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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
Special Recreational Vessels Amendment Bill 2021
EXPLANATORY MEMORANDUM
(Circulated by authority of the Deputy Prime Minister and Minister for Infrastructure,
Transport and Regional Development, the Hon Michael McCormack MP)
SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2021
OUTLINE
The purpose of the Bill is to amend the Special Recreational Vessels Act 2019 (SRV Act) to
extend the repeal date in section 17 of the Act from 30 June 2021 to 30 June 2023.
The SRV Act was enacted to allow special recreational vessels (also known as superyachts) to
opt into the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Coastal Trading
Act) so they could operate charters in Australia. The SRV Act included a sunset provision in
anticipation of the development of longer-term regulatory reforms to cover special
recreational vessels.
Due to the impact of COVID-19 pandemic on consultation timeframes, reforms will not be
identified and agreed before the SRV Act sunsets.
REASONS FOR AMENDMENT
The extension of the sunset provision in the SRV Act is needed to allow special recreational
vessels to continue to operate charters in Australia until a longer-term solution is found. The
ability to charter brings economic benefits into regional communities in Australia, supporting
local industries and establishing Australia as a destination for these vessels.
Financial impact statement
Nil
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SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2021
NOTES ON CLAUSES
Clause 1: Short Title
1. This Act is the Special Recreational Vessels Amendment Act 2021.
Clause 2: Commencement
2. This clause provides for when each provision of the Act will commence. In this case, the
whole of this Act commences the day this Act receives the Royal Assent.
Clause 3: Schedules
3. This clause provides that legislation that is specified in a Schedule to this Act is amended
or repealed as set out in the applicable items in the Schedule concerned, and any other
item in a Schedule to this Act has effect according to its terms.
Schedule 1--Amendments
Special Recreational Vessels Act 2019
Item 1 - Section 17
4. This clause amends the Section 17 of the Special Recreational Vessels Act 2019, omitting
"30 June 2021", and substituting "30 June 2023".
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Special Recreational Vessels Amendment Bill 2021
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.
Overview of the Bill
The purpose of the Amendment Bill is to extend the repeal date in section 17 of the Special
Recreational Vessels Act 2019 (SRV Act) from 30 June 2021 to 30 June 2023. Extending the
repeal date will ensure that special recreational vessels (also known as superyachts) can
continue to opt in to the coastal trading regulatory regime, established by the Coastal Trading
(Revitalising Australian Shipping) Act 2012, and obtain temporary licences to operate charters
in Australia.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
The only practical effect of passage of the Bill will be to allow superyachts to continue to opt
in to the coastal trading regime and operate charters on a temporary licence.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Deputy Prime Minister and Minister for Infrastructure, Transport and Regional
Development,
the Hon Michael McCormack MP
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