Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Shipping Registration Amendment Bill 2018

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2016-2017-2018

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

SHIPPING REGISTRATION AMENDMENT BILL 2018

 

 

 

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP)

 

 



 

SHIPPING REGISTRATION AMENDMENT BILL 2018

 

OUTLINE

 

The purpose of this Bill is to amend the Shipping Registration Act 1981 (the Act) to make minor technical changes that are necessary for the remaking of the Shipping Registration Regulations 1981 (the Regulations). The minor changes include:

 

·          removing all provisions requiring the Regulations to prescribe the form of certificates

·          removing all references to prescribed forms of certificates

·          clarifying an appropriate head of power for provisions in the Regulations where required.

 

The Bill does not change the policy intent or substance of the Act and all changes are technical in nature.

 

Financial impact statement

 

The Bill has no financial implications

 

 





Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Shipping Registration Amendment Bill 2018

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill/Legislative Instrument

The Shipping Registration Amendment Bill 2018 (the Bill) makes minor technical changes to the Shipping Registration Act 1981 (the Act). The changes include removing the requirement for registration certificates to be prescribed in the Shipping Registration Regulations 1981 (the Regulations), and clarifying the head of power for some Regulations. The Bill is required due to the sunsetting of the Regulations. A review of the Regulations identified that minor technical changes to the Act were required in order for the Regulations to be remade.

Human rights implications

The Bill does not engage any of the applicable rights or freedoms.

Conclusion

The Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

 

 

 

 

Minister for Infrastructure, Transport and Regional Development,

the Hon Michael McCormack MP

 

NOTES ON CLAUSES

 

Clause 1: Short Title

 

1.       This clause provides for the Bill, when enacted, to be cited as the Shipping Registration Amendment Act 2018 .

 

Clause 2: Commencement

 

2.       Subclause (1) provides that each provision of the Act specified in column 1 of the table commences or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

3.       Item 1 of the table provides that all provisions of the Act will commence on a single day to be fixed by proclamation, or 6 months after the day that the Act receives Royal Assent.

 

4.       Subclause (2) provides that column 3 is for additional information that is not part of the Act.

 

Clause 3: Schedule(s)

 

5.       This clause is the formal enabling provision for the Schedules to the Act, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule. In Schedule 1, the Shipping Registration Act 1981 (the Act) is being amended.

 

6.       The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.

 

SCHEDULE 1 -

 

Item 1- Subsection 3(1)

 

7.       This item inserts a definition for approved form for the purposes of each provision of the Act and the Shipping Registration Regulations 1981 (the Regulations). This item clarifies that approved forms are those that are approved in writing by the Authority. In practice this means that the Authority may specify the forms that must be used for applications for ship registration. It also permits the Authority to approve the form that shipping registration certificates will take.

 

8.       Currently, ship registration certificates are prescribed by the Regulations. Prescribing certificates of this kind in disallowable instruments no longer complies with general drafting principles and makes it difficult to alter certificates to modernise them. This item will simplify the process for modernising and changing certificates.

 



 

Item 2 - Subsection 3(6)

 

9.       This item removes the term ‘a prescribed form’ and replaces it with ‘an approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 3 - After Section 3A

 

10.   This item prescribes that the Authority may approve different forms of certificates for the purposes of the provisions of the Act. It also specifies that different forms of certificates can be approved for different types of ships.

 

11.   This item also requires that the Authority will publish each form on its website. This is to ensure that the forms are easily accessible for stakeholders who wish to apply for ship registration.   

 

Item 4 - Paragraph 19(2)(a)

 

12.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 5 - Subsection 21(2)

 

13.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 6 - Paragraph 21(7)(a)

 

14.   This item amends the paragraph so that provisional registration certificates granted by the Authority must be in the approved form. This item corrects an oversight whereby the relevant Regulation for this paragraph refers to prescribed forms but the Act does not. This item amends the Act so that provisional certificates must be in the form approved by the Authority.

 

Item 7- Subsection 22(1)

 

15.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 8 - At the end of subsection 22(6)

 

16.   This item amends the paragraph so that provisional registration certificates granted by the Authority must be in the approved form. This item corrects an oversight whereby the relevant Regulation for this paragraph refers to prescribed forms but the Act does not. This item amends the Act so that provisional certificates must be in the form approved by the Authority.

 

Item 9 - Subsection 22A(1) and (2)

 

17.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 10 - At the end of subsection 22A(6)

 

18.   This item amends the paragraph so that provisional registration certificates granted by the Authority must be in the approved form. This item corrects an oversight whereby the relevant Regulation for this paragraph refers to prescribed forms but the Act does not. This item amends the Act so that provisional certificates must be in the form approved by the Authority.

 

Item 11 - Subsection 23(2)

 

19.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 12 - Subsections 47A(1) and (4)

 

20.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 13 - Paragraph 65(1)(d)

 

21.   This item removes the term ‘prescribed form’ and replaces it with ‘approved form’. This is because forms will no longer be prescribed in the Regulations, but will be approved by the Authority.

 

Item 14 - Subsection 65(3)

 

22.   This item inserts a requirement for proper officers to provide documents relating to ship registration applications to the Registrar. Currently, when a proper officer grants a provisional registration certificate, the Act requires that they forward a copy of the certificate and a statement regarding the particulars of the grant of the certificate to the Registrar. The Regulations require proper officers to also forward any documents relating to the application to the Registrar.

 

23.   This item clarifies the head of power to ensure that proper officers who grant provisional registration certificates must forward to Registrar all the supporting documents that were produced to obtain the certificate.  

 

Item 15 - Subsection 83(2)

 

24.   This item makes a minor amendment to the subsection so that is clear that the text of subsection 83(2) is referring to the subsequent paragraphs and subparagraphs.

 

 

Item 16 - Paragraph 83(2)(a)

 

25.   This item amends the paragraph to clarify that the Regulations can specify both the form and manner in which applications under the Act are to be made. Currently, the Act states that the Regulations can only prescribe the manner in which, and the time within which, applications are to be made.

 

Item 17 - Paragraph 83(2)(b)

 

26.   This item amends the paragraph to clarify that the Regulations can make provision for statutory declarations to be furnished by applicants in connection to applications under the Act. Currently the Act does not address whether statutory declarations are among the documents and information for which the Regulations may make provision.

 

Item 18 - Paragraph 83(2)(e)

 

27.   This item amends the paragraph to clarify that the Regulations can specify both the form and manner in which documents and information are to be lodged with the Registrar. Currently, the Act states that the Regulations can only prescribe the manner in which, and the time within which, documents and information must be provided to the Registrar in relation to applications for registration.

 

Item 19 - At the end of paragraph 83(2)(e)

 

28.   This item inserts two subparagraphs to clarify that the Registrar can refuse applications that do not meet the requirements prescribed by the Regulations, and can extend timeframes for lodgement of documents.

 

Item 20 - After paragraph 83(2)(e)

 

29.   This item inserts a new paragraph to clarify that the Regulations can specify the manner in which documents must be signed before lodgement with the Registrar or a proper officer. The Regulations currently specify how documents must be signed and this item will give explicit power for them to do so.

 

Item 21 - Paragraph 83(2)(n)

 

30.   This item amends the paragraph to clarify that the Regulations can provide for the Authority to determine the ports that can be selected as home ports for registered ships. The regulations already provide for the Authority to have this power, but this amendment makes the head of power for that provision explicit.

 

Item 22 - Paragraph 83(2)(p)

 

31.   This item amends the paragraph to clarify what exemptions from ship marking requirements the Regulations can make provision for. The amendment clarifies that the Regulations can provide for the Authority to exempt ships or classes of ships wholly or in part from ship marking requirements, subject to conditions.

 

32.   In practice, this means that where it is unreasonable for the Authority to require strict compliance with ship marking requirements, such as with heritage ships or ships that, due to their shape and size, are unable to comply, the Authority can provide whole or partial exemptions. This may include requiring the ships to be marked, but in a different place, or in fonts of a different size or type.

 

Item 23 - Paragraph 83(2)(w)

 

33.   This item removes the word “and” as it is not required for this paragraph. The meaning of the paragraph and subregulation are not changed by the removal of ‘and’.