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Monday, 4 May 1987
Page: 2530

Mr PETER MORRIS (Minister for Transport)(6.21) —by leave-I move:

(1) Heading to Part V, page 13, line 34, omit ``FOR WHICH GRANT PAID''.

(2) Clause 22, page 14, lines 18 and 19, omit ``in respect of which a grant has been paid'', insert ``for which there is a category certificate''.

(3) Clause 22, page 15, lines 1 and 2, omit ``in respect of which a grant has been paid'', insert ``for which there is a category certificate''.

The reason for the amendments is to correct an inconsistency in the operation of the Bill as originally drafted. Clause 22 provides a means for the Secretary to the Department of Transport to approve a shipowner's request for crew above the appropriate benchmark level, or who are non-residents. The operation of this clause is confined to special circumstances such as temporary crew additions to cover a foreign shipyard's guarantee engineer or a technical specialist needed to overcome teething problems on a new building. As the Bill is presently drafted this provision applies only after the shipowner has been paid a grant for the ship in question. However, sub-clause 8 (4) requires that as a precondition for a grant being paid the crew operating a ship be in accordance with the appropriate benchmark level and be Australian residents. This means a situation could arise in which a shipowner is denied eligibility for a grant by taking on an unauthorised guarantee engineer. That person cannot be authorised, under clause 22 as presently drafted, until the grant is paid. Yet the grant cannot be paid until evidence is provided that the ship is operational within the appropriate crew benchmark. There is a clear inconsistency between clauses 22 and 8. This can be resolved simply by tying the operation of clause 22 to the existence of a ship category certificate rather than the payment of grant. The issuing of a ship category certificate is the first step in the process of qualifying for a grant and will occur before the commissioning of a new ship. The inconsistency between the clauses is thus removed.

I also move:

Clause 38, page 22, line 40, omit ``(d) or (e)'', insert ``(e), (f) or (g)''.

The reason for this amendment is to correct an error in cross-referencing with sub-clause 38 (1). Sub-clause 38 (2) is intended to refer to decisions affecting the payment of grants under sub-clause 38 (1) (e), (f) and (g) of the Bill. I commend the amendments to the Committee.