Lighthouses Act 1970

Lighthouses

No. 106 of 1970

An Act to amend the Lighthouses Act 1911–1966.

[Assented to 4 November 1970]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Lighthouses Act 1970.

(2.) The Lighthouses Act 1911–1966 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Lighthouses Act 1911–1970.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title.

3. The title of the Principal Act is amended by omitting the words “and Buoys” and inserting in their stead the words “Buoys and other Marine Navigational Aids”.

Definitions.

4. Section 3 of the Principal Act is amended—

(a) by omitting the definitions of “Collector” and “Marine Marks” and inserting in their stead the following definitions:—

“‘Collector’ means any person who is a Collector for the purposes of the Customs Act 1901–1968 and any person who is authorized by the Minister, in writing, to collect light dues;

“‘Marine navigational aid’ means—

(a) a lighthouse, lightship, beacon or buoy; or

(b) any other structure, mark, device or apparatus that is an aid to marine navigation, including a radio beacon or an electronic aid, but not including any device or apparatus used, or for use, on a ship, not being a lightship;”; and

(b) by adding at the end thereof the following definition:—

“‘the International Convention for the Safety of Life at Sea’ means the International Convention for the Safety of Life at Sea, 1960, as affected by any amendment, other than an amendment not accepted by Australia, made under Article IX. of the Convention.”.

Application to Territories.

5. Section 4 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) This Act, other than sections 13 to 18 (inclusive), extends to—

(a) the Territory of Papua;

(b) the Territory of New Guinea;

(c) the Territory of Cocos (Keeling) Islands;

(d) the Coral Sea Islands Territory; and

(e) any other Territory of the Commonwealth not forming part of the Commonwealth to which the Governor-General by Proclamation declares that this Act shall extend.”.

6. Section 7 of the Principal Act is repealed and the following section inserted in its stead:—

Power to establish or alter lighthouses, &c.

“7. The Commonwealth may—

(a) establish and maintain lighthouses, lightships, beacons or buoys and, for the purpose of giving effect to the undertaking of the Commonwealth under Regulation 14 of Chapter V. of the International Convention for the Safety of Life at Sea, establish and maintain other marine navigational aids;

(b) add to, alter or remove any marine navigational aid the property of, or under the control of, the Commonwealth; and

(c) vary the character of any marine navigational aid the property of, or under the control of, the Commonwealth.”.

Protection from actions.

7. Section 12 of the Principal Act is amended by omitting the words “any lighthouse or marine mark” and inserting in their stead the words “, or by reason of any defect in, a marine navigational aid established or maintained by the Commonwealth”.

Injuring lighthouses, &c.

8. Section 19 of the Principal Act is amended by inserting in sub-section (1.), after paragraph (b), the following paragraph:—

“(bd) wilfully or negligently do anything which interferes with the operation of, or the use by a person of, a marine navigational aid the property of, or under the control of, the Commonwealth so as to hinder the effective operation, or use, of the aid;”.

Consequential amendments of Principal Act.

9. The Principal Act is amended as set out in the Schedule to this Act.

THE SCHEDULE Section 9.

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Amendments of the Principal Act