2010-2011-2012

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

SHIPPING REGISTRATION AMENDMENT (AUSTRALIAN

INTERNATIONAL SHIPPING REGISTER) BILL 2012

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments Moved on Behalf of the Government

 

 

 

 

 

 

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

the Honourable Anthony Albanese, MP)

 

 

SHIPPING REGISTRATION AMENDMENT (AUSTRALIAN INTERNATIONAL SHIPPING REGISTER) BILL 2012

 

OUTLINE

 

The Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 (the Bill) provides for the establishment of a new Australian International Shipping Register (the International Register), its operation, administration and seafarer employment conditions.

 

The Bill was referred to two Parliamentary Committee inquiries - one by the House of Representatives Standing Committee on Infrastructure and Communications and one by the Senate Standing Economics Legislation Committee.  The House of Representatives Committee delivered its report on 24 May 2012.

 

The amendments to the Bill are in response to issues raised by stakeholders through the Parliamentary inquiries, as well as addressing other minor and technical matters to correct inadvertent mistakes, provide consistency between related legislation and rectify unintended consequences.

 

 

Financial Impact Statement

There will be no impact on Commonwealth expenditure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTES ON CLAUSES

 

Schedule 1—The Australian International Shipping Register

 

Item 25 - Subsection 15F(2)

 

This is a technical amendment to clarify that a ship’s port state control record is ongoing and recognition that a ship may belong to more than one classification society.  It also clarifies that the Australian Maritime Safety Authority will be able to access both these types of records over a defined period of time, as prescribed by the regulations.

 

Schedule 2—Seafarers

 

Division 1—Application of other laws to International Register ships

 

Section 61AA - Application of other laws to International Register ships

 

This amendment clarifies that this Division and section is about the application of other laws to ships registered in the Australian International Shipping Register.

 

It explains that the Fair Work Act 2009 does not apply to International Register ships when they are used to engage in international trading, and that the Seafarers Rehabilitation and Compensation Act 1992 does not apply to International Register ships at any time.  It also clarifies that State and Territory workers’ compensation legislation, and any other State or Territory legislation prescribed by the regulations, does not apply to International Register ships at any time.

 

Section 61AD - Work agreement must comply with this Division\

 

This is a technical amendment to clarify that the owner of an International Register ship must ensure that, in addition to the requirements outlined in section 45A of the Navigation Act 1912 , work agreements must comply with the additional requirements outlined in Subdivision B of this Act when the ship is being used in international trading.

 

Section 61AM - Compulsory insurance for death or long-term disability

 

This amendment clarifies that owners of ships registered in the International Register must have insurance or indemnity policies that comply with this section at all times, wherever the ship is located.

 

Schedule 4—Other amendments

 

Navigation Amendment Act 2011

 

Item 7 - Subsection 6(1)

 

This is a technical amendment to align the definition of owner with the definitions in other relevant and related legislation.