Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard   

Previous Fragment    Next Fragment
Thursday, 24 March 1994
Page: 2185


Senator SCHACHT (Minister for Science and Small Business and Minister Assisting the Prime Minister for Science) (12.45 p.m.) —by leave—I move:

(1)Clause 2, page 2, subclause (3), line 8, omit "The", substitute "Subject to subsection (4), the amendments of subsections 22(2) and (4) of the Protection of the Sea (Civil Liability) Act 1981 and the".

(2)Clause 2, page 2, add at the end the following subclause:

  "(4) The amendment of subsection 26AB(4) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 commences immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986.".

(3)Schedule 1, page 8, before proposed Part IVA of the Protection of the Sea (Civil Liability) Act 1981 insert the following amendments:

  "After subsection 22(1):

    Insert:

  `(1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.'.

  "Subsection 22(2):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 22(4):

    Insert:

`"exclusive economic zone" means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory;'.".

(4)Schedule 1, page 9, before proposed section 27A of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 insert the following amendments:

  "Subsection 3(1):

    Insert:

`"exclusive economic zone" means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory;

"Law of the Sea Convention" means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;

"territorial sea" means the territorial sea of Australia;'.

  "Section 6:

  Add at the end `and to the exclusive economic zone'.

  "Subsection 9(1B):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 11(1B):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 21(1B):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 22(1B):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 26AB(4):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 26B(2):

  Add at the end `or in the exclusive economic zone'.

  "Subsection 26F(4):

  Add at the end `or in the exclusive economic zone'.

  "Before section 27:

    Insert in Part IV:

  Power to require information

    `26G.(1) If:

  (a)a foreign ship is navigating in the territorial sea or the exclusive economic zone; and

  (b)there are clear grounds for believing that an act or omission that constitutes a contravention of this Act has occurred in relation to the ship while in the exclusive economic zone;

the Authority may require the master of the ship to give to the Authority such of the information referred to in subsection (2) as the Authority requires.

  `(2)All or any of the following information may be required:

  (a)the ship's identity;

  (b)its port of registry;

  (c)its last port of call;

  (d)its next port of call;

  (e)such other relevant information required to establish whether the contravention occurred.'.

  "After subsection 27(1):

    Insert:

  `(1A) This section does not authorise the inspection of a foreign ship navigating in the exclusive economic zone if the inspection is in respect of an act or omission, or possible act or omission, in relation to the ship while in the exclusive economic zone unless:

  (a)there are clear grounds for believing that the act or omission was a substantial discharge or disposal causing or threatening to cause significant pollution of the marine environment; and

    (b)a requirement for information under section 26G has not been complied with, or information supplied purportedly in compliance with such a requirement is manifestly at variance with the evident factual situation.'.".

(5)Schedule  1, page 10, after proposed subsection 27A(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 insert the following subsection:

  "`(1A) If the ship is detained under paragraph (1)(b) or (c), the Authority may escort it to a port.".

(6)Schedule 1, page 11, proposed subsection 27A(5) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, omit the definition of "exclusive economic zone".

(7)Schedule 1, page 11, proposed subsection 27A(5) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, omit the definition of "territorial sea".

(8)Schedule 1, page 11, proposed subsection 27B(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, omit the subsection.

(9)Schedule 1, page 11, after proposed section 27B of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 insert the following new section:

Failure to comply with requirements for information under foreign laws

  "`27C. The master and owner of an Australian ship are guilty of an offence if:

    (a)a requirement to give information is made, in relation to the ship, under a law of a foreign country in circumstances in which paragraph 3 of article 220 of the Law of the Sea Convention permits such a requirement to be made; and

    (b)the requirement is not complied with.

Penalty: 500 penalty units.'.".

(10)Schedule 1, page 11, proposed subsection 29(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, omit the proposed subsection, substitute the following subsection:

"`(2) If the prosecution relates to an act or omission that involves a foreign ship:

(a)the prosecution must not be brought more than 3 years after the act or omission; and

(b)the prosecution must be suspended if under paragraph 1 of article 228 of the Law of the Sea Convention the prosecution is required to be suspended, and must be terminated if under that paragraph the prosecution is required to be terminated.'.".

These amendments have been circulated. I understand that a Senate committee has reviewed them and supports them.