Admiralty Act 1988
No. 34, 1988
Compilation No. 22
Compilation date: 18 February 2022
Includes amendments up to: Act No. 3, 2022
Registered: 24 February 2022
About this compilation
This compilation
This is a compilation of the Admiralty Act 1988 that shows the text of the law as amended and in force on 18 February 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Maritime claims
5 Application
6 Certain rights not created or affected
7 External Territories
8 Act to bind Crown
Part II—Jurisdiction in Admiralty
9 Admiralty jurisdiction in personam
10 Jurisdiction of superior courts in respect of Admiralty actions in rem
11 Jurisdiction of other courts in respect of Admiralty actions in rem
12 Jurisdiction in associated matters
13 Restriction to Admiralty and maritime jurisdiction
Part III—Rights to proceed in Admiralty
14 Admiralty actions in rem to be commenced under this Act
15 Right to proceed in rem on maritime liens etc.
16 Right to proceed in rem on proprietary maritime claims
17 Right to proceed in rem on owner’s liabilities
18 Right to proceed in rem on demise charterer’s liabilities
19 Right to proceed in rem against surrogate ship
20 Service on and arrest of only one ship
21 Re‑arrest
22 Service and arrest out of jurisdiction
23 Service and Execution of Process Act not to apply
24 Proceeds
25 Limitation of liability under Liability Conventions
26 Proceedings under Civil Liability Convention
26A Proceedings in accordance with the Bunker Oil Convention
Part IV—Transfer and remittal of proceedings
Overview
The Admiralty Act 1988 (Cth) was enacted by the Australian Parliament to provide a comprehensive framework for admiralty and maritime jurisdiction in Australia. It was introduced to address the need for a unified legal system governing maritime disputes and claims, replacing the previously fragmented state-based admiralty laws. The Act establishes the jurisdiction of various courts, outlines the rights to proceed in admiralty actions, and sets out procedures for the arrest, detention, and sale of ships and other property in relation to maritime claims. The policy objective of the Act is to provide a consistent and efficient legal regime for resolving maritime disputes, ensuring fair treatment of all parties involved, and protecting the interests of shipowners, charterers, and other stakeholders in the maritime industry.
Scope and Application
The Admiralty Act 1988 applies to all maritime claims, wherever they arise, and in relation to all ships irrespective of the place of residence or domicile of their owners. The Act applies to maritime claims that include proprietary maritime claims (such as claims relating to the possession of a ship or a mortgage of a ship's freight) and general maritime claims (such as claims for damage done by a ship or claims in respect of the liability of the owner of a ship arising under the Protection of the Sea (Civil Liability) Act 1981). The Act applies in Australia, including its external Territories, but does not apply to claims arising in relation to an inland waterways vessel or the use or intended use of a ship on inland waters, unless the ship concerned is a foreign ship. The Act does not create new maritime liens or other charges and does not create causes of action that would not have existed if the Act had not been passed. The Act binds the Crown in all its capacities but does not permit a proceeding to be commenced as an action in rem against a government ship or government property, or the arrest, detention or sale of such property. The Act provides for the jurisdiction of various courts in relation to maritime claims and the procedures for actions in rem and in personam. It also includes provisions for the limitation of liability, the transfer and remittal of proceedings, and the enforcement and satisfaction of judgments. The Act is supported by subordinate instruments such as rules and regulations, which may be made by the Governor-General under the authority of the Act. The Act also repeals certain Imperial legislation, including the Colonial Courts of Admiralty Act 1890 and sections of the Merchant Shipping Act 1894.
Key Provisions
- The Admiralty Act 1988 outlines the legal framework for admiralty and maritime jurisdiction in Australia, providing provisions for jurisdiction, proceedings, and related matters. Section 9 confers jurisdiction on the Federal Court, the Federal Circuit and Family Court of Australia, and the courts of the States and Territories for proceedings commenced as actions in personam on maritime claims or claims for damage to a ship. Section 10 extends this jurisdiction to the Supreme Courts of the States and Territories for proceedings that may be commenced as actions in rem, while section 11 allows the Governor-General to declare additional State or Territory courts as having jurisdiction for such proceedings.
- The Act imposes several obligations on parties involved in maritime claims. For instance, section 14 mandates that any proceeding in admiralty or maritime jurisdiction must be commenced under this Act. Section 15 through Section 19 provide specific rights to proceed in rem (against the thing itself) for various maritime liens and claims, such as maritime liens, proprietary maritime claims, and liabilities of ship owners or charterers. Furthermore, sections like 25 and 26 impose specific procedural requirements for limitation of liability proceedings and proceedings under international conventions, respectively.
- Violations of the provisions in the Admiralty Act 1988 can result in civil and criminal consequences. While the Act does not explicitly detail penalties for all breaches, non-compliance with procedural requirements or misuse of the Act's provisions could potentially lead to penalties under other relevant legislation or common law. For example, unreasonably demanding excessive security or obtaining the arrest of a ship without good cause, as outlined in section 34, can result in liability for damages to affected parties. Additionally, the Rules made under this Act may prescribe penalties for offences against the Rules, with fines up to $1,000 for natural persons and $5,000 for corporations, as stipulated in section 41.
- Area of Law
- Admiralty & Maritime Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Jurisdiction in Admiralty
- Licensing & Registration
- Enforcement Powers
- Proceeds
- Limitation of Liability
- Tried without a Jury