Australian Shipping Commission Amendment Act 1977 (Cth)
AUSTRALIAN SHIPPING COMMISSION AMENDMENT ACT 1977
An
Act to amend the
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
(2)
The
(a) by omitting the definition of “approved bank” and substituting the following definition:
“‘approved bank’ means a trading bank as defined by sub-section (1) of section 5 of the
Banking Act 1959 or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs; and
(b) by omitting the definition of “Commission” and substituting the following definition:
“‘Commission’ means the Australian Shipping Commission;”.
“(1a) A person may be, at the same time, a Commissioner (other than the Chairman) and the General Manager of the Commission.”.
“(1) Subject to this section, a Commissioner shall be appointed for such period, not exceeding 5 years, as is specified in his instrument of appointment, but is eligible for re-appointment.”.
“16a. (1) It is the intention of the Parliament that, subject to sub-section (2), the Commission may have and perform, in addition to functions and powers under this Act, functions and powers conferred on it specifically by a State Act, being functions and powers relating to the provision of—
(a) shipping services for the carriage of goods between places in that State; or
(b) shipping services of the kind mentioned in paragraph (a) and services for the carriage of goods by land to the extent that such carriage is incident to the carriage of goods by sea in pursuance of shipping services of that kind.
“(2) The regulations may provide that sub-section (1) does not extend to all or any of the functions and powers expressed to be conferred on the Commission by a State Act.”.
“(6) Where the Minister gives a direction to the Commission under sub-section (1) in relation to a shipping service for the purpose of meeting the requirements of a particular area, he shall, as soon as practicable after the direction is given, cause an inquiry, in such form as he thinks appropriate, to be held into the following matters:
(a) whether those requirements could be met by the provision of a shipping or other transport service by a person or persons other than the Commission; and
(b) if those requirements could be so met—
(i) whether the Commonwealth would be required to provide financial or other assistance in connexion with the provision of the service by the other person or other persons; and
(ii) if the Commonwealth would be so required to provide assistance—the nature, and the cost to the Commonwealth, of that assistance.”.
“17a. (1) The Minister—
(a) shall, before the commencement of each financial year, determine the percentage of the capital of the Commission that would represent a reasonable return to the Commonwealth from the establishment, maintenance and operation by the Commission of coastal shipping services in that financial year, and shall give notice in writing to the Commission of the percentage so determined; and
(b) may, at any time during a financial year, by reason of a change in circumstances, by notice in writing to the Commission, amend a determination made under paragraph (a).
“(2) In making a determination under sub-section (1), the Minister shall take into account, in addition to other relevant matters—
(a) the profits, in relation to capital employed, that have been, and are expected to be, made by privately-owned shipping undertakings in Australia, being shipping undertakings that employ an amount of capital in coastal shipping services that is similar to the amount employed by the Commission in such services;
(b) all matters tending to create disparity with respect to costs between the Commission and privately-owned shipping undertakings; and
(c) the obligations of the Commission under section 17.
“(3) Subject to its obligations under section 17, the Commission shall pursue a policy directed towards making, in each financial year, profits sufficient to enable the Commission to pay to the Commonwealth, out of those profits, an amount equal to the percentage of the capital of the Commission determined under sub-section (1) in respect of that financial year.
“(4) The Commission shall prepare estimates, in such form as the Minister directs, of its receipts and expenditure for each financial year and, if so directed by the Minister, for any other period, and shall submit those estimates to the Minister not later than such date as the Minister directs.
“(5) The Commission shall, from time to time as provided in sub-section (6), review the financial results of its operations during the current financial year and if, upon any such review, the Commission finds that—
(a) the receipts and expenditure of the Commission during the preceding part of the financial year have not been as favourable to the profitable conduct of the business of the Commission as the receipts and expenditure specified in the estimates submitted to the Minister; and
(b) having regard to that fact, it appears likely that, unless special measures are taken, the Commission will not make sufficient profits in that year to enable it to pay to the Commonwealth, out of those profits, an amount equal to the percentage of the capital of the Commission determined, in respect of that year, under sub-section (1),
the Commission shall forthwith consider what specific measures can be taken for the purpose of enabling it to carry out more effectively, during the remainder of that financial year, its duty under sub-section (3) and shall inform the Minister of the measures it proposes to adopt for that purpose and the effect that it considers the adoption of those measures will have on the financial results of its operations.
“(6) A review under sub-section (5) shall be made whenever the Commission considers that circumstances so require or the Minister so directs, but so that not more than 6 months will elapse in a financial year between—
(a) the beginning of that financial year and the first review under that sub-section in that financial year; or
(b) the commencement of a review under that sub-section and the commencement of the next such review.
“(7) In this section—
‘capital of the Commission’, in relation to a determination under sub-section (1), means that part of the capital of the Commission that, in the opinion of the Minister, will be employed by the Commission in the establishment, maintenance or operation of coastal shipping services during the financial year to which that determination relates;
‘coastal shipping services’ means shipping services other than shipping services—
(a) between a place in Australia and a place in another country; or
(b) between a place in a Territory and a place in another country.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Subject to its obligations under section 17, the Commission shall, in the establishment, maintenance and operation of its overseas shipping services, pursue a policy directed towards securing revenue from those services sufficient to meet all its expenditure and provision for expenditure properly chargeable to that revenue, and to permit the payment to the Commonwealth of a reasonable return on that part of the capital of the Commission that is employed in the establishment, maintenance and operation of overseas shipping services.”; and
(b) by omitting from sub-section (2) “the last preceding sub-section” and substituting “sub-section (1) of this section and sub-section (3) of section 17a”.
“19. (1) Subject to this section and to sub-section (2) of section 18, the Commission may make charges for any service provided by the Commission at such rates as it thinks fit.
“(2) Where the Commission proposes—
(a) to fix a rate of charge for a service for which a rate of charge is not presently fixed; or
(b) to vary any of the rates of charges made by the Commission, the Commission shall give notice in writing to the Minister setting out the proposed rate of charge or the proposed variation and the basis of the proposed rate of charge or the reason for the proposed variation.
“(3) The Minister may, within 60 days after the receipt by him of a notice under sub-section (2), give notice in writing to the Commission approving or disapproving the proposed rate of charge or the proposed variation, as the case may be.
“(4) In exercising his powers under sub-section (3), the Minister shall have regard to the duties of the Commission under sub-sections (1) and (2) of section 18 and to the provisions of any agreement or arrangement referred to in sub-section (3) of that section.
“(5) The Commission shall not fix a rate of charge for a service for which a rate of charge is not presently fixed unless—
(a) the Minister has approved the rate of charge; or
(b) the Commission has given the Minister notice in writing under sub-section (2) in relation to the rate of charge and the Minister has not, within 60 days after receipt of the notice, given to the Commission a notice under sub-section (3) in relation to the rate of charge.
“(6) The Commission shall not vary a rate of charge for any service provided by the Commission unless—
(a) the Minister has approved the variation; or
(b) the Commission has given to the Minister notice in writing under sub-section (2) in relation to the variation and the Minister has not, within 60 days after receipt of the notice, given to the Commission a notice under sub-section (3) in relation to the variation.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Commission may, with the approval of the Treasurer, borrow moneys that are from time to time necessary for the performance of its functions or duties, or the exercise of its powers, under this Act.”;
(b) by omitting from sub-section (2) “he determines” and substituting “are determined by him in accordance with sub-section (3)”; and
(c) by inserting after sub-section (2) the following sub-section:
“(3) The rate of interest and the other terms and conditions of a loan referred to in sub-section (2) shall be a rate of interest that is, and other terms and conditions that are, determined by the Treasurer to be equivalent to the rate of interest and the other terms and conditions that would be applicable to a loan made by a bank or other financial institution to a privately-owned shipping undertaking in Australia, being a shipping undertaking that provides shipping services comparable with those provided by the Commission.”.
“36. (1) The Commission is subject to taxation under the laws of the Commonwealth, the States and the Territories.
“(2)
The Commission is not a public authority for the purposes of paragraph (d) of
section 23 of the
“(3)
The Commission is not a public transport authority for the purposes of item 77
in the First Schedule to the
“(4) The Minister shall cause a copy of the report and financial statements of the Commission, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.
SCHEDULE Section 21
FORMAL AMENDMENTS
The following provisions of the Principal Act are amended by omitting “Australia” (wherever occurring) and substituting “the Commonwealth”:
Sub-section 17(4), section 28, sub-sections 29(1) and (2) and 30(2) and (5), paragraph 32(1)(c) and section 47.
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