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Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013

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2010-2011-2012-2013

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) NATIONAL LAW AMENDMENT BILL 2013

 

 

 

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Infrastructure and Transport

the Honourable Anthony Albanese, MP)

 



 

MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) NATIONAL LAW AMENDMENT BILL 2013

 

 

OUTLINE

 

The purpose of the Bill is to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 to ensure that the Australian Maritime Safety Authority (AMSA) as the National Marine Safety Regulator (the National Regulator) is able to reimburse to the states and Northern Territory amounts collected for infringement notices.

 

 

Financial impact statement

 

The proposed amendments do not place any additional financial burden on the domestic commercial vessel industry.

 

 

Regulation impact statement

 

The proposed amendments do not place any additional regulatory burden on the domestic commercial vessel industry.

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

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

 

Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013

 

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 .

 

Overview of the Bill/Legislative Instrument

The purpose of the Bill is to amend the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the Act) to ensure that the Australian Maritime Safety Authority (AMSA) as the National Marine Safety Regulator (the National Regulator) is able to reimburse to the states and Northern Territory amounts collected for infringement notices.

 

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 Honourable Anthony Albanese, MP



NOTES ON CLAUSES

 

Clause 1: Short Title

 

This is a formal provision that specifies that the Act may be referred to as the Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013 (the Act).

 

Clause 2: Commencement

 

This clause sets out when provisions in the Act will commence.  Sections 1 to 3 and anything else in the Act not elsewhere covered by this table will commence on Royal Assent.  Schedule 1 will commence on the later of Royal Assent, and immediately after section 3 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

 

The intention of the commencement is for the proposed amendments in the Bill to commence at the same time as the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act) to ensure that the infringement notice framework operates in the way it was originally intended.

 

Clause 3: Schedule(s)

 

This clause provides that the National Law Act is amended as specified and set out in Schedule 1 to the Act.

 

 

SCHEDULE 1 - TECHNICAL AMENDMENTS

 

Item 1 -

 

Subsection 138(1) of Schedule 1 of the National Law Act will be amended to substitute the reference to the “Commonwealth” with “National Regulator”.  The proposed amendment will allow for regulations to be made under section 138 of the National Law Act to enable an alleged offender to pay a penalty to the National Regulator as an alternative to prosecution. 

 

Item 2 -

 

Subsection 162(3) of Schedule 1 of the National Law Act will be amended to substitute the reference to the “Commonwealth” with “National Regulator”.  The proposed amendment will allow for regulations to be made under section 162 of the National Law to enable a person who is alleged to have contravened a provision of the regulations to pay a civil penalty to the National Regulation as an alternative to proceedings for a civil penalty.