Bounty (Ships) Amendment Act 1982

Overview

The Bounty (Ships) Amendment Act 1982, enacted by the Parliament of Australia, serves to amend the Bounty (Ships) Act 1980. This legislative amendment was introduced to address gaps and refine the criteria of vessels eligible for bounty under the principal Act. The purpose of this amendment was to adjust the definition of a "bountiable vessel" to more accurately reflect the scope of vessels that should qualify for the financial incentives provided by the Act. The Act was designed to ensure that the bounty scheme remains effective and relevant to the changing maritime industry landscape, particularly in relation to vessel size and type. The Bounty (Ships) Amendment Act 1982, by amending the definition of "bountiable vessel" to exclude certain fishing vessels and to include vessels of 150 gross construction tons or less, aims to streamline and modernise the criteria for vessels eligible for the bounty. This legislative change reflects a policy objective to support and encourage the use of smaller vessels within the maritime industry, aligning with broader economic and environmental goals.

Scope and Application

The Bounty (Ships) Amendment Act 1982 amends the Bounty (Ships) Act 1980, providing specific adjustments to the definition of a "bountiable vessel" to ensure that the Act applies to vessels of 150 gross construction tons or less, excluding fishing vessels with a length exceeding 21 metres on the designed load waterline. This Act applies to any person or entity that owns or operates a vessel within the parameters set out by the amended definition. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, thereby applying across Australia. The Act does not explicitly state exclusions or exemptions but implicitly excludes fishing vessels over 21 metres in length from its purview. The scope of the Act may be further extended or restricted through subordinate instruments, which are not detailed in the primary text of the Act itself.

Key Provisions

The Bounty (Ships) Amendment Act 1982 amends the Bounty (Ships) Act 1980, which is referred to as the Principal Act. The Act modifies the definition of "bountiable vessel" by removing paragraphs (f) and (g) and replacing them with a new provision. Specifically, section 3 of the Principal Act is amended to define a "bountiable vessel" as one that is 150 gross construction tons or less, and not a fishing vessel exceeding 21 metres in length on the designed load waterline. This change is intended to refine the eligibility criteria for vessels that may qualify for bounty benefits under the Act. The Bounty (Ships) Amendment Act 1982 imposes specific obligations on parties and entities governed by the Act. For example, vessels seeking to qualify as "bountiable vessels" must now adhere to the updated criteria regarding their gross construction tonnage and length. This includes ensuring that any vessel intended for bounty benefits does not exceed the specified limits. Additionally, entities involved in the administration or application of the bounty benefits must comply with the new definition to correctly identify eligible vessels. Failure to comply with the requirements of the Bounty (Ships) Amendment Act 1982 may result in legal consequences. Although the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, the broader legislative framework and associated regulations may impose sanctions. Non-compliance could lead to the denial of bounty benefits for the vessels in question, and potentially other administrative or legal repercussions depending on the context and severity of the breach.