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Schedule 1—Main amendments

Schedule 1 Main amendments

   

Coastal Trading (Revitalising Australian Shipping) Act 2012

1  Paragraph 3(2)(b)

Omit “licence;”, substitute “licence.”.

2  Paragraph 3(2)(c)

Repeal the paragraph.

3  Section 5

Omit:

•      This Act regulates coastal trading by providing for licences to be granted that authorise vessels to carry passengers or cargo between ports in Australia. Using a vessel to engage in coastal trading without a licence may lead to a pecuniary penalty being imposed for the contravention of a civil penalty provision.

substitute:

•      This Act regulates coastal trading by providing for licences to be granted that authorise vessels to carry passengers or cargo between ports in Australia or for vessels to carry liquid fuel products from offshore facilities to ports in Australia. Using a vessel to engage in coastal trading without a licence may lead to a pecuniary penalty being imposed for the contravention of a civil penalty provision.

4  Section 5

Omit:

•      Part 4 sets out the 3 kinds of licences (general licences, temporary licences and emergency licences) that may be granted and the application process for each. It also deals with matters such as conditions of licences and the cancellation of licences.

substitute:

•      Part 4 sets out the 2 kinds of licences (general licences and temporary licences) that may be granted and the application process for each. It also deals with matters such as conditions of licences and the cancellation of licences.

5  Subsection 6(1) (paragraphs (a) and (b) of the definition of acceptable tolerance limits )

Repeal the paragraphs, substitute:

                     (a)  in relation to cargo authorised to be carried on a vessel under a temporary licence—not more than 200% more, or 100% less, of the volume of cargo authorised to be carried under the licence; or

                     (b)  in relation to passengers authorised to be carried on a vessel under a temporary licence—not more than 200% more, or 100% less, of the number of passengers authorised to be carried under the licence; or

6  Subsection 6(1) (paragraph (c) of the definition of acceptable tolerance limits )

Omit “5”, substitute “30”.

7  Subsection 6(1)

Insert:

docked for service : a vessel is docked for service if:

                     (a)  the vessel is in dry dock; or

                     (b)  the vessel is:

                              (i)  docked for maintenance, repairs, cleaning or painting; and

                             (ii)  not undertaking a voyage.

8  Subsection 6(1) (definition of emergency licence )

Repeal the definition.

9  Subsection 6(1) (definition of energy security situation )

Repeal the definition.

10  Subsection 6(1)

Insert:

IMO number of a vessel, means the International Maritime Organization number for the vessel.

11  Subsection 6(1) (definition of licence )

Omit “, a temporary licence or an emergency licence”, substitute “or a temporary licence”.

12  Subsection 6(1)

Insert:

offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .

13  Subsection 6(1) (definition of offshore industry vessel )

After “activities” insert “(other than coastal trading mentioned in paragraph 7(1)(d))”.

14  Subsection 6(1) (definition of port )

At the end of the definition, add:

Note:          See also subsection (3).

15  Subsection 6(1) (definition of voyage )

Omit “from one port to another port in a way that would satisfy paragraph 7(1)(a), (b) or (c)”, substitute “in a way that would satisfy paragraph 7(1)(a), (b), (c) or (d)”.

16  Subsection 6(1A)

Repeal the subsection.

17  At the end of section 6

Add:

             (3)  For the purposes of this Act, a port is taken to be in a State or Territory if the port is connected with a port that is in a State or Territory.

18  At the end of subsection 7(1)

Add:

               ; or (d)  the vessel:

                              (i)  takes on board cargo that is liquid fuel product from an offshore facility; and

                             (ii)  carries the liquid fuel product to a port in a State or Territory where some or all of the liquid fuel product is unloaded.

19  Paragraph 12(2)(a)

After “Territory”, insert “or takes on board cargo that is liquid fuel product at an offshore facility in a State or Territory”.

20  Subparagraph 27(1)(b)(ii)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product was taken on board”.

21  After subsection 28(1)

Insert:

          (1A)  A person may apply to the Minister for a temporary licence to enable a vessel to be used to engage in coastal trading over a 65 day period in an emergency situation of a kind prescribed by the regulations if the person is:

                     (a)  the owner, charterer, master or agent of a vessel; or

                     (b)  a shipper.

22  Paragraph 28(2)(a)

Omit “5”, substitute “one”.

23  After paragraph 28(2)(ea)

Insert:

                   (eb)  the IMO number of the vessel (if known);

24  Paragraph 28(2)(f)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product is expected to be taken on board”.

25  After paragraph 28(2)(g)

Insert:

                    (ga)  for an application under subsection (1A)—details of the emergency situation of a kind mentioned in that subsection;

26  Section 30 (heading)

Repeal the heading, substitute:

30   Consultation

27  Section 30

Before “Within”, insert “(1)”.

28  Section 30

Omit “section 28”, substitute “subsection 28(1) that relates to the carriage of passengers or cargo of a kind determined under subsection (2)”.

29  At the end of section 30

Add:

             (2)  The Minister may, by legislative instrument, determine the following for the purposes of subsection (1):

                     (a)  kinds of passengers;

                     (b)  kinds of cargo.

30  Paragraph 34(3)(c)

Omit “5”, substitute “30”.

31  Subsection 34(4)

Repeal the subsection, substitute:

             (4)  The Minister must decide an application for a temporary licence:

                     (a)  if the application is made under subsection 28(1)—within 10 business days after the day the application is made; or

                     (b)  if the application is made under subsection 28(1A)—within 3 business days after the day the application is made.

32  Paragraph 35(1)(a)

Repeal the paragraph, substitute:

                     (a)  the licence is valid:

                              (i)  for an application under subsection 28(1)—for 12 months; and

                             (ii)  for an application under subsection 28(1A)—for 65 days; and

33  Paragraph 35(2)(g)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product will be taken on board”.

34  Section 36

Repeal the section, substitute:

36   Application taken to be granted in certain circumstances

                   If the Minister has not decided an application by the end of the period within which a decision is required under section 34, then, at the end of the last day of that period, the Minister is taken to have granted the application.

35  Paragraph 37(2)(k)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product is authorised to be taken on board”.

36  Subdivision C of Division 2 of Part 4 (heading)

Repeal the heading, substitute:

Subdivision C Variation of temporary licences

37  Section 43 (heading)

Repeal the heading, substitute:

43   Application to vary temporary licence

38  Subsection 43(1)

Repeal the subsection, substitute:

             (1)  The holder of a temporary licence that was granted on application under subsection 28(1) may apply to the Minister to vary the licence.

39  Paragraphs 43(2)(b) and (ba)

Repeal the paragraphs, substitute:

                     (b)  specify how the applicant wishes to vary the licence; and

40  Subsection 43(3)

Repeal the subsection, substitute:

             (3)  An application relating to a voyage authorised by a temporary licence may be made at any time before the voyage commences.

41  Subsection 45(1)

Omit “(other than an application relating to an energy security situation)”, substitute “that relates to the carriage of cargo or passengers of a kind determined under subsection 30(2)”.

42  Paragraph 46(2)(b)

Omit “(whether under this Subdivision or Subdivision D of this Division)”.

43  Subsection 46(4)

Repeal the subsection, substitute:

             (4)  The Minister must decide an application for variation of a temporary licence within 2 business days after the day the application is made.

44  Section 47A

Repeal the section.

45  Subdivision D of Division 2 of Part 4

Repeal the Subdivision.

46  Section 61

Before “The”, insert “(1)”.

47  After paragraph 61(a)

Insert:

                    (aa)  the IMO number of the vessel;

48  Paragraph 61(e)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product will be taken on board”.

49  At the end of section 61

Add:

             (2)  Subsection (1) does not apply if the holder of the temporary licence has given the information required by that subsection to the Minister when applying for the licence under section 28, or for a variation to the licence under section 43.

50  After paragraph 62(1)(a)

Insert:

                    (aa)  the IMO number of the vessel;

51  Subparagraph 62(1)(d)(iii)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product was taken on board”.

52  Paragraph 63(1)(c)

After “on board”, insert “or the offshore facilities at which cargo that is liquid fuel product is taken on board”.

53  Paragraph 63(1)(e)

Omit “under Subdivision C or D of this Division”.

54  Division 3 of Part 4

Repeal the Division.

55  Section 76 (heading)

Repeal the heading, substitute:

76   Requests for further information—general licence applications

56  Subsection 76(1)

Omit “or 64”.

57  Subsection 76(3)

Omit “or 66, as applicable,”.

58  Subsection 77(1)

Omit “51”, substitute “43”.

59  Subsection 77(4)

Omit “54(1)”, substitute “46(4)”.

60  Paragraph 78(a)

Omit “41 or 73, respectively”, substitute “or 41, as applicable”.

61  Subsection 107(3)

Omit “51”, substitute “43”.

62  Subsection 107(3)

Omit “58”, substitute “49”.

63  Subsection 107(5)

Repeal the subsection, substitute:

             (5)  The holder of a general licence who gave the Minister a notice in response to an application for a variation of a temporary licence under section 43 may apply to the Administrative Appeals Tribunal for review of a decision by the Minister to grant the application under section 47.

64  Section 112

Repeal the section, substitute:

112   Customs treatment of certain vessels

                   A vessel is not imported into Australia for the purposes of the Customs Act 1901 only because:

                     (a)  it is used to carry passengers or cargo under a temporary licence; or

                     (b)  it is docked for service while a temporary licence is in force that enables the vessel to engage in coastal trading.

65  Application of amendments

(1)       The amendments made by this Schedule apply in relation to a licence that was issued before, on or after the commencement of this item.

(2)       The amendments made by this Schedule apply in relation to an application for a licence made under section 28 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 that was pending immediately before the commencement of this item.

(3)       The amendments made by this Schedule apply in relation to an application made on or after the commencement of this item for a variation of a licence whether the licence was granted before, on or after that commencement.

(4)       An application for a variation made under section 43 or 51 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 that was pending immediately before the commencement of this item is taken, after that time, to be an application made under section 43 of that Act as amended by this Schedule.

(5)       An application under section 64 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 that was pending immediately before the commencement of this item is taken, after that time, to be an application made under subsection 28(1A) of that Act as inserted by this Schedule.

66  Transitional provision

Despite the repeal of Division 3 of Part 4 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 by this Schedule, that Division continues to apply to an emergency licence that was in force immediately before the commencement of this item as if that repeal had not happened.