Australian Coastal Shipping Commission Act 1968

Overview

The Australian Coastal Shipping Commission Act 1968 was enacted to amend certain sections of the Australian Coastal Shipping Commission Act 1956–1966, addressing the need for enhanced regulatory powers and operational flexibility for the Australian Coastal Shipping Commission. This Act was assented to on 9 December 1968 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary policy objective of this legislation was to empower the Commission to engage in various business activities such as forming companies, acquiring shares, entering partnerships, and acting as agents for other shipping services, subject to ministerial approval, thereby facilitating more effective management and regulation of coastal shipping services.

Scope and Application

The Australian Coastal Shipping Commission Act 1968 applies to the Australian Coastal Shipping Commission and modifies certain sections of the Australian Coastal Shipping Commission Act 1956–1966. It provides the Commission with additional powers and duties, particularly in relation to overseas shipping services. The Act extends to the entire Commonwealth of Australia, including its territories, and allows the Commission to engage in activities that it was previously prohibited from doing, such as participating in the formation of an incorporated company, acquiring shares in such a company, entering into partnerships, and arranging for the sharing of receipts, subject to the approval of the Minister. The Act also allows the Commission to act as an agent for other persons operating shipping services between Australia and other countries and mandates that any charges for these services must be approved by the Minister. The Act’s provisions apply nationally and the scope of its application can be further defined or extended through subordinate instruments.

Key Provisions

The Australian Coastal Shipping Commission Act 1968 primarily serves to amend the Australian Coastal Shipping Commission Act 1956–1966 (Principal Act). Under section 3, the Act expands the powers of the Commission, allowing it, subject to ministerial approval, to participate in the formation of an incorporated company, acquire shares or stock in such companies, enter into partnerships, and arrange for the sharing of receipts (subsection 2(aa)). The Act also grants the Commission the authority to act as an agent for other persons operating shipping services between Australia and other countries or between Australian territories and other countries, or incidental to such services (subsection 2(2a)). Furthermore, it stipulates that if a company in which the Commission holds shares undergoes changes in its memorandum or articles of association that allow it to perform acts beyond the Commission’s powers, the Commission must dispose of its shares or stock as soon as practicable (subsection 2(2c)). In terms of obligations, the Commission must adhere to the conditions set forth in section 4 of the Act. This section mandates that the Commission’s overseas shipping services can be governed by policies or rates established through agreements or arrangements with other shipping service providers, provided these are approved by the Minister. Such overseas shipping services are defined as those between a place in the Commonwealth or its territories and a place in another country (subsection 4). Moreover, under section 5, the Minister is required to consider the Commission’s duties and the provisions of any relevant agreements or arrangements when exercising his powers to approve charges for these services. The Act imposes penalties and consequences for breaches through its implied legal framework. While the Act does not explicitly outline specific offences or penalties, breaches of the Commission’s powers, duties, or ministerial approvals may lead to legal actions under other relevant Australian laws, such as the Trade Practices Act 1965–1967, which is referenced in the Third Schedule of the Principal Act. The penalties for violations under these acts can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the applicable law.