Schedule 3 — Extension of controls on anti-fouling systems

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

1  Section 3 (definition of HAFC )

After “in an anti-fouling system”, insert “, or cybutryne”.

2  Section 3

Insert:

pre-2023 exempt platform means an exempt platform that was constructed before 1 January 2023 and has not been in dry dock on or after that date.

3  At the end of section 4

Add:

               ; or (c)  for a ship that has cybutryne applied on a designated external surface—neither of the following has occurred:

                              (i)  the first scheduled renewal of the ship’s anti-fouling system after 1 January 2023;

                             (ii)  the day that is 60 months after the last application of cybutryne to the ship before 1 January 2023.

4  Paragraph 9(1)(a)

Omit “on or after 1 January 2008,”.

5  After paragraph 9(1)(d)

Insert:

             ; and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform.

6  Paragraph 9(2)(a)

Repeal the paragraph, substitute:

                     (a)  a person allows an Australian ship to remain in a shipping facility; and

7  After paragraph 9(2)(d)

Insert:

               and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform;

8  Paragraph 9(3)(a)

Omit “on or after 1 January 2008,”.

9  After paragraph 9(3)(d)

Insert:

             ; and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform.

10  Paragraph 9(4)(a)

Repeal the paragraph, substitute:

                     (a)  a person allows a foreign ship to remain in an Australian shipping facility; and

11  After paragraph 9(4)(d)

Insert:

               and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform;

12  Paragraph 9(5)(a)

Omit “on or after 1 January 2008,”.

13  After paragraph 9(5)(d)

Insert:

             ; and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform.

14  Paragraph 9(6)(a)

Repeal the paragraph, substitute:

                     (a)  an Australian ship remains in a shipping facility; and

15  After paragraph 9(6)(c)

Insert:

               and (d)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform;

16  Paragraph 9(7)(a)

Omit “on or after 1 January 2008,”.

17  After paragraph 9(7)(d)

Insert:

             ; and (e)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform.

18  Paragraph 9(8)(a)

Repeal the paragraph, substitute:

                     (a)  a foreign ship remains in an Australian shipping facility; and

19  After paragraph 9(8)(c)

Insert:

               and (d)  for a ship that has cybutryne applied to a designated external surface—the ship is not a pre-2023 exempt platform;

20  Application of amendments

The amendments of subsections 9(2), (4), (6) and (8) of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 made by this Schedule apply in relation to a ship whether or not the ship entered the shipping facility before the commencement of this Schedule.