Transport Legislation Amendment Act 1991

Overview

The Transport Legislation Amendment Act 1991No. 101 of 1991 was enacted by the Parliament of Australia to amend several existing Acts concerning transport and the prevention of sea pollution. The Act was assented to on 27 June 1991. The primary aim of this legislation is to update and refine the legal frameworks governing maritime safety, civil aviation, and the prevention of pollution from ships, thereby addressing gaps and modernising provisions to align with contemporary regulatory needs and international standards. This Act includes amendments to the Australian Maritime Safety Authority Act 1990, the Australian National Railways Commission Act 1983, the Civil Aviation Act 1988, the Federal Airports Corporation Act 1986, and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, among others. These amendments introduce new provisions related to investigatory powers, service on ship masters or owners, increased penalties, and updates to existing schedules and interpretations to reflect changes in international maritime law and environmental standards.

Scope and Application

The Transport Legislation Amendment Act 1991 is a Commonwealth Act that amends several pieces of transport legislation, including the Australian Maritime Safety Authority Act 1990, the Australian National Railways Commission Act 1983, the Civil Aviation Act 1988, the Federal Airports Corporation Act 1986, and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The Act applies to various persons, entities, and industries within the scope of these Acts, including the Australian Maritime Safety Authority, the Australian National Railways Commission, the Civil Aviation Authority, the Federal Airports Corporation, and ship owners and operators. The Act introduces new provisions related to leave of absence, termination of appointments, and the appointment and powers of investigators for civil aviation activities, as well as amendments to penalties and the service of documents under the Protection of the Sea Act. The Act extends its application through subordinate instruments, such as regulations and warrants. There are no stated exclusions or thresholds within the Act itself, but certain provisions may be subject to exclusions or thresholds in the subordinate instruments or other relevant legislation.

Key Provisions

• The Transport Legislation Amendment Act 1991, No. 101, amends various transport-related statutes to update and enhance regulatory frameworks, primarily focusing on the Australian Maritime Safety Authority Act 1990, the Australian National Railways Commission Act 1983, the Civil Aviation Act 1988, the Federal Airports Corporation Act 1986, and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The Act introduces new provisions regarding leave of absence, termination of appointments, and the application of certain provisions of the Compensation (Commonwealth Government Employees) Act 1971 to transferred employees. Additionally, it grants the Australian Transport Safety Bureau enhanced investigation powers and increases penalties for violations related to the prevention of pollution from ships.
• Under this Act, the Australian Maritime Safety Authority Act 1990 is amended to redefine the recreation leave entitlements of full-time Chairpersons and to specify the conditions under which the Minister can grant leave of absence, other than recreation leave. The Act also revises the terms for the termination of appointments of Chairpersons.
• The Australian National Railways Commission Act 1983 is amended to update references to certain superannuation boards and to align the application of provisions from the Compensation (Commonwealth Government Employees) Act 1971.
• The Civil Aviation Act 1988 is amended to introduce new investigation powers for the Civil Aviation Authority, including the ability to search premises, inspect documents, and seize evidence. Investigators are required to possess identity cards, and the Act outlines procedures for obtaining warrants for entry and search, as well as for the seizure of evidence.
• The Federal Airports Corporation Act 1986 is amended to expand the functions of the Corporation to include the provision of airport security at Federal airports and to revise the reporting requirements.
• The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 is amended to increase penalties for various offences, including those related to the discharge of oil, garbage, and other harmful substances from ships. The Act also updates the list of special areas where stricter pollution control measures apply.
• The Act imposes several obligations on the parties it governs. For example, investigators under the Civil Aviation Act 1988 must carry identity cards and are required to return these upon ceasing to be an investigator. The Act also mandates that the Federal Airports Corporation provide airport security at Federal airports and that the Australian Transport Safety Bureau is granted specific powers to investigate compliance with aviation safety regulations.
• Breaches of the Act can result in significant civil and criminal penalties. For instance, failure to comply with requirements under the Civil Aviation Act 1988, such as answering questions or producing documents, can result in a penalty of up to $3,000. Similarly, under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, penalties for non-compliance with pollution prevention measures have been increased, with fines up to $200,000 for serious offences and up to $20,000 for less severe infractions. Additionally, the Act specifies that evidence obtained through certain investigative powers cannot be used in criminal proceedings against the person from whom it was obtained, except for proceedings related to the offence for which it was obtained.

Legal classification tags

Area of Law

Environmental Law

Administrative Law

Instrument

Act

Concepts

Commencement Provisions

Regulatory Standards

Offence Provisions

Reporting & Disclosure Obligations

Enforcement Powers

Delegated & Subordinate Legislation

Licensing & Registration

Transitional Provisions