Transport and Communications Legislation Amendment Act (No. 2) 1993 (Cth)
Section
1. Short title
2. Commencement
3. Amendments of Acts
4. Savings provisions relating to certain Air Operators’ Certificates
5. Transitional provision relating to certain Air Operators’ Certificates
6. Treatment of certain payments made to National Rail Corporation after 30 June 1992
7. Application—subsection 30(2) of the
Seafarers Rehabilitation and Compensation Act 1992 8. Application—section 39 of the
Seafarers Rehabilitation and Compensation Act 1992 9. Application—sections 28, 49 and 50 of the
Seafarers Rehabilitation and Compensation Act 1992
SCHEDULE
AMENDMENTS OF ACTS
[
The Parliament of Australia enacts:
4 .( 1 ) If:(a) an Air Operator’s Certificate was purportedly issued under section 27 of the
Civil Aviation Act 1988 before the amendments of that Act contained in items 19, 30, 31, 32 and 33 commence; and(b) the Certificate was expressed to authorise the flying or operation of aircraft included in a class of aircraft described in the Certificate rather than of a particular aircraft during a period that began before; and
(c) the Certificate had not expired, or been cancelled, before those amendments commence;
the Certificate is taken to have been as validly issued as it would have been if those amendments had been in force at the time when the Certificate was issued.
(2) If:(a) an Air Operator’s Certificate was purportedly issued under section 27 of the
Civil Aviation Act 1988 before the amendments of that Act contained in items 19, 30, 31, 32 and 33 commence; and(b) despite subsection 27(7) of the
Civil Aviation Act 1988 , the Certificate had been issued without specifying the term of its operation; and(c) the Certificate had not been cancelled before the amendments commence;
the Certificate is taken to have been validly issued for a term ending on 1 July 1994.
5 .( 1 ) If:(a) an Air Operator’s Certificate was issued under section 27 of the
Civil Aviation Act 1988 before the amendments of that Act contained in items 19, 30, 31, 32 and 33 commence; and(b) the Certificate authorised a foreign registered aircraft, or is, under subsection 4(1), taken to have authorised a foreign registered aircraft included in a class of aircraft, to undertake domestic commercial flights; and
(c) the Certificate, or the particular authorisation included or taken to be included within the Certificate, had not expired, or been cancelled, before the amendments commence;
that Certificate continues to authorise that aircraft or those aircraft to undertake those flights, in accordance with its terms, for 3 months after the amendments commence or until it expires or is cancelled, whichever first occurs.
(2) In this section:
6 .( 1 ) If:(a) at any time after 30 June 1992 and before this Act receives the Royal Assent, payments were made to the National Rail Corporation Limited (the
“Company” ) from the Australian Land Transport Development Trust Fund in respect of a project to which this section applies; and(b) the Commonwealth and the other shareholders of the Company have, during that period, agreed, or subsequently agree, that, in return for the payments, there will be issued to the Commonwealth shares in the Company having a nominal value equivalent to the payments;
the payments are to be treated as if they had been properly made as additional capital contributions in respect of the project under paragraph 15(1)(ba) of the
(2) In subsection (1):
(a) the upgrading of the Sydney-Melbourne line;
(b) the upgrading of the Sydney-Brisbane line;
(c) the upgrading of the Dynon Freight Terminal.
SCHEDULE Section 3
AMENDMENTS OF ACTS
Insert:
“(i) the Protocol inserting in the Convention Article 83 bis, approved by the Assembly of the International Civil Aviation Organization on 6 October 1980; and”.
After “9” insert “, 9A”.
Insert:
“SCHEDULE 9A Section 4
PROTOCOL
relating to an amendment to the
Convention on International Civil Aviation
signed at Montreal on 6 October 1980
THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
HAVING MET in its Twenty-third Session at Montreal on 6 October 1980,
HAVING NOTED Resolutions A21-22 and A22-28 on lease, charter and interchange of aircraft in international operations,
HAVING NOTED the draft amendment to the Convention on International Civil Aviation prepared by the 23rd Session of the Legal Committee,
HAVING NOTED that it is the general desire of Contracting States to make a provision for the transfer of certain functions and duties from the State of registry to the State of the operator of the aircraft in the case of lease, charter or interchange or any similar arrangements with respect to such aircraft,
HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,
1. APPROVES, in accordance with the provisions of Article 94
( a ) of the Convention aforesaid, the following proposed amendment to the said Convention:
Insert after Article 83 the following new Article 83
bis :
Transfer of certain functions and duties
(a) Notwithstanding the provisions of Articles 12, 30, 31 and 32(a), when an aircraft registered in a contracting State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or, if he has no such place of business, his permanent residence in another contracting State, the State of registry may, by agreement with such other State, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft under Articles 12, 30, 31 and 32(a). The State of registry shall be relieved of responsibility in respect of the functions and duties transferred.
(b) The transfer shall not have effect in respect of other contracting States before either the agreement between States in which it is embodied has been registered with the Council and made public pursuant to Article 83 or the existence and scope of the agreement have been directly communicated to the authorities of the other contracting State or States concerned by a State party to the agreement.
(c) The provisions of paragraphs (a) and (b) above shall also be applicable to cases covered by Article 77.;2. SPECIFIES, pursuant to the provisions of the said Article 94
(a) of the said Convention, ninety-eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and3. RESOLVES that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above-mentioned and the matter hereinafter appearing:
a) The Protocol shall be signed by the President of the Assembly and its Secretary General.
b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation.
c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.
d) The protocol shall come into force in respect of the States which have ratified it on the date on which the ninety-eighth instrument of ratification is so deposited.
e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.
f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which the Protocol comes into force.
g) With respect to any Contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.
CONSEQUENTLY, pursuant to the aforesaid action of the Assembly, This Protocol has been drawn up by the Secretary General of the Organization.
IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty-third Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.
DONE at Montreal on the sixth day of October of the year one thousand nine hundred and eighty, in a single document in the English, French, Russian, and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.”.
Repeal the title, substitute:
“
Insert:
“(ba) to an approved railway authority for payment as an additional capital contribution in respect of a capital railway project to be undertaken by the authority;”.
Add at the end:
“(3) An amount is not to be paid out of the Fund to an approved railway authority as an additional capital contribution in respect of a capital railway project to be undertaken by the authority unless:
(a) in response to an invitation from the Minister under paragraph 26(1)(c), the authority has submitted to the Minister particulars of the project; and
(b) if the authority has a corporate plan—the Minister is satisfied that the undertaking of the project by the authority is consistent with the plan; and
(c) it has been agreed:
(i) if the authority is incorporated under the Corporations Law of a State or of an internal Territory and the Commonwealth is a shareholder in the authority—between the other shareholders and the Commonwealth; or
(ii) in any other case—between the authority and the Commonwealth;
that shares in the authority having an equivalent nominal value to the payment from the Fund will be issued to the Commonwealth:
(iii) on payment from the Fund to the authority of all of the additional capital contributions proposed in respect of that project; or
(iv) at such later time as is agreed.”.
Insert in Part IV:
“28A.(1) The provisions of this Part apply to all payments from the Fund under paragraph 15(1)(a), (b), (c) or (d).
“(2) Subject to subsection (3), the provisions of this Part apply in respect of payments from the Fund under paragraph 15(1)(ba) in respect of projects of approved railway authorities:
(a) as if, so far as assets acquired under those projects are concerned, paragraph 32(1)(n) were omitted; and
(b) as if section 31 and paragraph 32(1)(p) were omitted.
“(3) If an approved railway authority to which payment is made under paragraph 15(1)(ba) is a company incorporated under the Corporations Law of a State or of an internal Territory, the obligations of the authority and of its directors and of officers under subsection (2) apply only to the extent that those obligations are consistent with obligations of the authority and of its directors and officers under that Corporations Law.”.
Add at the end:
“(3) Paragraph 32(1)(n) does not apply:
(a) to the sale or other disposal to the National Rail Corporation Limited of an asset; or
(b) to the granting to the National Rail Corporation Limited of a lease of an asset having a term of at least 20 years;
in accordance with subclause 5(5) of the Agreement set out in the Schedule to the
Omit “reasonable”, substitute “reasonably”.
Omit “$1,000 or imprisonment for 6 months, or both”, substitute “Imprisonment for 6 months”.
(a) Omit all words from and including “punishable”.
(b) Add at the end:
“Penalty: 10 penalty units.”.
After “railway” insert “owned or”.
After “railways” insert “owned or”.
After “railway” insert “owned or”.
(a) Omit “shall not do any act or thing that, to his knowledge,”, substitute “must not, intentionally or recklessly, do any act or thing that”.
(b) Omit “$20,000 or imprisonment for 10 years, or both”, substitute “Imprisonment for 10 years”.
Omit the subsections.
Omit “a fine of $500 for breaches”, substitute “15 penalty units for each breach”.
Omit “a fine of $500 for offences”, substitute “15 penalty units for each offence”.
Insert:
“
(a) that is undertaken wholly within Australia for a purpose prescribed as a commercial purpose for the purposes of subsection 27(9); and
(b) that is not undertaken as a part of a flight into or out of Australian territory;
(a) in a foreign country; or
(b) under a joint registration plan or an international registration plan;
Add at the end:
“Note: Some references to Australian aircraft may be affected by the operation of section 4A.”.
Insert:
“
Insert:
“4A.(1) In this section:
“(2) Despite anything in this Act, a provision in this Act (the
(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and
(b) the agreement states that the applied provision relates to that function.
“(3) Despite anything in this Act, a provision in this Act (the ‘
(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and
(b) the agreement states that the disapplied provision relates to that function.
“(4) Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to:
(a) a Contracting State in which an aircraft is registered;
includes a reference to or in relation to:
(b) another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention.
“(5) If:
(a) Australia has entered into an 83 bis agreement; or
(b) an 83 bis agreement to which Australia is a party has been amended;
the Authority must, as soon as practicable, publish a
“(6) Without limiting subsection (5), the notice must set out:
(a) the Contracting State that is the other party to the agreement; and
(b) the date of commencement of the agreement or amendment; and
(c) the aircraft to which the agreement or amendment relates; and
(d) the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and
(e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions.
“(7) If an 83 bis agreement has ceased to be in force, the Authority must, as soon as practicable, publish a
“(8) A notice under subsection (5) or (7) is evidence of the matters stated in it.”.
Insert:
“(aa) foreign aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and”.
Insert:
“(ab) the provision of services referred to in section 10A; and”.
Insert “subject to any 83 bis agreement,” before “Australian aircraft”.
Insert:
“10A.(1) The Authority may, under a contract with a foreign country or with an agency of a foreign country, provide consultancy services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which the Authority has expertise.
“(2) Those services may include the performance of regulatory functions in relation to foreign aircraft under the law of a foreign country.”.
Omit “Penalty: $500.”, substitute “Penalty: 5 penalty units.”.
Omit “Penalty: $3,000.”, substitute “Penalty: 30 penalty units.”.
Omit “Penalty: $3,000.”, substitute “Penalty: 30 penalty units.”.
Omit “Except as authorised by a Certificate”, substitute “Except as authorised by a Certificate, or by a permission under section 27A”.
Insert:
“(2A) A Certificate may authorise the flying or operation of an aircraft, other than the operation of a foreign registered aircraft on domestic commercial flights, by authorising the flying or operation of aircraft included in a class of aircraft described in the Certificate.
“(2B) A Certificate may be issued only to a natural person or to a body having legal personality.”.
Insert:
“27A.(1) If:
(a) a person wishes to operate a foreign registered aircraft on domestic commercial flights; and
(b) the Authority has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an Air Operator’s Certificate authorising that operation;
the person may apply for a permission for the aircraft to be so operated.
“(2) The Authority may only grant the permission if it is satisfied that to do so will not adversely affect the safety of air navigation.
“(3) The permission may be granted only for a period of not more than 7 days specified in the permission starting on a day specified in the permission.
“(4) A permission has effect subject to any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission:
(a) that the Authority considers necessary in the interests of the safety of air navigation; and
(b) that are specified by the Authority in the permission.
“(5) The Authority may, at any time, by written notice given to the holder of the permission, vary the conditions or impose further conditions if the Authority considers it necessary to do so in the interests of the safety of air navigation.
“(6) If the Authority becomes satisfied that it is necessary to do so in the interests of the safety of air navigation, it may, by oral or written notice given to the holder of a permission given under this section, cancel the permission.”.
Repeal the section, substitute:
“28.(1) If:
(a) a person applies for a permission under this Part (other than a permission under section 27A); and
(b) the Authority is satisfied that the applicant has complied with, or established the capability to comply with, the provisions of this Act, and of the regulations, that relate to safety, including provisions relating to the competence of persons to do anything that would be covered by the permission;
the Authority must give the permission.
“(2) If:
(a) a person applies for an Air Operator’s Certificate under this Part; and
(b) the Authority is satisfied that the applicant has complied with, or established the capability to comply with, the provisions of this Act, and of the regulations, that relate to safety, including provisions relating to the competence of persons to do anything that would be covered by the Certificate; and
(c) if the Certificate sought will authorise the operation of a foreign registered aircraft on domestic commercial flights—the Authority is also satisfied that the additional conditions referred to in subsection 28A(1) have been met;
the Authority must issue the Certificate.
“(3) The Authority must not, under this Part:
(a) impose or vary a condition in respect of a permission other than a permission under section 27A; or
(b) suspend or cancel such a permission;
except for the purpose of ensuring compliance with the provisions of this Act, and of the regulations, that relate to safety.
“(4) Subject to subsection (6), the Authority must not:
(a) impose or vary a condition of an Air Operator’s Certificate that is not a mixed authority Certificate and that authorises the operation of a foreign registered aircraft on domestic commercial flights; or
(b) impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on domestic commercial flights that is contained in a mixed authority Certificate; or
(c) suspend or cancel an Air Operator’s Certificate of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;
except to ensure that the aircraft’s operation, maintenance and airworthiness are of a standard that the Authority considers necessary in the interests of the safety of air navigation.
“(5) Subject to subsection (6), the Authority must not:
(a) impose or vary a condition of an Air Operator’s Certificate that does not authorise the operation of a foreign registered aircraft on domestic commercial flights; or
(b) impose or vary a condition relating to any authorisation of an operation (other than the operation of a foreign registered aircraft on domestic commercial flights) that is contained in a mixed authority Certificate; or
(c) suspend or cancel an Air Operator’s Certificate of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;
except to ensure compliance with the provisions of this Act, and of the regulations, relating to safety.
“(6) If a person to whom an Air Operator’s Certificate is issued makes a written request to the Authority for the revocation of the Certificate, the Authority must cancel the Certificate.
“(7) In this section:
(a) the operation of a foreign registered aircraft on domestic commercial flights; and
(b) other operations.
“28A.(1) The additional conditions of which the Authority must be satisfied for the purposes of paragraph 28(2)(c) are:
(a) that the Authority has entered into agreements with:
(i) the authority responsible for regulating civil aviation in the country where the aircraft is registered; and
(ii) if, when the application for the Certificate is made, the aircraft is operating in another country under an Air Operator’s Certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a
‘foreign certificate’ )— the body that issued the foreign certificate; and(b) that each agreement sets out the areas of responsibility of the parties to the agreement in relation to the supervision of flight operations, the maintenance, and the airworthiness, of aircraft covered by the agreement; and
(c) that the applicant has informed the Authority:
(i) of the aircraft’s type, serial number and registration marks; and
(ii) of the country where the aircraft is registered; and
(iii) of the name and address of the person in whose name the aircraft is registered; and
(d) that the applicant has informed the Authority:
(i) of the age and total time-in-service of the aircraft; and
(ii) of the country in which any person who operated the aircraft in the period of one year immediately before the application for the certificate had his or her principal place of business; and
(iii) of the country or countries in which maintenance, other than daily maintenance, was carried out on the aircraft during that year; and
(e) that the applicant has given the Authority a copy of either:
(i) the certificate of airworthiness of the aircraft; or
(ii) a document to substantially the same effect as such a certificate;
that was issued by the authority responsible for regulating civil aviation in the country where the aircraft is registered; and
(f) that the applicant has given the Authority a statement that the aircraft complies with the airworthiness requirements of Annex 8 of the Chicago Convention or with such other airworthiness standard as the Authority directs; and
(g) if the aircraft is leased—that the applicant has given the Authority:
(i) the name and address of the person responsible for operational control of the aircraft under the lease agreement (whether or not that person is the applicant); and
(ii) a statement signed by that person to the effect that that person, together with the other parties to the lease agreement, understand their respective responsibilities under the applicable regulations; and
(h) if the aircraft is leased—that the applicant for the certificate has given the Authority a description of the lease provisions.
“(2) In this section:
(a) scheduled maintenance of the aircraft; or
(b) checks of the aircraft’s systems; or
(c) maintenance of the aircraft to comply with an airworthiness directive issued by an authority responsible for civil aviation; or
(d) any modifications of, or repairs to, the aircraft.”.
Omit “Penalty: $3,000.”, substitute “Penalty: 30 penalty units.”.
Add at the end:
“(9) In this section:
Omit the subsection, substitute:
“(3) A person must not, without reasonable excuse, fail to comply with subsection (2).
Penalty: 1 penalty unit.”.
Omit “Penalty: $3,000.”, substitute “Penalty: 30 penalty units.”.
Omit “Penalty: $3,000.”, substitute “Penalty: 30 penalty units.”.
Omit “, and the person shall comply with the requirement”.
Omit the subsection, substitute:
“(8) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (7).
Penalty: 2 penalty units.”.
Omit “
Omit “$5,000.”, substitute “50 penalty units.”.
Renumber the section as section 25H.
Omit “
Tribunals ”, substitute “Tribunal ”.
Omit “section (1A)”, substitute “subsection (1A)”.
Omit “
Insert “or Federal airport development sites” after “Federal airport”.
Insert “or Federal airport development sites” after “Federal airport”.
Insert “or Federal airport development sites” after “Federal airport”.
Omit “to” (fourth occurring).
Omit “the Minister or any authorized officer”, substitute “the Authority or authorised person”.
Omit “d’affairs”, substitute “d’affaires”.
After “except in” insert “Part IIIA, in”.
Omit the subsection.
Omit all the words after “to be evidenced,”, substitute “including, 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;”.
Omit “, seamen and pilots”, substitute “and seamen”.
Omit the penalty.
Add at the end the following penalty:
“Penalty: 10 penalty units.”.
Omit “paragraph (1)(b)”, substitute “subsection (1)”.
Insert:
“
“186A.(1) In this section:
“(2) This Part applies only to pilots and pilotage in relation to ships in, or in transit to or from, any part of Australian coastal sea that is specified in the regulations.
“(3) Subject to subsection (1), this Part applies to all ships, including ships to which Part II does not apply.
“(4) Section 2 does not have effect in relation to a provision of this Part.
“(5) This Part is not intended to affect the operation of any law of a State or Territory governing pilots or pilotage in relation to a port in the State or Territory.”.
“186B. In this Part:
“186C.(1) For the purposes of this Part, the regulations may make provisions in relation to:
(a) standards of competence to be attained; and
(b) other conditions to be satisfied by a person in order to be licensed as a pilot under this Act; and
(c) licensing of pilots.
“(2) Without limiting subsection (1), the conditions may include conditions as to age, character, health, nationality, citizenship or residence.
“(3) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision in relation to any of the following:
(a) the manner in which the attainment of a standard or the satisfaction of a condition is to be evidenced, including the obtaining of certificates and other documents to be held by pilots as evidence that they are licensed as pilots under 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 pilots, including the gaining of sea service and other experience, 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 pilots under this Act as in force before this section’s commencement, or under the laws of a State or Territory;
(f) the reconsideration of decisions made under regulations made for the purposes of subsection (1);
(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement under regulations made for the purposes of subsection (1).
“(4) In subsection (3),
“186D. For the purposes of this Part, the regulations may also make provisions in relation to:
(a) the duties of a licensed pilot and the manner in which a licensed pilot is to discharge his or her duties; and
(b) the professional relationship between a licensed pilot and the master or other officers of a ship, including provisions in relation to the professional liability of a licensed pilot and limitation of that liability; and
(c) the keeping and maintaining by a licensed pilot of records relating to pilotage carried out by the pilot.
“186E.(1) A person who is not a licensed pilot must not knowingly:
(a) represent himself or herself to be a licensed pilot; or
(b) without reasonable excuse, perform duties that are the duties of a licensed pilot under the regulations.
Penalty: 20 penalty units.
“(2) A person must not knowingly take another person who is not a licensed pilot into employment to perform duties that, under the regulations, are the duties of a licensed pilot.
Penalty: 20 penalty units.
“186F.(1) If a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired, the person is guilty of an offence.
Penalty: Imprisonment for 12 months.
“(2) If:
(a) a licensed pilot is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as pilot is impaired; and
(b) the impairment causes or contributes to:
(i) the loss or destruction of, or damage to, the ship, its cargo or equipment; or
(ii) the loss or destruction of, or damage to, another ship, its cargo or equipment; or
(iii) death or injury to another person;
the person is guilty of an offence.
Penalty: Imprisonment for 2 years.”.
Omit “322,”.
Omit “or seaman”, substitute “, seaman or pilot that is issued under this Act”.
Add at the end:
“(7) For the purposes of subsection (6),
Omit “subsections 125(1),”, substitute “subsection 125(1), section 186E, subsections”.
Add at the end:
“(4) In this section:
Add at the end the following penalty:
“Penalty: 5 penalty units.”.
After “III,” insert “IIIA,”.
Omit “MAROL”, substitute “MARPOL”.
Omit “reguirements”, substitute “requirements”.
Omit the amendment, substitute:
Omit ‘, other than Qantas Airways Limited’.”.
Omit “CERC Act”, substitute “
Omit the definition, substitute:
“
(a) a company trainee; or
(b) an industry trainee;”.
Omit the definition.
Insert:
“
(a) although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is undergoing a training course as required by his or her employer; or
(b) is undergoing a training course as required by his or her employer before becoming a seafarer;
(a) although ordinarily employed or engaged as a seafarer, is not so employed or engaged but is undergoing an approved industry training course; or
(b) is undergoing an approved industry training course before becoming a seafarer;
Omit the paragraph, substitute:
“(b) a company trainee; or
(ba) an industry trainee; or”.
After “person” insert “(other than a company trainee or an industry trainee)”.
Omit the subsection, substitute:
“(2) For the purposes of this Act, an industry trainee or a person mentioned in paragraph (c) of the definition of ‘employee’ is taken to be employed by the Fund until he or she next becomes a seafarer, and his or her employment is taken to be constituted by his or her attendance:
(a) in the case of an industry trainee—at an approved industry training course; and
(b) in the case of a person mentioned in paragraph (c) of the definition of ‘employee’—at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship.”.
(a) After “seafarer” (first occurring) insert “or of a company trainee”.
(b) After “seafarer” (second occurring) insert “or company trainee”.
Omit “prescribed”, substitute “required”.
Insert “if the employee is a person mentioned in paragraph (c) of the definition of ‘employee’ in subsection 4(1)—” before “while”.
Omit “an approved industry training course”, substitute “a required course of training”.
Omit “(1)(e)(i)”, substitute “(2)(e)(i)”.
Omit “(1)”, substitute “(2)”.
Add at the end:
“(5) In this section:
(a) in relation to a company trainee—a training course that the trainee was required by the employer to undergo; or
(b) in relation to an industry trainee—an approved industry training course.”.
Omit “industrial agreement”, substitute “certified agreement”.
Omit “industrial agreement”, substitute “certified agreement”.
Insert:
“(1A) In addition, this Act applies to the employment of employees on any prescribed ship that is:
(a) an off-shore industry vessel in relation to which a declaration under subsection 8A(2) of the Navigation Act is in force; or
(b) a trading ship in relation to which a declaration under subsection 8AA(2) of that Act is in force.”.
Omit “This Act does not apply”, substitute “Subsection (3) does not have the effect of applying this Act”.
Omit “CERC Act”, substitute “
Omit the subsections, substitute:
“(6) Subject to subsection (7), if compensation in respect of the cost of medical treatment is payable under subsection (1), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:
(a) making a journey necessary for the purpose of obtaining that medical treatment;
(b) remaining, for the purpose of obtaining that treatment, at a place to which the employee has made a journey for that purpose.
“(6A) The amount of compensation that the employer is liable to pay in respect of the journey is:
(a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or
(b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:
where:
‘Specified rate per kilometre’ means such rate per kilometre as the Minister specifies by written notice under this paragraph in respect of journeys to which this paragraph applies;
‘Number of kilometres travelled’ means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).
“(6B) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of obtaining the treatment is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
“(7) Compensation is not payable under subsection (6) unless:
(a) in relation to a journey to which paragraph (6A)(a) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or
(b) in relation to a journey to which paragraph (6A)(b) applies—the reasonable length of such a journey exceeded 50 kilometres.”.
After “(6)” insert “, (6A), (6B)”.
Omit “this section”, substitute “subsection (3) or (4)”.
Omit “$1,889.60”, substitute “$3,500”.
Omit the subsection, substitute:
“(8) Subsection (7) does not apply to one or more of the following:
(a) the impairment constituted by the loss, or the loss of the use, of a finger;
(b) the impairment constituted by the loss, or the loss of the use, of a toe;
(c) the impairment constituted by the loss of the sense of taste;
(d) the impairment constituted by the loss of the sense of smell.”.
Omit “CERC Act”, substitute “
Safety Rehabilitation and Compensation Act 1988 ”.
Omit all the words after “examination of an employee”.
Insert:
“(6A) Subject to subsection (6C), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:
(a) making a journey necessary for the purpose of undergoing the examination;
(b) remaining, for the purpose of undergoing the examination, at a place to which the employee has made a journey for that purpose.
“(6B) The amount of compensation that the employer is liable to pay in respect of the journey is:
(a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or
(b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:
Specified rate per kilometre × Number of kilometres travelled where:
‘Specified rate per kilometre’ means such rate per kilometre as the Minister specifies by written notice under this paragraph in respect of journeys to which this paragraph applies;
‘Number of kilometres travelled’ means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).
“(6C) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of undergoing the examination is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
“(6D) Compensation is not payable under subsection (6A) unless:
(a) in relation to a journey to which paragraph (6B)(a) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or
(b) in relation to a journey to which paragraph (6B)(b) applies—the reasonable length of such a journey exceeded 50 kilometres.”.
Omit “subsection (6)”, substitute “subsections (6A), (6B), (6C) and (6D)”.
Insert:
“(2A) Subject to subsection (2C), the employer is liable to pay to the employee an amount of compensation in respect of expenditure reasonably incurred by the employee in doing either or both of the following:
(a) making a journey necessary for the purpose of undertaking the rehabilitation program;
(b) remaining, for the purpose of undertaking the program, at a place to which the employee has made a journey for that purpose.
“(2B) The amount of compensation that the employer is liable to pay in respect of the journey is:
(a) in relation to a journey by means of public transport or ambulance services—an amount equal to the expenditure reasonably incurred in undertaking that journey; or
(b) in relation to a journey by means of private motor vehicle—an amount worked out using the formula:
where:
‘Specified rate per kilometre’ means such rate per kilometre as the Minister specifies by written notice under this paragraph in respect of journeys to which this paragraph applies;
‘Number of kilometres travelled’ means the number of whole kilometres that the employer determines to have been the reasonable length of such a journey (including the return part of the journey).
“(2C) The amount of compensation that the employer is liable to pay in respect of the employee remaining at a place for the purpose of undertaking the rehabilitation program is an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
“(2D) Compensation is not payable under subsection (2A) unless:
(a) in relation to a journey to which paragraph (2B)(a) applies—the employee’s injury reasonably required the use of public transport or ambulance services (as the case may be) regardless of the distance involved; or
(b) in relation to a journey to which paragraph (2B)(b) applies—the reasonable length of such a journey exceeded 50 kilometres.
“(2E) In deciding questions arising under subsections (2A), (2B), (2C) and (2D), the employer must have regard to the following matters:
(a) the means of transport available to the employee for the journey;
(b) the route or routes by which the employee could have travelled;
(c) the accommodation available to the employee.”.
Omit “This section”, substitute “Subject to subsection (1A), this section”.
Insert:
“(1A) A reference in subsection (1) to compensation paid for the benefit of a dependant under this Act does not include a reference to compensation paid under subsection 29(5).”.
Repeal the section, substitute:
“65. If an amount is paid for the benefit of a dependant of a deceased employee under subsection 29(3) or (4), no other dependant of that employee is entitled to claim compensation under either of those subsections after the day on which that amount is so paid.”.
Insert:
“(1A) An employee must not be required to be examined by more than one legally qualified medical practitioner in any examination that the employee is required to undergo under subsection (1).”.
Omit the subsection.
Omit the subsection.
Omit the subsection, substitute:
“(3) At a meeting of the Authority:
(a) the quorum is formed by at least 3 members; and
(b) the following members must be present:
(i) at least one member referred to in paragraph 109(a) or (b); and
(ii) at least one member referred to in paragraph 109(c); and
(iii) at least one member referred to in paragraph 109(d).”.
Omit “and the Deputy Chairperson is present at the meeting”.
Omit the subsection.
Omit “policy or insurance”, substitute “policy of insurance”.
Omit “or”.
Omit the paragraph.
(a) After “10(1)(b),” insert “paragraph 28(6A)(b),”.
(b) After “44(3),” insert “paragraph 49(6B)(b) or 50(2B)(b), or subsection”.
Add at the end:
“(2) Before advising the Governor-General about the making of a regulation under subsection (1), the Minister must consult the Authority with respect to the following matters:
(a) the need to ensure that the Fund has adequate financial reserves for the purposes of its prudential management;
(b) reasonable estimates of the Fund’s present and future liabilities under the
Seafarers Rehabilitation and Compensation Act 1992 ;(c) the cost of administering the Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations under that Act.
“(3) A failure to consult as required by subsection (2) does not affect the validity of a regulation made under subsection (1).”.
Insert:
“
Omit “fact”, substitute “information”.
Omit “a fact or document”, substitute “information or a document”.
Omit “fact”, substitute “information”.
After “information” insert “or a document”.
Omit “fact”, substitute “information”.
Omit “a fact or document”, substitute “information or a document”.
Omit “fact”, substitute “information”.
After “information” insert “or a document”.
Omit “fact”, substitute “information”.
Insert:
“
Insert:
“241A. On and after the commencement of this section, any allocation of a number in respect of telecommunications services to be provided across a public telecommunications network must be made in accordance with section 242.”.
Omit the subsections, substitute:
“(3) If a person (including a carrier):
(a) is, or has been, allocated a number by AUSTEL under subsection (1); or
(b) is, or has been, otherwise allocated a number in respect of telecommunications services to be provided across a public telecommunications network; or
(c) otherwise controls the allocation of a number in respect of such telecommunications services;
the person may allocate that number to another person in respect of such telecommunications services only under this subsection.
“(4) An allocation of a number under subsection (1) or (3) must be made in accordance with:
(a) the policies set out in the national numbering plan; and
(b) any determination under section 242B applicable in relation to that number.”.
Insert (in Division 2 of Part 11):
“242A.(1) In this section:
“(2) This section applies to:
(a) the use, after this section commences, of numbers allocated before or after this section commences; and
(b) any further allocation, after this section commences, of numbers allocated before or after this section commences; and
(c) any allocation of numbers made after this section commences.
“(3) Subject to subsection (4), nothing in this Act or the
“(4) Such a fee may only be charged in accordance with:
(a) the policies set out in the national numbering plan; and
(b) any determination under section 242B applicable in relation to that number.
“242B.(1) In this section:
“(2) This section applies to:
(a) the use, after this section commences, of numbers allocated before or after this section commences; and
(b) any further allocation, after this section commences, of numbers allocated before or after this section commences; and
(c) any allocation of numbers made after this section commences.
“(3) AUSTEL may, in writing, determine conditions that are applicable in relation to any allocation or use of numbers to which this section applies.
“(4) A determination is a disallowable instrument for the purposes of section 46A of the
“(5) AUSTEL must not determine conditions that are inconsistent with the policies set out in the national numbering plan.
“(6) Without limiting subsection (3), AUSTEL may determine under that subsection conditions including:
(a) conditions relating to the prohibition of, or any restrictions on, the allocation or use of numbers; or
(b) conditions relating to the charging of fees in relation to the allocation or use of numbers.
Note 1: An example of a condition referred to in paragraph (6)(a) is a condition to the effect that a number which was allocated by a carrier to a user of telecommunications services provided by that carrier does not revert to that carrier merely because the user has elected to have the services provided by another carrier.
Note 2: An example of a condition referred to in paragraph (6)(b) is a condition specifying the basis on which a fee in relation to the allocation of a number is to be calculated. Another example of a condition referred to in that paragraph is a condition prohibiting the charging of fees in relation to classes of numbers.
Note 3: AUSTEL may issue directions to a carrier in respect of compliance of these conditions (see sections 39 and 46).”.
Omit “(d)”, substitute “(e)”.
1. On the day on which the
Navigation Act 1912 is amended by this Act, the heading to section 15 of that Act is altered by omitting “,seamen and pilots ” and substituting “and seamen ”.2. On the day on which the
Seafarers Rehabilitation and Compensation Act 1992 is amended by this Act, the heading to section 20 of that Act is altered by omitting “CERC Act employees ” and substituting “employees within the meaning of the Safety Rehabilitation and Compensation Act 1988 ”.
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Senate on 21 October 1993
House of Representatives on 25 November 1993
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