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This Act may be cited as the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
This Act commences on 1 July 2012.
(1) The object of this Act is to provide a regulatory framework for coastal trading in Australia that:
(a) promotes a viable shipping industry that contributes to the broader Australian economy; and
(b) facilitates the long term growth of the Australian shipping industry; and
(c) enhances the efficiency and reliability of Australian shipping as part of the national transport system; and
(d) maximises the use of vessels registered in the Australian General Shipping Register in coastal trading.
(2) This Act aims to achieve its object by the following means:
(a) ensuring that a vessel that is used to engage in coastal trading under a general licence has unrestricted access to Australian waters;
(b) ensuring that a vessel that is used to engage in coastal trading has access to Australian waters under a temporary licence that is limited in time and to voyages authorised by the licence;
(c) ensuring that a vessel that is used to engage in coastal trading under an emergency licence has the access to Australian waters required to deal with the emergency to which the licence relates.
4 Constitutional basis for Act
(1) Without limiting its effect apart from this section, this Act applies to activities of, or matters that relate to, the following:
(a) a vessel engaged in trade and commerce:
(i) among the States; or
(ii) between a State and a Territory; or
(iii) between 2 Territories;
(b) a vessel that is external to Australia;
(c) a vessel of which the owner, or any of the owners, is a constitutional corporation;
(d) a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia’s obligations under an international agreement;
(e) a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth agency;
(f) navigation or shipping, to the extent that the navigation or shipping relates to trade and commerce:
(i) among the States; or
(ii) between a State and a Territory; or
(iii) between 2 Territories;
(g) things that are incidental to activities or matters referred to in any of the above paragraphs.
(2) For the purposes of subsection (1), an activity of, or a matter that relates to, a vessel includes, but is not limited to, an activity done by a person, or in relation to a person, in the capacity of owner of the vessel or seafarer working on the vessel.
(3) For the purposes of subsection (1), external to Australia means:
(a) beyond the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973 ; or
(b) any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory.
Note: For the baseline see Australia’s territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.
The following is a simplified outline of this Act:
⢠This Act regulates coastal trading by providing for licences to be granted that authorise vessels to carry passengers or cargo between ports in Australia. Using a vessel to engage in coastal trading without a licence may lead to a pecuniary penalty being imposed for the contravention of a civil penalty provision.
⢠Part 2 contains definitions for the Act, including a definition of coastal trading and voyage .
⢠Part 3 contains provisions relating to the application of the Act to various kinds of vessels, including provisions allowing the Minister to grant exemptions from the Act for vessels and people.
⢠Part 4 sets out the 3 kinds of licences (general licences, temporary licences and emergency licences) that may be granted and the application process for each. It also deals with matters such as conditions of licences and the cancellation of licences.
⢠Part 5 contains provisions relating to the enforcement of the Act.
⢠Part 6 deals with miscellaneous matters such as the review of certain decisions by the Administrative Appeals Tribunal and the delegation of the Minister’s and Secretary’s functions and powers under the Act.