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Maritime Legislation Amendment Bill 2000
Schedule 1 Navigation Act 1912

   

1  Paragraph 2(1)(a)

Repeal the paragraph, substitute:

                     (a)  a trading ship with a gross tonnage under 500 tons proceeding on an intra-State voyage; or

                    (aa)  an Australian trading ship with a gross tonnage under 500 tons proceeding on an interstate voyage; or

2  At the end of paragraphs 2(1)(b) and (ba)

Add “or”.

3  After subsection 2(1)

Insert:

          (1A)  This Act also does not apply to a trading ship unless the ship is covered by one or more of the following paragraphs:

                     (a)  the ship is a ship in relation to which Australia has international obligations whether arising under an international convention, treaty or otherwise;

                     (b)  the ship is proceeding on an overseas voyage;

                     (c)  the ship is proceeding on an inter-State voyage;

                     (d)  the ship is:

                              (i)  owned by a constitutional corporation; or

                             (ii)  operated, managed or controlled by a constitutional corporation; or

                            (iii)  for the time being demised or sub-demised to, or in the exclusive possession of, a constitutional corporation; or

                     (e)  the beneficial interest in the ship is vested in a constitutional corporation;

                      (f)  the ship is not within the limits of a State.

Note:          The purpose of subsection (1A) is to ensure that this Act is wholly within the legislative power of the Commonwealth. The subsection is not intended to otherwise restrict the operation of this Act.

          (1B)  For the purposes of this section, and section 8AA, the gross tonnage of a ship for which no gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969 is:

                     (a)  taken to be under 500 tons if the ship has an overall length less than 35 metres; and

                     (b)  taken to be at least 500 tons if the ship has an overall length that is at least 35 metres.

4  Subsection 6(1)

Insert:

Australian trading ship means a trading ship that is registered in Australia.

5  Subsection 6(1)

Insert:

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

6  Subsection 6(1)

Insert:

intra-State voyage means a voyage other than an inter-State voyage or an overseas voyage.

7  Subsection 8AA(1)

After “trading ship”, insert “under 500 tons gross tonnage”.

Note:       The heading to section 8AA is altered by omitting “ engaging in intra-state trade ” and substituting “ under 500 tons gross tonnage ”.

8  Subsection 8AA(2)

Omit “even when the ship is proceeding on a voyage other than an overseas voyage or an inter-state voyage”.

9  After section 8AB

Insert:

8AC   Declaration that Act does not apply to certain ships

             (1)  The owner of a trading ship may apply to the Authority for a declaration under subsection (2) in relation to the ship.

             (2)  The Authority may, in writing, declare that, subject to any conditions specified in the declaration, this Act (other than Part VI) does not apply in relation to the ship.

             (3)  The declaration has effect despite section 2.

             (4)  The Authority must revoke the declaration on the application of the owner of the ship.

             (5)  If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act (other than Part VI), the ship is taken to be a ship referred to in subsection 2(1).

             (6)  In determining whether to make a declaration under subsection (2), the Authority must have regard to any guidelines specified under the regulations.

10  Section 284

Repeal the section, substitute:

284   Application of Part

             (1)  Section 2 does not apply to this Part.

             (2)  This Part, except where otherwise expressed, applies to all ships (including ships to which Part II does not apply), other than:

                     (a)  a trading ship proceeding on a voyage other than an overseas voyage or an inter-State voyage; or

                     (b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

                     (c)  a fishing fleet support vessel proceeding on a voyage other than an overseas voyage; or

                     (d)  an inland waterways vessel; or

                     (e)  a pleasure craft.

             (3)  A ship is taken, for the purposes of this section, to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

             (4)  A voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State is not to be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea.

11  Subsection 425(1AA)

After “Part”, insert “I,”.