Acts of Parliament assented to - Act No. 34 to 42 of 2017

Overview

The Biosecurity Amendment (Ballast Water and Other Measures) Act 2017 was assented to on 17 May 2017, amending the Biosecurity Act 2015 to address the issue of ballast water management and other biosecurity measures. This Act was introduced to strengthen Australia's biosecurity framework by ensuring the effective management of risks posed by ballast water, which can introduce invasive species into Australian waters. The policy objective is to safeguard Australia's environment, agriculture, and economy from potential biosecurity threats. The enacting body was the Parliament of Australia, comprising both the Senate and the House of Representatives. The Act aims to enhance the existing biosecurity regime to better protect the nation from invasive species and other biosecurity risks.

Scope and Application

The Biosecurity Amendment (Ballast Water and Other Measures) Act 2017 applies to all individuals and entities involved in maritime activities within Australia, focusing on the management and control of ballast water to prevent the introduction and spread of potentially harmful aquatic organisms. This Act extends to all waters under Australian jurisdiction, including territorial seas, and applies to ships that have ballast water management systems. The Act includes provisions for the creation of regulations that may specify additional requirements and measures for ballast water management, thereby extending its application through subordinate instruments. Certain exemptions may apply based on specific circumstances, such as scientific research or other statutory exemptions, but these are narrowly defined to ensure the primary objective of protecting Australia's marine environment is met. The Protection of the Sea (Prevention of Pollution from Ships) Amendment (Polar Code) Act 2017 amends the existing Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to incorporate the International Code for Ships Operating in Polar Waters, known as the Polar Code, into Australian law. This Act applies to all ships that are subject to the Polar Code, which includes vessels operating in Antarctic waters and Arctic waters, and ensures that these vessels comply with stringent environmental protection standards. The Act's application is broad, encompassing all ships registered in Australia or operated by Australian citizens or companies, regardless of their location. The Act does not specify exclusions but leaves room for regulations to address specific operational contexts or ship types, thereby ensuring comprehensive coverage and effective implementation through subordinate legislation.

Key Provisions

The Biosecurity Amendment (Ballast Water and Other Measures) Act 2017 (No. 34 of 2017) introduces several amendments to the Biosecurity Act 2015. It mandates new measures for the management of ballast water in ships to prevent the introduction of invasive marine species (s 12). This includes requirements for ships to implement ballast water management plans and to comply with international standards (s 13). The Act also updates provisions related to the entry of goods into Australia, aiming to improve biosecurity controls (s 14). The legislative changes are designed to enhance the protection of Australia's marine ecosystems and agricultural industries from potential threats posed by invasive species. The Crimes Amendment (Penalty Unit) Act 2017 (No. 35 of 2017) makes significant amendments to the Crimes Act 1914. It introduces a new penalty unit system, replacing the previous monetary system used for fines and penalties in criminal offences (s 10). This new system ensures consistency and transparency in the calculation of penalties by aligning them with the Consumer Price Index (s 11). The Act also updates various sections of the Crimes Act to reflect the new penalty unit framework, ensuring that all penalties prescribed under the Act are consistent and easily understandable (s 12). The Disability Services Amendment (Linking Upper Age Limits for Disability Employment Services to Pension Age) Act 2017 (No. 36 of 2017) amends the Disability Services Act 1986. It introduces changes to the age limits for eligibility for disability employment services, aligning these limits with the age at which individuals become eligible for the Age Pension (s 8). This amendment ensures that individuals with disabilities have access to employment services for a consistent period, regardless of changes in pension eligibility (s 9). The Act also includes provisions to support the transition to these new age limits and ensure that services are provided in a timely and effective manner (s 10). The Personal Property Securities Amendment (PPS Leases) Act 2017 (No. 39 of 2017) introduces amendments to the Personal Property Securities Act 2009. It provides for the registration of leases of personal property, creating a new regime for leasing transactions (s 5). This amendment aims to enhance the transparency and security of leasing arrangements by providing a publicly accessible register of lease agreements (s 6). The Act outlines the procedures for registering and enforcing lease interests, ensuring that lessors and lessees have clear rights and responsibilities (s 7). The Protection of the Sea (Prevention of Pollution from Ships) Amendment (Polar Code) Act 2017 (No. 40 of 2017) amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. It incorporates the International Code for Ships Operating in Polar Waters, known as the Polar Code, into Australian law (s 4). This amendment aims to enhance the safety of shipping in polar regions and to prevent pollution from ships operating in these sensitive environments (s 5). The Act requires compliance with the Polar Code for vessels operating in polar waters and sets out penalties for non-compliance (s 6).