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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

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

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

 

 

CORRECTION TO THE

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

Page 2, paragraph (h), after “commences”, insert “to the extent that the Declaration relates to a ship engaging in the coasting trade”.

Page 4, paragraph (a), after “ Occupational Health and Safety (Maritime Industry) Act 1993 ”, delete “and the Seafarers Rehabilitation and Compensation Act 1992 ”. 

Page 4, paragraph (a), add the following sentence: “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 when such vessels are engaging in coastal trading or international trade.”

Page 4, paragraph (b), replace the sentence “A foreign vessel operating under a Temporary Licence or an Emergency Licence will not be subject to these laws.” with “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 .”

Page 5, paragraph (f), delete the sentence and replace it with the following: “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.”

Clause 3

Page 6, delete the sentence “This clause provides that an Act specified in Schedule 1 is amended or repealed while provisions in Schedule provide for transitional arrangements as so specified in that Schedule” and replace it with “This clause provides that an Act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

 

Item 1 - Australian Maritime Safety Authority Act 1990

Page 6, delete ‘section 124” and replace it with “section 110”.

 

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

Page 7, insert the following dot point after the third dot point:

ยท          “The OHS(MI) Act applies to a vessel registered in the Australian International Shipping Register wherever it is located.”

 



 

Items 15 to 21 - Seafarers Rehabilitation and Compensation Act 1992

Page 7, delete “Subsection 19(1A)” and replace it with “Subsection 19(1AB)”.

 

Schedule 2 - Transitional provisions

 

Item 7 - Pending applications for declarations

Page 10, delete the first two sentences under item 7 and replace them with the following:

 

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, 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 .