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TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT BILL (NO. 3) 1993

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Consideration resumed of the bill.

On the motion of the Parliamentary Secretary to the Minister for Primary

Industries and Energy (Senator Sherry) the following amendments, taken

together by leave, were agreed to:

Clause 2, page 2, subclause (3), line 8, omit "The", substitute "Subject

to subsection (4), the amendments of subsections 22(2) and (4) of the

Protection of the Sea (Civil Liability) Act 1981 and the".

Clause 2, page 2, at end of clause, add the following subclause:

"(4) The amendment of subsection 26AB(4) of the Protection of the Sea

(Prevention of Pollution from Ships) Act 1983 commences immediately

after the commencement of section 26 of the Protection of the Sea

Legislation Amendment Act 1986.".

Schedule 1, page 8, before insertion of proposed Part IVA of the

Protection of the Sea (Civil Liability) Act 1981, insert the following

amendments:

"After subsection 22(1):

Insert:

"(1A) If a ship is detained under this section, the person authorised

to detain it may escort it to a port in Australia.'.

"Subsection 22(2):

Add at the end "or in the exclusive economic zone'.

"Subsection 22(4):

Insert:

""exclusive economic zone" means the exclusive economic zone, within the

meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast

of Australia or the coast of an external Territory;'.".

Schedule 1, page 9, before insertion of proposed section 27A of the

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

insert the following amendments:

"Subsection 3(1):

Insert:

""exclusive economic zone" means the exclusive economic zone, within the

meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast

of Australia or the coast of an external Territory;

"Law of the Sea Convention" means the United Nations Convention on the

Law of the Sea done at Montego Bay on 10 December 1982;

"territorial sea" means the territorial sea of Australia;'.

"Section 6:

Add at the end "and to the exclusive economic zone'.

"Subsection 9(1B):

Add at the end "or in the exclusive economic zone'.

"Subsection 11(1B):

Add at the end "or in the exclusive economic zone'.

"Subsection 21(1B):

Add at the end "or in the exclusive economic zone'.

"Subsection 22(1B):

Add at the end "or in the exclusive economic zone'.

"Subsection 26AB(4):

Add at the end "or in the exclusive economic zone'.

"Subsection 26B(2):

Add at the end "or in the exclusive economic zone'.

"Subsection 26F(4):

Add at the end "or in the exclusive economic zone'.

"Before section 27:

Insert in Part IV:

Power to require information

"26G.(1) If:

(a) a foreign ship is navigating in the territorial sea or the

exclusive economic zone; and

(b) there are clear grounds for believing that an act or omission

that constitutes a contravention of this Act has occurred in

relation to the ship while in the exclusive economic zone;

the Authority may require the master of the ship to give to the

Authority such of the information referred to in subsection (2) as the

Authority requires.

"(2) All or any of the following information may be required:

(a) the ship's identity;

(b) its port of registry;

(c) its last port of call;

(d) its next port of call;

(e) such other relevant information required to establish whether

the contravention occurred.'.

"After subsection 27(1):

Insert:

"(1A) This section does not authorise the inspection of a foreign ship

navigating in the exclusive economic zone if the inspection is in

respect of an act or omission, or possible act or omission, in

relation to the ship while in the exclusive economic zone unless:

(a) there are clear grounds for believing that the act or omission

was a substantial discharge or disposal causing or threatening

to cause significant pollution of the marine environment; and

(b) a requirement for information under section 26G has not been

complied with, or information supplied purportedly in compliance

with such a requirement is manifestly at variance with the

evident factual situation.'.".

Schedule 1, page 10, after proposed subsection 27A(1) of the Protection

of the Sea (Prevention of Pollution from Ships) Act 1983, insert the

following subsection:

""(1A) If the ship is detained under paragraph (1)(b) or (c), the

Authority may escort it to a port.".

Schedule 1, page 11, proposed subsection 27A(5) of the Protection of the

Sea (Prevention of Pollution from Ships) Act 1983, definition of

"exclusive economic zone", omit the definition.

Schedule 1, page 11, proposed subsection 27A(5) of the Protection of the

Sea (Prevention of Pollution from Ships) Act 1983, definition of

"territorial sea", omit the definition.

Schedule 1, page 11, proposed subsection 27B(2) of the Protection of the

Sea (Prevention of Pollution from Ships) Act 1983, omit the subsection.

Schedule 1, page 11, after proposed section 27B of the Protection of the

Sea (Prevention of Pollution from Ships) Act 1983, insert the following

section:

Failure to comply with requirements for information under foreign laws

""27C. The master and owner of an Australian ship are guilty of an

offence if:

(a) a requirement to give information is made, in relation to the

ship, under a law of a foreign country in circumstances in which

paragraph 3 of article 220 of the Law of the Sea Convention

permits such a requirement to be made; and

(b) the requirement is not complied with.

Penalty: 500 penalty units.".

Schedule 1, page 11, proposed subsection 29(2) of the Protection of the

Sea (Prevention of Pollution from Ships) Act 1983, omit the subsection,

substitute the following subsection:

""(2) If the prosecution relates to an act or omission that involves a

foreign ship:

(a) the prosecution must not be brought more than 3 years after the

act or omission; and

(b) the prosecution must be suspended if under paragraph 1 of

article 228 of the Law of the Sea Convention the prosecution is

required to be suspended, and must be terminated if under that

paragraph the prosecution is required to be terminated.".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator West) resumed the Chair and the

Temporary Chairman of Committees (Senator Chapman) reported accordingly.

Senator Sherry moved--That the report from the committee be adopted.

Senator Coulter moved the following amendment:

At end of motion, add ", but the Senate, noting the proposed amendments

in the bill to the Protection of the Sea (Prevention of Pollution from

Ships) Act 1983, calls on the Government to use its best endeavours,

through appropriate legislative initiatives and consultations with the

states, to ensure that:

(a) the states accept their responsibility for the uptake and

discharge of ballast water by coastal shipping;

(b) vessels do not take on ballast water in any area where:

(i) an algal bloom is present; or

(ii) there is infestation of the seaweed "Undaria pinnatifida'

or the Northern Pacific starfish "Asterias amurensis' ;

(c) Port Authorities assume responsibility for alerting coastal

shipping to factors covered under paragraph (b);

(d) where it is not possible to comply with paragraph (b) vessels

fully exchange their ballast water only in deep ocean waters;

(e) before discharge of any ballast water in any Australian port,

the ship's master:

(i) informs the Port Authority of his or her wish to do so and

provides details of where the ballast water was drawn from;

and

(ii) obtains the Port Authority's approval to discharge the

ballast water and complies with any directions from the

Port Authorities regarding location of the point of

discharge;

(f) the highest priority is given to the development of on board

processing of ballast water; and

(g) there be laid on the table, by the Minister responsible for

shipping, on or before the last sitting day in February 1995,

and thereafter annually until the Senate otherwise resolves, a

report setting out how the Government has used its best

endeavours to achieve the goals described in paragraphs (a) to

(f), and what results have been achieved from those endeavours

to prevent pollution from ships' ballast".

Debate ensued.

Question--That the amendment be agreed to--put and passed.

Main question, as amended, put and passed.

On the motion of Senator Sherry the bill was read a third time.