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Maritime Legislation Amendment Bill 2015

Schedule 1 Amendments commencing 28 days after Royal Assent

Part 1 Amendment of the Navigation Act 2012

Navigation Act 2012

1  Subsection 14(1) (definition of dangerous goods )

Repeal the definition, substitute:

dangerous goods has the same meaning as in Chapter VII of the Safety Convention.

2  Subsection 14(1) (definition of International Maritime Dangerous Goods Code )

Repeal the definition.

3  Paragraphs 96(4)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  overloading (Division 3); and

                     (b)  loading (Subdivision A of Division 4); and

                     (c)  dangerous goods (Subdivision B of Division 4).

Part 2 Amendment of the Protection of the Sea (Civil Liability) Act 1981 and the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008

Protection of the Sea (Civil Liability) Act 1981

4  Subsection 15(6)

Omit “a ship as defined by subsection 7(4)”, substitute “a ship that is not a regulated Australian vessel”.

5  Paragraph 15(7)(a)

Repeal the paragraph, substitute:

                     (a)  if the ship is registered in Australia and is not a Government ship:

                              (i)  in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or

                             (ii)  in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or

6  At the end of paragraphs 15(7)(b) and (c)

Add “or”.

Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008

7  Section 3 (definition of domestic voyage ship )

Repeal the definition.

8  Section 14

Omit “a domestic voyage ship”, substitute “a ship that is not a regulated Australian vessel”.

9  Section 15 (table item 1)

Repeal the item, substitute:

 

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

Part 3 Amendment of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

10  Paragraph 3(1A)(b)

Repeal the paragraph, substitute:

                     (b)  the waters of the sea that are on the landward side of that part or those parts of the territorial sea (including any waters of the sea that are within the limits of the State).

11  Paragraph 3(1C)(b)

Repeal the paragraph, substitute:

                     (b)  the waters of the sea that are on the landward side of that part or those parts of the territorial sea (including waters of the sea that are within the limits of the Territory).

Part 4 Transitional provisions

12  Application of amendments

The amendments made by this Schedule apply in relation to acts, omissions and other matters occurring after the commencement of this Schedule.