Transport Legislation Amendment Act 1995 (Cth)
[
The Parliament of Australia enacts:
(a) Part C of Schedule 1 (except items 4, 5 and 7);
(b) Parts D and F of Schedule 1.
(a) if the amendment commences on the first day of a financial year—it applies to that financial year and to subsequent financial years;
(b) if paragraph (a) does not apply—it applies to the first financial year that starts after the commencement of the amendment and to subsequent financial years.
(a) if the amendment commences on the first day of a financial year—it applies to that financial year and to subsequent financial years;
(b) if paragraph (a) does not apply—it applies to the first financial year that starts after the commencement of the amendment and to subsequent financial years.
AMENDMENTS OF ACTS
AMENDMENTS OF THE AIR NAVIGATION ACT 1920
Omit “, transfer”.
Omit “, transfer”.
Omit “international airline;”, substitute “international airline.”.
Omit the subparagraph.
AMENDMENTS OF THE AUDIT (TRANSITIONAL AND MISCELLANEOUS) AMENDMENT ACT 1995
Omit “Subsection 19(3)”, substitute “Subsection 18(3)”.
Omit the items.
AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990
Insert:
“2A. The main objects of this Act are:
(a) to promote maritime safety; and
(b) to protect the marine environment from:
(i) pollution from ships; and
(ii) other environmental damage caused by shipping; and
(c) to promote the efficient provision of services by the Authority.”.
Omit the subsection.
Insert:
“9A.(1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:
(a) the appropriate strategic direction of the Authority;
(b) the manner in which the Authority should perform its functions.
“(2) The Authority must, in performing its functions, take account of notices given to it under subsection (1).
“(3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).
“(4) The Authority must include in its annual report under section 63H of th
(a) a summary of notices given to the Authority, in that financial year, under subsection (1); and
(b) a summary of action taken in that financial year by the Authority because of notices given to the Authority under subsection (1) in that or any other financial year.
“9B.(1) In this section:
‘
“(2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.
“(3) The Authority must comply with a direction by the Minister under subsection (2).
“(4) The Authority must include in its annual report under section 63H of
Omit “The Authority must include in its annual report under section 63H of
Omit “The Authority must include in its annual report under section 63H of the
Insert:
“(3A) If the Minister is of the opinion that:
(a) the Authority has failed to comply with subsection 9B(3); or
(b) the members have failed to comply with subsection 25(4);
the Minister may terminate the appointment of all members or specified members.”.
Omit the subsection, substitute:
“(3A) If the Minister is of the opinion that:
(a) the Authority has failed to comply with section 9B of this Act; or
(b) the members have failed to comply with:
(i) subsection 25(4) of this Act; or
(ii) subsection 13(2) or 15(1) of the
Commonwealth Authorities and Companies Act 1995 ', or(iii) paragraph 16(1)(a) or (b) of the
Commonwealth Authorities and Companies Act 1995 ',
the Minister may terminate the appointment of all members or specified members.”.
Repeal the sections, substitute:
“25.(1) The members must prepare a corporate plan at least once a year and give it to the Minister.
“(2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.
“(3) The plan must cover a period of at least 3 years.
“(4) The members must keep the Minister informed about:
(a) significant changes to the plan; and
(b) matters that arise that might significantly affect the achievement of the objectives of the plan.
“(5) The plan must include details of the following matters:
(a) assumptions about the Authority’s operational environment;
(b) the Authority’s strategies;
(c) performance indicators for the Authority;
(c) review of performance against previous corporate plans;
(d) analysis of risk factors likely to affect safety in the maritime industry;
(e) human resource strategies and industrial relations strategies.
“(6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).
“(7) In preparing the plan, the members must take account of notices given under section 9A.
“26.(1) The Minister must respond to a corporate plan within 60 days of being given the plan.
“(2) The Minister’s response may include a direction to the members to vary the plan.
“(3) A direction under subsection (2) must be in writing and must set out its reasons.
“(4) If directing a variation of the corporate plan, the Minister must consider:
(a) the objectives and policies of the Commonwealth Government; and
(b) the objects of this Act; and
(c)any other considerations the Minister thinks appropriate.
“(5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.”.
Omit “preparing the financial plan, the Authority”, substitute “including details of the performance indicators for the Authority in the corporate plan, the members”.
Note: The heading to section 27 is altered by omitting “Financial targets and performance” and substituting “Performance”.
Omit the paragraph, substitute:
“(e) the performance of functions of the Authority that are directly funded by the Commonwealth; and”.
Omit the paragraphs.
Omit the paragraph, substitute:
“(k) any other consideration affecting the performance of the Authority that the members think appropriate.”.
Repeal the section.
Omit “tax; or”, substitute “tax.”.
Omit the paragraph.
Repeal the section.
Omit “financial targets and”.
Repeal the section, substitute:
“51.(1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.
“(2) The Chief Executive Officer is to be paid the allowances that are prescribed by the regulations.
“(3) This section has effect subject to the
“51A.(1) Subject to section 87E of the
“(2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.”.
Repeal the section, substitute:
“55. The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.”.
Omit “29 or 38,”.
AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983
Insert:
“20A.(1) The Minister may, from time to time, by notice in writing to the Commission, advise the Commission of his or her views in relation to the following matters:
(a) the appropriate strategic direction of the Commission;
(b) the manner in which the Commission should perform its functions.
“(2) The Commission must, in performing its functions, take account of notices given to it under subsection (1).
“(3) The Commission must, in developing objectives, strategies and policies under subsection 22(1), take account of notices given to it under subsection (1) of this section.
“(4) The Commission must include in the annual report for a financial year:
(a) a summary of notices given to the Commission, in that financial year, under subsection (1); and
(b) a summary of action taken by the Commission, in that financial year, because of notices given to the Commission under subsection (1) in that or any other financial year
SCHEDULE 1 —continued
“20B.(1) In this section:
“(2) The Minister may direct the Commission to give to a specified ministerial nominee any documents or information relating to the operations of the Commission that the nominee requests.
“(3) The Commission must comply with a direction by the Minister under subsection (2).
“(4) The Commission must include in the annual report for a financial year particulars of any directions given to the Commission by the Minister under subsection (2) in that financial year.”.
Insert:
“(3A) If:
(a) the Minister is of the opinion that the Commission has failed to comply with section 20B of this Act; and
(b) the Minister proposes that the appointment of all or specified Commissioners be terminated;
the Governor-General is to terminate the appointment of all Commissioners, or the specified Commissioners, as the case may be.”.
Omit the subsection, substitute:
“(1) The Managing Director is to be appointed by the Commission.”.
Omit “The Minister shall”, substitute “The Commission must”.
Omit “The Minister”, substitute “The Commission”.
Insert:
“(ia) a specified rate of return on the Commission’s assets; or”.
Add at the end:
“or”.
Insert:
“57A.(1) In this section:
“(2) The Commission must, before 1 March in each financial year, by notice in writing given to the Minister, recommend that the Commission pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year.
“(3) In making a recommendation, the Commission must have regard to:
(a) the need to ensure that the Commonwealth receives a reasonable return on the capital of the Commission used in the Commission’s operations in the financial year; and
(b) such other commercial matters as the Commission considers relevant.
“(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Commission, either:
(a) approve the recommendation; or
(b) give directions to the Commission in relation to the payment of an interim dividend.
“(5) If the Minister gives the Commission a direction under paragraph (4)(b), he or she must inform the Commission, by notice in writing, of the reasons for the direction.
“(6) If an interim dividend is approved or directed under subsection (4), the Authority must pay the interim dividend to the Commonwealth by 15 June in the financial year.”.
AMENDMENTS OF THE CIVIL AVIATION (CARRIERS’ LIABILITY) ACT 1959
Insert:
“11A.(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:
(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or
(b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or
(c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or
(d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.
“(2) In this section:
(a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or
(b) a carrier operating a non-scheduled international flight permitted under section 13A of the
Air Navigation Act 1920 ;
Insert:
“21A.(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:
(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or
(b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or
(c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or
(d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.
“(2) In this section:
(a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or
(b) a carrier operating a non-scheduled international flight permitted under section 13A of the
Air Navigation Act 1920 ;
Insert:
“
(a) between a place in a State and a place in another State; or
(b) between a place in a Territory and a place in Australia outside that Territory; or
(c) between a place in a Territory and another place in that Territory;
other than carriage to which Part 2 or 3 applies;”.
Omit “carrier”, substitute “domestic carrier”.
Omit “$100,000”, substitute “$500,000”.
Omit “$100,000”, substitute “$500,000”.
Omit the paragraph, substitute:
“(c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds $500,000—the amount so specified; or
(d) if, at the date of the accident, a regulation prescribing an amount was in force as mentioned in paragraph (b) but the contract of carriage under which the passenger was carried specified an amount that exceeds that amount as the limit of the carrier’s liability—the amount so specified.”.
Insert:
“(1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:
(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or
(b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or
(c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or
(d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.”.
PART F
AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986
Insert
“(2C) If the Minister is of the opinion that the Board has failed to comply with section 42B, the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer).”.
Insert in Part V:
“42A.(1) The Minister may, from time to time, by notice in writing to the Corporation, advise the Corporation of his or her views in relation to the following matters:
(a) the appropriate strategic direction of the Corporation;
(b) the manner in which the Corporation should perform its functions.
“(2) The Corporation must, in performing its functions, take account of notices given to it under subsection (1).
“(3) The Board must, in preparing each Corporate plan, take account of notices given to the Corporation under subsection (1).
“(4) The Corporation must include in the annual report for a financial year:
(a) a summary of notices given to the Corporation, in that financial year, under subsection (1); and
(b) a summary of action taken in that financial year by the Board or the Corporation because of notices given to the Corporation under subsection (1) in that or any other financial year.
“42B.(1) In this section:
‘
“(2) The Minister may direct the Board to give to a specified ministerial nominee any documents or information relating to the operations of the Corporation that the nominee requests.
“(3) The Board must comply with a direction by the Minister under subsection (2).
“(4) The Corporation must include in the annual report for a financial year particulars of any directions given to the Board by the Minister under subsection (2) in that financial year.”
Insert:
“46A.(1) In this section:
“(2) The Board must, before 1 March in each financial year, by notice in writing given to the Minister, recommend that the Corporation pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year.
“(3) In making a recommendation, the Board must have regard to:
(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e) and (f); and
(b) the extent of the Commonwealth’s equity in the Corporation; and
(c) such other commercial considerations as the Board considers fit.
“(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Board, either:
(a) approve the recommendation; or
(b) give directions to the Board in relation to the payment of an interim dividend.
“(5) The Minister must, in giving a notice under subsection (4), have regard to:
(a) the matters specified in paragraphs 39(1)(a), (c), (d), (e), (ea) and (f); and
(b) the extent of the Commonwealth’s equity in the Corporation; and
(c) such other commercial considerations the Minister thinks appropriate.
“(6) If an interim dividend is approved or directed under subsection (4), the Corporation must pay the interim dividend to the Commonwealth by 15 June in the financial year.”.
Omit “The Minister, after receiving a recommendation from the Board,”, substitute “The Board”.
AMENDMENTS OF THE MOTOR VEHICLE STANDARDS ACT 1989
Omit the definition.
Omit “after the commencement of section 18, or, if that section does not commence before 1 July 1989, on or after that date,”, substitute “on or after 1 July 1989”.
Omit “but does not include vehicles declared by the Minister in writing not to be road motor vehicles for the purposes of this Act;”.
Omit the definition, substitute:
“
Omit the definition, substitute:
“
(a) a road motor vehicle; or
(b) a road trailer; or
(c) a partly completed road motor vehicle;
but does not include vehicles which the Minister has determined, under section 5B, are not road vehicles;”.
Insert “or which is taken to comply with the national standards by virtue of an approval given under subsection 10A(2),” after “national standards,”.
Insert:
“
Omit the subsection.
Insert:
“5A. A reference in this Act to a ‘vehicle’ is to be taken as including a type or class of vehicles, unless otherwise specified.
“5B.(1) The Minister may determine, in writing, that vehicles of a particular class or description are not road vehicles for the purposes of this Act or of a specified provision of this Act.
“(2) The Minister may declare, in writing, that a vehicle is not a road vehicle for the purposes of this Act or of a specified provision of this Act.
“(3) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the
“(4) Declarations under subsection (2) are notifiable by publication in the
Repeal the section, substitute:
“7.(1) The Minister may determine, in writing, vehicle standards for road vehicles or vehicle components.
“(2) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the
Insert:
“7A.(1) In determining vehicle standards, the Minister may incorporate documents that set out standards:
(a) produced by the Economic Commission for Europe, the International Electrotechnical Commission, the International Organization for Standardization or the Standards Association of Australia or by any other organisation that is determined by the Minister; and
(b) in force from time to time.
“(2) Determinations under paragraph (l)(a) are disallowable instruments for the purposes of section 46A of the
Omit “to be observed by manufacturers and importers in”, substitute “and arrangements for”.
Omit the heading, substitute:
“
Repeal the section, substitute:
“10.(1) The Minister may determine, in writing, from time to time, procedures and arrangements for the placement of plates on road vehicles or vehicle components if approval has been given under subsection 10A(1), (2) or (3) for plates to be placed on the vehicles or vehicle components.
“(2) Without limiting the generality of subsection (1), the Minister may determine, in writing, procedure and arrangements in relation to identification plates, including procedures and arrangements with respect to:
(a) the categories of identification plates to be utilised; and
(b) the content, form and function of identification plates; and
(c) the nature, content, sources and format of evidence to be presented to establish whether, and to what extent, a road vehicle or vehicle component complies with the national standards; and
(d) the analysis, verification and supplementation of such evidence; and
(e) the manner in which partly completed road vehicles are to be provided for; and
(f) the manufacture and supply of identification plates; and
(g) the placement of identification plates; and
(h) the retention of records and information relevant to applications for, and the giving of, approvals under this section.
“(3) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the
“10A.(1) If road vehicles or vehicle components of a particular type comply with the national standards, the Minister must give written approval for identification plates to be placed on vehicles or components of that type.
“(2) If:
(a) road vehicles or vehicle components of a particular type do not comply with the national standards; but
(b) the Minister is satisfied that such noncompliance is only in minor and inconsequential respects;
the Minister may give written approval for identification plates to be placed on vehicles or components of that type.
“(3) If:
(a) road vehicles or vehicle components of a particular type do not comply with the national standards; and
(b) the Minister is satisfied that the noncompliance is not only in minor and inconsequential respects; but
(c) the Minister is satisfied that, despite the noncompliance, vehicles or components of that type are safe to use if specified conditions are observed;
the Minister may give written approval for identification plates to be placed on vehicles or components of that type.
“(4) Authority for the placement of identification plates may be subject to written conditions determined by the Minister.
“10B.(1) If the Minister:
(a) gives approval for the placement of identification plates on road vehicles or vehicle components under subsection 10A(1); and
(b) that approval is given subject to conditions determined under subsection 10A(4);
the Minister must provide, to the person to whom the approval is given, a statement specifying the conditions to be met.
“(2) If the Minister:
(a) gives approval for the placement of identification plates on road vehicles or vehicle components under subsection 10A(2) or (3); and
(b) that approval is given subject to conditions determined under subsection 10A(4);
the Minister must provide, to the person to whom the approval is given, a statement specifying:
(c) the national standard or standards with which the vehicle or the component does not comply; and
(d) the conditions to be met; and
(e) the reasons for the imposition of those conditions.
“(3) An approval given under subsection 10A(1), (2) or (3) must specify the subsection under which the approval was given and that the approval is a matter of public record.
“(4) An identification plate placed on a road vehicle or a vehicle component by virtue of an approval given under subsection 10A(3) must specify that:
(a) the vehicle is the nonstandard vehicle; and
(b) use of the vehicle may be subject to conditions, including conditions stated on the plate.”.
(a) Omit “a compliance” (wherever occurring), substitute “an identification”.
(b) Omit “compliance plates” (wherever occurring), substitute “identification plates”.
Repeal the section, substitute:
“12. It is an offence for a person:
(a) knowingly or recklessly to provide false or misleading information in an application for an authority to place an identification plate on a road vehicle or a vehicle component; or
(b) knowingly or recklessly to manufacture or supply, without authority, a device purporting to be an identification plate; or
(c) to place a device purporting to be an identification plate on a road vehicle or a vehicle component knowing the device is not such a plate or reckless as to whether it is such a plate or not; or
(d) knowingly or recklessly to place an identification plate on a road vehicle or a vehicle component in relation to which no authority for the placement of that plate has been given; or
(e) to place an identification plate on a road vehicle or a vehicle component in circumstances that, to the knowledge of the person, breaches the conditions for the placement of the plate fixed under subsection 10A(4).
Penalty: 120 penalty units.”.
(a) Omit “a compliance”, substitute “an identification”.
(b) Insert “procedures and” before “arrangements”.
(c) Omit “under the regulations”, substitute “determined under section 10”.
Insert:
“13A.(1) Subject to subsection (3), a person must not knowingly or recklessly modify a standard vehicle in a way that makes it nonstandard.
Penalty: 120 penalty units.
“(2) Subject to subsection (3), a person must not knowingly or recklessly hand over a standard vehicle to a person for modification, whether by that person or otherwise, in a way that makes it nonstandard.
Penalty: 120 penalty units.
“(3) A person may modify a standard vehicle in a way that makes it nonstandard, or hand over a new vehicle for such modification:
(a) in prescribed circumstances; or
(b) with the written approval of the Minister.
“(4) An approval given under subsection (3) may be subject to written conditions determined by the Minister.”.
Omit “subsection (2)”, substitute “section 14A”.
Omit “a compliance”, substitute “an identification”.
Omit the subsection.
Insert:
“14A.(1) A person may supply to the market a vehicle to which section 14 applies:
(a) in prescribed circumstances; or
(b) with the written approval of the Minister.
“(2) An approval given under subsection (1) may be subject to written conditions determined by the Minister.
“14B.(1) A person may supply a new vehicle to the market even though it does not comply with a local standard.
“(2) In this section:
‘
Omit “a compliance”, substitute “an identification”.
Repeal the section.
Omit “a compliance” (wherever occurring), substitute “an identification”.
Omit “a compliance”, substitute “an identification”.
Omit “a compliance”, substitute “an identification”.
Omit “a compliance”, substitute “an identification”.
Omit “a compliance”, substitute “an identification”.
Repeal the section.
Omit paragraphs (a) and (b), substitute:
“(a) the power to determine that vehicles of a particular class or description are not road motor vehicles under subsection 5B(1); and
(b) the power to determine national standards under section 7; and
(c) the power to determine the organisations whose documents may be incorporated under section 7A; and
(d) procedures and arrangements for determining whether road vehicles or vehicle components comply with this Act under section 9; and
(e) the power to determine procedures and arrangements for the placement of identification plates on road vehicles under section 10; and
(f) the power under section 11 to cancel an authority.”.
(a) Omit “a compliance” (wherever occurring), substitute “an identification”.
(b) Omit “compliance plates”, substitute “identification plates”.
Omit “and Orders under section 7”, substitute “, or determinations under section 7 or 10”.
Omit “or Orders under section 7”, substitute “, or determinations under section 7 or 10”.
Omit “or Orders under section 7 have”, substitute “, or determinations under section 7 or 10 have,”.
Omit “shall”, substitute “must”.
Omit “shall, unless the contrary intention is proved,”, insert “, unless the contrary intention is proved, is to”.
Omit “a compliance”, substitute “an identification”.
Insert “or a determination under this Act” after “regulations”.
(a) Omit “a compliance” (wherever occurring), substitute “an identification”.
(b) Insert “or a determination” after “the regulations”.
Omit “$1,000”, substitute “10 penalty units”.
AMENDMENTS OF THE NAVIGATION ACT 1912
Omit “of”, substitute “over”.
Insert:
“(6A) A seaman is not entitled to wages under this section by reason of an illness, hurt or injury, occurring after the day on which this subsection commences, if the seaman is entitled to compensation under Division 3 of Part 2 of the
“(6B) A seaman can be taken, for the purposes of subsection (6A), to be entitled to compensation under Division 3 of Part 2 of the
(a) has failed to give written notice of the illness, hurt or injury under section 62 of that Act; or
(b) has failed to make a claim for compensation under section 63 of that Act.
“(6C) If:
(a) a seaman is left on shore by reason of illness, hurt or injury; and
(b) the owner:
(i) considers the seaman is entitled to compensation under the
Seafarers Rehabilitation and Compensation Act 1992 ; and(ii) because of the operation of subsection (6A), intends not to pay wages in respect of any period during which the seaman is left on shore;
the owner must advise the seaman, by notice in writing given to the seaman, of that intention.
“(6D) A notice given under subsection (6C) is not to be taken as a determination of liability under section 73 of the
Insert:
“172A.(1) The master of a ship who is required by section 171 to keep an official log-book must, as soon as practicable after making an entry in relation to an occurrence under the code of conduct referred to in subsection 46(4A), report the recording of that occurrence to the Authority in accordance with regulations made under subsection (2).
“(2) The regulations may provide for the manner and time of reporting the making of an entry in the official log-book in relation to an occurrence referred to in subsection (1).”.
Penalty: 10 penalty units.
Omit all the words after “Annex 11”, substitute:
“is set forth in Schedule 4):
(a) as affected, after the date on which the Protocol of 1988 relating to the Load Line Convention enters into force for Australia, by that Protocol; and
(b) as also affected by any amendment, other than an amendment not accepted by Australia, made under section 29 of the Convention”.
Omit all the words after “is set forth”, substitute:
“in Schedule 1):
(a) as affected, after the respective dates on which:
(i) the Protocol of 1978 relating to the Safety Convention; and
(ii) the Protocol of 1988 relating to the Safety Convention; enter into force for Australia—by each of those Protocols; and
(b) as also affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention”.
Omit the definition.
Omit the definition.
Omit the definition.
Insert:
“
Omit “, or the Protocol of 1978 relating to the Safety Convention,”.
Insert:
“190AB.(1) The Authority may publish, in the manner prescribed, such information derived about a ship:
(a) during an inspection or survey of that ship under section 190AA; or
(b) during an inspection or survey of that ship conducted otherwise than under this Act; or
(c) otherwise than by an inspection or survey; as is prescribed.
“(2) The regulations may make provision for:
(a) the manner in which information derived:
(i) during an inspection or survey; or
(ii) otherwise than by inspection or survey; will be published; and
(b) the nature of the information that will be published; and
(c) the time at which the publication of information will occur.”.
Repeal the section, substitute:
“196. The master of a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship.
Penalty: 5 penalty units.”.
Omit “Subsection 6(3)”, substitute “Section 25C of the
Omit “radiotelegraphy or radiotelephony”, substitute “radio”.
(a) Omit “radiotelegraphy or radiotelephony”, substitute “radio”.
(b) Omit “a cargo ship safety radiotelegraphy or a cargo ship safety radiotelephony certificate, as the case requires”, substitute “a cargo ship safety radio certificate”.
Insert:
“206GA. If, in respect of a steamship registered in Australia, the Authority is satisfied that it could issue:
(a) a cargo ship safety construction certificate under subsection 206E(1); and
(b) a cargo ship safety equipment certificate under section 206F; and
(c) a cargo ship safety radio certificate under section 206G;
it may issue, in the prescribed form, a cargo ship safety certificate in respect of the ship.”.
Insert “or to authorise the issue of, or to endorse or to authorise the endorsement of” after “issue” (first occurring).
Insert “or authorise the issue of, or endorse or authorise the endorsement of” after “issue”.
Insert “or endorsed” after “issued” (wherever occurring).
Insert “or authorise the issue of, or endorse or authorise the endorsement of,” after “issue” (wherever occurring).
Insert “or endorsed” after “issued” (first occurring).
Insert “or endorsed” after “issued”.
(a) Insert “or endorsed” after “issued”.
(b) Insert “or its endorsement” after “issue”.
Repeal the section, substitute:
“206N.(1) Subject to this Act, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety certificate, an exemption certificate, a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate remains in force for the period specified in the certificate.
“(2) The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.”.
Repeal the section, substitute:
“206P. The regulations may provide for the extension of certificates in a manner and for the duration set out in Regulation 14 of Chapter 1 of the Safety Convention.”.
Repeal the section, substitute:
“206Q. The master of a ship in respect of which a certificate has been issued under this Division must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship.
Penalty: 5 penalty units.”.
Omit the subparagraph, substitute:
“(iii) a cargo ship safety radio certificate;”.
Omit “(1966)”.
Omit “(1966)”.
Omit the subsection, substitute:
“(1) Subject to this Act, an international load line certificate, an international load line exemption certificate or an Australian load line certificate remains in force for the period specified in the certificate.
“(1A) The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.”.
Omit the subsection.
Omit the penalty, substitute:
“Penalty: 10 penalty units.”.
Omit “(1966)”.
(a) Insert “or authorise the issue of, or to endorse or authorise the endorsement of,” after “issue” (first occurring).
(b) Insert “or authorise the issue of, or to endorse or authorise the endorsement of,” after “issue” (second occurring).
Insert “or endorsed” after “issued” (wherever occurring).
Omit “(1966)”.
Omit the definition.
Insert:
“
(a) that is referred to in section 315; and
(b) the terms of which are set out in Part B of Schedule 9;
Add:
“(2) A reference in this Part to Division 3 includes a reference to the provision having the force of law under section 315.”.
Omit “Divisions 3 and 4”, substitute “Division 3”.
Omit “Divisions 3 and 4”, substitute “Division 3”.
Insert in Division 2 of Part VII:
“314A.(1) If a ship or part of a ship is wrecked, stranded, sunk or abandoned on or near the coast of Australia, the Authority has, in regard thereto, the following powers:
(a) to require the owner thereof, by notice in writing, to remove the wreck, or a specified part of the wreck, within a time specified in the notice, or give security for such removal to its satisfaction;
(b) in the event of the owner not complying with such notice, to remove or to destroy the wreck, or the part of the wreck, as the case may be, in any manner it sees fit;
(c) to sell any wreck, or a part of any wreck, recovered under its orders, and out of the proceeds of the sale:
(i) to retain a sum to cover the expenses incurred in the recovery and sale of the wreck or the part of the wreck; and
(ii) to pay the surplus (if any) to the owner;
(d) to recover from the owner any expenses incurred by it in connection with such removal or destruction.
“(2) For the purposes of this section:
‘
“(3) The provisions of subsection (1) have effect in relation to a wreck that is a historic wreck despite anything contained in the
(a) saving human life; or
(b) securing the safe navigation of ships; or
(c) dealing with an emergency involving a serious threat to the environment.
“(4) The Authority shall not exercise any of the powers referred to in subsection (1) in relation to a wreck to which subsection 295B(1) applies unless in its opinion it is necessary to do so for the purpose of:
(a) saving human life; or
(b) securing the safe navigation of ships; or
(c) dealing with an emergency involving a serious threat to the environment.
“(5) Section 2 does not have effect in relation to this section.”
Repeal the sections, substitute:
“315. Articles 6 to 8, 12 to 19, 21 to 22, 26 and 30 of the Salvage Convention and the common understanding concerning Articles 13 and 14 of the Salvage Convention have the force of law in Australia.
“316.(1) Subject to subsections (2) and (3), this Division applies whenever judicial or arbitral proceedings relating to the provision of salvage operations are brought in Australia.
“(2) The Division does not apply to:
(a) off-shore industry fixed structures; or
(b) off-shore industry mobile units;
that are on location engaged in the exploration for, or the exploitation or production, of natural resources.
“(3) This Division does not apply to any salvage operation:
(a) that takes place in inland waters and that involves vessels all of which are of inland navigation; or
(b) that takes place in inland waters and does not involve a vessel; or
(c) to the extent that it involves property:
(i) that is maritime cultural property of prehistoric, archaeological or historic interest; and
(ii) that is situated on the seabed.
“317. Unless otherwise specified, section 2 does not apply to this Division.”.
(a) Omit “a fine not exceeding $20,000 or”.
(b) Omit “or both”.
Omit “salvage”, substitute “make a claim in respect of a salvage operation”.
Repeal the Division.
Repeal the Division.
Omit the heading.
Repeal the section.
SCHEDULE 1 —continued
(a) Omit "Divisions 2 and 6, and sections 321, 322, 323 and 324”, substitute “Division 2”.
(b) Omit “services rendered”, substitute “operations conducted”.
(c) Omit “in saving” (wherever occurring), substitute “to save”.
(d) Omit “assisting”, substitute “to assist".
Add:
“(3) In this section:
(a) Omit “Where salvage services are rendered”, substitute “If salvage operations are conducted”.
(b) Omit “salvage”, substitute “payment”.
(c) Omit “services” (second occurring), substitute “operations”.
(a) Omit “services” (wherever occurring), substitute “operations”.
(b) Omit “rendered”, substitute “conducted”.
(a) Omit “services rendered” (wherever occurring), substitute “operations conducted”.
(b) Omit “services so rendered”, substitute “operations so conducted”.
(c) Omit “services may”, substitute “operations may”.
Insert in Division 2 of Part X:
“385. In this Division, unless the contrary intention appears:
‘
(g) the risk of liability and other risks run by the salvors or their equipment;
(h) the promptness of the services rendered;
(i) the availability and use of vessels or other equipment intended for salvage operations;
(j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.
2. Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward
has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.
3. The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.
Article 14
1. If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.
2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30% of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100% of the expenses incurred by the salvor.
3. Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).
4. The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.
5. If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.
6. Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.
Article 15
1. The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.
2. The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.
Article 16
1. No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.
2. A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.
Article 17
No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.
Article 18
A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that the salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.
Article 19
Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.
Article 20
1. Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.
2. The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.
Article 21
1. Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.
2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.
3. The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.
Article 22
1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.
2. In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.
Article 23
1. Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.
2. The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimaint. This period may in the like manner be further extended.
3. An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.
Article 24
The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.
Article 25
Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.
Article 26
No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.
Article 27
States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.
Article 28
1. This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.
2. States may express their consent to be bound by this Convention by:
(a) signature without reservation as to ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(c).accession
. 3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
Article 29
1. This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.
2. For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.
Article 30
1. Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention:
(a) when the salvage operation takes place in inland waters and all vessels involved arc of inland navigation;
(b) when the salvage operations take place in inland waters and no vessel is involved;
(a) when all interested parties arc nationals of that State;
(b) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.
2. Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.
Article 31
1. This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.
2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.
3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.
Article 32
1. A conference for the purpose of revising or amending this Convention may be convened by the Organization.
2. The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.
3. Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.
Article 33
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;
(ii) the date of the entry into force of this Convention;
(iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;
(iv) any amendment adopted in conformity with article 32;
(v) the receipt of any reservation, declaration or notification made under this Convention;
(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.
3. As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Article 34
This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.
DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.
It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.”.
1. On the commencement of item 15 of Part G of Schedule 1, the heading to section 11 of the
Motor Vehicle Standards Act 1987 is omitted and the following heading is substituted:“
Withdrawal of identification plate authority ”.2. On the commencement of item 17 of Part G of Schedule 1, the heading to section 13 of the
Motor Vehicle Standards Act 1987 is omitted and the following heading is substituted:“
Vehicles taken to have identification plates ”.3. On the commencement of item 15 of Part H of Schedule 1, the heading to section 206G of the
Navigation Act 1912 is omitted and the following heading is substituted:“
Cargo steamships—safety radio certificates ”.4. A denunciation shall take effect one year, or such longer period
Navigation Act 1912 is omitted and the following heading is substituted:“
Particulars in certificate to be entered in log-book ”.5
. On the commencement of item 55 of Part H of Schedule 1, the heading to section 386A of theNavigation Act 1912 is omitted and the following heading is substituted:“
Impairment of person’s capacity to carry out duties as master or seaman ”.6. On the commencement of Schedule 3, the heading to section 110 of the
Navigation Act 1912 is omitted and the following heading is substituted:“
Return of foreign-going seaman to ship ”.
[
House of Representatives on 28 February 1995
Senate on 8 March 1995
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