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Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Bill 2012

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2010-2011-2012

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

 

 

 

 

COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS)       BILL 2012

 

 

 

REVISED EXPLANATORY MEMORANDUM

 

 

(Circulated by authority of the Minister for Infrastructure and Transport,

the Honourable Anthony Albanese, MP)

 



COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS)       BILL 2012

POLICY CONTEXT

The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Bill 2012 is part of the Government’s Stronger Shipping for a Stronger Economy legislative package. The full policy context and background to the package is set out in the explanatory memorandum for the Coastal Trading (Revitalising Australian Shipping) Bill 2012 .

Stronger Shipping for a Stronger Economy Legislative Package

The shipping reforms are an integrated policy framework consisting of three legislative packages:

 

Coastal Trading

·          Coastal Trading (Revitalising Australian Shipping) Bill 2012

·          Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Bill 2012

Australian International Shipping Register

·          Shipping Registration Amendment (Australian International Shipping Register) Bill 2012

Taxation Incentives

·          Shipping Reform (Tax Incentives) Bill 2012

·          Tax Laws Amendment (Shipping Reforms) Bill 2012

 

OUTLINE

The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Bill 2012 (this Bill) amends certain Commonwealth laws and provides for transitional arrangements consequential to the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

The key contents of this Bill are as follows:

(a)     The Australian Maritime Safety Authority Act 1990 would be amended to enable the Australian Maritime Safety Authority to disclose information to a person for the purpose of the administration or enforcement of a Commonwealth law relating to coastal trading.

(b)    The Navigation Act 1912 would be amended to repeal sections 7 and 377JA and Part VI and to amend paragraphs 10(b) and (c) to effectively provide that a ship used to engage in coastal trading under a general licence (issued under the Coastal Trading (Revitalising Australian Shipping Act 2012 ) would be subject to Part II of the Navigation Act 1912 .

(c)     The Occupational Health and Safety (Maritime Industry) Act 1993 would be amended to clearly provide that this Act applies to a vessel used to engage in coastal trading under:

·          a general licence;

·          a temporary licence if the vessel is registered under the Australian International Shipping Register; and

·          an emergency licence if the vessel is registered either under the Australian International Shipping Register or the Australian General Shipping Register.

Effectively, the Occupational Health and Safety (Maritime Industry) Act 1993 applies to all Australian-registered vessels wherever they are located.

(d)    The Seafarers Rehabilitation and Compensation Act 1992 (the SRC Act) would be amended to provide that this Act applies to a vessel used to engage in coastal trading under general or an emergency licence if the vessel is registered in the Australian General Shipping Register.  It would also provide that the SRC Act does not apply to a vessel registered in the Australian International Shipping Register that is used to engage in coastal trading.

(e)     A Transitional General Licence is established which authorises a foreign vessel operating under a licence (issued under Part VI of the Navigation Act 1912 ) to engage in coastal trading under the new regulatory framework established by the Coastal Trading (Revitalising Australian Shipping) Act 2012 .  A foreign vessel operating under a Transitional General Licence would be subject to the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 .

(f)     A licence issued under the Navigation Act 1912 which was in force immediately before commencement of the Bill will continue to be in force for four months after the new law commences or on the date of cancellation whichever occurs first.

(g)    A permit, whether it is a Continuing Voyage Permit or a Single Voyage Permit, which was in force immediately before commencement of the Bill will continue to be in force until the day it would have expired (after commencement of this Bill) or for four months after the new law commences or on the date of cancellation whichever occurs first.

(h)    Any Declaration made under subsection 8AA(2) of the Navigation Act 1912 which was in force immediately before commencement of the Bill will continue to be in force for four months after the new law commences to the extent that the Declaration relates to a ship engaging in the coasting trade.

 

(i)      An application for a licence or a permit (under Part VI of the Navigation Act 1912 ) which was not decided immediately before commencement of the new law (that is, the Coastal Trading (Revitalising Australian Shipping) Act) will continue to be assessed under the Navigation Act 1912 .  Such Licence or Permit may be granted for a period of three months or less.

(j)      All orders (issued under section 7 of the Navigation Act 1912 ), permissions (issued under subsection 286(6) of the Navigation Act 1912 ) and exemptions (issued under section 421 of the Navigation Act 1912 ) will continue to be in force until their respective expiry dates.

 

 

FINANCIAL IMPACT STATEMENT

 

There will be no impact on Commonwealth expenditure.

 

 

REGULATORY IMPACT STATEMENT

 

A Regulatory Impact Statement was prepared on the shipping reform package.  This can be accessed at http://www.infrastructure.gov.au/maritime/shipping_reform/files/RIS_post_OBPR_20110816_formatted.pdf

 



 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Coastal Trading (Revitalising Australian Shipping)

(Consequential Amendments and Transitional Provisions) Bill 2012

 

Overview of the Bill

The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Bill 2012 (the Bill) amends certain Commonwealth laws and provides for transitional arrangements consequential to the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

The key contents of the Bill are as follows:

(a)     The Occupational Health and Safety (Maritime Industry) Act 1993 would be amended to clearly provide that these laws apply to a vessel used to engage in coastal trading under:

·          a general licence;

·           a temporary licence if the vessel is registered under the Australian International Shipping Register; and

·          an emergency licence if the vessel is registered either under the Australian International Shipping Register or the Australian General Shipping Register.

While the Occupational Health and Safety (Maritime Industry) Act 1993 applies to vessels registered in the Australian General Shipping Register and the Australian International Shipping Register wherever they are located, the Seafarers Rehabilitation and Compensation Act 1992 does not apply to vessels registered in the Australian International Shipping Register at any time wherever such vessel is located.

(b)    A foreign vessel operating under a temporary licence or an emergency licence will not be subject to the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 This effectively maintains the current arrangements under the Navigation Act 1912 .

(c)     A transitional general licence is established which authorises a foreign vessel operating under a licence (issued under Part VI of the Navigation Act 1912 ) to engage in coastal trading under the new regulatory framework established by the Coastal Trading (Revitalising Australian Shipping) Bill 2012.  A foreign vessel operating under a transitional general licence would also be subject to the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 .

(d)    A Licence issued under the Navigation Act 1912 which was in force immediately before commencement of the Bill will continue to be in force for four months after the new law commences or on the date of cancellation whichever occurs first.

(e)     A Permit, whether it is a Continuing Voyage Permit or a Single Voyage Permit, which was in force immediately before commencement of the Bill will continue to be in force until the day it would have expired (after commencement of this Bill) or for four months after the new law commences or on the date of cancellation whichever occurs first.

(f)     Any Declaration made under subsection 8AA(2) of the Navigation Act 1912 which was in force immediately before commencement of the Bill will continue to be in force for four months after the new law commences, to the extent that the Declaration relates to a ship engaging in the coasting trade.

(g)    An application for a Licence or a Permit (under Part VI of the Navigation Act 1912 ) which was not decided immediately before commencement of the new law (that is, the Coastal Trading (Revitalising Australian Shipping) Act) will continue to be assessed under the Navigation Act 1912 .  Such Licence or Permit may be granted for a period of three months or less.

(h)    All orders (issued under section 7 of the Navigation Act 1912 ), permissions (issued under subsection 286(6) of the Navigation Act 1912 ) and exemptions (issued under section 421 of the Navigation Act 1912 ) will continue to be in force until their respective expiry dates.

Human rights implications

The Bill will provide a smooth transition from the existing regulatory arrangements for engaging in coastal trading into the new regulatory regime.  The right of industry stakeholders to be able to continue their business while transitioning into the new regulatory regime has been a primary consideration in formulating these arrangements. 

The amendments to other Commonwealth laws are consequential to the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .  These amendments broadly maintain the existing regulatory framework.

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Bill does not raise any human rights issues.

Minister for Infrastructure and Transport, the Hon Anthony Albanese MP

 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

Clause 1 is a formal provision specifying the short title of the Act.

 

Clause 2 - Commencement

 

Clause 2 specifies the commencement of the Act.  Sections 1 to 3 of this Act commence on the day this Act receives Royal Assent.  Schedules 1 and 2 which contain the consequential amendments and the transitional provisions will commence immediately after the commencement of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

 

Clause 3 - Schedule(s)

This clause provides that an Act specified in Schedule 1 is amended or repealed while provisions in Schedule 2 provide for transitional arrangements as so specified in that Schedule.

 

Schedule 1 - Consequential amendments

 

Schedule 1 amends certain Commonwealth laws as a consequence of the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

 

Item 1 - Australian Maritime Safety Authority Act 1990

 

The Australian Maritime Safety Authority Act 1990 would be amended to enable the Australian Maritime Safety Authority to disclose information to a person for the purpose of the administration or enforcement of a Commonwealth law relating to coastal trading. This ties-in with section 110 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 which allows the Secretary of the Department to disclose information to the Minister or the head of a Commonwealth agency or authority in relation to the administration or enforcement of that Act.  The amendment to section 11 of the Australian Maritime Safety Authority Act 1990 would facilitate the information-sharing between the Department and the Australian Maritime Safety Authority.

 

Items 2 to 6 - Navigation Act 1912

 

Items 2 to 6 amend the Navigation Act 1912 as follows:

 

·          Section 7 which deals with the meaning of ‘coasting trade’ will be repealed.  The term coasting trade’ is replaced with ‘coastal trading’ in the new law, Coastal Trading (Revitalising Australian Shipping) Act 2012 .

 

 

·          Section 10 will be amended to delete existing paragraph 10(b) and substitute it with the provision which effectively states that Part II applies to a ship used to engage in coastal trading under a general licence issued under the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

 

·          Part VI which deals with the regulatory arrangements for coasting trade is repealed.  Part VI will be replaced by the Coastal Trading (Revitalising Australian Shipping) Act 2012 which provides for the regulatory framework for coastal trading.

 

·          Section 377JA which deals with review by the Administrative Appeals Tribunal for a decision to cancel a Continuing Voyage Permit is deleted.  The removal of this section is consequential to the repeal of Part VI. 

 

Items 7 to 14 - Occupational Health and Safety (Maritime Industry) Act 1993

 

These items deal with consequential amendments to the Occupational Health and Safety (Maritime Industry) Act 1993 [OHS(MI) Act].

 

·          Subsection 6(3A) is inserted to provide that the OHS(MI) Act also applies to:

§   a vessel used to engage in coastal trading under a general licence (this is a vessel registered in the Australian General Shipping Register);

§   a vessel used to engage in coastal trading under a temporary or emergency licence if the vessel is registered in Australian International Shipping Register;

§   a vessel used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register.

 

·          A foreign-registered vessel used to engage in coastal trading under a temporary or emergency licence will not be subject to the OHS(MI) Act. 

 

·          Furthermore, a foreign-registered vessel used to engage in coastal trading under a transitional general licence will be covered by the OHS(MI) Act—refer to item 16 of Schedule 2 of this Bill.

 

·          The OHS(MI) Act applies to an Australian-registered vessel (whether registered in the Australian General Shipping Register or in the Australian International Shipping Register) wherever the vessel is located.

 

·          Certain definitions are also included.

 

Items 15 to 21 - Seafarers Rehabilitation and Compensation Act 1992

 

These items deal with consequential amendments to the Seafarers Rehabilitation and Compensation Act 1992 (SRC Act).

 

The Seafarers Rehabilitation and Compensation Act 1992 does not apply in relation to a vessel registered in the Australian International Shipping Register wherever the vessel is located.  This is made clear in paragraph 61AA (b) of the Shipping Registration Act 1981 , as amended.

 

·          A note is inserted after subsection 19(1) of the Seafarers Rehabilitation and Compensation Act 1992 to alert readers that the Act does not apply if a prescribed ship is a ship registered in the Australian International Shipping Register as per paragraph 61AA (b) of the Shipping Registration Act 1981 , as amended.

 

·          This is a technical amendment.

 

·          Subsection 19(1AA) is inserted to provide that the SRC Act also applies to the employment of employees on:

§   a vessel used to engage in coastal trading under a general licence (this is a vessel registered in the Australian General Shipping Register); or

§   a vessel used to engage in coastal trading under an emergency licence if the vessel is registered in Australian General Shipping Register.

 

·          A vessel registered in the Australian International Shipping Register and used to engage in coastal trading is not covered by the SRC Act.  The legislative intent is to put such vessel on a competitive position as a foreign-registered vessel which is not subject to the SRC Act when used to engage in coastal trading.

 

·          Furthermore, a foreign-registered vessel used to engage in coastal trading under a transitional general licence will be covered by the SRC Act—refer to item 16 of Schedule 2 of this Bill.

 

·          Certain definitions are also included.

 

Schedule 2 - Transitional provisions

 

Part 1 - Preliminary

 

Item 1 - Interpretation

 

This item defines certain terms which are used in relation to transitional arrangements. ‘New law’ is defined as the Coastal Trading (Revitalising Australian Shipping) Act 2012 , and ‘old law’ is defined as Part VI of the Navigation Act 1912 as in force immediately before the commencement of this item. The term ‘coasting trade regulations’ refers to the Navigation (Coasting Trade) Regulations 2007 , as in force immediately before the commencement of this item.

 

 

Part 2 - Continuation of existing permits, licences and declarations etc.

Division 1 - Continuation of existing permits, licences and declarations

Item 2 - Permits to continue in force

A Permit issued under the old law, whether it is a Continuing Voyage Permit or a Single Voyage Permit, which was in force immediately before commencement of the Bill will continue to be in force until the day it would have expired (after commencement of this Bill) or for four months after the new law commences or on the date of cancellation whichever occurs first.

Sections 7 and 10 and Part VI of the Navigation Act 1912 continue to apply in respect of a Permit continued in force by this Bill.

Item 3 - Licences to continue in force

A Licence issued under the Navigation Act 1912 which was in force immediately before commencement of the Bill will continue to be in force for four months after the new law commences or on the date of cancellation whichever occurs first.

Sections 7 and 10 and Part VI of the Navigation Act 1912 continue to apply in respect of a Licence continued in force by this Bill.

A holder of a licence (which is continued in force by this item) may give a notice in response in relation to an application for a temporary licence under section 31 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .  The rights of a holder of a licence (continued in force by this item) will be the same as those of a holder of a general licence in relation to the ability to nominate for a trade contained in an application for a temporary licence under the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

A technical correction is made to replace ‘permit’ with ‘licence’ so that the relevant paragraph reads as “If immediately before commencement, a licence granted under the coasting trade regulations was in force, the licence remains in force for the period: xxx (ii) if the Minister decides to cancel the licence—the day the licence is cancelled under the old law despite its repeal by Schedule 1 to this Act;”.

 

Item 4 - Declarations to continue in force

A Declaration made under subsection 8AA(2) of the Navigation Act 1912 which was in force immediately before commencement of the Bill will, to the extent that the Declaration relates to the ship engaging in coasting trade, continue to be in force for four months after the new law commences.

Sections 7, 8AA and 10 of the Navigation Act 1912 continue to apply in respect of a Declaration continued in force by this Bill.

Division 2 - Applications for permits, licences and declarations

Item 5 - Pending applications - permits

If a person has made an application for a permit under section 286 of the Navigation Act 1912 which was not decided before the commencement of this Bill, the Minister (or delegate) must decide the application (in accordance with the requirements of the Navigation Act 1912 and its implementing regulations) within 10 business days after commencement of this Bill.  An application to amend an application for a permit or an application to amend an existing permit, which was not decided before commencement of this Bill, will also be decided within 10 business days after commencement of this Bill

If the Minister decides to grant the permit, the validity of such permit may only be given for a period of 3 months or less.

If the Minister decides to reject the application, the Minister must notify the person in writing and provide reasons for the rejection.

Item 6 - Pending applications - licences

If a person has made an application for a licence (under the Navigation Act 1912 and its implementing regulations) which was not decided before the commencement of this Bill, the Minister must decide the application (in accordance with the requirements of the Navigation Act 1912 and its implementing regulations) within 10 business days after commencement of this Bill.

If the Minister decides to grant the licence, the validity of the licence may only be given for a period of 3 months or less.

If the Minister decides to reject the application, the Minister must notify the person in writing and provide reasons for the rejection.

Item 7 - Pending applications for declarations

If a person has made an application for a declaration (under subsection 8AA(2) of the Navigation Act 1912 ) which was not decided before commencement of this Bill, the Minister must decide the application, to the extent the application relates to coasting trade, in accordance with the requirements of section 12 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 , within 10 business days after commencement of this Bill.

 

If the Minister decides to grant the application for a declaration, to the extent the application relates to coasting trade, the declaration will be made under section 12 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 .

If the Minister decides to reject the application, the Minister must notify the person in writing and provide reasons for the rejection.

Division 3 - Cancellation of permits and licences

Item 8 - Pending cancellation of permit - show cause notice given

If a ‘show cause notice’ has been given to a permit holder before commencement of this Bill, that person may continue to respond within the 7-day period provided under section 286 of the Navigation Act 1912

 

At the end of the 7-day period, the Minister must decide whether or not to cancel the permit in accordance with section 286 of the Navigation Act 1912 .

 

Item 9 - Pending cancellation of licence - show cause notice given

If a ‘show cause notice’ has been given to a licence holder before commencement of this Bill, that person may continue to respond within the period stated in the notice.  At the end of the period stated in the notice, the Minister must decide whether or not to cancel the licence in accordance with section 288 of the Navigation Act 1912 .

 

Part 3 - Transitional general licences

 

Item 10 - Applications for transitional general licences

 

This item provides for who may apply for a transitional general licence and the requirements to be able to make such application.

 

A holder of a licence (issued under Part VI of the Navigation Act 1912 and continued to have force and effect by clause 3 of this Bill), in respect of a foreign-registered vessel, may apply to the Minister for a ‘transitional general licence’.

 

A transitional general licence may be applied for only in respect of a foreign-registered vessel that was operating under a licence issued under Part VI of the Navigation Act 1912 and continued to have force and effect by clause 3 of this Bill.

 

The application must be in writing and accompanied by:

·          evidence that vessel is registered in a foreign country (such as the International Maritime Organisation Number  of the vessel);

·          statement that the seafarers working on a vessel operating under a transitional general licence are either:

§   Australian citizens; or

§   persons with permanent visas or temporary visas with the appropriate work rights.

·          such other information required by the regulations; and

·          the application fee (which will be prescribed by the regulations).



 

Item 11 - Process for deciding applications

 

The process for deciding an application for a transitional general licence would be the same as the process set out in Division 1, Part 4 (except section 13) of the Coastal Trading (Revitalising Australian Shipping) Act 2012 in relation to a general licence, with some modifications set out in item 12 of this Bill. 

 

Consistent with section 16 of the Coastal Trading (Revitalising Australian Shipping) Act 2012, if the Minister grants an application for a transitional general licence, the Minister must also determine the period for which the transitional general licence is granted.  This period must not be more than five years.

 

Item 12 - Criteria for deciding applications

 

In deciding an application for a transitional general licence, section 15, except subsection 15(2), of the Coastal Trading (Revitalising Australian Shipping) Act 2012 applies.

 

In deciding such an application, the Minister may have regard to the following:

·          whether the owner of the vessel intends to register it under the Shipping Registration Act 1981 but is unable to do so immediately because of commercial obligations or requirements under a foreign law;

·          whether the applicant held a licence or permit under the old law that was cancelled;

·          any other matters the Minister thinks relevant.

 

Under this provision, it is open for the Minister to consider the objects of the Coastal Trading (Revitalising Australian Shipping) Act 2012 in making such decision.

 

Item 13 - Conditions imposed on all transitional general licences

 

Item 13 of this Bill provides that the conditions set out in section 21 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 apply to all transitional general licences (in the same way that these conditions apply to general licences).  However, the condition which requires that the vessel must be registered in the Australian General Register does not apply for a vessel operating under a transitional general licence.  A vessel operating under a transitional general licence is required to be registered in a foreign country.

 

Item 14 - Renewal of transitional general licences

 

A holder of a transitional general licence may apply to the Minister for a renewal of the licence before the expiry of the licence.  Once a transitional general licence expires, no application for renewal may be entertained by the Minister or delegate. 

 

The foreign registered vessel which operated under a transitional general licence (which subsequently expires) may engage in coastal trading only if a temporary or an emergency licence is issued which would authorise that foreign vessel to operate in Australian coastal waters.

If an application for renewal of a transitional general licence is made, the transitional general licence will continue to have force and effect (even beyond its expiry date) until a decision is made on the application.

 

Consistent with section 16 of the Coastal Trading (Revitalising Australian Shipping) Act 2012, if the Minister grants an application for renewal of a transitional general licence, the Minister must also determine the period for which the transitional general licence is renewed.  This period should not be more than five years.

 

The Minister may renew a transitional general licence only once.

 

Item 15 - Applications for renewal of transitional general licences

 

An application for renewal of a transitional general licence will not be automatically accepted.  The intention of the Bill is to strengthen and revitalise the Australian shipping industry, including by encouraging ship owners to register their vessels under the Australian shipping registers. In view of this, a person’s ability to continue engaging in coastal trading using a foreign-registered vessel under a transitional general licence will be by way of exception rather than the rule.

 

An application for a renewal of transitional general licence must comply with the following requirements:

·          The vessel to which the transitional general licence would apply is registered in a foreign country (evidence of the foreign registration, such as the International Maritime Organisation identification number, must be submitted);

·          The application must be accompanied by a statement that each seafarer working on the foreign-registered vessel is an Australian citizen, or is a permanent resident of Australia, or holds a temporary visa with appropriate work rights;

·          The application must be accompanied by an explanation on what is preventing the vessel from being registered in the Australian Shipping Registration Act 1981

·          The application must also provide information required under the regulations, if any, and the prescribed fee must be paid.

 

Foreign-registered vessels that are licensed under the current regime (that is, Part VI of the Navigation Act 1912 ) would be given a five-year transition period to move to Australian registration of their vessels.  A further five years may be given (under a renewal of the transitional general licence) to acknowledge that these foreign vessels are currently locked into foreign financing regimes and may not readily move to Australian registration.  In such circumstances, the Minister will be able to grant a renewal of the transitional general licence, subject to provision of appropriate evidence of the financial, business or legal arrangements overseas.

 

 

 

 

Item 16 - Application of the new law and other laws of the Commonwealth

 

All provisions of the Coastal Trading (Revitalising Australian Shipping) Act 2012 apply to a transitional general licence as if it were a general licence, except the following:

·          Division 3 of Part 4 which deals with emergency licences;

·          Section 13 which deals with the application requirements for a general licence (the requirements for application for a transitional general licence are set out in item 10, Part 3, Schedule 2 of this Bill);

·          Subsection 15 (2) concerning matters the Minister may have regard to in deciding an application for a general licence (subitem 12(2), Part 3, Schedule 2 of this Bill provides for the matters the Minister may have regard to in relation to an application for a transitional general licence).

 

Other laws of the Commonwealth which apply to a general licence also apply to a transitional general licence—for example:

·          Part II of the Navigation Act 1912;

·          Occupational Health and Safety (Maritime Industry) Act 1993 ; and

·          Seafarers Rehabilitation and Compensation Act 1992 .

 

Part 4 - Review of decisions

 

Item 17 - Rights of review

 

This item preserves the right of a person to seek a review (by the Administrative Appeals Tribunal) of a Ministerial decision to cancel a Continuing Voyage Permit despite the repeal of section 377JA of the Navigation Act 1912

 

If the Minister made a decision to cancel a Continuing Voyage Permit before the commencement of this Bill, an application for merits review by the Administrative Appeals Tribunal may be made so long as the period for making such application has not ended.  Section 29 of the Administrative Appeals Tribunal Act 1975 provides for the period for applying to the Administrative Appeals Tribunal for review of a decision.

 

Part 5 - Miscellaneous

 

Item 18 - Saving of orders

 

Despite the repeal of section 7 of the Navigation Act 1912 , an order made under that section and in force immediately before commencement continues in force on and after commencement as if it were an exemption under subsection 11(1) of the new law.

 

Under section 7, the Governor-General has made Orders that the following trades are not deemed engaging in the coasting trade:

·          carriage of passengers and cargo to and from Norfolk island; and

·          carriage of passengers and cargo to and from Cocos (Keeling) Islands.

Item 19 - Saving of permissions

 

Despite the repeal of the old law by Schedule 1 to this Act, a permission granted under subsection 286(6) of the old law and in force immediately before commencement, continues in force on and after commencement for the remainder of the period set out in the notice mentioned in subsection 286(6) of the old law as if:

                     (a)  the permission were a direction made under subsection 11(1) of the new law; and

                     (b)  any conditions to which the permission was subject were conditions specified in the direction.

 

A Ministerial Notice is currently in place which gives permission, under Part VI of the Navigation Act 1912 , to unlicensed ships to engage in the carriage of passengers between ports in the Commonwealth or in the Territories (other than Victoria and Tasmania) subject to the following conditions:

·          that the vessels to which the Notice applies are in excess of 5,000 gross tonnes;

·          such vessels are capable of a speed of at least 15 knots;

·          such vessels are capable of carrying at least 100 passengers; and

·          such vessels are utilised wholly or primarily for the carriage of passengers.

 

This Ministerial Notice will continue to be in force as if it were an exemption under section 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 until its expiry date of 31 December 2012.

 

Item 20 - Saving of exemption

 

An exemption made under subsection 421(1) of the Navigation Act 1912 relating to the coasting trade and in force immediately before commencement continues in force on and after commencement as if it were an exemption in force under subsection 11(1) of the new law.

 

A Ministerial Direction issued under subsection 421(1), currently exists, which directs that Part VI of the Navigation Act 1912 does not apply to voyages to and from Christmas Island.  This Direction will continue to be in force as if it were an exemption under section 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 until its expiry date of 7 April 2013.

 

Item 21 - Transitional regulations

 

This item provides for a general regulation-making power including the making of regulations of a transitional nature.