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Navigation (Consequential Amendments) Bill 2012

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2010-2011-2012

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012

 

 

 

 

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Infrastructure and Transport

the Honourable Anthony Albanese, MP)



NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012

 

OUTLINE

 

The Navigation Bill 2012 will provide the primary legislative means for the Australian Government to regulate ship and seafarer safety, shipping aspects of protecting the marine environment, as well as giving effect to the international conventions to which Australia is a signatory and the actions of seafarers in Australian waters. 

 

In summary the new legislation will;

 

  • recast the Navigation Act 1912 in modern plain language;
  • reflect contemporary conditions and practices in the shipping industry;
  • remove unnecessary and out-dated provisions;
  • enhance ship safety and protection of the marine environment;
  • introduce greater flexibility to allow regulation to remain contemporary with national and international standards; and
  • provide confidence and certainty for the shipping industry.

 

The Navigation Bill 2012 includes the repeal of the Navigation Act 1912 . Upon repeal, some minor consequential amendments will need to be made to a range of Acts where the application of those Acts is defined by reference to the Navigation Act 1912 .

 

This Bill makes those consequential changes to other legislation that relates to or references the Navigation Act 1912 for definitions, application or exemption.

 

 

FINANCIAL IMPACT STATEMENT

 

This Bill is not expected to have any significant financial impact.

 

 

 

 

 

 

 

 

 

 

 



Statement of Compatibility with Human Rights

 

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 .

 

Human rights implications

 

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

Minister for Infrastructure and Transport, the Hon Anthony Albanese MP



 

NOTES ON CLAUSES

 

Chapter 1—Preliminary

 

Part 1—Short title and commencement

 

Clause 1          Short title

This clause provides for the Bill, when enacted, to be cited as the Navigation (Consequential Amendments) Act 2012 .

 

Clause 2          Commencement

This clause deals with commencement of the Bill.  The table in this clause sets out the commencement dates for the provisions contained in the Bill. Clauses 1-3 will commence on Royal Assent.  Schedules 1 and 2 will commence at the same time as the Navigation Bill 2012.  Schedule 3 will commence on a day to be fixed by proclamation which cannot be before the day the Maritime Labour Convention comes into force for Australia.

 

Clause 3          Schedules 

This clause provides that each Act that is specified in a Schedule to this Bill is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1—Repeal

 

Item 1

This item repeals the Lighthouses Act 1911 .

 

Item 2

This item repeals the Navigation Act 1912 .

 

Schedule 2— Consequential amendments

 

Admiralty Act 1988

 

Item 1             Subsection 3(1)

This item inserts a definition of ‘coastal sea of Australia’ into the Admiralty Act 1988 because the term is currently defined to have the same meaning as in the Navigation Act 1912

 

Item 2 Subsection 3(1)

This item inserts a definition of ‘off-shore industry fixed structure’ into the Admiralty Act 1988 because the definition is currently defined to have the same meaning as the Navigation Act 1912 .



 

Item 3            Subsection 3(1)

This item inserts a definition of ‘off-shore industry mobile unit’ into the Admiralty Act 1988 because the definition is currently defined to have the same meaning as the Navigation Act 1912 .

 

Item 4             Subsection 3(1) (paragraph (c) of the definition of ship )

The definition of 'ship' in the Admiralty Act 1988 includes reference to an 'offshore industry mobile unit' within the meaning of the Navigation Act 1912 .  With the repeal of that Act, the reference is no longer necessary.

 

Item 5             Parts VII, VIII and IX

Section 48 in Part VII of the Admiralty Act 1988 validates certain provisions of the Navigation Act 1912 .  That provision was included to deal with possible inconsistencies between the Navigation Act 1912 and certain pre-1939 Imperial Acts and non-compliance with the Colonial Courts of Admiralty Act 1890.    The issue is not relevant in respect of the proposed Navigation Act 2012 and section 48 will become redundant on the repeal of the Navigation Act 1912 .  Section 7 of the Acts Interpretation Act 1901 will preserve the operation of the validation provision to the extent necessary.

 

Part VIII of the Admiralty Act 1988 amends provisions of the Navigation Act 1912. The Part can be repealed as these provisions are spent. 

 

Part IX of the Admiralty Act 1988 repeals a provision of the Shipping Registration Act 1981 .  The Part can be repealed as these provisions are also spent. 

 

Age Discrimination Act 2004

 

Item 6             Schedule 2 (table item 8)

This item replaces the table item with a reference to regulations made for the purposes of paragraph 29(2)(d) of the proposed Navigation Act 2012 .

 

Australian Maritime Safety Authority Act 1990

 

Item 7             Subsection 3(1) (definition of the Safety Convention)

This item replaces the reference to the Navigation Act 1912 with the proposed Navigation Act 2012.

 

Item 8             Section 46 (subparagraph (c)(i) of the definition of charge )

This item replaces the reference to the Navigation Act 1912 with the proposed Navigation Act 2012.

 

Item 9             Section 46 (subparagraph (c)(v) of the definition of charge )

This item removes the reference to the Lighthouses Act 1911 as that Act is repealed.

 

Item 10           Paragraph 63(3)(a)

This item removes the reference to the Navigation Act 1912 .

 

 

 

Australian Meat and Live-Stock Industry Act 1997

 

Item 11           Subsection 57AA(5) (definition of Marine Orders )

This item replaces the reference to 425(1AA) of the Navigation Act 1912 with the equivalent reference in the proposed Navigation Act 2012.

 

Carriage of Goods by Sea Act 1991

 

Item 12           Paragraph 19(a)

This item replaces the reference to the Navigation Act 1912 with the equivalent reference in the proposed Navigation Act 2012.

 

Fair Work Act 2009

 

Item 13           Section 12 (definition of maritime employee )

This item amends the definition of 'maritime employee' consistently with the terms used in the proposed Navigation Act 2012 .  

 

Section 12 of the Fair Work Act 2009 currently defines the term ‘maritime employee’ by reference to the Navigation Act 1912.   This item amends the definition in section 12 of the Fair Work Act 2009 to refer to the corresponding terms in the proposed Navigation Act 2012 .  This new definition replaces the term ‘seaman’ with the term ‘seafarer’ for consistency with the proposed Navigation Act 2012

 

In accordance with the requirements of the Multilateral Inter-Governmental Agreement for a National Workplace Relations System for the Private Sector, relevant States and Territories have been consulted on this amendment.

 

Federal Court of Australia Act 1976

 

Item 14           Paragraph 23DJ(2)(a)

This item replaces the reference to the Navigation Act 1912 with the equivalent provision number in the proposed Navigation Act 2012.

 

Great Barrier Reef Marine Park Act 1975

 

Item 15           Subsection 3(1) (definition of port )

This item replaces the reference to the Navigation Act 1912 with the Navigation Act 2012.

 

Legislative Instruments Act 2003

 

Item 16           Subsection 54(2) (table items 27 and 28)

This item removes exemptions from the sunsetting requirements in the Legislative Instruments Act 2003 for instruments made under identified provisions of the Navigation Act 1912.  Instruments made under the equivalent provisions of the proposed Navigation Act 2012 will not be subject to sunsetting.

 

 

 

Marine Navigation Levy Act 1989

 

Item 17           Section 3 (paragraph (a) of the definition of tonnage )

This item omits the reference to the text of the Convention in Schedule 8 to the Navigation Act 1912

 

Item 18           Section 3 (at the end of the definition of tonnage )

This item adds a note at the foot of the definition to assist readers in finding the text of the Convention.

 

Marine Navigation Levy Collection Act 1989

 

Item 19             Section 3 (definition of marine navigational aid )

This item removes the definition.

 

Item 20           Section 3 (definition of sea-going ship)

This item replaces the term 'marine navigational aid' with the term 'an AMSA aid to navigation' which is defined in the proposed Navigation Act 2012.

 

Item 21           Section 3 (definition of ship )

This item replaces the definition of ship which references the Lighthouses Act 1911 with a new definition in the same terms.

 

Marine Navigation (Regulatory Functions) Levy Act 1991

 

Item 22           Section 3 (paragraph (a) of the definition of tonnage )

This item omits the reference to the text of the Convention in Schedule 8 to the Navigation Act 1912

 

Item 23           Section 3 (at the end of the definition of tonnage )

This item adds a note at the foot of the definition to assist readers in finding the text of the Convention.

 

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

 

Item 24             Section 3 (definition of marine navigational aid )

This item removes the definition.

 

Item 25           Section 3 (definition of sea-going ship)

This item replaces the term 'marine navigational aid' with the term 'an AMSA aid to navigation' which is defined in the proposed Navigation Act 2012 .

 

Item 26           Section 3 (definition of ship )

This item replaces the definition of ship which references the Lighthouses Act 1911 with a new definition in the same terms.

 

 

 

 

 

Maritime Legislation Amendment Act 2007

 

Item 27           Subitem 17(2) of Schedule 1 (subparagraph (b)(ii) of the cell at table item 1.1, column headed “Condition”)

This item replaces the reference to the Navigation Act 1912 with a reference to the proposed Navigation Act 2012. 

 

Maritime Transport and Offshore Facilities Security Act 2003

 

Item 28           Section 10

This item inserts a definition of AMSA inspector.

 

Item 29           Section 10 (definition of AMSA surveyor )

This item removes the definition of AMSA surveyor as this term is no longer used in the proposed Navigation Act 2012.

 

Item 30           Section 10 (definition of inter-State voyage )

This item replaces the definition of ‘inter-state voyage’ which is currently defined to have the same meaning as in the Navigation Act 1912 with a new definition in the same terms.

 

Item 31           Section 10 (definition of overseas voyage )

This item replaces the definition of 'overseas voyage' which is currently defined to have the same meaning as in the Navigation Act 1912 with a new definition in the same terms.

 

Item 32           Section 146

This item replaces the reference to AMSA surveyors with AMSA inspectors.

 

Item 33           Section 147(1)(d)

This item replaces the reference to an AMSA surveyor with AMSA inspector.

 

Occupational Health and Safety (Maritime Industry) Act 1993

 

The coverage of the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act) is established by section 6 of the OHS(MI) Act and is dependent on the Navigation Act1912 . Section 6 provides that the OHS(MI) Act applies to ‘prescribed ships’ and ‘prescribed units’, which are in turn defined as a ship or offshore mobile unit to which Part II of the Navigation Act1912 applies.

 

The purpose of these amendments is to preserve the current coverage of the OHS(MI) Act pending a more comprehensive review of the jurisdiction of the OHS(MI) Act and the Seafarers Rehabilitation and Compensation Act 1992 (the Seafarers Act) in consultation with stakeholders.

 

Both the OHS(MI) Act and the Seafarers Act will continue to apply to those ships (and units) to which the Act applied immediately before the repeal of the Navigation Act 1912 Act .

 

 

Item 34           Section 4 (definition of articles of agreement)

This item repeals the definition of articles of agreement from Section 4 of the OHS(MI Act).  This term is no longer relevant following amendments made to the definition of ‘employee’ in the OHS(MI Act).

 

Item 35           Section 4 (paragraph (b) of the definition of employee )

This item amends paragraph (b) of the definition of ‘employee’ to provide that an employee is a person who is on board a prescribed ship or prescribed unit and is subject to a work agreement for the purposes of the proposed Navigation Act 2012 .  This definition is consistent with the proposed Navigation Act 2012 , which replaces the concept of ‘articles of agreement’ in the Navigation Act 1912 with the term ‘work agreement’.  The intention is to continue to align these two terms so that they continue to take the same meaning across the both the Navigation Act 2012 and the OHS(MI) Act.

 

Item 36           Section 4 (definition of off-shore industry mobile unit )

This item provides that an off-shore industry mobile unit has the same meaning as it had in the Navigation Act 1912 ,  immediately before the repeal of that Act. 

 

Item 37            Section 4 (definition of prescribed ship)

This item provides that a prescribed ship is either a ship to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed; or a ship that is declared under subsection 4A(1) to be a prescribed ship.

 

This clause also provides that a prescribed ship does not include any of the following:

•           a Government ship,

•           a ship or off shore industry mobile unit to which the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies, or

•           a ship that is declared under subsection 4A(2) not to be a prescribed ship.

 

Item 38           Section 4 (definition of prescribed unit)

This clause provides that a prescribed unit is either:

•           an off shore industry mobile unit that is not self propelled and is under tow; or

•           a vessel or structure declared under subsection 4B(1) to be a prescribed unit.

 

This clause also provides that a prescribed unit does not include a vessel or structure which is declared under subsection 4B(2) not to be a prescribed unit.

 

Item 39            At the end of Division 2 of Part 1

This item inserts section 4A into the OHS(MI) Act and enables the Minister to include a ship in the coverage of the Act, or exclude the ship, by declaring it ‘in’ or ‘out’ of the definition of ‘prescribed ship’.  New section 4B would also enable the Minister to declare a vessel or structure ‘in’ or ‘out’ of the definition of ‘prescribed unit’ This provision builds in flexibility and would enable the Minister to clarify the coverage of the OHS(MI) Act as he or she considered necessary and appropriate.

 

 

 

 

 

Item 40           Subsection 6(3)

This item inserts subsection 6(3) into the OHS(MI) Act, and preserves the application of the Act to:

•           vessels covered by a declaration under subsection 8A(2) of the Navigation Act 1912 immediately before the repeal of that Act; and

•           ships covered by a declaration under subsection 8AA(2) of the Navigation Act 1912 immediately before the repeal of that Act.

New subsection 6(3) also provides for the application of the OHS(MI) Act to vessels and ships covered by a declaration made by the Seacare Authority under subsection 6(3AB).

 

Subsection 6(3AA) provides that the OHS(MI) Act does not apply to a vessel or ship that is covered by a declaration in force under subsection 6(3AC) of that Act.

 

Subsection 6(3AB) enables the Seacare Authority to declare that the OHS(MI) Act applies to a vessel or ship that would be an off shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 Act if that Act had not been repealed.

 

Subsection 6(3AC) enables the Seacare Authority to declare that the OHS(MI) Act does not apply to a vessel or ship that would be an off shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

 

Declarations under subsections 6(3AB) and 6(3AC) are required to be made in writing.

 

Subsection 6(3AD) provides that a declaration made under subsection 6(3AB) or 6(3AC) is not a legislative instrument.  Such declaration would not be a legislative instrument within the meaning of section 5 of the Legislative Instruments Act 2003 . Therefore, this provision has been included to assist readers.

 

Item 41                       Section 7 (heading)

This item substitutes a new heading for section 7.

 

Item 42                       Section 7

This item replaces a reference to the Navigation Act 1912 with a reference to the proposed Navigation Act 2012.

 

Offshore Petroleum and Greenhouse Gas Storage Act 2006

 

Item 43           Subsection 640(3) (paragraph (a) of the definition of Commonwealth maritime legislation )

This item replaces the reference to the Navigation Act 1912 with the Navigation Act 2012.

 

 

 

 

 

 

Protection of the Sea (Civil Liability) Act 1981

 

Item 44                       Subsection 3(1)

This item inserts a definition of ‘regulated Australian vessel’, consistently with the definition of that term in the proposed Navigation Act 2012 .

 

Item 45                       Section 7

Subsection 7(1) provides that Part II of the Protection of the Sea (Civil Liability) Act 1981 , together with the applied provisions of the Convention and regulations made for section 12 of that Act, do not apply to a vessel that is not a regulated Australian vessel under the proposed Navigation Act 2012 , when it is in an area where State and Territory law gives effect to the applied provisions in respect of the vessel.

 

Subsection 7(2) retains the limitation in the repealed subsection 7(2).

 

Item 46           At the end of paragraph 15(8)(a)

This item amends paragraph 15(8)(a) to make it clear that each of the paragraphs of the subsection are alternatives in line with modern drafting practice.

 

Item 47           Paragraph 15(8)(b)

This item replaces the reference to a surveyor under the Navigation Act 1912 with a reference to an inspector under the Navigation Act 2012.

 

Item 48           Section 19A (paragraph (b) of the definition of officer )

This item replaces the reference to a surveyor under the Navigation Act 1912 with a reference to an inspector under the proposed Navigation Act 2012.

 

Item 49           Subsection 20(6)

This item repeals the subsection as it refers to a provision of the Navigation Act 1912 which is not included in the proposed Navigation Act 2012 .

 

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

 

Item 50           Section 3 (paragraph (b) of the definition of enforcement officer )

This item replaces the reference to a surveyor under the Navigation Act 1912 with a reference to an inspector under the Navigation Act 2012.

 

Item 51                       Section 3

This item inserts a definition of ‘regulated Australian vessel’, consistently with the definition of that term in the proposed Navigation Act 2012 .

 

Item 52                       Section 10

Subsection 10(1) provides that Part II of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply to a vessel that is not a regulated Australian vessel under the proposed Navigation Act 2012 , when it is in an area where State and Territory law gives effect to the relevant provisions in respect of the vessel.

 

Subsection 10(2) retains the limitation in the repealed section 10(2).

 

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006

 

Item 53           Paragraph 16(1)(b)

This item amends the paragraph to replace the reference to a surveyor for the purposes of the Navigation Act 1912 with a reference to an inspector under the proposed Navigation Act 2012 .

 

Protection of the Sea (Powers of Intervention) Act 1981

 

Item 54           Subsection 3(1) (paragraph (b) of the definition of ship )

This item replaces the reference in the paragraph to the definition of 'ship' in the Navigation Act 1912 with a reference to the definition of 'vessel'  in the proposed Navigation Act 2012 .

 

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

 

Item 55           Subsection 3(1) (paragraph (a) of the definition of inspector )

This item replaces the reference to a surveyor for the purposes of the Navigation Act 1912 with a reference to an inspector under the proposed Navigation Act 2012.

 

Item 56                       Subsection 3(1)

This item inserts a definition of the proposed Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

 

Item 57                       Subsection 3(1) (definition of overseas voyage )

This item inserts a definition of overseas voyage which mirrors the definition in the proposed Navigation Act 2012 .

 

Item 58                       Section 3(1) (definition of Protected Zone )

This item inserts a definition of the Protected Zone consistently with the proposed Navigation Act 2012.

 

Item 59                       Section 3(1)

This item inserts a definition of the term 'regulated Australian vessel' consistently with the proposed Navigation Act 2012 .

 

Item 60           Section 3(1) (definition of Tonnage Measurement Convention)

This item replaces the definition of the 'Tonnage Measurement Convention' with a reference to the definition in the proposed Navigation Act 2012 .

 

Item 61           Subparagraphs 9(4)(a)(iii) and (b)(iii)

This item replaces the references in these provisions to the Navigation Act 1912 with the equivalent provision in the proposed Navigation Act 2012.  

 

Item 62           Subparagraph 9(4)c)(iii)

This item replaces references to regulations made under a particular provision of the Navigation Act 1912 with the equivalent provision in the proposed Navigation Act 2012 .

 

Item 63           Subparagraphs 9(4)(d)(vii) and (e)(vi)

This item replaces references to regulations made under a particular provision of the Navigation Act 1912 with the equivalent provision in the proposed Navigation Act 2012 .

 

Item 64           Paragraphs 21A(1)(a) and (2)(a)

This item replaces references to the Navigation Act 1912 with references to regulations made under the proposed Navigation Act 2012.

 

Item 65           Paragraph 22A(1)(b)

This item replaces a reference to the Navigation Act 1912 with the equivalent reference in the proposed Navigation Act 2012 .

 

Item 66                       Section 26EAA

This item removes the section which is no longer required.

 

Item 67                       Subsection 26FET(9)

This item removes the section which is no longer required.

 

Item 68                       Subsection 33 (2)

This item replaces the subsection in terms that allow for the regulations and orders made under the Act to not apply, or to be 'rolled back', for vessels that are not regulated Australian vessels in certain circumstances.  Those circumstances are where the vessel is in an area where a provision of the proposed Marine Safety (Domestic Commercial Vessel) National Law Act 2012 that gives effect to identified provisions of the Convention applies to it.  This means that, if a National Law provision implements a relevant provision of the Convention, the requirements in the National law will apply to a domestic commercial vessel, and the provision applicable under this Act is 'rolled back'. 

 

Where the National Law does not give effect to the identified provisions in respect of a domestic commercial vessel, and in respect of recreational vessels, this item also provides for the roll-back of the provision of the Bill when it is in an area where State and Territory law gives effect to the relevant provision of the Convention in respect of the vessel.

 

Item 69                       Subsection 33(3)

This item replaces the reference to a 'ship' described in subsection 33(4) with a reference to a 'regulated Australian vessel'.

 

Item 70                       Subsections 33(4) and (5)

This item repeals these provisions which reference terminology and definitions from the Navigation Act 1912 and are redundant.

 

Protection of the Sea (Shipping Levy Collection) Act 1981

 

Item 71                       Subsection 4(1) (definition of light dues )

This item removes the definition which is no longer required. 

 

 

Item 72                       Subsection 4(1) (definition of overseas voyage)

This item inserts a definition of overseas voyage which mirrors the definition in the proposed Navigation Act 2012 .

 

Item 73                       Subsection 4(1) (definition of Protected Zone )

This item inserts a definition of the Protected Zone consistently with the proposed Navigation Act 2012 .

 

Item 74                       Subsection 4(1) (definition of ship )

This item replaces the definition of 'ship' consistently with the new terminology used for vessel in the proposed Navigation Act 2012 .

 

Item 75                       Subsection 4(1) (definition of Tonnage Measurement Convention )

This item replaces the definition of the Tonnage Measurement Convention with a reference to the definition in the proposed Navigation Act 2012 .

 

Item 76                       Subsection 8(2)

This item removes the subsection which is no longer required.

 

Radiocommunications Act 1992

 

Item 77           Paragraph 108(2)(f)

This item replaces a reference to a provision of the Navigation Act 1912 with a reference to the equivalent provision in the proposed Navigation Act 2012.

 

Seafarers Rehabilitation and Compensation Act 1992

 

The coverage of the Seafarers Rehabilitation and Compensation Act 1992 (the Seafarers Act) is established by section 19 of the Seafarers Act and is dependent on the Navigation Act 1912 . Section 19 provides that the Seafarers Act applies to ‘prescribed ships’, which are in turn defined as a ship to which Part II of the Navigation Act1912 applies.

 

The purpose of these amendments is to preserve the current coverage of the Seafarers Act pending a more comprehensive review of the jurisdiction of the Seafarers Act and the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act) to be undertaken in consultation with stakeholders.

 

Both the Seafarers Act and the OHS(MI) Act will continue to apply to those ships (and units) to which the Act applied immediately before the repeal of the Navigation Act 1912.

 

Item 78                       Section 3 (definition of Navigation Act)

This item repeals the definition of Navigation Act from Section 3 of the Seafarers Act. This definition is no longer required as a result of other amendments made by this Bill.

 

 

 

Item 79                       Section 3(1) (definition of prescribed ship)

Section 19 of the Seafarers Act provides that the Act applies to ‘prescribed ships’. This item amends the definition of ‘prescribed ship’ found in subsection 3(1) of the Seafarers Act to ensure that the Act continues to apply to those ships to which Part II of the Navigation Act 1912 would apply if that Act had not been repealed, as well ships declared under subsection 4A(1) to be a prescribed ship.

 

This item also provides that a prescribed ship is neither a Government ship nor or a ship that is declared under subsection 3A(2) not to be a prescribed ship.

 

Item 80                      Section 3 (definition of seafarer )

This item provides that a seafarer is person who is employed in any capacity on a prescribed ship, on the business of the ship. This definition is consistent with the meaning of seafarer in the proposed Navigation Act 2012 .

The intention is to continue to align these two terms so that they continue to take the same meaning across the both the proposed Navigation Act 2012 and the Seafarers Act.

 

Item 81                       After section 3

Section 19 of the Seafarers Act provides that the Act applies to ‘prescribed ships’. This item inserts section 3A into the Seafarers Act and enables the Minister to declare a ship ‘in’ or ‘out’ of the definition of prescribed ship.

 

Item 82                      Subsection 19(1A)

This item replaces subsection 19(1A) of the Seafarers Act and provides that this Act also applies to the employment of employees on any prescribed ship that:

 

•           would have been an off shore industry vessel within the meaning of the Navigation Act 1912 and either:

-    was, immediately before the repeal of the Navigation Act1912 , covered by a declaration under subsection 8A(2) of that Act; or

-    is covered by a declaration under subsection (1C) of the Seafarers Act; or

 

•          would have been a trading ship within the meaning of the Navigation Act1912   and either:

            -    was, immediately before the repeal of the Navigation Act1912 , covered by a declaration in force under subsection 8AA(2) of that Act; or

-   is covered by a declaration in force under subsection (1C) of the Seafarers Act.

 

This item also inserts new subsections 19(1B) to 19(1D).  Subsection 19(1B) provides that the Seafarers Act does not apply to a prescribed ship that is covered by a declaration in force under subsection 19(1D) of that Act.

 

Subsection 19(1C) enables the Seacare Authority to declare that the Seafarers Act applies to a prescribed ship that would be an off shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.

 

 

 

Subsection 19(1D) enables the Seacare Authority to declare that the Seafarers Act does not apply to a prescribed ship that would be an off shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.  Declarations under subsections 19(1C) and 19(1D) are required to be made in writing.

 

Subsection 19(1E) provides that a declaration made under subsection (1C) or (1D) is not a legislative instrument.  Such declaration would not be a legislative instrument within the meaning of section 5 of the Legislative Instruments Act 2003 .  Therefore, this provision has been included to assist readers.

 

Item 83                       Subsection 31(3)

This item substitutes the reference to ‘proper return port’ in subsection 31(3) with a reference to ‘home port’.  Section 31 of the Seacare Act provides for compensation to be payable for employees who are incapacitated for work as a result of injury.  If the employee is a seafarer, compensation is payable for each of the first 45 weeks after the date on which the seafarer is left on shore at, or returned to, his or her home port (or proper return port). 

 

The intention is to continue to align the terms proper return port and home port so that they continue to take the same meaning across both the proposed Navigation Act 2012 and the Seafarers Act.

 

Item 84                       Subsection 31(15)

This item repeals subsection 31(15) of the Seafarers Act and is consequential on the changes made to subsection 31(3) by this Bill.

 

Item 85                       Application of amendments of section 31 of the Seafarers Rehabilitation and Compensation Act 1992

This item clarifies that the amendments made to section 31 of the Seafarers Act apply to cases where the employee is incapacitated for work after commencement of these amendments. 

 

Sea Installations Act 1987

 

Item 86                       Subsection 4(1) (paragraph (b) of the definition of excluded                                wreck )

This item replaces a reference to a wreck in the Navigation Act 1912 Act with the equivalent reference in the proposed Navigation Act 2012.  

 

Item 87                       Subsection 4(1) (paragraph (d) of the definition of sea                                         installation)

This item removes a reference to a definition in the Navigation Act 1912. 

 

Shipping Registration Act 1981

 

Item 88                       Subsection 3(1) (definition of harbour )

This item repeals the definition of 'harbour' and substitutes a definition consistent with the definition in the proposed Navigation Act 2012 .

 

Item 89                       Subsection 3(1)

This item inserts a definition of ‘issuing body’ that is consistent with the definition of that term in the proposed Navigation Act 2012

 

Item 90                       Subsection 3(1)(definition of Navigation Act )

This item replaces the reference to the Navigation Act 1912 with a reference to the proposed Navigation Act 2012 .

 

Item 91                       Subsection 3(1) (paragraph (d) of the definition of seafarer)

This item replaces a reference to the Navigation Act 1912 with a reference to the proposed Navigation Act 2012 .  

 

Item 92                       Subsection 3(1) (definition of surveyor )

This item repeals the definition of surveyor which is no longer relevant.

 

Item 93                       Subsection 3(1)

This item defines a work agreement for the purposes of the Shipping Registration Act 1981 by reference to the definition in the proposed Navigation Act 2012 .

 

Item 94                       At the end of section 13

This item makes it clear that vessels that are exempt from registration requirements must nevertheless be registered if they undertake a voyage to a port or place outside Australia. 

 

Item 95                       Subsection 15D(1)

This item replaces the reference to 'a surveyor' which is no longer relevant with 'an employee or agent of an issuing body'.

 

Item 96                       Subsection 15D(2)

This item replaces the reference to 'a surveyor' which is no longer relevant with 'an employee or agent of an issuing body'.

 

Item 97                       Subsection 15D(3)

This item replaces the reference to 'a surveyor' which is no longer relevant with 'an employee or agent of an issuing body'.

 

Item 98                       Paragraph 15F(2)(d))

This item replaces the reference to 'a surveyor' which is no longer relevant with 'an employee or agent of an issuing body'.

 

Item 99                       Subsection 15F(4)

This item replaces the reference to 'a surveyor' which is no longer relevant with 'an employee or agent of an issuing body'.

 

Item 100                     At the end of section 33A

This item inserts new subsection 33A(4) which makes it clear that certain provisions of the proposed Navigation Act 2012 and relevant definitions apply in relation to section 33A as if it was a provision of the proposed Navigation Act 2012.

 

 

Item 101                     Subparagraph 33B(1)(b)(i)

This item repeals a reference to a provision of the Navigation Act 1912.

 

Item 102                     Subparagraph 33B(1)(b)(ii)

This item repeals a reference to a provision of the Navigation Act 1912.

 

Item 103                     Subsection 61AD(1)

This item replaces a reference to a provision of the Navigation Act 1912 with a reference to regulations under the relevant provision of the proposed Navigation Act 2012.

 

Item 104                     Subsection 61AG(1)

This item replaces a reference to a Part of the Navigation Act 1912 with a reference to the relevant Parts of the Navigation Act 2012.

 

Item 105                     Subsection 61AH(2)

This item removes a reference to a provision of the Navigation Act 1912 .

 

Item 106                     Paragraph 61AI(1)(b)

This item omits a reference to a provision of the Navigation Act 1912 .

 

Item 107                     Subsection 61AI(2)

This item omits a reference to a provision of the Navigation Act 1912 .

 

Item 108                     Subsection 61AN(1)

This item replaces a reference to a provision of the Navigation Act 1912 with a reference to the equivalent provision of the Navigation Act 2012.

 

Item 109                     Subsection 61AO(1)

This item replaces a reference to a provision of the Navigation Act 1912 with a reference to regulations under the relevant provision of the proposed Navigation Act 2012.

 

Item 110                     At the end of Part VA

This item makes applicable to Part VA of the Shipping Registration Act 1981 certain provisions of the proposed Navigation Act 2012 together with relevant definitions provisions to facilitate the enforcement of the Part of this Act. 

 

Parts 1, 2, 3 and 4 of Chapter 8 of the proposed Navigation Act 2012 apply as if Part VA was a Part in that Act and as if civil penalty provisions in Part VA were civil penalty provisions within the meaning of that Act.

 

Transport Safety Investigation Act 2003

 

Item 111                     Paragraphs 18(3)(a) and 19(3)(a)

This item replaces a reference to the Navigation Act 1912 with the proposed Navigation Act 2012.

 

 

 

Schedule 3—Amendments relating to the Maritime Labour Convention

 

Navigation Act 2012

Item 1                         At the end of paragraph 12(c)

This item inserts an ‘or’ into paragraph 12(c) of the proposed Navigation Act 2012 , consistently with modern drafting standards.

 

Item 2             After paragraph 12(c)

This item inserts the term for the Maritime Labour Convention into the “rollback” provision in section 12 of the proposed Navigation Act 2012 .

 

Item 3                         Subsection 14(1)

This item inserts a definition of the Maritime Labour Convention.

 

Item 4                         Section 24

This item amends the definition of ‘substandard’ to include a reference to the Maritime Labour Convention.

 

Item 5                         At the end of subsection 340

This item provides a regulation making power to give effect to the Maritime Labour Convention.