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Bill
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Adoption of Marine Safety (Domestic Commercial Vessel) National Law
- 5 Constitutional reach of Act
- 6 Relationship with State and Territory laws
- 7 Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws
- 8 Extraterritorial operation
- 9 Charging of fees by States etc. not prevented
- 10 National Regulator to pay amounts to States, etc.
- 11 Commonwealth consent to conferral of functions etc. on the National Regulator etc. by corresponding State-Territory laws
- 12 Meaning of corresponding State-Territory law
- 13 Meaning of imposes a duty
- 14 When duty imposed
- 15 Imposing duty under State or Territory law
- 16 Review of decisions under corresponding State-Territory laws
- 17 References in instruments to the National Law
- 18 Powers of magistrates
- 19 Regulations
- Part 1—Preliminary
- Part 2—The National Marine Safety Regulator
- Part 3—General safety duties relating to domestic commercial vessels
- Part 4—Vessel identifiers and certificates for vessels and seafarers
- Part 5—Assistance and reporting requirements
- Part 6—Powers of marine safety inspectors
- Part 7—Infringement notices
- Part 8—General matters
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marine Safety (Domestic Commercial Vessel) National Law Bill 2012
No. , 2012
(Infrastructure and Transport)
A Bill for an Act to provide for a national law about marine safety for certain commercial vessels, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Definitions.......................................................................................... 2
4............ Adoption of Marine Safety (Domestic Commercial Vessel) National Law 3
5............ Constitutional reach of Act.................................................................. 4
6............ Relationship with State and Territory laws.......................................... 5
7............ Avoiding inconsistency, including operational inconsistency, arising between this Act and State and Territory workplace health and safety laws......................................................................... 7
8............ Extraterritorial operation...................................................................... 8
9............ Charging of fees by States etc. not prevented...................................... 8
10.......... National Regulator to pay amounts to States, etc................................. 8
11.......... Commonwealth consent to conferral of functions etc. on the National Regulator etc. by corresponding State-Territory laws..................................................................................................... 9
12.......... Meaning of corresponding State-Territory law ................................ 10
13.......... Meaning of imposes a duty ............................................................... 10
14.......... When duty imposed.......................................................................... 11
15.......... Imposing duty under State or Territory law...................................... 12
16.......... Review of decisions under corresponding State-Territory laws........ 13
17.......... References in instruments to the National Law................................. 14
18.......... Powers of magistrates....................................................................... 14
19.......... Regulations....................................................................................... 14
Schedule 1—Marine Safety (Domestic Commercial Vessel) National Law 15
Part 1—Preliminary 15
1............ Short title........................................................................................... 15
2............ Commencement................................................................................. 15
3............ Objects of Law.................................................................................. 15
4............ Law binds the Crown........................................................................ 16
5............ Extended geographical jurisdiction—category A.............................. 16
6............ Definitions........................................................................................ 16
7............ Definition of domestic commercial vessel ......................................... 23
8............ Definition of vessel ........................................................................... 24
Part 2—The National Marine Safety Regulator 26
9............ The National Marine Safety Regulator.............................................. 26
10.......... Functions of the National Regulator.................................................. 26
11.......... Delegation......................................................................................... 27
Part 3—General safety duties relating to domestic commercial vessels 29
Division 1—Duties of owners 29
12.......... Duty of owners of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations.......................................................................................................... 29
13.......... Offences relating to contraventions of section 12.............................. 30
Division 2—Duties of designers, builders, suppliers etc. 31
14.......... Duty relating to design, manufacture etc. of domestic commercial vessels 31
15.......... Offences relating to contraventions of section 14.............................. 31
Division 3—Duties of masters 33
16.......... Duty of masters of domestic commercial vessels to ensure safety of vessels, marine safety equipment and operations.......................................................................................................... 33
17.......... Duty of masters of domestic commercial vessels to take reasonable care for safety of persons 33
18.......... Offences relating to contraventions of section 16 or 17.................... 34
Division 4—Duties of crew 36
19.......... Duty of crew of domestic commercial vessels to take reasonable care for safety of persons, etc. 36
20.......... Offences relating to contraventions of section 19.............................. 36
Division 5—Duties of passengers 38
21.......... Duty of passengers on domestic commercial vessels to take reasonable care for safety of persons, etc. 38
22.......... Offences relating to contraventions of section 21.............................. 38
Division 6—Other duties 40
23.......... Duty of persons relating to safety of persons on domestic commercial vessels, etc. 40
24.......... Offences relating to contraventions of section 23.............................. 40
25.......... Duty of persons in relation to domestic commercial vessels............. 41
26.......... Offences relating to contraventions of section 25.............................. 42
Division 7—General provisions 43
27.......... Determining what is reasonably practicable to ensure safety............. 43
28.......... Functions and powers of marine safety inspectors not affected........ 43
29.......... Requirements imposed by this Part do not limit one another............. 43
Part 4—Vessel identifiers and certificates for vessels and seafarers 44
Division 1—Unique identifiers 44
30.......... Person may apply for unique identifier............................................. 44
31.......... Issue of unique identifier................................................................... 44
32.......... Offence—operating etc. a vessel without a unique identifier (owner) 44
33.......... Offence—operating etc. a vessel without a unique identifier (master) 45
34.......... Offence—display etc. of a unique identifier (owner)........................ 45
35.......... Offence—display etc. of unique identifier (master)........................... 46
36.......... Offence—removal or alteration of a unique identifier....................... 46
Division 2—Certificates of survey 48
37.......... Person may apply for a certificate of survey..................................... 48
38.......... Issue of certificate of survey............................................................. 48
39.......... Person may apply for variation, suspension or revocation of a certificate of survey 49
40.......... Variation of certificate of survey....................................................... 49
41.......... Suspension of certificate of survey................................................... 49
42.......... Revocation of certificate of survey.................................................... 50
43.......... Offence—operating etc. a vessel without a certificate of survey (owner) 51
44.......... Offence—operating etc. a vessel without a certificate of survey (master) 51
45.......... Offence—breach of a condition of a certificate of survey (owner).... 52
46.......... Offence—breach of a condition of a certificate of survey (master)... 52
Division 3—Certificates of operation 53
47.......... Person may apply for a certificate of operation................................. 53
48.......... Issue of certificate of operation......................................................... 53
49.......... Person may apply for variation, suspension or revocation of a certificate of operation 54
50.......... Variation of certificate of operation................................................... 54
51.......... Suspension of certificate of operation............................................... 55
52.......... Revocation of certificate of operation................................................ 56
53.......... Offence—operating etc. a vessel without a certificate of operation (owner) 56
54.......... Offence—operating etc. a vessel without a certificate of operation (master) 57
55.......... Offence—breach of a condition of a certificate of operation (owner) 57
56.......... Offence—breach of a condition of a certificate of operation (master) 58
57.......... Obligation to notify National Regulator of certain matters................ 58
Division 4—Certificates of competency 59
58.......... Regulations may provide for certificate of competency..................... 59
59.......... Individual may apply for a certificate of competency........................ 59
60.......... Issue of certificate of competency..................................................... 59
61.......... Person may apply for variation, suspension or revocation of a certificate of competency 60
62.......... Variation of certificate of competency............................................... 61
63.......... Suspension of certificate of competency........................................... 61
64.......... Revocation of certificate of competency............................................ 62
65.......... Offence—owner causing etc. performance of duties or functions without a certificate of competency 62
66.......... Offence—person performing duties or functions without a certificate of competency 63
67.......... Offence—master causing etc. performance of duties or functions without a certificate of competency 63
68.......... Offence—owner causing etc. breach of a condition of a certificate of competency 64
69.......... Offence—breach of a condition of a certificate of competency by any person 64
70.......... Offence—master causing etc. breach of a condition of a certificate of competency 65
Division 5—General matters relating to unique identifiers and certificates 66
71.......... National Regulator may require information..................................... 66
72.......... National Regulator must give a show cause notice before varying, suspending or revoking a certificate 66
73.......... National Regulator may recognise certificates................................... 67
74.......... Fit and proper person........................................................................ 67
75.......... Regulations may provide for matters relating to certificates and unique identifiers 68
76.......... Regulations may provide for matters relating to applications for certificates and unique identifiers 68
77.......... Regulations may make provision in relation to the issue, variation and revocation of certificates and unique identifiers.......................................................................................................... 69
78.......... Regulations may make provision in relation to renewal and transfer of certificates 70
79.......... Regulations may require display of certificates................................. 70
80.......... Regulations may provide for certificate of operation for persons...... 70
81.......... Effect of certificate of operation for persons..................................... 70
82.......... Defeasibility...................................................................................... 71
83.......... Certificates etc. to be made available................................................. 71
84.......... National Regulator may require delivery of revoked certificates....... 71
Part 5—Assistance and reporting requirements 72
85.......... Obligation to render assistance.......................................................... 72
86.......... Obligation to render assistance if requisitioned................................. 72
87.......... Obligation to record requests for assistance...................................... 73
88.......... Reporting of marine incidents to National Regulator (owner)........... 74
89.......... Reporting of marine incidents to National Regulator (master)........... 74
90.......... Evidence of marine incidents............................................................. 75
Part 6—Powers of marine safety inspectors 77
Division 1—Appointment of marine safety inspectors etc. 77
91.......... Appointment of marine safety inspectors.......................................... 77
92.......... Identity cards..................................................................................... 77
93.......... False representation about being a marine safety inspector............... 78
94.......... Obstructing or hindering a marine safety inspector........................... 78
Division 2—Entry, search, seizure, detention and information-gathering powers 79
Subdivision A—Powers to facilitate boarding with or without consent or warrant 79
95.......... Requirement to facilitate boarding..................................................... 79
96.......... Entering certain premises for access to domestic commercial vessel. 79
Subdivision B—Powers relating to vessels, exercisable without consent or warrant 80
97.......... Boarding a vessel.............................................................................. 80
98.......... Requiring master of a vessel to answer questions about the nature of the vessel 81
99.......... Monitoring domestic commercial vessels.......................................... 82
100........ Sampling, securing or seizing things found using vessel monitoring powers 84
101........ Detaining domestic commercial vessels............................................ 85
102........ Offence—not complying with requirement made under section 99... 86
Subdivision C—Powers relating to any premises, exercisable with consent or warrant 87
103........ Entering premises with consent or under warrant............................. 87
104........ Monitoring premises......................................................................... 88
105........ Enforcement powers......................................................................... 90
106........ Requiring persons on premises entered under warrant to answer questions and produce documents 92
107........ Using force in executing a warrant.................................................... 93
108........ Relationship with Subdivision B....................................................... 93
Division 3—Other powers 94
109........ Giving directions............................................................................... 94
110........ Issuing improvement notices............................................................. 95
111........ Issuing prohibition notices................................................................ 96
112........ Copies of notices to be displayed and distributed.............................. 97
113........ Notices not to be tampered with or removed..................................... 98
Division 4—Persons assisting marine safety inspectors 99
114........ Persons assisting marine safety inspectors........................................ 99
Division 5—Obligations and incidental powers of marine safety inspectors 100
115........ Consent........................................................................................... 100
116........ Announcement before entry under warrant..................................... 100
117........ Marine safety inspector to be in possession of warrant................... 101
118........ Details of warrant etc. to be given to occupier................................. 101
119........ Completing execution of warrant after temporary cessation............ 102
120........ Completing execution of warrant stopped by court order................ 103
121........ Expert assistance to operate electronic equipment........................... 103
122........ Compensation for damage to electronic equipment......................... 103
123........ Extending period for which something is secured........................... 104
124........ Offence—interfering with securing of thing................................... 105
Division 6—Occupier’s rights and responsibilities 106
125........ Occupier entitled to observe execution of warrant........................... 106
126........ Occupier to provide marine safety inspector with facilities and assistance 106
Division 7—General provisions relating to seizure and detention 107
127........ Copies of seized things to be provided............................................ 107
128........ Receipts for seized things................................................................ 107
129........ Return of seized things.................................................................... 107
130........ Magistrate may permit a thing to be retained................................... 108
131........ Costs of detention........................................................................... 109
132........ Disposal of seized things and detained vessels............................... 110
133........ Compensation for acquisition of property....................................... 110
Division 8—Warrants 112
134........ Monitoring warrants....................................................................... 112
135........ Enforcement warrants..................................................................... 112
136........ Enforcement warrants by telephone, fax etc.................................... 113
137........ Offence relating to warrants by telephone, fax etc........................... 115
Part 7—Infringement notices 117
138........ Infringement notices........................................................................ 117
Part 8—General matters 118
Division 1—Review of decisions 118
139........ Reviewable decisions...................................................................... 118
140........ Internal review of reviewable decisions.......................................... 119
141........ Applications for AAT review......................................................... 120
142........ Review of decisions made under the regulations............................. 120
Division 2—Exemptions 121
143........ Power of exemption........................................................................ 121
144........ Offence of breaching a condition of exemption (owner)................. 121
145........ Offence of breaching a condition of exemption (master)................. 122
146........ Offence of breaching a condition of exemption (all persons).......... 122
Division 3—Application of National Law to certain bodies 123
147........ Treatment of partnerships................................................................ 123
148........ Treatment of unincorporated associations....................................... 123
149........ Treatment of trusts with multiple trustees........................................ 124
Division 4—Fees 125
150........ Charging of fees by the National Regulator.................................... 125
151........ Charging of fees by accredited persons........................................... 125
Division 5—Disclosure of information 126
152........ Disclosure of information by certain persons to the National Regulator.. 126
Division 6—Immunity from suit 127
153........ Immunity from suit......................................................................... 127
Division 7—Matters relating to evidence and proceedings, etc. 128
154........ National Regulator may require certain information........................ 128
155........ Offence not to give information...................................................... 128
156........ Evidentiary certificates.................................................................... 129
157........ Burden of proving certain matters lies on defendant....................... 129
Division 8—Adverse publicity orders 131
158........ Adverse publicity orders................................................................. 131
Division 9—Regulations and other legislative instruments 133
159........ Regulations..................................................................................... 133
160........ Regulations may prescribe matters relating to accreditation and approval 134
161........ Offence of contravening a condition of accreditation...................... 135
162........ Regulations may prescribe penalties etc.......................................... 137
163........ Legislative instruments other than regulations................................. 137
164........ Incorporation of material, etc........................................................... 138
165........ Regulations may deal with transitional matters................................ 138
A Bill for an Act to provide for a national law about marine safety for certain commercial vessels, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Sections 3 to 19 |
A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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3. Schedule 1 |
At the same time as the provisions covered by table item 2. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act.
(2) In the local application provisions of this Act:
Commonwealth Minister means the Minister of State administering this Act.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
corresponding State-Territory law : see section 12.
imposes a duty : see section 13.
international agreement means a treaty or agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth means the provisions applying as a law of the Commonwealth because of section 4.
participating Territory means the following:
(a) the Australian Capital Territory;
(b) the Jervis Bay Territory;
(c) the Territory of Ashmore and Cartier Islands;
(d) the Territory of Christmas Island;
(e) the Territory of Cocos (Keeling) Islands.
this jurisdiction means the Commonwealth.
(3) Terms used in the local application provisions of this Act and also in the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act have the same meanings in those provisions as they have in that Law.
4 Adoption of Marine Safety (Domestic Commercial Vessel) National Law
The Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to this Act, and regulations and other legislative instruments made under that Law:
(a) apply as a law of this jurisdiction; and
(b) as so applying, may be referred to as the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
(1) 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 authority;
(f) a vessel that is within a participating Territory;
(g) 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;
(h) any matter that may be made the subject of the jurisdiction of the High Court under paragraph 76(iii) of the Constitution;
(i) 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 in relation 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, master or crew of 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 1: 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.
Note 2: A reference to Australia in any other provision of this Act includes a reference to the coastal sea of Australia: see section 15B of the Acts Interpretation Act 1901 .
6 Relationship with State and Territory laws
(1) This Act is intended to apply to the exclusion of a law of a State or Territory that relates to marine safety so far as it would otherwise apply in relation to domestic commercial vessels.
(2) However, subsection (1) does not apply to a law of a State or Territory so far as:
(a) the law is prescribed by the regulations as a law to which that subsection does not apply; or
(b) the law deals with any of the following matters:
(i) management of ports, harbours and moorings;
(ii) environmental management, including pollution, impact assessments and sanctuaries;
(iii) pilotage;
(iv) management of dangerous goods;
(v) designation of waters, including designation of waters by reference to the vessels that are or are not permitted to operate in those waters;
(vi) regulation or prohibition of the operation of specified vessels or classes of vessels in specified areas;
(vii) harbour masters;
(viii) speed limits, navigation aids, traffic management plans, rules for prevention of collisions, no wash zones, the management of events on waterways, wrecks, salvage, passing dredges, towing objects, bar crossings and local knowledge requirements;
(ix) removing obstructions (including abandoned, sinking and derelict vessels) from navigable waters;
(x) the actions of persons under the influence of alcohol or other drugs;
(xi) false distress signals and calls;
(xii) management of passengers;
(xiii) repairs, cutting or welding occurring on board vessels;
(xiv) requirements for vessels conducting particular dangerous operations or operations that may cause offence, including hauling garbage;
(xv) prices charged for the provision of commercial services;
(xvi) fisheries management;
(xvii) storage, preparation, service and disposal of food and beverages on vessels;
(xviii) marine radio;
(xix) monitoring of marine communication services;
(xx) gas and electrical safety;
(xxi) workplace health and safety;
(xxii) emergency management and response;
(xxiii) any other matters prescribed by the regulations.
(3) To avoid doubt, this Act is not intended to apply to the exclusion of a law of a State or Territory that relates to activities or matters to which this Act does not apply under subsection 5(1).
(4) This Act is not intended to exclude or limit the operation of a law that is covered by subsection (2) and is capable of operating concurrently with this Act.
(5) This Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that is covered by subsection (2) and that makes an act or omission that is an offence against a provision of this Act an offence against the law of the State or Territory.
(6) Subsections (4) and (5) apply even if the law of the State or Territory does any one or more of the following:
(a) provides for a penalty for the offence that differs from the penalty provided for in this Act;
(b) provides for a fault element in relation to the offence that differs from the fault elements in relation to the offence against this Act;
(c) provides for a defence in relation to the offence that differs from the defences in relation to the offence against this Act.
(7) If:
(a) an act or omission of a person is both an offence against the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth and an offence against the law of a State or Territory or the common law; and
(b) the person is convicted of either of those offences;
the person is not liable to be convicted of the other of those offences.
(8) To avoid doubt, a reference in this section to a law of a State or Territory includes a reference to a provision of such a law.
(1) This section has effect despite anything else in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
(2) This section does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
(3) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not:
(a) prohibit the doing of an act; or
(b) impose a liability (whether civil or criminal) for doing an act;
if the doing of that act is specifically authorised or required by or under a provision of a law of a State or Territory that deals with workplace health and safety.
(4) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not:
(a) require the doing of an act; or
(b) impose a liability (whether civil or criminal) for not doing an act;
if the doing of that act is specifically prohibited by or under a provision of a law of a State or Territory that deals with workplace health and safety.
(5) A provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth does not operate to the extent necessary to ensure that no inconsistency (including operational inconsistency) arises between:
(a) the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth; and
(b) a provision of a law of a State or Territory that deals with workplace health and safety that would, but for this subsection, be inconsistent with the provision of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
This Act applies within and outside Australia.
9 Charging of fees by States etc. not prevented
This Act does not prevent a State or the Northern Territory, or an agency of a State or the Northern Territory, charging a fee in relation to a thing done under the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth by a delegate of the National Regulator, or an accredited person, who is an officer or employee of that State, the Northern Territory or that agency.
10 National Regulator to pay amounts to States, etc.
(1) If:
(a) an amount payable under an infringement notice is paid to the National Regulator; and
(b) the infringement notice was issued by a marine safety inspector who is an officer or employee of an agency of a State or the Northern Territory, or by the National Regulator on the recommendation of such a marine safety inspector;
the National Regulator must pay to that State or Territory an amount equal to that amount.
(2) A payment of an amount to a State or Territory under subsection (1) is subject to the condition that, if the National Regulator becomes liable to refund the whole or part of that amount, the State or Territory must pay to the National Regulator an amount equal to the amount that the National Regulator is liable to refund.
(1) A corresponding State-Territory law may confer functions or powers, or impose duties, on the National Regulator or other officer or authority of the Commonwealth.
(2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State-Territory law to the extent to which:
(a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority; or
(b) the authorisation would otherwise exceed the legislative power of the Commonwealth.
(3) Subsection (1) does not extend to a function, power or duty of a kind specified in regulations made for the purposes of this subsection.
(4) This Act is not intended to exclude or limit the operation of a corresponding State-Territory law that confers any functions or powers, or imposes any duties, on the National Regulator or other officer or authority to the extent to which that law:
(a) is consistent with subsections (1) to (3); and
(b) is capable of operating concurrently with this Act.
12 Meaning of corresponding State-Territory law
(1) For the purposes of this Act, corresponding State-Territory law means a law of a State or the Northern Territory that is declared by the Commonwealth Minister, by legislative instrument, to correspond to this Act, including such a law as amended from time to time.
(2) The Commonwealth Minister may revoke a declaration under subsection (1) in relation to a law of a State or the Northern Territory only if:
(a) the Minister is requested by the State or Territory concerned to revoke the declaration; or
(b) the State or Territory law has been amended otherwise than as unanimously agreed by the members of the COAG Council under the Intergovernmental Agreement for Commercial Vessel Safety Reform; or
(c) proposed amendments of the State or Territory law have been unanimously agreed by the members of the COAG Council under the Intergovernmental Agreement for Commercial Vessel Safety Reform, and the State or Territory law has not been amended in accordance with that agreement within a reasonable period after the agreement.
For the purposes of this Act, a corresponding State-Territory law imposes a duty on the National Regulator or other officer or authority if:
(a) the corresponding State-Territory law confers a function or power on the National Regulator or other officer or authority; and
(b) the circumstances in which the function or power is conferred give rise to an obligation on the National Regulator or other officer or authority to perform the function or to exercise the power.
Application
(1) This section applies if a corresponding State-Territory law purports to impose a duty on the National Regulator or other officer or authority of the Commonwealth.
State or Territory legislative power sufficient to support duty
(2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:
(a) imposing the duty is within the legislative powers of the State or Territory concerned; and
(b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth.
Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 11 to the imposition of the duty by that law).
Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not
(3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by force of the law of a State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.
(4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.
(5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:
(a) is within the legislative powers of the Commonwealth; and
(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth.
(6) To avoid doubt, neither this Act (nor any other law of the Commonwealth) imposes a duty on the National Regulator or other officer or authority of the Commonwealth to the extent to which imposing such a duty would:
(a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or
(b) otherwise exceed the legislative power of the Commonwealth.
(7) This section does not limit section 11.
15 Imposing duty under State or Territory law
(1) This section:
(a) applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State or the Northern Territory by a provision of a corresponding State-Territory law; and
(b) does not apply for those purposes if the corresponding State-Territory law otherwise provides.
(2) If the corresponding State-Territory law purports to impose a duty on the National Regulator or other officer or authority of the Commonwealth to do a particular thing, the duty is taken to be imposed by the corresponding State-Territory law to the extent to which imposing the duty:
(a) is within the legislative powers of the State or Territory concerned; and
(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Regulator.
(3) To avoid doubt, the corresponding State-Territory law does not impose the duty on the National Regulator or other officer or authority of the Commonwealth to the extent to which imposing the duty would:
(a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or
(b) otherwise exceed the legislative powers of the State or Territory concerned.
(4) If imposing on the National Regulator or other officer or authority of the Commonwealth the duty to do that thing would:
(a) contravene any constitutional doctrine restricting the duties that may be imposed on the National Regulator or other officer or authority of the Commonwealth; or
(b) otherwise exceed the legislative powers of both the State or Territory and the Commonwealth;
the corresponding State-Territory law is taken instead to confer on the National Regulator or other officer or authority of the Commonwealth a power to do that thing at the discretion of the National Regulator or other officer or authority of the Commonwealth.
16 Review of decisions under corresponding State-Territory laws
(1) Applications may be made to the Administrative Appeals Tribunal for review of reviewable State-Territory decisions.
(2) A decision made by the National Regulator in the performance of a function or the exercise of a power conferred by a corresponding State-Territory law is a reviewable State-Territory decision for the purposes of this section if:
(a) the law under which the decision was made provides for review by the Administrative Appeals Tribunal; and
(b) the decision is declared by the regulations to be a reviewable State-Territory decision for the purposes of this section.
(3) For the purposes of this section, the Administrative Appeals Tribunal Act 1975 has effect as if a corresponding State-Territory law were an enactment.
17 References in instruments to the National Law
(1) A reference in any Act or instrument to the Marine Safety (Domestic Commercial Vessel) National Law is a reference to:
(a) the Marine Safety (Domestic Commercial Vessel) National Law as applied under section 4; and
(b) a corresponding State-Territory law.
(2) Subsection (1) has effect except so far as the contrary intention appears in the Act or instrument or the context of the reference otherwise requires.
(1) A power conferred on a magistrate by the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth is conferred on the magistrate:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
(2) The magistrate need not accept the power conferred.
(3) A magistrate exercising a power conferred by the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth has the same protection and immunity as if he or she were exercising the power:
(a) as the court of which the magistrate is a member; or
(b) as a member of the court of which the magistrate is a member.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by the local application provisions of this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to the local application provisions of this Act.
Schedule 1 — Marine Safety (Domestic Commercial Vessel) National Law
Note: See section 4.