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TRANSPORT LEGISLATION AMENDMENT BILL 1995
TRANSPORT LEGISLATION AMENDMENT BILL (NO. 2) 1995

Order of the day read for the consideration of the bills in committee of

the whole.

In the committee

TRANSPORT LEGISLATION AMENDMENT BILL 1995--

Explanatory memorandum: The Minister for the Environment, Sport and

Territories (Senator Faulkner) tabled a supplementary explanatory

memorandum relating to the Government amendments to be moved to the

bill.

Bill taken as a whole by leave.

On the motion of Senator Faulkner the following amendments, taken

together by leave, were agreed to:

Clause 2, page 2, subclause (1), line 2, omit "subsections (2), (3),

(4), (5) and (6)", substitute "this section".

Clause 2, page 2, after subclause (1), insert the following subclauses:

"(1A) Part AA of Schedule 1 commences immediately before the

commencement of the Audit (Transitional and Miscellaneous) Amendment

Act 1995.

"(1B) The following provisions commence on the day on which this Act

receives the Royal Assent or 1 July 1995, whichever is later:

(a) Part B of Schedule 1 (except items 2A, 2B and 4);

(b) Parts C and E of Schedule 1.

"(1C) Items 2A, 2B and 4 of Part B of Schedule 1 commence on the same

day as the Financial Management and Accountability Act 1995.".

Clause 2, page 2, subclause (3), lines 6 to 11, omit the subclause.

After clause 3, page 2, insert the following clause:

Application--Australian Maritime Safety Authority dividend for 1994-95

"3A. Section 38 of the Australian Maritime Safety Authority Act 1990

applies in relation to the financial year ending on 30 June 1995 as if

that section had not been repealed, and section 27 of that Act had not

been amended, by this Act.".

After clause 3, page 2, insert the following clause:

Application--Australian Maritime Safety Authority annual report for

1994-95

"3B. The amendment of section 44 of the Australian Maritime Safety

Authority Act 1990 made by item 8F of Part B of Schedule 1 to this Act

does not apply in relation to the annual report for the year ending on

30 June 1995.".

After clause 3, page 2, insert the following clause:

Application--Chief Executive Officer of Australian Maritime Safety

Authority

"3C. The amendment made by item 8G of Part B of Schedule 1 applies in

relation to Chief Executive Officers of the Australian Maritime Safety

Authority appointed after the commencement of the amendment.".

Clause 8, page 4, subclause (1), lines 12 to 15, omit the subclause.

Clause 9, page 4, subclause (1), lines 24 to 30, omit the subclause.

Schedule 1, page 6, after Part A, insert the following Part:

"PART AA

AMENDMENTS OF THE AUDIT (TRANSITIONAL AND

MISCELLANEOUS) AMENDMENT ACT 1995

1. Item 197 of Schedule:

Omit "Subsection 19(3)', substitute "Subsection 18(3)'.

2. Items 201, 202 and 204 of Schedule:

Omit the items.".

Schedule 1, page 6, Part B, item 1, omit the item, substitute the

following items:

"1. After section 2:

Insert:

Main objects of this Act

"2A. The main objects of this Act are:

(a) to promote maritime safety; and

(b) to protect the marine environment from:

(i) pollution from ships; and

(ii) other environmental damage caused by shipping; and

(c) to promote the efficient provision of services by the

Authority.'.

1A. Subsection 9(3):

Omit the subsection.".

Schedule 1, page 6, Part B, item 2, proposed subsection 9A(3), note,

omit the note.

Schedule 1, page 7, Part B, item 2, proposed subsection 9A(4), omit "The

members must include in the annual report", substitute "The Authority

must include in its annual report under section 63H of the Audit Act

1901".

Schedule 1, page 7, Part B, item 2, proposed subsection 9A(4), note,

omit the note.

Schedule 1, page 7, Part B, item 2, proposed subsection 9B(4), omit "The

members must include in the annual report", substitute "The Authority

must include in its annual report under section 63H of the Audit Act

1901".

Schedule 1, page 7, Part B, item 2, proposed subsection 9B(4), note,

omit the note.

Schedule 1, page 7, Part B, after item 2, insert the following items:

"2A. Subsection 9A(4):

Omit "The Authority must include in its annual report under section

63H of the Audit Act 1901', substitute "The members must include in

their annual report under section 9 of the Commonwealth Authorities

and Companies Act 1995'.

2B. Subsection 9B(4):

Omit "The Authority must include in its annual report under section

63H of the Audit Act 1901', substitute "The members must include in

their annual report under section 9 of the Commonwealth Authorities

and Companies Act 1995'.".

Schedule 1, page 7, Part B, item 3, proposed subsection 21(3A), omit the

subsection, substitute the following subsection:

" "(3A) If the Minister is of the opinion that:

(a) the Authority has failed to comply with subsection 9B(3); or

(b) the members have failed to comply with subsection 25(4);

the Minister may terminate the appointment of all members or specified

members.'.".

Schedule 1, pages 7 and 8, Part B, items 4 to 8, omit the items,

substitute the following items:

"4. Subsection 21(3A):

Omit the subsection, substitute:

"(3A) If the Minister is of the opinion that:

(a) the Authority has failed to comply with section 9B of this Act;

or

(b) the members have failed to comply with:

(i) subsection 25(4) of this Act; or

(ii) subsection 13(2) or 15(1) of the Commonwealth Authorities

and Companies Act 1995; or

(iii) paragraph 16(1)(a) or (b) of the Commonwealth Authorities

and Companies Act 1995;

the Minister may terminate the appointment of all members or specified

members.'.

5. Sections 25 and 26:

Repeal the sections, substitute:

Corporate plan

"25.(1) The members must prepare a corporate plan at least once a year

and give it to the Minister.

"(2) If the Minister asks the members to give the plan to the Minister

by a specified day, the members must give the plan to the Minister by

that day.

"(3) The plan must cover a period of at least 3 years.

"(4) The members must keep the Minister informed about:

(a) significant changes to the plan; and

(b) matters that arise that might significantly affect the

achievement of the objectives of the plan.

"(5) The plan must include details of the following matters:

(a) assumptions about the Authority's operational environment;

(b) the Authority's strategies;

(c) performance indicators for the Authority;

(d) review of performance against previous corporate plans;

(e) analysis of risk factors likely to affect safety in the maritime

industry;

(f) human resource strategies and industrial relations strategies.

"(6) The plan must also cover any other matters required by the

Minister, which may include further details about the matters in

subsection (5).

"(7) In preparing the plan, the members must take account of notices

given under section 9A.

Minister's response to corporate plan

"26.(1) The Minister must respond to a corporate plan within 60 days

of being given the plan.

"(2) The Minister's response may include a direction to the members to

vary the plan.

"(3) A direction under subsection (2) must be in writing and must set

out its reasons.

"(4) If directing a variation of the corporate plan, the Minister must

consider:

(a) the objectives and policies of the Commonwealth Government; and

(b) the objects of this Act; and

(c) any other considerations the Minister thinks appropriate.

"(5) If the Minister's response includes a direction to vary the

corporate plan, the members must prepare a revised plan and give it to

the Minister within 28 days of being given the response.'.

6. Section 27:

Omit "preparing the financial plan, the Authority', substitute

"including details of the performance indicators for the Authority in

the corporate plan, the members'.

Note: The heading to section 27 is altered by omitting "Financial

targets and performance' and substituting "Performance'.

7. Paragraph 27(e):

Omit the paragraph, substitute:

"(e) the performance of functions of the Authority that are directly

funded by the Commonwealth; and'.

8. Paragraphs 27(h) and (j):

Omit the paragraphs.

8A. Paragraph 27(k):

Omit the paragraph, substitute:

"(k) any other consideration affecting the performance of the

Authority that the members think appropriate.'.

8B. Section 29:

Repeal the section.

8C. Paragraph 37(2)(b):

Omit "tax; or', substitute "tax.'.

8D. Paragraph 37(2)(c):

Omit the paragraph.

8E. Section 38:

Repeal the section.

8F. Subsection 44(2):

Omit "financial targets and'.

8G. Section 51:

Repeal the section, substitute:

Remuneration and allowances of Chief Executive Officer

"51.(1) The Chief Executive Officer is to be paid the remuneration

that is determined by the Remuneration Tribunal. However, if no

determination of that remuneration by the Tribunal is in operation,

the Chief Executive Officer is to be paid the remuneration that is

prescribed by the regulations.

"(2) The Chief Executive Officer is to be paid the allowances that are

prescribed by the regulations.

"(3) This section has effect subject to the Remuneration Tribunal Act

1973.

Leave of absence

"51A.(1) Subject to section 87E of the Public Service Act 1922, the

Chief Executive Officer has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

"(2) The Minister may grant the Chief Executive Officer leave of

absence, other than recreation leave, on such terms and conditions as

to remuneration or otherwise as the Minister determines.'.".

Schedule 1, page 9, Part B, item 10, omit the item, substitute the

following item:

"10. Section 60:

Omit "29 or 38,'.".

Bill, as amended, agreed to.

TRANSPORT LEGISLATION AMENDMENT BILL (NO. 2) 1995--

Bill, taken as a whole by leave, agreed to.

The Transport Legislation Amendment Bill 1995 to be reported with

amendments and the Transport Legislation Amendment Bill (No. 2) 1995 to

be reported without amendments.

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

Temporary Chairman of Committees (Senator Watson) reported accordingly.

On the motion of Senator Faulkner the report from the committee was

adopted and the bills read a third time.