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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure, Transport, Regional Development
and Local Government, the Hon Catherine King MP)
SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2023
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 2023 to 30 June 2025.
The SRV Act was enacted to allow special recreational vessels (SRVs) (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The SRV Act was introduced with a sunset provision that would have automatically repealed
the legislation on 30 June 2021, in anticipation of reforms being agreed and introduced that
would incorporate SRVs in the broader coastal trading regime.
In 2021, the sunset date was extended to 30 June 2023, to grant the Government additional
time to undertake the coastal trading reforms due to the COVID-19 pandemic. The
COVID-19 pandemic, and associated supply chain disruptions, delayed the coastal trading
reform process that was commenced under the previous Government.
The Strategic Fleet Taskforce is expected to provide advice to Government on the regulatory
framework for shipping (including coastal trading) as part of its work. This advice is not
expected until June 2023. The extension of the SRV Act will provide sufficient time for the
relevant advice from the Taskforce to be considered and any potential amendments of the
Coastal Trading Act (including consideration of the SRV-related amendments) to be finalised.
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
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 2023
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 Bill is to extend the repeal date in section 17 of the Special Recreational
Vessels Act 2019 (SRV Act) from 30 June 2023 to 30 June 2025. 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 licenses to operate charters in Australia.
Human rights implications
The 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.
Minister for Infrastructure, Transport, Regional Development and Local Government
the Hon Catherine King MP
SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2023
NOTES ON CLAUSES
Clause 1: Short Title
1. This Act is the Special Recreational Vessels Amendment Act 2023.
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 after 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 2023", and substituting "30 June 2025".