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Hansard
- Start of Business
- ABSENCE OF MR SPEAKER
- ECONOMIC AND FISCAL OUTLOOK REPORT
- WOOL INTERNATIONAL AMENDMENT BILL 2001
- WORKPLACE RELATIONS AMENDMENT (MINIMUM ENTITLEMENTS FOR VICTORIAN WORKERS) BILL 2001
- TRADE PRACTICES AMENDMENT (TELECOMMUNICATIONS) BILL 2001
- COMMONWEALTH ELECTORAL AMENDMENT BILL 2001
- STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT BILL 2001
- WORKPLACE RELATIONS AMENDMENT (TERMINATION OF EMPLOYMENT) BILL 2000
- STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT BILL 2001
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QUESTIONS WITHOUT NOTICE
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Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP) -
Economy: OECD Report
(Bartlett, Kerry, MP, Costello, Peter, MP) -
Employment and Unemployment: Statistics
(Crean, Simon, MP, Costello, Peter, MP) -
Trade: Export Performance
(Kelly, De-Anne, MP, Anderson, John, MP) -
Employee Entitlements Support Scheme
(Beazley, Kim, MP, Abbott, Tony, MP) -
Taxation: Government Policy
(Thompson, Cameron, MP, Costello, Peter, MP) -
Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP) -
Trade: OECD Report
(Secker, Patrick, MP, Vaile, Mark, MP) -
Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP) -
Workplace Relations: Workers' Entitlements
(Charles, Bob, MP, Abbott, Tony, MP) -
Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP) -
Wool Industry: Stockpile
(Hawker, David, MP, Truss, Warren, MP)
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Workplace Relations: Workers' Entitlements
- DISTINGUISHED VISITORS
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QUESTIONS WITHOUT NOTICE
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Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP) -
Families: Policy
(Lloyd, Jim, MP, Anthony, Larry, MP) -
Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP) -
Forest Products Industry
(Bailey, Fran, MP, Tuckey, Wilson, MP) -
Workplace Relations: Workers' Entitlements
(Beazley, Kim, MP, Abbott, Tony, MP)
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Workplace Relations: Workers' Entitlements
- MINISTER FOR EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS
- PERSONAL EXPLANATIONS
- QUESTIONS TO MR SPEAKER
- PERSONAL EXPLANATIONS
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QUESTIONS TO MR SPEAKER
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Questions on Notice
(Murphy, John, MP, SPEAKER, Mr) -
Member for McMillan: Misrepresentation
( O'Keefe, Neil, MP, SPEAKER, Mr) -
Member for McMillan: Misrepresentation
(Zahra, Christian, MP, SPEAKER, Mr) -
Seyffer, Mr John: Parliamentary Pass
(McLeay, Leo, MP, SPEAKER, Mr) -
Member for McMillan: Misrepresentation
(O'Keefe, Neil, MP, SPEAKER, Mr) -
Seyffer, Mr John: Parliamentary Pass
(McMullan, Bob, MP, SPEAKER, Mr) -
Seyffer, Mr John: Parliamentary Pass
(McLeay, Leo, MP, SPEAKER, Mr) -
Minister for Foreign Affairs
(Irwin, Julia, MP, SPEAKER, Mr)
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Questions on Notice
- AUDITOR-GENERAL'S REPORTS
- PAPERS
- SPECIAL ADJOURNMENT
- COMMITTEES
- MATTERS OF PUBLIC IMPORTANCE
- BILLS RETURNED FROM THE SENATE
- COMMITTEES
- ADJOURNMENT
- INTERNATIONAL MARITIME CONVENTIONS LEGISLATION AMENDMENT BILL 2001
- COMMITTEES
- ADJOURNMENT
- Adjournment
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Main Committee
- Start of Business
- STATEMENTS BY MEMBERS
- INTERNATIONAL MARITIME CONVENTIONS LEGISLATION AMENDMENT BILL 2001
- ADJOURNMENT
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QUESTIONS ON NOTICE
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Human Rights: Sterilisation Procedures
(McClelland, Robert, MP, Williams, Daryl, MP) -
Greenhouse Gas Emissions
(Murphy, John, MP, Truss, Warren, MP) -
Sri Lanka: Ambassador to Australia
(Murphy, John, MP, Downer, Alexander, MP) -
International Court of Justice
(McClelland, Robert, MP, Downer, Alexander, MP) -
Australian Defence Force: Cadets
(Ferguson, Laurie, MP, Scott, Bruce, MP)
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Human Rights: Sterilisation Procedures
Page: 29658
Ms WORTH (Parliamentary Secretary to the Minister for Education, Training and Youth Affairs) (10:41 AM)
—by leave—I present a supplementary explanatory memorandum to the International Maritime Conventions Legislation Amendment Bill 2001. I move amendments (1) to (4):
(1) Schedule 3, item 10, page 32 (after line 21), after subsection (3), insert:
(3A) For the purposes of this section, damage to a ship or to its equipment does not include:
(a) deterioration resulting from failure to maintain the ship or equipment; or
(b) defects that develop during the normal operation of the ship or equipment.
(2) Schedule 3, item 37, page 38 (after line 23), after subsection (3), insert:
(3A) For the purposes of this section, damage to a ship or to its equipment does not include:
(a) deterioration resulting from failure to maintain the ship or equipment; or
(b) defects that develop during the normal operation of the ship or equipment.
(3) Schedule 3, page 49 (after line 20), after item 94, insert:
94A After subsection 26D(5)
Insert:
(5A) For the purposes of this section, damage to a ship or to its equipment does not include:
(a) deterioration resulting from failure to maintain the ship or equipment; or
(b) defects that develop during the normal operation of the ship or equipment.
(4) Schedule 3, page 53 (after line 20), after item 119, insert:
119A After subsection 26F(9)
Insert:
(9A) For the purposes of subsection (9), damage to a ship or to its equipment does not include:
(a) deterioration resulting from failure to maintain the ship or equipment; or
(b) defects that develop during the normal operation of the ship or equipment.
These amendments to the International Maritime Conventions Legislation Amendment Bill 2001 are in response to a decision in the New South Wales Court of Criminal Appeal in Morrison v. Peacock & Roslyndale Shipping Company Pty Ltd. In a number of sections of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, the master or owner of a ship is strictly liable if there is a discharge from the ship into the sea of, for example, oil, sewage or garbage. But a number of defences are available to the master or owner.
In two sections, it is not a defence if the discharge was the result of non-intentional damage. This defence is not available if the master or owner intended to cause the damage or acted recklessly with knowledge that the damage would probably result, or damage was the result of the negligence of the master or owner.
In another two sections, it is a defence if the discharge was a consequence of damage to a ship or its equipment. In the Morrison v. Peacock case, the New South Wales Court of Criminal Appeal held that the similar New South Wales act includes wear and tear. This is outside the intention of the meaning of the term as used in the International Convention for the Prevention of Pollution from Ships, where damage is intended to mean accidental damage—that is, damage resulting from an accident. The precedent value of the New South Wales decision may mean that wear and tear defence can be used in cases of discharge resulting from poor maintenance of a ship. These amendments will ensure that wear and tear defence cannot be used inappropriately, by providing that damage to a ship or its equipment does not include deterioration resulting from a failure to maintain the ship or equipment or defects that develop during the normal operation of the ship or equipment.
Amendments agreed to.
Bill, as amended, agreed to.
Ordered that the bill be reported to the House with amendments.