AMSA inspector.
Occupational Health and Safety (Maritime Industry) Act 1993
The coverage of the Occupational Health and Safety (Maritime Industry) Act 1993
(the OHS(MI) Act) is established by section 6 of the OHS(MI) Act and is dependent
on the Navigation Act1912. Section 6 provides that the OHS(MI) Act applies to
`prescribed ships' and `prescribed units', which are in turn defined as a ship or
offshore mobile unit to which Part II of the Navigation Act1912 applies.
The purpose of these amendments is to preserve the current coverage of the OHS(MI)
Act pending a more comprehensive review of the jurisdiction of the OHS(MI) Act and
the Seafarers Rehabilitation and Compensation Act 1992 (the Seafarers Act) in
consultation with stakeholders.
Both the OHS(MI) Act and the Seafarers Act will continue to apply to those ships
(and units) to which the Act applied immediately before the repeal of the Navigation
Act 1912 Act.
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Item 34 Section 4 (definition of articles of agreement)
This item repeals the definition of articles of agreement from Section 4 of the
OHS(MI Act). This term is no longer relevant following amendments made to the
definition of `employee' in the OHS(MI Act).
Item 35 Section 4 (paragraph (b) of the definition of employee)
This item amends paragraph (b) of the definition of `employee' to provide that an
employee is a person who is on board a prescribed ship or prescribed unit and is
subject to a work agreement for the purposes of the proposed Navigation Act 2012.
This definition is consistent with the proposed Navigation Act 2012, which replaces
the concept of `articles of agreement' in the Navigation Act 1912 with the term `work
agreement'. The intention is to continue to align these two terms so that they continue
to take the same meaning across the both the Navigation Act 2012 and the OHS(MI)
Act.
Item 36 Section 4 (definition of off-shore industry mobile unit)
This item provides that an off-shore industry mobile unit has the same meaning as it
had in the Navigation Act 1912, immediately before the repeal of that Act.
Item 37 Section 4 (definition of prescribed ship)
This item provides that a prescribed ship is either a ship to which Part II of the
Navigation Act 1912 would apply if that Act had not been repealed; or a ship that is
declared under subsection 4A(1) to be a prescribed ship.
This clause also provides that a prescribed ship does not include any of the following:
· a Government ship,
· a ship or off shore industry mobile unit to which the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 applies, or
· a ship that is declared under subsection 4A(2) not to be a prescribed ship.
Item 38 Section 4 (definition of prescribed unit)
This clause provides that a prescribed unit is either:
· an off shore industry mobile unit that is not self propelled and is under tow; or
· a vessel or structure declared under subsection 4B(1) to be a prescribed unit.
This clause also provides that a prescribed unit does not include a vessel or structure
which is declared under subsection 4B(2) not to be a prescribed unit.
Item 39 At the end of Division 2 of Part 1
This item inserts section 4A into the OHS(MI) Act and enables the Minister to include
a ship in the coverage of the Act, or exclude the ship, by declaring it `in' or `out' of
the definition of `prescribed ship'. New section 4B would also enable the Minister to
declare a vessel or structure `in' or `out' of the definition of `prescribed unit' This
provision builds in flexibility and would enable the Minister to clarify the coverage of
the OHS(MI) Act as he or she considered necessary and appropriate.
8
Item 40 Subsection 6(3)
This item inserts subsection 6(3) into the OHS(MI) Act, and preserves the application
of the Act to:
· vessels covered by a declaration under subsection 8A(2) of the Navigation Act
1912 immediately before the repeal of that Act; and
· ships covered by a declaration under subsection 8AA(2) of the Navigation Act
1912 immediately before the repeal of that Act.
New subsection 6(3) also provides for the application of the OHS(MI) Act to vessels
and ships covered by a declaration made by the Seacare Authority under subsection
6(3AB).
Subsection 6(3AA) provides that the OHS(MI) Act does not apply to a vessel or ship
that is covered by a declaration in force under subsection 6(3AC) of that Act.
Subsection 6(3AB) enables the Seacare Authority to declare that the OHS(MI) Act
applies to a vessel or ship that would be an off shore industry vessel, or a trading ship,
within the meaning of the Navigation Act 1912 Act if that Act had not been repealed.
Subsection 6(3AC) enables the Seacare Authority to declare that the OHS(MI) Act
does not apply to a vessel or ship that would be an off shore industry vessel, or a
trading ship, within the meaning of the Navigation Act 1912 if that Act had not been
repealed.
Declarations under subsections 6(3AB) and 6(3AC) are required to be made in
writing.
Subsection 6(3AD) provides that a declaration made under subsection 6(3AB) or
6(3AC) is not a legislative instrument. Such declaration would not be a legislative
instrument within the meaning of section 5 of the Legislative Instruments Act 2003.
Therefore, this provision has been included to assist readers.
Item 41 Section 7 (heading)
This item substitutes a new heading for section 7.
Item 42 Section 7
This item replaces a reference to the Navigation Act 1912 with a reference to the
proposed Navigation Act 2012.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
Item 43 Subsection 640(3) (paragraph (a) of the definition of
Commonwealth maritime legislation)
This item replaces the reference to the Navigation Act 1912 with the Navigation Act
2012.
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Protection of the Sea (Civil Liability) Act 1981
Item 44 Subsection 3(1)
This item inserts a definition of `regulated Australian vessel', consistently with the
definition of that term in the proposed Navigation Act 2012.
Item 45 Section 7
Subsection 7(1) provides that Part II of the Protection of the Sea (Civil Liability) Act
1981, together with the applied provisions of the Convention and regulations made for
section 12 of that Act, do not apply to a vessel that is not a regulated Australian vessel
under the proposed Navigation Act 2012, when it is in an area where State and
Territory law gives effect to the applied provisions in respect of the vessel.
Subsection 7(2) retains the limitation in the repealed subsection 7(2).
Item 46 At the end of paragraph 15(8)(a)
This item amends paragraph 15(8)(a) to make it clear that each of the paragraphs of
the subsection are alternatives in line with modern drafting practice.
Item 47 Paragraph 15(8)(b)
This item replaces the reference to a surveyor under the Navigation Act 1912 with a
reference to an inspector under the Navigation Act 2012.
Item 48 Section 19A (paragraph (b) of the definition of officer)
This item replaces the reference to a surveyor under the Navigation Act 1912 with a
reference to an inspector under the proposed Navigation Act 2012.
Item 49 Subsection 20(6)
This item repeals the subsection as it refers to a provision of the Navigation Act 1912
which is not included in the proposed Navigation Act 2012.
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
Item 50 Section 3 (paragraph (b) of the definition of enforcement officer)
This item replaces the reference to a surveyor under the Navigation Act 1912 with a
reference to an inspector under the Navigation Act 2012.
Item 51 Section 3
This item inserts a definition of `regulated Australian vessel', consistently with the
definition of that term in the proposed Navigation Act 2012.
Item 52 Section 10
Subsection 10(1) provides that Part II of the Protection of the Sea (Civil Liability for
Bunker Oil Pollution Damage) Act 2008 does not apply to a vessel that is not a
regulated Australian vessel under the proposed Navigation Act 2012, when it is in an
area where State and Territory law gives effect to the relevant provisions in respect of
the vessel.
Subsection 10(2) retains the limitation in the repealed section 10(2).
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Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
Item 53 Paragraph 16(1)(b)
This item amends the paragraph to replace the reference to a surveyor for the purposes
of the Navigation Act 1912 with a reference to an inspector under the proposed
Navigation Act 2012.
Protection of the Sea (Powers of Intervention) Act 1981
Item 54 Subsection 3(1) (paragraph (b) of the definition of ship)
This item replaces the reference in the paragraph to the definition of 'ship' in the
Navigation Act 1912 with a reference to the definition of 'vessel' in the proposed
Navigation Act 2012.
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Item 55 Subsection 3(1) (paragraph (a) of the definition of inspector)
This item replaces the reference to a surveyor for the purposes of the Navigation Act
1912 with a reference to an inspector under the proposed Navigation Act 2012.
Item 56 Subsection 3(1)
This item inserts a definition of the proposed Marine Safety (Domestic Commercial
Vessel) National Law Act 2012.
Item 57 Subsection 3(1) (definition of overseas voyage)
This item inserts a definition of overseas voyage which mirrors the definition in the
proposed Navigation Act 2012.
Item 58 Section 3(1) (definition of Protected Zone)
This item inserts a definition of the Protected Zone consistently with the proposed
Navigation Act 2012.
Item 59 Section 3(1)
This item inserts a definition of the term 'regulated Australian vessel' consistently with
the proposed Navigation Act 2012.
Item 60 Section 3(1) (definition of Tonnage Measurement Convention)
This item replaces the definition of the 'Tonnage Measurement Convention' with a
reference to the definition in the proposed Navigation Act 2012.
Item 61 Subparagraphs 9(4)(a)(iii) and (b)(iii)
This item replaces the references in these provisions to the Navigation Act 1912 with
the equivalent provision in the proposed Navigation Act 2012.
Item 62 Subparagraph 9(4)c)(iii)
This item replaces references to regulations made under a particular provision of the
Navigation Act 1912 with the equivalent provision in the proposed Navigation Act
2012.
11
Item 63 Subparagraphs 9(4)(d)(vii) and (e)(vi)
This item replaces references to regulations made under a particular provision of the
Navigation Act 1912 with the equivalent provision in the proposed Navigation Act
2012.
Item 64 Paragraphs 21A(1)(a) and (2)(a)
This item replaces references to the Navigation Act 1912 with references to
regulations made under the proposed Navigation Act 2012.
Item 65 Paragraph 22A(1)(b)
This item replaces a reference to the Navigation Act 1912 with the equivalent
reference in the proposed Navigation Act 2012.
Item 66 Section 26EAA
This item removes the section which is no longer required.
Item 67 Subsection 26FET(9)
This item removes the section which is no longer required.
Item 68 Subsection 33 (2)
This item replaces the subsection in terms that allow for the regulations and orders
made under the Act to not apply, or to be 'rolled back', for vessels that are not
regulated Australian vessels in certain circumstances. Those circumstances are where
the vessel is in an area where a provision of the proposed Marine Safety (Domestic
Commercial Vessel) National Law Act 2012 that gives effect to identified provisions
of the Convention applies to it. This means that, if a National Law provision
implements a relevant provision of the Convention, the requirements in the National
law will apply to a domestic commercial vessel, and the provision applicable under
this Act is 'rolled back'.
Where the National Law does not give effect to the identified provisions in respect of
a domestic commercial vessel, and in respect of recreational vessels, this item also
provides for the roll-back of the provision of the Bill when it is in an area where State
and Territory law gives effect to the relevant provision of the Convention in respect of
the vessel.
Item 69 Subsection 33(3)
This item replaces the reference to a 'ship' described in subsection 33(4) with a
reference to a 'regulated Australian vessel'.
Item 70 Subsections 33(4) and (5)
This item repeals these provisions which reference terminology and definitions from
the Navigation Act 1912 and are redundant.
Protection of the Sea (Shipping Levy Collection) Act 1981
Item 71 Subsection 4(1) (definition of light dues)
This item removes the definition which is no longer required.
12
Item 72 Subsection 4(1) (definition of overseas voyage)
This item inserts a definition of overseas voyage which mirrors the definition in the
proposed Navigation Act 2012.
Item 73 Subsection 4(1) (definition of Protected Zone)
This item inserts a definition of the Protected Zone consistently with the proposed
Navigation Act 2012.
Item 74 Subsection 4(1) (definition of ship)
This item replaces the definition of 'ship' consistently with the new terminology used
for vessel in the proposed Navigation Act 2012.
Item 75 Subsection 4(1) (definition of Tonnage Measurement
Convention)
This item replaces the definition of the Tonnage Measurement Convention with a
reference to the definition in the proposed Navigation Act 2012.
Item 76 Subsection 8(2)
This item removes the subsection which is no longer required.
Radiocommunications Act 1992
Item 77 Paragraph 108(2)(f)
This item replaces a reference to a provision of the Navigation Act 1912 with a
reference to the equivalent provision in the proposed Navigation Act 2012.
Seafarers Rehabilitation and Compensation Act 1992
The coverage of the Seafarers Rehabilitation and Compensation Act 1992 (the
Seafarers Act) is established by section 19 of the Seafarers Act and is dependent on
the Navigation Act 1912. Section 19 provides that the Seafarers Act applies to
`prescribed ships', which are in turn defined as a ship to which Part II of the
Navigation Act1912 applies.
The purpose of these amendments is to preserve the current coverage of the Seafarers
Act pending a more comprehensive review of the jurisdiction of the Seafarers Act and
the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act)
to be undertaken in consultation with stakeholders.
Both the Seafarers Act and the OHS(MI) Act will continue to apply to those ships
(and units) to which the Act applied immediately before the repeal of the Navigation
Act 1912.
Item 78 Section 3 (definition of Navigation Act)
This item repeals the definition of Navigation Act from Section 3 of the Seafarers Act.
This definition is no longer required as a result of other amendments made by this
Bill.
13
Item 79 Section 3(1) (definition of prescribed ship)
Section 19 of the Seafarers Act provides that the Act applies to `prescribed ships'.
This item amends the definition of `prescribed ship' found in subsection 3(1) of the
Seafarers Act to ensure that the Act continues to apply to those ships to which Part II
of the Navigation Act 1912 would apply if that Act had not been repealed, as well
ships declared under subsection 4A(1) to be a prescribed ship.
This item also provides that a prescribed ship is neither a Government ship nor or a
ship that is declared under subsection 3A(2) not to be a prescribed ship.
Item 80 Section 3 (definition of seafarer)
This item provides that a seafarer is person who is employed in any capacity on a
prescribed ship, on the business of the ship. This definition is consistent with the
meaning of seafarer in the proposed Navigation Act 2012.
The intention is to continue to align these two terms so that they continue to take the
same meaning across the both the proposed Navigation Act 2012 and the Seafarers
Act.
Item 81 After section 3
Section 19 of the Seafarers Act provides that the Act applies to `prescribed ships'.
This item inserts section 3A into the Seafarers Act and enables the Minister to declare
a ship `in' or `out' of the definition of prescribed ship.
Item 82 Subsection 19(1A)
This item replaces subsection 19(1A) of the Seafarers Act and provides that this Act
also applies to the employment of employees on any prescribed ship that:
· would have been an off shore industry vessel within the meaning of the
Navigation Act 1912 and either:
- was, immediately before the repeal of the Navigation Act1912, covered by a
declaration under subsection 8A(2) of that Act; or
- is covered by a declaration under subsection (1C) of the Seafarers Act; or
· would have been a trading ship within the meaning of the Navigation Act1912
and either:
- was, immediately before the repeal of the Navigation Act1912, covered by a
declaration in force under subsection 8AA(2) of that Act; or
- is covered by a declaration in force under subsection (1C) of the Seafarers
Act.
This item also inserts new subsections 19(1B) to 19(1D). Subsection 19(1B) provides
that the Seafarers Act does not apply to a prescribed ship that is covered by a
declaration in force under subsection 19(1D) of that Act.
Subsection 19(1C) enables the Seacare Authority to declare that the Seafarers Act
applies to a prescribed ship that would be an off shore industry vessel, or a trading
ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.
14
Subsection 19(1D) enables the Seacare Authority to declare that the Seafarers Act
does not apply to a prescribed ship that would be an off shore industry vessel, or a
trading ship, within the meaning of the Navigation Act 1912 if that Act had not been
repealed. Declarations under subsections 19(1C) and 19(1D) are required to be made
in writing.
Subsection 19(1E) provides that a declaration made under subsection (1C) or (1D) is
not a legislative instrument. Such declaration would not be a legislative instrument
within the meaning of section 5 of the Legislative Instruments Act 2003. Therefore,
this provision has been included to assist readers.
Item 83 Subsection 31(3)
This item substitutes the reference to `proper return port' in subsection 31(3) with a
reference to `home port'. Section 31 of the Seacare Act provides for compensation to
be payable for employees who are incapacitated for work as a result of injury. If the
employee is a seafarer, compensation is payable for each of the first 45 weeks after
the date on which the seafarer is left on shore at, or returned to, his or her home port
(or proper return port).
The intention is to continue to align the terms proper return port and home port so that
they continue to take the same meaning across both the proposed Navigation Act 2012
and the Seafarers Act.
Item 84 Subsection 31(15)
This item repeals subsection 31(15) of the Seafarers Act and is consequential on the
changes made to subsection 31(3) by this Bill.
Item 85 Application of amendments of section 31 of the Seafarers
Rehabilitation and Compensation Act 1992
This item clarifies that the amendments made to section 31 of the Seafarers Act apply
to cases where the employee is incapacitated for work after commencement of these
amendments.
Sea Installations Act 1987
Item 86 Subsection 4(1) (paragraph (b) of the definition of excluded
wreck)
This item replaces a reference to a wreck in the Navigation Act 1912 Act with the
equivalent reference in the proposed Navigation Act 2012.
Item 87 Subsection 4(1) (paragraph (d) of the definition of sea
installation)
This item removes a reference to a definition in the Navigation Act 1912.
Shipping Registration Act 1981
Item 88 Subsection 3(1) (definition of harbour)
This item repeals the definition of 'harbour' and substitutes a definition consistent with
the definition in the proposed Navigation Act 2012.
15
Item 89 Subsection 3(1)
This item inserts a definition of `issuing body' that is consistent with the definition of
that term in the proposed Navigation Act 2012.
Item 90 Subsection 3(1)(definition of Navigation Act)
This item replaces the reference to the Navigation Act 1912 with a reference to the
proposed Navigation Act 2012.
Item 91 Subsection 3(1) (paragraph (d) of the definition of seafarer)
This item replaces a reference to the Navigation Act 1912 with a reference to the
proposed Navigation Act 2012.
Item 92 Subsection 3(1) (definition of surveyor)
This item repeals the definition of surveyor which is no longer relevant.
Item 93 Subsection 3(1)
This item defines a work agreement for the purposes of the Shipping Registration Act
1981 by reference to the definition in the proposed Navigation Act 2012.
Item 94 At the end of section 13
This item makes it clear that vessels that are exempt from registration requirements
must nevertheless be registered if they undertake a voyage to a port or place outside
Australia.
Item 95 Subsection 15D(1)
This item replaces the reference to 'a surveyor' which is no longer relevant with 'an
employee or agent of an issuing body'.
Item 96 Subsection 15D(2)
This item replaces the reference to 'a surveyor' which is no longer relevant with 'an
employee or agent of an issuing body'.
Item 97 Subsection 15D(3)
This item replaces the reference to 'a surveyor' which is no longer relevant with 'an
employee or agent of an issuing body'.
Item 98 Paragraph 15F(2)(d))
This item replaces the reference to 'a surveyor' which is no longer relevant with 'an
employee or agent of an issuing body'.
Item 99 Subsection 15F(4)
This item replaces the reference to 'a surveyor' which is no longer relevant with 'an
employee or agent of an issuing body'.
Item 100 At the end of section 33A
This item inserts new subsection 33A(4) which makes it clear that certain provisions
of the proposed Navigation Act 2012 and relevant definitions apply in relation to
section 33A as if it was a provision of the proposed Navigation Act 2012.
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Item 101 Subparagraph 33B(1)(b)(i)
This item repeals a reference to a provision of the Navigation Act 1912.
Item 102 Subparagraph 33B(1)(b)(ii)
This item repeals a reference to a provision of the Navigation Act 1912.
Item 103 Subsection 61AD(1)
This item replaces a reference to a provision of the Navigation Act 1912 with a
reference to regulations under the relevant provision of the proposed Navigation Act
2012.
Item 104 Subsection 61AG(1)
This item replaces a reference to a Part of the Navigation Act 1912 with a reference to
the relevant Parts of the Navigation Act 2012.
Item 105 Subsection 61AH(2)
This item removes a reference to a provision of the Navigation Act 1912.
Item 106 Paragraph 61AI(1)(b)
This item omits a reference to a provision of the Navigation Act 1912.
Item 107 Subsection 61AI(2)
This item omits a reference to a provision of the Navigation Act 1912.
Item 108 Subsection 61AN(1)
This item replaces a reference to a provision of the Navigation Act 1912 with a
reference to the equivalent provision of the Navigation Act 2012.
Item 109 Subsection 61AO(1)
This item replaces a reference to a provision of the Navigation Act 1912 with a
reference to regulations under the relevant provision of the proposed Navigation Act
2012.
Item 110 At the end of Part VA
This item makes applicable to Part VA of the Shipping Registration Act 1981 certain
provisions of the proposed Navigation Act 2012 together with relevant definitions
provisions to facilitate the enforcement of the Part of this Act.
Parts 1, 2, 3 and 4 of Chapter 8 of the proposed Navigation Act 2012 apply as if Part
VA was a Part in that Act and as if civil penalty provisions in Part VA were civil
penalty provisions within the meaning of that Act.
Transport Safety Investigation Act 2003
Item 111 Paragraphs 18(3)(a) and 19(3)(a)
This item replaces a reference to the Navigation Act 1912 with the proposed
Navigation Act 2012.
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Schedule 3--Amendments relating to the Maritime Labour Convention
Navigation Act 2012
Item 1 At the end of paragraph 12(c)
This item inserts an `or' into paragraph 12(c) of the proposed Navigation Act 2012,
consistently with modern drafting standards.
Item 2 After paragraph 12(c)
This item inserts the term for the Maritime Labour Convention into the "rollback"
provision in section 12 of the proposed Navigation Act 2012.
Item 3 Subsection 14(1)
This item inserts a definition of the Maritime Labour Convention.
Item 4 Section 24
This item amends the definition of `substandard' to include a reference to the
Maritime Labour Convention.
Item 5 At the end of subsection 340
This item provides a regulation making power to give effect to the Maritime Labour
Convention.
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