Navigation Amendment Act 1979 (Cth)
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:
PART I—PRELIMINARY
(2) The
(2) Section 63, sub-sections 81(2) and 83(2) and section 99 of this
Act shall be deemed to have come into operation immediately after the
commencement of sections 5, 6, 7 and 9 of the
(3) Sections 57, 58, 61 and 64 of this Act shall be deemed to have
come into operation on the day on which the
(4) Sub-sections 32(2), 38(1) and 49(2) and sections 50 and 94 shall come into operation on a date to be fixed by Proclamation for the purposes of this sub-section, being a date not earlier than the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972, enters into force for Australia.
(5) Section 16, sub-sections 65(1) and (2), section 96 and sub-sections 104(3), (4) and (5) shall come into operation on a date to be fixed by Proclamation for the purposes of this sub-section, being a date not earlier than 6 months after the ratification by Australia of the Convention referred to in section 104.
(6) Section 31, sub-section 32(3), sections 33, 34, 35, 37, 39, 40, 41, 42, 44, 46 and 47, sub-section 51(2) and sections 93 and 110 shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation for the purposes of this sub-section, being a date or dates, as the case may be, not earlier than the date on which the International Convention for the Safety of Life at Sea, 1974, enters into force for Australia.
(7) Sub-sections 32(4) and 38(2) and sections 48 and 95 shall come into operation on such date as is fixed by Proclamation for the purposes of this sub-section, being a date not earlier than the date on which the International Convention for Safe Containers enters into force for Australia.
(8) Section 80, sub-sections 81(1), 82(1) and 83(1) and sections 84, 97 and 111 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the International Convention on Tonnage Measurement of Ships, 1969, enters into force for Australia.
(9) Sub-section 73(1) of this Act shall come into operation on the
day on which the
(10) The remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.
PART II—AMENDMENTS OF PRINCIPAL ACT
(a) by omitting from the definition of “equipment” in sub-section (1) “apparatus for preventing or extinguishing fires” and substituting “fire prevention, detecting and extinguishing appliances, inert gas systems, echo-sounding devices, mechanical pilot hoists”;
(b) by omitting from sub-section (1) the definition of “Government ship” and substituting the following definition:
“‘Government ship’ means a ship—
(a) that belongs to the Commonwealth or a State or Territory;
(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or
(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory,
and includes a ship that belongs to an arm of the Defence Force, but does not include a ship that belongs to the Australian Shipping Commission;”;
(c) by omitting from sub-section (1) the definition of “the Merchant Shipping Act” and substituting the following definition:
“‘the Merchant Shipping Act’ means the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Act as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth;”;
(d) by adding at the end of the definition of “this Act” in sub-section (1) “and, except to the extent that the regulations provide otherwise, includes orders made under this Act or in pursuance of the regulations”; and
(e) by adding at the end thereof the following sub-section:
“(4) Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship or vessel shall, in the case of a ship or vessel that is operated by a person other than the owner, be read as including a reference to the operator.”.
(2) Section 6 of the Principal Act is amended by omitting from sub-section (1) the definition of “superintendent” and substituting the following definition:
“‘superintendent’—
(a) in relation to a port in respect of which a notice under section 13a is in force—means a person who is the superintendent, or a deputy superintendent, at the port by virtue of the notice; and
(b) in relation to any other port, being a port at which there is a Collector—means that Collector;”.
(3) Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes—
(a) a colony, overseas territory or protectorate of a country so prescribed; and
(b) a territory for the international relations of which a country so prescribed is responsible.”.
(4) Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.”.
“8. (1) In this section—
‘inter-State voyage’ means a voyage (other than an overseas voyage) in the course of which the vessel concerned travels between—
(a) a port in a State and a port in another State;
(b) a port in a State and a Port in a Territory; or
(c) a port in a Territory and a port in another Territory,
whether or not the vessel travels between two or more ports in any one State or Territory in the course of the voyage;
‘overseas voyage’ means a voyage in the course of which the vessel concerned travels between—
(a) a port in Australia and a port outside Australia;
(b) a port in Australia and a place in the waters above the continental shelf of a country other than Australia;
(c) a port outside Australia and a place in the waters above the continental shelf of Australia;
(d) a place in the waters above the continental shelf of Australia and a place in the waters above the continental shelf of a country other than Australia; or
(e) ports outside Australia,
whether or not the vessel travels between two or more ports in Australia in the course of the voyage.
“(2) A reference in section 187, 191 or 332 to an intra-State vessel shall be read as a reference to a vessel that is proceeding on a voyage other than an overseas voyage or an inter-State voyage.
“(3) A vessel shall, for the purposes of this section, be deemed 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.”.
7. Section 13a of the Principal Act is repealed and the following section is substituted:
“13a. The Minister may, by notice in the
“
“14. (1) Subject to this section, the Minister may, having regard to such principles as are prescribed for the purposes of this sub-section, by order, require a ship, or each ship included in a class of ships to carry a qualified master of a specified designation and to carry not less than—
(a) a specified number of qualified officers of specified designations; and
(b) a specified number of qualified seamen of specified designations.
“(2) Until such date as is fixed by Proclamation for the purposes of this sub-section, the Minister shall not make an order under sub-section (1) of this section unless he has obtained a report on the proposed order from a committee of advice appointed under section 424.
“(3) On and after the date fixed for the purposes of sub-section (2), the Minister shall not exercise his powers under sub-section (1) except to the extent that it appears to him necessary or expedient in the interests of safety or the protection of the marine environment.
“(4) An order under sub-section (1) may require a ship, or each ship included in a class of ships, to carry a master of a different designation and to carry different crews—
(a) for different voyages;
(b) for the carriage of different cargoes;
(c) for the performance (whether in port or at sea) of different operations done by, or in relation to, the ship; and
(d) according to whether the ship is in port or at sea.
“(5) Nothing in this section shall be construed as preventing more than one order under sub-section (1) from applying in relation to a ship.
“(6) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of an order under sub-section (1).
“(7) An exemption under sub-section (6)—
(a) is subject to such conditions (if any) as are specified in the exemption; and
(b) may be confined to a particular period or to one or more particular voyages or operations.
“(8) If an order under sub-section (1) is contravened or not complied with in relation to a ship, or a condition that is applicable to a ship by virtue of an exemption under sub-section (6) is contravened or not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.
“(9) Where a ship does not carry a master of such designation, and such officers and seamen, as it is required to carry by virtue of an order under sub-section (1) or the conditions of an exemption under sub-section (6)—
(a) the Minister may cause the ship to be detained for the purpose of preventing it from going to sea; or
(b) the Minister may, by notice in writing addressed to the master or owner of the ship and served in accordance with the regulations, require that a specified operation by, or in relation to, the ship shall not commence or shall cease within a time specified in the notice, as the case may be.
“(10) Nothing in this section shall be construed as preventing the service under paragraph (9) (b) of more than one notice in respect of a ship.
“(11) If a notice under paragraph (9)(b) is contravened or not complied with in relation to a ship, the master and owner of the ship are each guilty of a further offence punishable upon conviction by a fine not exceeding $5,000.
“(12) Section 426 applies to orders made under sub-section (1) of this section.
“(13) In the preceding provisions of this section, a reference to a ship—
(a) shall be read as a reference to—
(i) a ship registered in Australia;
(ii) a ship (other than a ship registered in Australia) engaged in the coasting trade; or
(iii) a ship (other than a ship registered in Australia or engaged in the coasting trade) licensed under section 288 to engage in the coasting trade and operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely—
(A) a person who is a resident of, or has his principal place of business in, Australia;
(B) a firm that has its principal place of business in Australia; or
(C) a company that is incorporated, or has its principal place of business, in Australia; and
(b) shall be read as including a reference to a ship that is intended to be constructed or is in the course of construction and in either case is intended to become a ship of a kind referred to in sub-paragraph (a)(i), (ii) or (iii).”.
(2) If this section comes into operation before the commencement of sub-section 10 (1), section 14 of the Principal Act as amended by sub-section (1) of this section has effect until the commencement of sub-section 10(1) as if—
(a) the reference in sub-section (1) to a qualified master were a reference to a duly certificated master;
(b) the reference in that sub-section to qualified officers were a reference to duly certificated officers; and
(c) the reference in that sub-section to qualified seamen were a reference to appropriately rated seamen.
“
“15. (1) The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.
“(2) Without limiting the generality of sub-section (1), the conditions specified in regulations made for the purposes of that sub-section may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that sub-section may make provision for and in relation to—
(a) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced, and, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;
(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;
(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;
(d) the instruction, training and examination of masters, officers and seamen, including the gaining of sea service and other experience, and the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;
(e) the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of masters, officers and seamen under the laws of a State or Territory or of a country other than Australia;
(f) the reconsideration of decisions made under regulations made for the purposes of sub-section (1) or under orders made in pursuance of regulations made by virtue of paragraph (h) of this sub-section;
(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement in relation to which provision is made by the regulations made for the purposes of sub-section (1); and
(h) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(3) In sub-section (2), ‘decision’ has the same meaning as in the
“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of paragraph (2)(h) of this section.
“16. A person shall not—
(a) serve on a ship, or enter into an agreement to serve on a ship, as a qualified master, officer or seaman of a particular designation if he is not a qualified master, officer or seaman of that designation;
(b) falsely represent himself to be a qualified master, officer or seaman of any designation; or
(c) take into employment as a qualified master, officer or seaman of a particular designation a person who is not a qualified master, officer or seaman of that designation.
Penalty: $1,000.
“17. A person who is serving on a ship, or is entering or has entered into an agreement to serve on a ship, as a qualified master, officer or seaman of any designation shall not, without reasonable excuse, fail to produce on demand his certificates to a proper authority.
Penalty: $500.
“18. A proper authority at a port may refuse to permit a person to enter into an agreement to serve on a ship as a master, officer or seaman of a particular designation if the proper authority is not satisfied that the person is a qualified master, officer or seaman of that designation.
“19. (1) The provisions of this Division apply to—
(a) ships registered in Australia;
(b) ships (other than ships registered in Australia) engaged in the coasting trade; and
(c) ships (other than ships registered in Australia or engaged in the coasting trade) licensed under section 288 to engage in the coasting trade and operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely—
(i) a person who is a resident of, or has his principal place of business in, Australia;
(ii) a firm that has its principal place of business in Australia; and
(iii) a company that is incorporated, or has its principal place of business, in Australia,
and to their owners, masters and crews.
“(2) A reference in this Division to a ship shall be read as a reference to a ship to which this Division applies.”.
(2) If section 5 comes into operation before the commencement of sub-section (1) of this section, sections 17 and 18a of the Principal Act as amended by this Act have effect after the commencement of section 5 and until the commencement of sub-section (1) of this section as if “or a citizen of Ireland” were inserted after “British subject” (wherever occurring).
(2) If sub-section 4 (3) comes into operation before the commencement of sub-section (1) of this section, section 39 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4 (3) and until the commencement of sub-section (1) of this section as if the reference in paragraph (c) to a Commonwealth country other than Australia were a reference to a prescribed country.
“
“48a. (1) Except as provided by the regulations, a person shall not engage another person for service at sea in any capacity unless that other person has attained the age prescribed in respect of that capacity.
“(2) A proper authority at a port may refuse to permit a seaman to enter into an agreement to serve on a ship if he is not satisfied that the seaman has attained the age prescribed in respect of the capacity in which he is to be engaged or is otherwise entitled to serve at sea in that capacity.
“48b. A proper authority at a port may refuse to permit a seaman to enter into an agreement to serve on a ship if the seaman fails to produce a discharge from his last ship to the proper authority.”.
“59b. (1) The owner of a ship is not entitled to limit his liability in respect of a claim that is made by the master or any other member of the crew of the ship, or by a servant of the owner on board the ship or by a servant of the owner whose duties are connected with the ship, where the claim arises from an occurrence of a kind specified in sub-paragraph (1)(a) or (b) of Article 1 of the International Convention relating to the limitation of the liability of owners of sea-going ships referred to in sub-section 330(1).
“(2) The reference in sub-section (1) to the master or any other member of the crew of a ship, or a servant of the owner of a ship on board the ship or a servant of the owner of a ship whose duties are connected with the ship, shall be read as including a reference to the heirs, personal representatives and dependants of the master or other member of the crew, or servant of the owner, as the case may be.”.
“(3) It is a defence to a prosecution for an offence against sub-section (1) if the master of the ship concerned proves that a certificate of clearance could not have been obtained without unreasonable delay to the ship.”.
(a) by omitting from paragraph (a) “, if the ship is not registered in Australia or engaged in the coasting trade,”; and
(b) by inserting in paragraph (a) “by instrument in writing” after “Minister”.
“66. On the discharge of a seaman from a ship, the master of the ship shall return to the seaman any of the certificates of the seaman in the possession, custody or control of the master.”.
“(a) an allotment note in the prescribed form, or in a form approved by the Minister by instrument in writing, is signed by the master and the seaman; and”.
“75. (1) Where a seaman is discharged at a port in Australia, or at a port outside Australia from a ship registered in Australia, then—
(a) subject to section 79, the seaman shall, before or at the time he is given his discharge, be paid the amount of wages due to him up to the time of his discharge, less any deductions specified in the account required to be delivered to him under sub-section 76(1) and any other deductions approved by the proper authority at the port; and
(b) if the seaman requests the master of the ship that he be paid in the presence of the proper authority—the seaman shall be paid in the presence of the proper authority or, if that is not practicable, through the proper authority.
“(2) If a seaman is not paid the amount of his wages in accordance with sub-section (1), the master of the ship from which he is discharged, and the owner of the ship, are each guilty of an offence.
“(3) It is a defence to a prosecution for an offence against sub-section (2) if the person charged proves that the failure to pay to the seaman the amount of his wages in accordance with sub-section (1) was due to the seaman’s act or default, to a reasonable dispute as to liability for those wages or to any other cause not attributable to the wrongful act or default of the person charged or of any person acting on his behalf.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The master of a ship (whether British or foreign) who discharges a seaman at a port in Australia, and the master of a ship registered in Australia who discharges a seaman at any port, shall deliver to the seaman, either directly or through a proper authority, at the prescribed time and in the prescribed form or in a form approved by the Minister by instrument in writing, a full and true account of the wages of the seaman and of the deductions made or to be made for any reason from those wages.”;
(b) by omitting from sub-section (3) “The master” and substituting “Subject to sub-section (5), the master”; and
(c) by adding at the end thereof the following sub-section:
“(5) The Minister may, by instrument in writing, direct that, subject to such conditions (if any) as are specified in the direction, sub-section (3) does not apply in relation to the master of a specified ship or the master of a ship included in a specified class of ships.”.
(a) by omitting paragraph (a) and substituting the following paragraph:
“(a) Where the settlement of a seaman’s wages is completed before a proper authority, the master or owner, and the seaman, shall, in the presence of the proper authority, sign, in the prescribed form or in a form approved by the Minister by instrument in writing, a mutual release of all claims in respect of the past engagement, other than any claim by the seaman against the master or owner that, by a note entered upon the release, is excepted from the release.”; and
(b) by omitting from paragraph (d) “discharge and settlement are” and substituting “settlement is”.
(a) by omitting sub-sections (1) and (2); and
(b) by omitting from sub-section (3) “the seaman” (first occurring) and substituting “a seaman”.
(2) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, section 121 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the reference in paragraph (c) to a Commonwealth country other than Australia were a reference to a prescribed country.
(a) by omitting paragraph (k) of sub-section (1) and substituting the following paragraph:
“(k) the modification of a provision of the regulations in its application to a ship, or the exemption of a ship from the application of a provision of the regulations, where the keel of the ship was laid before the date of commencement of the provision or the ship had reached, before that date, a stage of construction specified in the regulations for the purposes of this paragraph.”; and
(b) by omitting sub-section (2).
(a) by inserting after sub-section (4c) the following sub-sections:
“(4d) The Chairman and other members of the Committee, and the deputies of the Chairman and other members of the Committee, shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(4e) The Chairman and other members of the Committee, and the deputies of the Chairman and other members of the Committee, shall be paid such allowances as are prescribed.
“(4f) Sub-sections (4d) and (4e) have effect subject to the
Remuneration Tribunals Act 1973.”;(b) by adding at the end of paragraph (b) of sub-section (8) “and”;
(c) by omitting from paragraph (c) of sub-section (8) “and” (last occurring); and
(d) by omitting paragraph (d) of sub-section (8).
(a) by omitting from sub-section (1) “Five hundred dollars” (wherever occurring) and substituting “$2,000”;
(b) by omitting from paragraph (c) of sub-section (1) “a foreign country between which and the United Kingdom an agreement exists respecting the disposal of the property of deceased seaman of the respective nationalities of that country and the United Kingdom” and substituting “a country between which and Australia an international agreement exists relating to the disposal of the property of deceased seaman or apprentices who are nationals of that country”; and
(c) by adding at the end thereof the following sub-section:
“(3) Moneys to which sub-section (1) applies that, in the opinion of the Minister, cannot for the time being be dealt with as that sub-section requires, may be invested by the Minister as prescribed.”.
“(2) Section 2 does not have effect in relation to a provision of this Part that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).
“(3) Provisions of this Act giving effect to the Safety Convention do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Safety Convention in relation to that vessel.”.
(a) by omitting from sub-section (1) the definition of “the Load Line Convention” and substituting the following definition:
“‘the Load Line Convention’ means the International Convention on Load Lines, 1966, as corrected by the Procès-Verbal of Rectification dated 30 January 1969 and the Procès-Verbal of Rectification dated 5 May 1969 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, other than the chart attached to Annex II, is set forth in Schedule 4), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 29 of the Convention;”; and
(b) by omitting sub-section (2).
(2) Section 187a of the Principal Act is amended by inserting after the definition of “the Load Line Convention” in sub-section (1) the following definition:
“‘the Prevention of Collisions Convention’ means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (a copy of the English text of the articles of which is set forth in Schedule 3), together with the International Regulations for Preventing Collisions at Sea, 1972, constituted by the rules and other annexes attached to that Convention, as corrected by the Procès-Verbal of Rectification dated 1 December 1973 (a copy of the English text of which rules and other annexes, as so corrected, is also set forth in Schedule 3), as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention;”.
(3) Section 187a of the Principal Act is amended—
(a) by omitting “or territory” from the definition of “country to which the Safety Convention applies” in sub-section (1);
(b) by omitting from the definition of “Safety Convention ship” in sub-section (1) “registered in” and substituting “entitled to fly the flag of”;
(c) by omitting from sub-section (1) the definition of “the Safety Convention” and substituting the following definitions:
“‘the Protocol of 1978 relating to the Safety Convention’ means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 2), as affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of the International Convention for the Safety of Life at Sea, 1974, as incorporated in that Protocol by Article II of that Protocol;
“‘the Safety Convention’ means the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 1), as affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention and, after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for Australia, as also affected by that Protocol;”;
(d) by omitting sub-section (3) and substituting the following sub-sections:
“(2) For the purposes of determining for the purposes of this Part whether a voyage is an international voyage, account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.
“(3) For the purposes of determining for the purposes of Division 5 whether a voyage is an international voyage, a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.”; and
(e) by adding at the end thereof the following sub-section:
“(5) For the purposes of this Part, an unregistered ship entitled to fly the flag of a country shall be deemed to be registered in that country.”.
(4) Section 187a of the Principal Act is amended by inserting before the definition of “the Load Line Convention” in sub-section (1) the following definition:
“‘the Container Convention’ means the International Convention for Safe Containers as corrected by the Procès-Verbal of Rectification dated 25 June 1976 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, is set forth in Schedule 5), as affected by—
(a) any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and
(b) any amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention.”.
“187d. The Minister
may, by writing under his hand, certify that the amendments, other than
amendments not accepted by Australia, by which the Load Line Convention was
affected as at such date as is specified in the certificate are set out in, or
annexed to, the certificate, and such a certificate is, for all purposes,
“187e. The Minister
may, by writing under his hand, certify that the amendments, other than
amendments objected to by Australia, by which the Safety Convention, or the
Protocol of 1978 relating to the Safety Convention, was affected as at such
date as is specified in the certificate are set out in, or annexed to, the
certificate, and such a certificate is, for all purposes,
“(2) The Minister may, in relation to a Safety Convention ship that is registered in Australia, exercise the right conferred on the Government of the Commonwealth by paragraph (b) of Regulation 4 of Chapter I contained in the Annex to the Safety Convention to exempt the ship from a provision of Chapter II-1, II-2, III or IV of the Regulations contained in that Annex, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Act that gives effect to that provision.
“(3) An exemption under sub-section (2) is subject to such safety requirements (if any) as are specified in the exemption.
“(4) If a safety requirement that is applicable to a ship by virtue of an exemption under sub-section (3) is contravened or not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.”.
“(3) Section 2 does not have effect in relation to a regulation, or an order made in pursuance of the regulations, that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).
“(4) Regulations and orders giving effect to the Convention do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Convention in relation to that vessel.”.
38. (1) Section 191a of the Principal Act is amended by omitting from sub-sections (1) and (2) “or” (second occurring) and substituting “, the Prevention of Collisions Convention or the”.
(2) Section 191a of the Principal Act is amended by inserting in sub-section (1) “the Container Convention,” before “the Safety Convention”.
39. Section 195 of the Principal Act is amended by inserting after sub-section (1) the following sub-sections:
“(1a) Where a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued is not in an Australian port at the time when the certificate expires or is about to expire, the Minister may, if it appears proper and reasonable for him so to do, extend the certificate for a period not exceeding 5 months from the date of expiration of the certificate, for the purpose of allowing the ship to proceed to a port specified by the Minister to be surveyed.
“(1b) An extension of a certificate under sub-section (1a) is of no further effect upon the arrival of the ship at the port so specified.”.
“195a. A certificate of survey, a passenger certificate or a certificate of equipment ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.”.
(a) by inserting in sub-section (1) “, other than a cargo ship safety construction certificate,” after “a certificate”; and
(b) by omitting from sub-section (3) “has not been” and substituting “is not a cargo ship safety construction certificate or a certificate which has been”.
“206pa. A certificate issued under this Division ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.”.
“(2) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of sub-section (1).
“(3) The Minister shall not exercise his powers under sub-section (2) unless he is satisfied, having regard to any certificate in force in respect of the ship or each ship included in the class of ships, that he can do so without danger to the ship or each ship, as the case may be, or to the passengers and crew.
“(4) An exemption under sub-section (2)—
(a) is subject to such conditions (if any) as are specified in the exemption; and
(b) may be confined to a particular period or to one or more particular voyages.
“(5) If a condition that is applicable to a ship by virtue of an exemption under sub-section (4) is contravened or not complied with, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.”.
(a) by omitting from sub-section (1) “deadweight tonnage” (first occurring) and substituting “deadweight tonneage”;
(b) by omitting from sub-section (1) “each inch or part of an inch” and substituting “each 25 millimetres or part thereof”;
(c) by omitting the table at the foot of sub-section (1) and substituting the following table:
Amount | |
$ | |
1—Gross registered tonnage (passenger ships) | |
Not exceeding 1,000 tons..................................................................................... | 500 |
Exceeding 1,000 tons but not exceeding 5,000 tons............................................. | 1,000 |
Exceeding 5,000 tons but not exceeding 10,000 tons........................................... | 2,000 |
Exceeding 10,000 tons but not exceeding 20,000 tons......................................... | 4,000 |
Exceeding 20,000 tons but not exceeding 40,000 tons......................................... | 6,000 |
Exceeding 40,000 tons.......................................................................................... | 8,000 |
2—Deadweight tonneage (cargo ships) | |
Not exceeding 1,000 tonnes.................................................................................. | 500 |
Exceeding 1,000 tonnes but not exceeding 5,000 tonnes..................................... | 1,000 |
Exceeding 5,000 tonnes but not exceeding 10,000 tonnes................................... | 2,000 |
Exceeding 10,000 tonnes but not exceeding 20,000 tonnes................................. | 4,000 |
Exceeding 20,000 tonnes but not exceeding 40,000 tonnes................................. | 6,000 |
Exceeding 40,000 tonnes...................................................................................... | 8,000 |
(d). by omitting from sub-section (2) “deadweight tonnage” (wherever occurring) and substituting “deadweight tonneage”; and
(e) by inserting in sub-section (2) “or tonnes, as the case requires,” after “tons” (wherever occurring).
“
“236. The master of a ship—
(a) shall ensure that checks and tests of the machinery and equipment of the ship are conducted as required by the regulations; and
(b) shall, in accordance with the regulations, make, or cause to be made, in the official log-book of the ship entries relating to the conducting of such checks and tests and any failure to conduct such a check or test.
Penalty: $500.”.
“
“237. In this Division, ‘container’ has the same meaning as in the Container Convention.
“238. (1) The Minister may, by notice published in the
(a) that a country specified in the notice has ratified, accepted, approved or acceded to the Container Convention or has ratified, accepted, approved or acceded to the Convention subject to reservations specified in the notice, as the case may be, and that the Convention has, or will, come into force or has, or will, come into force subject to those reservations, as the case may be, in respect of that country on a date specified in the notice; or
(b) that a country specified in the notice has denounced the Container Convention and that that denunciation has taken, or will take, effect on a date specified in the notice.
“(2) A notice under sub-section (1) is, for all purposes,
“239. The Minister may, by writing under his hand, certify that the
amendments (other than amendments not accepted by Australia) by which the
Container Convention was affected, and the amendments (other than amendments
objected to by Australia) by which the annexes to that Convention were
affected, as at such date as is specified in the certificate are set out in, or
annexed to, the certificate, and such a certificate is, for all purposes,
“240. (1) The regulations may make provision for and in relation to giving effect to the Container Convention.
“(2) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(3) Regulations giving effect to the Container Convention do not apply in relation to a container in a State or in the Northern Territory to the extent that a law of that State or Territory, as the case may be, makes provision giving effect to that Convention in relation to that container.
“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.
“241. (1) Nothing in a law of the Commonwealth in force at the commencement of this Division shall, after that commencement, be taken as imposing or authorizing the imposition of structural safety requirements or tests on containers to which the Container Convention applies that are not required or permitted by that Convention to be imposed on such containers.
“(2) Structural safety requirements or tests that are not required or permitted by the Container Convention to be imposed on containers to which that Convention applies shall not be imposed by or under a law of a State or Territory on such containers.
“(3) Nothing in sub-section (1) or (2) shall be taken to preclude the application in relation to containers to which the Container Convention applies of a law of the Commonwealth or of a State or Territory that prescribes additional structural safety requirements or tests of a kind referred to in paragraph 2 of Article V of that Convention.”.
(2) Section 258 of the Principal Act is amended—
(a) by omitting from sub-section (1) “ships” and substituting “vessels”;
(b) by inserting after sub-section (1) the following sub-sections:
“(1a) Without limiting the generality of sub-section (1), the regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention, and section 2 does not have effect in relation to regulations, and orders made in pursuance of the regulations, that give effect to that Convention.
“(1b) Regulations and orders giving effect to the Prevention of Collisions Convention do not apply in relation to a vessel that is in the area constituted by—
(a) the territorial sea of Australia;
(b) the sea on the landward side of the territorial sea of Australia; and
(c) waters other than waters of the sea,
to the extent that a law of a State or of the Northern Territory makes provision giving effect to that Convention in relation to that vessel while it is in that area.”;
(c) by omitting from sub-section (2) “sub-section (1)” and substituting “this section”;
(d) by omitting from sub-section (2) “$200” and substituting “$2,000”; and
(e) by omitting from sub-sections (3), (4) and (5) “sub-section (1)” and substituting “this section”.
“258aa. The Minister
may, by writing under his hand, certify that the amendments, other than
amendments objected to by Australia, by which the Prevention of Collisions
Convention was affected as at such date as is specified in the certificate are
set out in, or annexed to, the certificate, and such a certificate is, for all
purposes,
(a) by omitting “the limits of Australia or the territorial waters of Australia” and substituting “Australia”; and
(b) by inserting “or another port in Australia” after “that port”.
(2) Section 268 of the Principal Act is amended—
(a) by omitting paragraph (b) and substituting the following paragraph:
“(b) has sustained an accident or has otherwise received damage, or a defect in the ship or its boilers, machinery or equipment has been discovered, and the accident, damage or defect has affected, or is likely to affect—
(i) the seaworthiness or safety of the ship;
(ii) the efficient operation or the safety of the boilers, machinery or fixed equipment of the ship; or
(iii) the efficiency or completeness of the life-saving appliances or other safety equipment of the ship;”; and
(b) by adding at the end thereof the following sub-section:
“(2) In this section—
‘fixed equipment’ means equipment included in a class of equipment specified in the regulations as fixed equipment for the purposes of this section;
‘safety equipment’ means equipment included in a class of equipment specified in the regulations as safety equipment for the purposes of this section.”.
“
“269b. In this Division, unless the contrary intention appears—
‘Australia’ includes an external Territory within the prescribed area;
‘foreign ship’ means a ship that is registered in a country other than Australia, but does not include a ship that—
(a) is engaged in the coasting trade or in trade between Australia and an external Territory or between external Territories; or
(b) is demised under a charterparty to a charterer whose residence or principal place of business is in Australia;
‘port of call’, in relation to a ship, includes its port of destination and, in the case of a ship on a round trip, its port of departure;
‘prescribed area’ means the area of sea prescribed under paragraph 269e (a);
‘prescribed officer’ means—
(a) the person occupying, or performing the duties of, the office prescribed for the purposes of paragraph 269e (b); and
(b) a person holding an appointment under sub-section 269m (1);
‘sailing plan’ means a sailing plan furnished under section 269f, and includes that sailing plan as varied at any time by a position report under section 269h;
‘time of day’ means a time of day expressed by reference to Greenwich Mean Time.
“269c. The objects of this Division include the making of provision to enable the Government of the Commonwealth to carry out the duty imposed on it as a Contracting Government under the Safety Convention to ensure that any necessary arrangements are made for coast watching and for the rescue of persons in distress at sea around the coast of Australia.
“269d. This Division extends to an external Territory in the prescribed area.
“269e. For the purposes of this Division—
(a) the regulations may prescribe an area of sea (including the territorial sea) around Australia as the prescribed area; and
(b) the regulations may prescribe an office in the Department that deals with matters arising under this Act as the prescribed office.
“269f. (1) Subject to this section, the master of a ship shall not take the ship to sea from a port in Australia (in this section referred to as ‘the port of departure’) unless he has, not earlier than 24 hours before the departure of the ship, furnished, in the prescribed manner, to a prescribed officer a sailing plan specifying the next port of call of the ship and containing such other information as is prescribed of the proposed movement of the ship from the port of departure until—
(a) if that port of call is a port in Australia—it arrives at that port of call; or
(b) if that port of call is a port outside Australia—it leaves the prescribed area.
“(2) Subject to sub-section (3), where a ship referred to in sub-section (1) is, after leaving the port of departure, to be at sea for a period of not less than 24 hours without calling at a port of call, the sailing plan with respect to the ship shall nominate a time of day for the furnishing by the master of a position report, or position reports, under sub-section 269h (1).
“(3) Sub-section (2) does not apply in relation to a foreign ship the next port of call of which is a port outside Australia if the master of the ship, when furnishing the sailing plan, gives a notification, in the prescribed manner, to a prescribed officer that he does not intend to furnish position reports.
“(4) In sub-section (3), ‘Australia’ does not include an external Territory.
“(5) A master of a ship who takes the ship to sea from a port in Australia without having furnished a sailing plan in accordance with sub-section (1) may, within 2 hours after so taking the ship to sea, furnish, in the prescribed manner, to a prescribed officer a sailing plan containing the information required by sub-section (1) and, where applicable, sub-section (2) and, if he does so, the taking of the ship to sea shall be deemed not to have been a contravention of sub-section (1).
“269g. (1) Where the master of a ship at a port has furnished a sailing plan with respect to the proposed movement of the ship after leaving the port, the master may, at any time before he takes the ship to sea from the port, notify a prescribed officer, in the prescribed manner, of the cancellation of the plan.
“(2) Where the master of a ship at a port—
(a) takes the ship to sea at a time that is earlier, by more than 2 hours, than the time of departure specified in a sailing plan with respect to the ship; and
(b) does not, before so taking the ship to sea, notify the cancellation of the sailing plan under this section,
the sailing plan shall, for the purposes of this Division, be deemed not to have been furnished.
“(3) Where—
(a) a ship in respect of which a sailing plan has been furnished has not left the port of departure to which the sailing plan refers at the expiration of 2 hours after the time of departure specified in the sailing plan; and
(b) the master of the ship has not notified the cancellation of the sailing plan under sub-section (1),
the master shall forthwith give such a notification.
“(4) Where the master of a ship at a port notifies the cancellation of a sailing plan under this section, the plan shall, for the purposes of this Division, be deemed not to have been furnished.
“269h. (1) The master of a ship in respect of which there is a sailing plan nominating a time of day for the furnishing of position reports under this sub-section shall, on each day while the ship is at sea, furnish a position report with respect to the position, course and speed of the ship at the time of day so nominated.
“(2) Where a ship referred to in sub-section (1) is, at any time, in a position that is so distant from the position in which it would be predicted to be from information in the sailing plan that more than 2 hours would be required for the ship to cover the distance from the one position to the other, the master of the ship shall furnish a position report with respect to the position, course and speed of the ship at that time.
“(3) A position report under this section shall be furnished—
(a) in the prescribed manner;
(b) to a prescribed officer; and
(c) not earlier than 2 hours before, and not later than, the time to which the report relates.
“(4) Where a position report under this section is furnished before the time to which it relates, the position, course and speed of the ship stated in the report shall be the predicted position, course and speed at that time.
“(5) The regulations may provide that a position report is to include such further information as is prescribed.
“(6) This section does not apply in relation to a foreign ship the next port of call of which is a port outside Australia but, if the sailing plan nominates a time of day for the furnishing of position reports, the master of the ship may, if he so wishes, furnish position reports in accordance with this section.
“(7) In sub-section (6), ‘Australia’ does not include an external Territory.
“269j. (1) Subject to this section, the master of a ship that arrives at a port in Australia shall, within 2 hours after that arrival, furnish, in the prescribed manner, to a prescribed officer a report that the ship has so arrived.
“(2) Sub-section (1) does not apply in relation to the arrival of a ship at a port if, not earlier than 2 hours before the estimated time of arrival of the ship at that port, the master of the ship furnished, in the prescribed manner, to a prescribed officer a report that the ship was so to arrive.
“(3) Subject to this section, where—
(a) the master of a ship has furnished a sailing plan that nominates a time of day for the furnishing of position reports;
(b) the next port of call specified in the sailing plan is a port outside Australia; and
(c) the ship leaves the prescribed area in the course of its voyage to that port,
the master of the ship shall, on or before the next occurrence of the time of day referred to in paragraph (a) after leaving the prescribed area, furnish, in the prescribed manner, to a prescribed officer a report that the ship has left the prescribed area.
“(4) Sub-section (3) does not apply in relation to a foreign ship but the master of such a ship may, if he so wishes, furnish a report in accordance with that sub-section.
“(5) A report under sub-section (3) shall specify the position, course and speed of the ship at the time of departure from the prescribed area.
“(6) The regulations may provide that a report under this section is to include such further information as is prescribed.
“269k. (1) Where a ship enters the prescribed area from a port outside Australia, this Division applies in relation to that ship as if the entry into the prescribed area were the departure from a port in Australia.
“(2) A sailing plan furnished by virtue of this section shall, in addition to the information required by section 269f, specify the position, course and speed, or the predicted position, course and speed, of the ship at the time of entry into the prescribed area.
“(3) Sub-section (1) does not apply in relation to a foreign ship, but the master of a foreign ship that enters the prescribed area from a port outside Australia may, if he so wishes, furnish the sailing plan that he would be required to furnish if the ship were not a foreign ship and, upon his so doing, sub-section (1) shall be taken to have applied, and to apply, in relation to the ship in respect of that entry into the prescribed area.
“269l. (1) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from all or any of the provisions of this Division.
“(2) An exemption under sub-section (1)—
(a) is subject to such conditions (if any) as are specified in the exemption; and
(b) may be confined to a particular period or to one or more particular voyages.
“269m. (1) The Minister may, by instrument in writing, appoint persons to receive, on behalf of the person occupying, or performing the duties of, the office prescribed for the purposes of paragraph 269e (b), sailing plans, notifications and reports under this Division.
“(2) An appointment under sub-section (1) may specify the person to whom the appointment relates by reference to the office or position that the person holds or the functions or duties that the person performs.
“269n. (1) If the master of a ship contravenes or fails to comply with a provision of this Division or a condition that is applicable to the ship by virtue of an exemption under section 269l, the master and the owner of the ship are each guilty of an offence against this section punishable upon conviction by a fine not exceeding $2,000.
“(2) It is a defence if a person charged with an offence against this section proves that it was not possible for the master of the ship concerned to comply with, or not to contravene, the provision or condition to which the charge relates.”.
“PART Va—SPECIAL PURPOSE SHIPS AND SPECIAL PERSONNEL
“283. In this Part—
‘special purpose ship’ means a ship specified in the regulations as a special purpose ship or a ship included in a class of ships specified in the regulations as special purpose ships;
‘special personnel’ means persons carried on board a special purpose ship with the knowledge or consent of the owner, agent or master of the ship, other than—
(a) the master or any other member of the crew of the ship;
(b) a pilot;
(c) a person temporarily employed on the ship in port; or
(d) any person included in a class of persons prescribed for the purposes of this paragraph.
“283a. (1) The regulations may make provision for or in relation to special purpose ships or special personnel with respect to any matter with respect to which provision is made by this Act or may be made by regulations made otherwise than by virtue of this section.
“(2) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, in relation to special purpose ships or special personnel.
“283b. For the purposes of this Act, persons who are special personnel carried on board a special purpose ship shall, except where the contrary intention appears, be deemed not to be passengers on that ship.”.
“ ‘Historic wreck’ means—
(a) a historic shipwreck within the meaning of the
Historic Shipwrecks Act 1976; or(b) a historic relic within the meaning of that Act;”.
“295a. (1) The provisions of sections 302 to 312 (inclusive), section 314 and Divisions 3 and 4 do not apply in relation to a wreck that is a historic wreck.
“(2) Where the provisions referred to in sub-section (1) (in this sub-section
referred to as the ‘relevant provisions’) cease to apply in relation to a wreck
by reason that it becomes a historic wreck, section 8 of the
“(3) A valuer shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(4) A valuer shall be paid such allowances as are prescribed.
“(5) Sub-sections (3) and (4) have effect subject to the
“(3) The provisions of sub-section (1) have effect in relation to a
wreck that is a historic wreck notwithstanding anything contained in the
(a) saving human life;
(b) securing the safe navigation of ships; or
(c) dealing with an emergency involving a serious threat to the environment.”.
(a) by omitting from sub-section (7) the definition of “adjusted net tonnage” and substituting the following definition:
“‘adjusted register tonnage’, in relation to a ship, means the number of tons that would be the register tonnage of the ship if, in ascertaining that tonnage by reference to the gross tonnage of the ship in accordance with the normal rules for measuring the tonnage of ships, no deduction were made from the gross tonnage of the ship in respect of engine-room space;”;
(b) by omitting from sub-section (7) the definition of “tonnage factor” and substituting the following definition:
“‘tonnage factor’, in relation to a ship, means a number equal to the number of tons included in the adjusted register tonnage of the ship or, if the ship cannot be measured in accordance with the normal rules for measuring the tonnage of ships, a number equal to 40% of the number of tonnes of oil of a specific gravity of 0.9 that the ship is capable of carrying in bulk as cargo.”; and
(c) by omitting sub-section (8).
“PART VIII—LIMITATION AND EXCLUSION OF SHIPOWNERS’ LIABILITY
“
“330. (1) In this Division, unless the contrary intention appears—
‘applied provisions of the Convention’ means the provisions of the Convention that, by virtue of section 333, have the force of law as part of the law of the Commonwealth;
‘Convention’ means the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, a copy of the English text of which is set forth in Schedule 6.
“(2) In this Division, except so far as the contrary intention appears, a word or expression used in this Division has the same meaning as in the Convention.
“331. This Division extends to the External Territories.
“332. (1) Section 2 does not have effect in relation to the provisions of this Division.
“(2) Section 3 does not have effect in relation to the provisions of this Division except to the extent that that section refers to vessels belonging to the naval, military or air forces of a country other than Australia.
“(3) The provisions of this Division do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Convention in relation to that vessel.
“(4) The provisions of this Division shall be read subject to a law of the Commonwealth, a State or the Northern Territory to the extent that, by giving effect to an international agreement to which Australia is a party, it excludes or limits the right of the owner of a sea-going ship to limit his liability in accordance with the Convention.
“(5) A reference in this section to the provisions of this Division shall be read as including a reference to the applied provisions of the Convention and the provisions of any regulations made for the purposes of section 336.
“333. The provisions of the Convention, other than sub-paragraph (1) (c) of Article 1 of that Convention, have the force of law as part of the law of the Commonwealth.
“334. (1) A ship, not being a sea-going ship, that—
(a) is engaged in trade or commerce with other countries or among the States or with or among the Territories or, being a ship in the course of construction, is intended for use in trade or commerce with other countries or among the States or with or among the Territories; or
(b) belongs to, or is under the control of, the Commonwealth (including a ship that belongs to an arm of the Defence Force) or a body established for a public purpose by or under an Act or a law of a Territory (other than a prescribed law of the Northern Territory) or (being a ship in the course of construction that does not belong to, or is not under the control of, the Commonwealth or such a body) is being built by, or on behalf of, or to the order of, the Commonwealth or such a body,
shall, for the purposes of this Division and the applied provisions of the Convention, be treated as if it were a sea-going ship.
“(2) A reference in sub-section (1) to a ship in the course of construction shall be read as a reference to a ship that has been launched, but not completed and delivered under the building contract.
“335. (1) Where a claim is, or claims are, made against or apprehended by a person in respect of any liability of that person that he may limit in accordance with the applied provisions of the Convention, the person may apply—
(a) in the case of a claim or claims made in proceedings in the Supreme Court of a State or Territory—to that Court; or
(b) in any other case—to the Supreme Court of any State or Territory,
to determine the limit of that liability in accordance with those provisions, and the Court may so determine the limit of that liability and may make such order or orders as it thinks fit with respect to the constitution, administration and distribution, in accordance with those provisions, of a limitation fund for the payment of claims in respect of which the person is so entitled to limit his liability.
“(2) The Supreme Court of a State or Territory to which an application has been made under sub-section (1) may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.
“(3) Where proceedings are transferred from a Court in pursuance of sub-section (2)—
(a) all documents filed of record, and moneys lodged, in that Court shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and
(b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.
“336. (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with those purposes, may make provision for and in relation to—
(a) the ascertainment of the tonnage of ships, including the estimation of the tonnage of ships in circumstances where it is not possible or reasonably practicable to measure their tonnage;
(b) the conversion of amounts of money expressed in the franc mentioned in Article 3 of the Convention into amounts of money expressed in the currency of Australia; and
(c) such matters as, under the Convention, are to be governed by the national law of a country that is a party to the Convention.
“(2) Sub-section (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of sub-section (1).
“337. (1) The Minister may, by notice published in the
(a) that a country specified in the notice has ratified or acceded to the Convention or has ratified or acceded to the Convention subject to reservations specified in the notice, as the case may be, and that the Convention has, or will, come into force or has, or will, come into force subject to those reservations, as the case may be, in respect of that country on a date specified in the notice;
(b) that a country specified in the notice has, at the time of deposit of its instrument of ratification or accession to the Convention or at any later time, declared that the Convention extends to a territory or territories specified in the notice and that that extension of the Convention has, or will, come into force on a date specified in the notice;
(c) that a country specified in the notice has denounced the Convention and that that denunciation has taken, or will take, effect on a date specified in the notice; or
(d) that a country specified in the notice has declared that the Convention shall cease to extend to a territory or territories specified in the notice and that that denunciation has taken, or will take, effect on a date specified in the notice.
“(2) A notice under sub-section (1) is, for all purposes,
“
“338. The owner of a ship, other than a foreign ship, shall not be liable to make good to any extent whatever any loss or damage happening without his actual fault or privity where—
(a) any goods, merchandise or other things whatsoever taken in or put on board the ship are lost or damaged by reason of fire on board the ship; or
(b) any goods, being gold, silver, diamonds, watches, jewels or precious stones taken in or put on board the ship, the true nature and value of which have not, at the time of shipment, been declared by the owner or shipper thereof to the owner or master of the ship in the bills of lading or otherwise in writing, are lost or damaged by reason of any robbery, embezzlement, making away with or secreting thereof.”.
(2) If sub-section (1) of this section comes into operation before the commencement of section 80 of this Act, section 336 of the Principal Act as amended by sub-section (1) of this section has effect until the commencement of section 80 of this Act as if sub-section (1) were omitted and the following sub-section were substituted:
“(1) The regulations may prescribe matters that are necessary or convenient to be prescribed for carrying out or giving effect to the applied provisions of the Convention and, in particular, without limiting the generality of the foregoing, may make provision for and in relation to—
(a) the ascertainment of the tonnage of ships that are not registered or of ships that are registered but are included in a class of ships prescribed for the purposes of this paragraph;
(b) the conversion of amounts of money expressed in the franc mentioned in Article 3 of the Convention into amounts of money expressed in the currency of Australia; and
(c) such matters as, under the Convention, are to be governed by the national law of a country that is a party to the Convention.”.
(3) If sub-section 4 (3) comes into operation before the commencement of sub-section (1) of this section, section 332 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4 (3) and until the commencement of sub-section (1) of this section as if the reference in sub-section (1) to a Commonwealth country were a reference to a prescribed country.
“362. (1) An assessor shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(2) An assessor shall be paid such allowances as are prescribed.
“(3) This section has effect subject to the
(a) by adding at the end of paragraph (f) of sub-section (1) “and”;
(b) by omitting from paragraph (g) of sub-section (1) “and” (last occurring); and
(c) by omitting paragraph (h) of sub-section (1).
“(4) A witness to be examined before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of a Court of Marine Inquiry, may make an affirmation in lieu of taking an oath, and an affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.”.
Omit “Consul”, substitute “consul”. | |
Section 179................................... | Omit “three”, substitute “3”. |
Section 180(1)(b).......................... | Omit “twenty-four”, substitute “24”. |
Section 183(a)............................... | Omit “Consul”, substitute “consul”. |
Section 183(b)............................... | Omit “Government”, substitute “government”. |
Section 184(2)............................... | Omit “Consul”, substitute “consul”. |
Section 185................................... | Omit “Consul”, substitute “consul”. |
Section 187a(1) (definition of “certificate of equipment”) | Omit “(4) of section one hundred and ninety-four of this Act”, substitute “194(4)”. |
Section 187a(1) (definition of “certificate of survey”) | Omit “(4) of section one hundred and ninety-four of this Act”, substitute”194(4)”. |
Section 187a(1) (definition of “country to which the Safety Convention applies”) | Omit “the next succeeding section”, substitute “section 187b”. |
Section 187a(1) (definition of “exemption certificate”) | Omit “(1) of section two hundred and six h of this Act”, substitute “206h (1)” |
Section 187a(1) (definition of “international voyage”) | Omit “of this Part” (first occurring). |
Section 187a(1) (definition of “passenger certificate “) | Omit “(4) of section one hundred and ninety-four of this Act”, substitute “194(4)”. |
Section 187a(1) (definition of “passenger ship”) | Omit “twelve”, substitute “12”. |
Section 187a(1) (definition of “passenger ship safety certificate”) | Omit “(1) of section two hundred and six d of this Act”, substitute “206d(1)”. |
Section 187a(1) (definition of “passenger ship short voyage safety certificate”) | Omit “(2) of section two hundred and six d of this Act”, substitute “206d(2)”. |
Section 187a(1) (definition of “passenger steamship”) | Omit “twelve”, substitute “12”. |
SCHEDULE 8-continued
Provision | Amendment |
Section 187a (1) (definition of “short international voyage”) | (a) Omit “two hundred “, substitute “200”. (b) Omit “six hundred”, substitute “600”. |
Section 187a(1) (definition of “the Safety Convention”) | Omit “Schedule VI”, substitute “Schedule 1”. |
Section 187a(4)(a)........................ | Omit “two hundred”, substitute “200”. |
Section 187a(4)(b)........................ | (a) Omit “six hundred”, substitute “600”. (b) Omit “twelve hundred”, substitute”1,200”. |
Section 187c(1)............................. | Omit “of this section”. |
Section 187c(2)............................. | Omit “of this section”. |
Section 187c(3)............................. | Omit “the next succeeding sub-section”, substitute “sub-section (4)”. |
Section 190aa(2).......................... |
(b) Omit “of this Act” (first occurring). |
Section 190aa(5).......................... | Omit “Five hundred dollars”, substitute “$500”. |
Section 190a(1)............................. | Omit “her”, substitute “the ship’s”. |
Section 190a(2) (c)....................... | Omit “her”, substitute “the ship’s”. |
Section 190a(2)............................. | Omit “her” (last occurring), substitute “its”. |
Section 190b(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 191b(1) and (2)................ | Omit “One thousand dollars”, substitute “$1,000”. |
Section 192a(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 192c(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 192c(4)............................. | (a) Omit “the last preceding sub-section”, substitute “sub-section (3)”. (b) Omit “Two thousand dollars”, substitute “$2,000 “. |
Section 193(1)............................... | Omit “Five hundred dollars”, substitute “$500”. |
Section 193(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 193(2)(a)........................... | Omit “twelve”, substitute “12”. |
Section 194(5)............................... | Omit “the last preceding sub-section”, substitute “sub-section (4)”. |
Section 202(1)............................... | (a) Omit “Two hundred dollars”, substitute “$200”. (b) Omit “Fifty”, substitute “50”. |
Section 204(4)............................... |
|
Section 206b................................. | Omit “fifty”, substitute “50”. |
Section 206c (definition of “nuclear passenger ship”)............................ | Omit “twelve”, substitute “12”. |
Section 206f.................................. | Omit “the last preceding section”, substitute “section 206e”. |
Section 206n(1)............................. | Omit “the next succeeding sub-section”, substitute “sub-section (2)”. |
Section 206n(2)............................. | (a) Omit “two”, substitute “2”. (b) Omit “three hundred”, substitute “300”. (c) Omit “five hundred”, substitute “500”. |
Section 206n(3)............................. | Omit “five”, substitute “5”. |
Section 206n(4)............................. | Omit “two”, substitute “2”. |
Section 206p(1)............................. | Omit “five”, substitute “5”. |
Section 206p(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 206s(2)(b)......................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 206s(2)............................. | Omit “One thousand dollars”, substitute “$1,000”. |
Section 206t(1)............................. | Omit “five hundred”, substitute “500”. |
Section 206t(2)............................. | Omit “five hundred”, substitute “500”. |
Section 206t(2)(b)........................ | Omit “three hundred”, substitute “300”. |
Section 206t(3)(c)......................... | Omit “five hundred”, substitute “500”. |
SCHEDULE 8–continued
Provision | Amendment |
Section 206t(3)(d)........................ | Omit “either of the last two preceding sub-sections”, substitute “sub-section (1) or (2)”. |
Section 206t(3)............................. | Omit “One thousand dollars”, substitute “$1,000”. |
Section 206u................................. | Omit “One thousand dollars”, substitute “$1,000”. |
Section 206v(1)............................. | (a) Omit “the next succeeding sub-section”, substitute “sub-section (2)”. (b) Omit “One thousand dollars”, substitute “$1,000”. |
Section 206w(2)............................ | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 207(1)............................... | Omit “the next succeeding sub-section”, substitute “sub-section (2)”. |
Section 207(2)(b).......................... | Omit “(2) of section two hundred and six w of this Act”, substitute “206w(2)”. |
Section 209................................... | Omit “her” (wherever occurring), substitute “the ship”. |
Section 210(2)(d).......................... | Omit “seven”, substitute “7”. |
Section 210(2)(f)........................... | Omit. |
Section 210(5)............................... | Omit “she”, substitute “the ship”. |
Section 213(2)............................... | Omit “three”, substitute “3”. |
Section 215(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 217(1)............................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 218(1) (definition of “Australian load line certificate”) | Omit “(b) of section two hundred and twenty-two of this Act”, substitute “222(b)”. |
Section 218(1) (definition of “international load line certificate”) Section 218(1) (definition of “Load Line Convention Country”) | Omit “(a) of section two hundred and twenty-two of this Act”, substitute “222(a)”. Omit “the next succeeding section”, substitute “section 219”. |
Section 221(3)............................... | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Section 221(4)............................... | (a) Omit “the last preceding sub-section”, substitute “sub-section (3)”. (b) Omit “One thousand dollars”, substitute “$1,000”. |
Section 221(7)............................... | Omit “the last preceding sub-section”, substitute “sub-section (6)”. |
Section 221(8)............................... | Omit “One thousand dollars”, substitute “$1,000”. |
Section 222(b)............................... | Insert “by instrument in writing” after “Minister”. |
Section 223................................... | Omit “(2) or (5) of section two hundred and twenty-one of this Act”, substitute “221(2) or (5)”. |
Section 224(1)............................... | (a) Omit “(2) of section two hundred and twenty-one of this Act”, substitute “221(2)”. (b) Omit “five”, substitute “5”. |
Section 224(2) (a)......................... | Omit “(2) of section two hundred and twenty-one of this Act “, substitute “221(2)”. |
Section 227a(1)............................. | Omit “One thousand dollars”, substitute “$1,000”. |
Section 227a(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 227b(1)............................. | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 227b(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 227d(1) and (2)................ | Omit “One thousand dollars”, substitute “$1,000”. |
Section 228................................... | Omit “her” (wherever occurring), substitute “the ship”. |
Section 230(1)............................... | Omit “the last preceding section”, substitute “section 229”. |
Section 230(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 231a................................. | Omit “Five hundred dollars”, substitute “$500”. |
Section 231b................................. | Omit “Five hundred dollars”, substitute “$500”. |
Section 231c(2)............................. | Omit “Five hundred dollars”, substitute “$500”. |
Section 231d(a)............................. | Omit “(b) of section two hundred and thirty-one of this Act”, substitute “231(b)”. |
Section 231f(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
SCHEDULE 8-continued
Provision | Amendment |
Section 232(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 233................................... | Omit “Five hundred dollars”, substitute “$500”. |
Section 235(1)............................... | Omit “Five hundred dollars”, substitute “$500”. |
Section 235(2)............................... | Omit “the next succeeding sub-section”, substitute “sub-section (3)”. |
Section 235(3)............................... | Omit “twenty-four”, substitute “24”. |
Section 249(1)............................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 249(2)............................... | Omit “The last preceding sub-section”, substitute “Sub-section (1)”. |
Section 252................................... | Omit “King”, substitute “Commonwealth”. |
Section 253(1)............................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 253(2)............................... | Omit “One thousand dollars”, substitute “$1,000”. |
Section 253a(2)............................. | Omit “Six hundred dollars”, substitute “$600”. |
Section 254(1)............................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 255................................... | Omit “One thousand dollars”, substitute “$1,000”. |
Section 256................................... | Omit “One thousand dollars”, substitute “$1,000”. |
Section 257(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 257(3)............................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 258(2)............................... |
(b) Omit “Two hundred dollars”, substitute “$200”. |
Section 258(5)............................... | Omit “two”, substitute “2”. |
Section 259(1)............................... | Omit “two”, substitute “2”. |
Section 261(2)............................... | Omit “of this section”. |
Section 261a................................. | (a) Omit “the last three preceding sections”, substitute “sections 259, 260 and 261”. (b) Omit “Commonwealth Naval Forces”, substitute “Australian Navy”. |
Section 263(1)............................... | Omit “(4) of section four hundred and nineteen”, substitute “419 (4)”. |
Section 263(2)............................... | Omit. |
Section 264(1)............................... | Omit “two”, substitute “2”. |
Section 264(3)............................... |
(b) Omit “two” (second occurring), substitute “2”. |
Section 264(4)............................... | Omit. |
Section 265(7)............................... | Omit “the last preceding sub-section”, substitute “sub-section (6)”. |
Section 274(2)............................... | Omit “of this Act” (wherever occurring). |
Section 285................................... | Omit. |
Section 286(1a)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 286(4)............................... | Omit “six”, substitute “6”. |
Section 286(5)............................... | Omit “fourteen”, substitute “14”. |
Section 287(1)............................... | (a) Omit “twelve”, substitute “12”. (b) Omit “One thousand dollars”, substitute “$1,000”. |
Section 288(1)............................... | Omit “One thousand dollars”, substitute “$1,000”. |
Section 288(2)............................... | Omit “three”, substitute “3”. |
Section 288(4)............................... |
(b) Omit “One thousand dollars”, substitute “$1,000”. (c) Omit “(c) of that sub-section”, substitute “(3)(c)”. |
Section 288(5)............................... | Omit “of this Act”. |
Section 293................................... | Omit “of this Act” (wherever occurring). |
Section 293a(2)............................. | Omit “the preceding sub-section”, substitute “sub-section (1)”. |
Section 294................................... | (a) Omit “Historic”, substitute “historic”. (b) Omit “Wreck”, substitute “wreck”. (c) Omit “Salvage”, substitute “salvage”. (d) Omit “Receiver”, substitute “receiver”. (e) Omit “Tidal”, substitute “tidal”. |
SCHEDULE 8-continued
Provision | Amendment |
Section 295................................... | Omit “of this Act”. |
Section 300(1)............................... | Omit “of Transport”, substitute “that deals with matters arising under this Act”. |
Section 301................................... | (a) Omit “The” (wherever occurring), substitute “the”. (b) Omit “Such”, substitute “such”. |
Section 304................................... | Omit “Forty-eight”, substitute “48”. |
Section 306(1) (a)......................... | Omit “Forty dollars”, substitute “$40”. |
Section 310................................... | Omit “of this Act”. |
Section 314................................... | Omit “Two hundred dollars”, substitute “$200”. |
Section 317a(1)............................. | Omit “the King”, substitute “Australia”. |
Section 318(1) (b)......................... | Omit “Two thousand dollars”, substitute “$2,000”. |
Section 318(1) (c)......................... | Omit “Six hundred dollars”, substitute “$600”. |
Section 318(2)............................... | Omit “Six hundred dollars”, substitute “$600”. |
Section 320(1)............................... | Omit “Two hundred dollars”, substitute “$200”. |
Section 320(2)............................... | Omit “thirty”, substitute “30”. |
Section 323(1) (a) and (b)............. | Omit “twenty”, substitute “20”. |
Section 323(1) (c)......................... | Omit “thirty”, substitute “30”. |
Section 324(1)............................... | Omit “two”, substitute “2”. |
Section 325(1)............................... | Omit “Four hundred dollars”, substitute “$400”. |
Section 326................................... | Omit “Four hundred dollars”, substitute “$400”. |
Section 329a................................. | Omit |
Section 329b(1)............................. |
(b) Omit “after the commencement of this Division”. |
Section 329b(2)............................. | Insert “or the Australian Postal Commission” after “the Commonwealth”. |
Section 329c(1)............................. | Omit “, after the commencement of this Division,”. |
Section 329c(3)............................. | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Section 329c(3)(c)........................ | Omit “the last preceding paragraph”, substitute “paragraph (b)”. |
Section 329d(1) (definition of “continental shelf”)....................... | Omit “the twenty-ninth day of April, One thousand nine hundred and fifty-eight”, substitute “29 April 1958”. |
Section 329d(1) (definition of “external Territory”) | Omit. |
Section 329e(1)............................. | Omit “the next succeeding section”, substitute “section 329f”. |
Section 329e(2)............................. | Omit “the last preceding sub-section” substitute “sub-section (1)”. |
Section 329e(3)............................. |
(b) Omit “sub-section” (second occurring), substitute “paragraph”. |
Section 329e(5)............................. | Omit “the next succeeding section”, substitute “section 329f”. |
Section 329f.................................. | Omit “the last preceding section”, substitute “section 329e”. |
Section 329g(1)............................. |
(b) Omit “twenty-four”, substitute “24”. (c) Omit “of this section” (wherever occurring). |
Section 329g(2)............................. | (a) Omit “(1) of section three hundred and twenty-nine e of this Act”, substitute “329e(1)”. (b) Omit “the next succeeding sub-section”, substitute “sub-section (3)”. |
Section 329g(3) (definition of “the default period”)............................. | Omit “(1) of section three hundred and twenty-nine e of this Act”, substitute “329e(1)”. |
Section 329g(3) (definition of “the prescribed amount”)...................... | (a) Omit “Two thousand dollars”, substitute “$2,000”. (b) Omit “five-thousand”, substitute “5,000”. |
Section 329g(4)............................. |
|
SCHEDULE 8-continued
Provision | Amendment |
Section 329j(2).............................. |
|
Section 329j(3).............................. |
|
Section 329j(4).............................. |
(b) Omit “of this section”.
|
Section 329k(3)............................. |
|
| |
Section 329k(4)............................. | Omit “The last preceding sub-section”, substitute “Sub-section (3)”. |
Section 329k(5)(a)........................ | Omit “One hundred and twenty dollars”, substitute “$120”. |
Section 329k(5)(b)........................ | Omit “Twelve million six hundred thousand dollars”, substitute “$12,600,000”. |
Section 329k(6)............................. | (a) Omit “two”, substitute “2”. (b) Omit “of this section” (last occurring). |
Section 330(1)............................... | Omit. |
Section 332(1)............................... | (a) Omit “the last preceding section”, substitute “section 331”. (b) Omit “her”, substitute “the ship”. |
Section 332(2)............................... |
(b) Omit “her” (first occurring), substitute “its”. (c) Omit “her”(last occurring), substitute “the ship”.
|
Section 332(3)............................... |
(b) Omit “her”, substitute “the ship”. |
Section 333................................... | Omit “her”, substitute “the ship”. |
Section 335(2)............................... |
|
Section 335(3)............................... | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Section 359................................... | Omit “two”, substitute “2”. |
Section 360(2)............................... | Omit “two”, substitute “2”. |
Section 361................................... | Omit “two”, substitute “2”. |
Section 363(1) and (2).................. | Omit “Regulations”, substitute “regulations”. |
Section 364(1)(a)........................... | Omit “Where”, substitute “where”. |
Section 370(2)............................... | Omit “(b) of the last preceding sub-section”, substitute “(1Mb)”. |
Section 370b(3)............................. | (a) Omit “Two hundred dollars”, substitute “$200”. (b) Omit “three”, substitute “3”. |
Section 375b(1)............................. | Omit “the next succeeding sub-section”, substitute “sub-section (2)”. |
Section 375b(6)............................. | Omit “two”, substitute “2”. |
Section 377a(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 384(2)............................... | Omit “three”, substitute “3”. |
Section 389a(2)............................. | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 389a(4)............................. | Omit “the last preceding sub-section”, substitute “sub-section (3)”. |
Section 391(2)............................... | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
SCHEDULE 8-continued
Provision | Amendment |
Section 392(1)(a)...................... | Omit “four”, substitute “4”. |
Section 392(2).......................... | Omit. |
Section 395............................... | Repeal. |
Section 396(1).......................... | (a) Omit “her” (first and second occurring), substitute “its”. (b) Omit “her” (third and fourth occurring), substitute “the ship”. (c) Omit “two”, substitute “2”. |
Section 403(3).......................... | Omit “Courts”, substitute “courts”. |
Section 406............................... | (a) Omit “six”, substitute “6”. (b) Omit “five”, substitute “5”. (c) Omit “King”, substitute “Queen”. |
Section 407(2).......................... | Omit “The last preceding sub-section”, substitute “Sub-section (1)”. |
Section 407a(2)........................ | Omit “the last preceding sub-section”, substitute “sub-section (1)”. |
Section 407a(3)........................ | Omit “Schedule VIII to this Act”, substitute “Schedule 7”. |
Section 407a(4)........................ | Omit. |
Section 407b(1)........................ | (a) Omit “the last preceding section”, substitute “section 407a”.
|
Section 407b(2)........................ |
|
Section 407b(3)........................ | Omit “the last preceding section”, substitute “section 407a”. |
Section 410a(1)........................ | (a) Omit “her” (wherever occurring), substitute “the ship”. (b) Omit “Two hundred dollars”, substitute “$200”. |
Section 416............................... | (a) Omit “her” (first occurring), substitute “its”. (b) Omit “her” (second occurring), substitute “the ship”. |
Section 417(4).......................... | Omit “the last preceding sub-section”, substitute “sub-section (3)”. |
Section 418a(1)........................ | (a) insert “by instrument in writing” after “Minister”. (b) Omit “two”, substitute “2”. |
Section 418a(2)........................ | Omit “The form of security in Schedule V”, substitute “The prescribed form of security”. |
Section 419............................... | Insert “by instrument in writing” after “Minister” (last occurring). |
Section 420(3).......................... | Omit “the last preceding sub-section”, substitute “sub-section (2)”. |
Section 420(6).......................... | Omit “Government”, substitute “government”. |
Section 421(2).......................... | Omit “the naval, military or air forces of the Commonwealth or of any other country, including a foreign country”, substitute “an arm of the Defence Force of Australia or of the naval, military or air forces of a country other than Australia”. |
Section 424(2)(a)...................... | Omit “of Transport”, substitute “that deals with matters arising under this Act”. |
Section 424(2)(b)...................... | Omit “four”, substitute “4”. |
Section 424(2)(c) and (d)......... | Omit “one”, substitute “a”. |
Section 424(2) (e)..................... | Omit “two”, substitute “2”. |
Section 424(4).......................... | Omit “(a) of sub-section (2) of this section”, substitute “(2)(a)”. |
Section 424(6).......................... | Omit “(2) of section fourteen, sub-section (2) of section forty-three or section one hundred and seventeen of this Act”, substitute “14(2) or 43(2) or section 117”. |
Heading to Schedule I.............. | Omit “SCHEDULE I”, substitute “SCHEDULE Ia”. |
Heading to Schedule II............ | Omit “SCHEDULE II”, substitute “SCHEDULE IIa”. |
Schedule II............................... | Omit “Schedule I”, substitute “Schedule Ia”. |
Schedule V............................... | Repeal. |
Heading to Schedule VI........... | Omit “SCHEDULE VI”, substitute “SCHEDULE 1”. |
Heading to Schedule VII......... | Omit “SCHEDULE VII”, substitute “SCHEDULE 4”. |
Heading to Schedule VIII........ | Omit “SCHEDULE VIII”, substitute “SCHEDULE 7”. |
SCHEDULE 9 Section 101
AMENDMENTS OF PRINCIPAL ACT IN RELATION TO PRESCRIBED COUNTRY
1. The following provisions of the Principal Act are amended by omitting “Commonwealth” (wherever occurring) and substituting “prescribed”: Sections 62a(3) and 400(1).
2. The following provisions of the Principal Act are amended by omitting “Commonwealth country other than Australia” and substituting “prescribed country”: Sections 329c(1), (2) and (3)(d) and (e), 364(2)(a) and (d), 366(2) and 383(1)(a).
3. The Principal Act is further amended as set out in the following table:
Provision | Amendment |
Section 6(1) (definition of “proper authority”) |
(c) Omit from paragraph (c) “other” (last occurring). |
Section 128(2)(c)........................ | Insert “or a citizen of a prescribed country “ after “subject”. |
Section 383(1)(a)........................ | Omit “Commonwealth” (last occurring), substitute “prescribed”. |
SCHEDULE 10 Section 102
AMENDMENTS OF PRINCIPAL ACT CONSEQUENTIAL ON INCREASE IN GENERAL PENALTY FOR OFFENCES
Provision | Amendment |
Section 14(1)................................. | Omit “Penalty: Two hundred dollars.”. |
Section 20(2)................................. | Omit “Penalty: Fifty dollars.”. |
Section 25(1)................................. | Omit “Penalty: Two hundred dollars.”. |
Section 29(4)................................. | Omit “One hundred dollars”, substitute “$200”. |
Section 31..................................... | Omit “One hundred dollars”, substitute “$200”. |
Section 32..................................... | Omit “Penalty: One hundred dollars.”. |
Section 43(1)................................. | Omit “Penalty: Two hundred dollars.”. |
Section 49..................................... | Omit “Penalty: Two hundred dollars.”. |
Section 54..................................... | Omit “Penalty: One hundred dollars.”. |
Section 62a(6)............................... | Omit “Penalty: One hundred dollars.”. |
Section 63..................................... | Omit “Penalty: One hundred dollars.”. |
Section 66(1)................................. | Omit “Penalty: One hundred dollars.”. |
Section 68(1)................................. | Omit “Penalty: Two hundred dollars.”. |
Section 100................................... |
|
Section 102................................... | (d) Omit “One hundred dollars”, substitute “$200”. |
Section 102................................... | Omit “Eighty dollars”, substitute “$200”. |
Section 104(1)............................... | Omit “Forty dollars”, substitute “$200”. |
Section 111(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 115(12)............................. | Omit “punishable upon conviction by a fine not exceeding One hundred dollars”. |
Section 116(2)............................... | Omit “Penalty: One hundred dollars.”. |
Section 117................................... | Omit” Penalty: Two hundred dollars.”. |
Section 120(3)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 120(4)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 120(5)............................... | Omit “Penalty: Fifty dollars.”. |
SCHEDULE 10-continued
Provision | Amendment |
Section 125(1)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 126(2)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 133(1)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 133(2)............................... | Omit “Penalty: One hundred dollars.”. |
Section 138a................................. | Omit “Penalty: Two hundred dollars.”. |
Section 139(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 144................................... | Omit “Penalty: Fifty dollars.”. |
Section 145(1)............................... | Omit “One hundred dollars”, substitute “$200”. |
Section 148c(5)............................. | Omit “punishable upon conviction by a line not exceeding One hundred dollars.”. |
Section 155................................... | Omit “Penalty: Two hundred dollars.”. |
Section 156(2)............................... | Omit “Penalty: One hundred dollars.”. |
Section 164(2)............................... | Omit “Penalty: One hundred dollars.”. |
Section 167(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 168(1)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 169................................... | Omit “Penalty: Two hundred dollars.”. |
Section 171(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 171(4)............................... | Omit “Penalty: Sixty dollars.”. |
Section 174(2)............................... | Omit “Fifty dollars”, substitute “$200”. |
Section 179................................... |
(c) Omit “Twenty dollars”, substitute “$100”. |
Section 182................................... | Omit “Penalty: Forty dollars for the first offence and One hundred dollars for a second or sub-sequent offence.”. |
Section 190a(1)............................. | Omit “punishable upon conviction by a fine not exceeding One hundred dollars.”. |
Section 202(2)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 205................................... | Omit “Penalty: Two hundred dollars.”. |
Section 206h(2)............................ | Omit “punishable upon conviction by a fine not exceeding Two hundred dollars”. |
Section 228................................... | Omit “Penalty: Two hundred dollars.”. |
Section 231e................................. | Omit “Penalty: One hundred dollars.”. |
Section 235(2)............................... | Omit “Twenty dollars”, substitute “$100”. |
Section 258a................................. | Omit “Penalty: Two hundred dollars.”. |
Section 265(6)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 268................................... | Omit “Penalty: Two hundred dollars.”. |
Section 269................................... | Omit “Penalty: One hundred dollars.”. |
Section 269a(1)............................. | Omit “Penalty: One hundred dollars.”. |
Section 275................................... | Omit “One hundred dollars”, substitute “$200”. |
Section 277................................... | Omit “Penalty: One hundred dollars.”. |
Section 278(3)............................... | Omit “Penalty: One hundred dollars.”. |
Section 280(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 288(4)............................... | Omit “Forty dollars”, substitute “$200”. |
Section 293................................... |
|
Section 296(2)............................... | Omit “Penalty: One hundred dollars.”. |
Section 297(2)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 298(3)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 302................................... | Omit “Penalty: Two hundred dollars.”. |
Section 303(1)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 313(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 374(3)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 375................................... | Omit “Penalty: One hundred dollars.”. |
Section 377a(2)............................. | Omit “Penalty: One hundred dollars.”. |
Section 386................................... | Omit “Penalty: Two hundred dollars.”. |
Section 387a................................. | Omit “Penalty: Two hundred dollars.”. |
Section 388(1)............................... | Omit “Penalty: One hundred dollars.”. |
Section 389a(4)............................. | Omit “Penalty: Fifty dollars.”. |
Section 393................................... | Add at the end thereof the following sub-section: |
SCHEDULE 10-continued
Provision | Amendment |
“(2) An offence against a provision of this Act for which a penalty is not expressly provided (other than an offence created by sub-section (1) or an indictable offence) is punishable upon conviction by a fine not exceeding $200.”. | |
Section 410a(2)............................. | Omit “One hundred dollars”, substitute “$200”. |
Section 413(2)............................... | Omit “Penalty: Fifty dollars.”. |
Section 415(1)............................... | Omit “Penalty: Two hundred dollars.”. |
Section 417(1) and (2).................. | Omit “Penalty: One hundred dollars.”. |
Section 420(3)............................... | Omit “Penalty: Two hundred dollars.”. |
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