Lighthouses
No. 106 of 1970
An
Act to amend the Lighthouses Act 1911–1966.
[Assented to 4 November 1970]
BE
it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of
Representatives of the Commonwealth of Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the Lighthouses Act 1970.
(2.) The Lighthouses Act 1911–1966 is in this Act
referred to as the Principal Act.
(3.) The
Principal Act, as amended by this Act, may be cited as the Lighthouses Act 1911–1970.
Commencement.
2.This Act shall come into operation on the day on which
it receives the Royal Assent.
Title.
3.The title of the Principal Act is amended by omitting
the words “and Buoys” and inserting in their stead the words “Buoys and other
Marine Navigational Aids”.
Definitions.
4. Section 3 of the Principal Act is amended—
(a)by omitting the definitions of “Collector” and “Marine Marks” and inserting
in their stead the following definitions:—
“‘Collector’
means any person who is a Collector for the purposes of the Customs Act 1901–1968 and any person who
is authorized by the Minister, in writing, to collect light dues;
“‘Marine
navigational aid’ means—
(a) a lighthouse, lightship, beacon or buoy; or
(b)any other structure, mark, device or apparatus that is an aid to marine
navigation, including a radio beacon or an electronic aid, but not including
any device or apparatus used, or for use, on a ship, not being a lightship;”;
and
(b) by adding at the end thereof the following definition:—
“‘the
International Convention for the Safety of Life at Sea’ means the International
Convention for the Safety of Life at Sea, 1960, as affected by any amendment,
other than an amendment not accepted by Australia, made under Article IX. of
the Convention.”.
Application
to Territories.
5.Section 4 of the Principal Act is amended by omitting
sub-section (1.) and inserting in its stead the following sub-section:—
“(1.)
This Act, other than sections 13 to 18 (inclusive), extends to—
(a) the Territory of Papua;
(b) the Territory of New Guinea;
(c) the Territory of Cocos (Keeling)
Islands;
(d) the Coral Sea Islands Territory; and
(e)any other Territory of the Commonwealth not forming part of the
Commonwealth to which the Governor-General by Proclamation declares that this
Act shall extend.”.
6.Section 7 of the Principal Act is repealed and the
following section inserted in its stead:—
Power
to establish or alter lighthouses, &c.
“7. The Commonwealth may—
(a)establish and maintain lighthouses, lightships, beacons or buoys and, for
the purpose of giving effect to the undertaking of the Commonwealth under
Regulation 14 of Chapter V. of the International Convention for the Safety of
Life at Sea, establish and maintain other marine navigational aids;
(b)add to, alter or remove any marine navigational aid the property of, or
under the control of, the Commonwealth; and
(c) vary the character of any marine
navigational aid the property of, or under the control of, the Commonwealth.”.
Protection
from actions.
7.Section 12 of the Principal Act is amended by omitting
the words “any lighthouse or marine mark” and inserting in their stead the
words “, or by reason of any defect in, a marine navigational aid established
or maintained by the Commonwealth”.
Injuring
lighthouses, &c.
8.Section 19 of the Principal Act is amended by
inserting in sub-section (1.), after paragraph (b), the following
paragraph:—
“(bd)wilfully or negligently do anything which interferes with the operation of,
or the use by a person of, a marine navigational aid the property of, or under
the control of, the Commonwealth so as to hinder the effective operation, or
use, of the aid;”.
Consequential
amendments of Principal Act.
9.The Principal Act is amended as set out in the
Schedule to this Act.
THE SCHEDULE Section 9.
———
Amendments
of the Principal Act
Provisions affected | Amendments |
Section 4 (2.).................. | (a)Omit “lighthouse or marine mark” (wherever
occurring), insert “marine navigational aid”.
|
(b)After “the property of” (wherever
occurring) insert “, or under the control of,”.
|
Heading immediately preceding section 5 | Omit the heading, insert “Marine Navigational Aids.”.
|
Section 5........................ | Omit “lighthouse or marine mark” (wherever occurring),
insert “marine navigational aid”.
|
Section 6........................ | Omit “lighthouse or marine mark” (wherever occurring),
insert “marine navigational aid”.
|
Section 6a (1.),
(2.), (3.), (4.) and (5.) | Omit “lighthouse or marine mark” (wherever occurring),
insert “marine navigational aid”.
|
Section 6a (7.)................ | Omit “‘lighthouse’ and ‘marine mark’”, insert “‘marine
navigational aid’”.
|
Section 8 (1.) (a)............. | (a) Omit “marine
mark”, insert “marine navigational aid”.
|
(b)Before “lamp” (second occurring)
insert “marine navigational aid,”.
|
Section 8 (1.) (b)............. | (a)Omit “lighthouse or marine mark” (wherever
occurring), insert “marine navigational aid”.
|
(b) After “the
property of” insert “, or under the control of,”.
|
Section 10....................... | Omit “marine mark” (wherever occurring), insert “marine
navigational aid”.
|
Section 11....................... | Omit “marine mark”, insert “marine navigational aid”.
|
Section 15....................... | Omit “the Collector”, insert “a Collector”. |
Section 16 (1.)................ | Omit “the Collector” (first occurring), insert “a Collector”.
|
Section 19 (1.) (a)........... | (a) Omit “lighthouse
or marine mark” (wherever occurring), insert “marine navigational aid”.
|
(b)After “the property of” insert “, or
under the control of,”.
|
(c)Omit “lighthouse or marine marks
service “, insert “establishment, maintenance or servicing of marine
navigational aids”.
|
Section 19 (1.) (b)........... | (a)Omit “or marine mark”, insert “,
lightship, beacon or buoy”.
|
(b) After “the
property of” insert “, or under the control of,”.
|
Section 19 (1.) (c)........... | (a) Omit “marine
mark “, insert “marine navigational aid”.
|
(b) After “the
property of” insert “, or under the control of,”.
|
Section 19 (1.) (d)........... | (a)Omit “lighthouse or marine mark”,
insert “marine navigational aid”.
|
(b)After “the property of” insert “, or
under the control of,”.
|
(c) Omit “lighthouse
or marine marks service”, insert “establishment, maintenance or servicing of
marine navigational aids”.
|
Section 19 (2.)................ | Omit “lighthouse or marine mark”, insert “marine
navigational aid
|
Section 19 (3.)................ | (a) Omit “lighthouse
or marine mark”, insert “marine navigational aid”.
|
(b)After “the property of” insert “, or
under the control of,”.
|
Section 19a.................... | Omit “lighthouse or marine mark” (wherever occurring),
insert “marine navigational aid”.
|
“Section 19b................... | Omit “lighthouse or marine mark”, insert “marine
navigational aid”.
|