EXPLANATORY STATEMENT
Issued under the authority of the Minister for Infrastructure and Transport
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013
The purpose of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013 (the Declaration) is to declare that the laws listed in section 4 of the Declaration are corresponding State-Territory law.
Background
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act) is a component of the national transport reform package, which is intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries.
The National Law Act introduces a new National Law for the regulation of domestic commercial vessel safety and establishes a National Marine Safety Regulator (the National Regulator).
The National Law Act will apply the Marine Safety (Domestic Commercial Vessel) National Law (the National Law) set out at Schedule 1 to the National Law Act as Commonwealth law to the extent of its Commonwealth constitutional power. The States and the Northern Territory have also passed laws applying the National Law as a law of their respective jurisdictions to cover the 'gap' in constitutional power so that a uniform national law regulates marine safety aspects of domestic commercial vessels.
The policy basis for the National Law derives from the Council of Australian Governments Inter-Governmental Agreement (IGA) on Commercial Vessel Safety Reforms, signed on 19 August 2011. The IGA also determined that the Australian Maritime Safety Authority will be the National Regulator.
Further details of the Declaration are set out in the Attachment.
The Act specifies no conditions that need to be satisfied before the power to make the Declaration may be exercised.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation was consulted in the development of this Declaration and a Regulation Impact Statement exemption was granted on
2 May 2013 (reference 14031).
The proposed Declaration commences on 1 July 2013, to coincide with the commencement of the Act.
Consultation
Consultation has been undertaken on the development of this Declaration with the States and the Northern Territory through the Maritime Agencies Forum which represents the agencies that will be responsible for implementing the National Law as delegates of the National Regulator. Further consultation was not considered necessary as this Declaration is largely administrative in character and does not affect the policy to be implemented by the National Law.
Authority: Subsection 12(1) of the
Marine Safety (Domestic
Commercial Vessel)
National Law Act 2012
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Declaration is to declare the laws set out at section 4 to be corresponding State-Territory law under subsection 12(1) of the National Law Act.
The Declaration is an operational tool to enliven sections 13 to 16 of the National Law Act. These sections provide for the interaction between the National Law Act and the State and Northern Territory laws, listed at section 4 of the Declaration.
The National Law Act is a component of the national transport reform package, which is intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries.
The National Law Act introduces a new National Law for the regulation of domestic commercial vessel safety and establishes a National Marine Safety Regulator (the National Regulator).
The National Law Act will apply the Marine Safety (Domestic Commercial Vessel) National Law (the National Law) set out at Schedule 1 to the National Law Act as Commonwealth law to the extent of its Commonwealth constitutional power. The States and the Northern Territory have also passed laws applying the National Law as a law of their respective jurisdictions to cover the 'gap' in constitutional power so that a uniform national law regulates marine safety aspects of domestic commercial vessels.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Infrastructure and Transport, the Hon Anthony Albanese MP
ATTACHMENT
Details of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013
Section 1 – Name of Declaration
Section 1 sets out the title of the Declaration which is the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013.
Section 2 – Commencement
Section 2 provides for the Declaration to commence on 1 July 2013, to coincide with the commencement of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Section 3 – Definitions
Section 3 provides for defined terms to be used in the Declaration and gives a shortened reference to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Section 4 – Declaration
Section 4 sets out the corresponding State-Territory law for the purposes of subsection 12(1) of the National Law Act.
The Declaration will enliven sections 13 to 16 of the National Law Act. These sections provide for the interaction between the National Law Act and the State and Northern Territory laws set out in the table.
The Declaration does not yet include laws for Queensland or Western Australia as they have not yet introduced application legislation. The Australian Maritime Safety Authority is working separately with those States to provide for administration of the National Law until their application legislation is made.