EXPLANATORY STATEMENT
Subject - Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2023
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act) provides a national regulatory framework for the domestic commercial vessel industry across Australia.
The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory Law) Declaration 2013 (the 2013 Declaration) was made under subsection 12(1) of the National Law Act to set out the specific state or territory law that corresponds to the National Law Act.
The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory Law) Declaration 2023 (the Declaration) repeals and replaces the 2013 Declaration [F2013L00970].
The Declaration remakes the 2013 Declaration in substantially the same form, however adds the Queensland legislation, the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, which was not in force when the 2013 Declaration was made.
Consultation with relevant state and territory agencies occurred in July 2023.
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Impact Assessment was consulted in the development of this Declaration and a Regulation Impact Statement exemption was granted on
27 July 2023 (reference OIA23-05276).
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 2023
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 6 to be corresponding State-Territory laws under subsection 12(1) of the National Law Act.
The term ‘corresponding State-Territory law’ is used in certain provisions of the National Law Act, including sections 11 to 16. The Declaration specifies the relevant laws for the purposes of these sections. These sections provide for the interaction between the National Law Act and the State and Northern Territory laws listed at section 6 of the Declaration.
The National Law Act was a component of a broader national transport reform package, intended to improve safety and reduce the regulatory burden and costs on the Australian rail, heavy vehicle and maritime industries.
The National Law Act introduced a new National Law for the regulation of domestic commercial vessel safety and established a National Marine Safety Regulator (the National Regulator).
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, Transport, Regional Development and Local Government, the Hon Catherine King MP
ATTACHMENT
Details of the Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2023
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 2023.
Section 2 – Commencement
Section 2 provides for the Declaration to commence on 30 September 2023.
Section 3 – Authority
Section 3 provides that this instrument is made under subsection 12(1) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Section 4 – Definitions
Section 4 provides for defined terms used in the instrument. It provides that in this instrument, a reference to the Act means a reference to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Section 5 – Schedules
Section 5 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the Schedule, and that any other item has effect according to its terms.
Section 6 – Declaration
Section 6 sets out the corresponding State-Territory law for the purposes of subsection 12(1) of the National Law Act.
The term ‘corresponding State-Territory law’ is used in certain sections of the National Law Act. The Declaration specifies the relevant laws for the purposes of these sections. 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 law for Western Australia as they have not yet enacted application legislation. The Australian Maritime Safety Authority is working separately with Western Australia to provide for administration of the National Law until their application legislation is made.
Schedule 1 – Repeals
Only one instrument is specified in the Schedule, namely the 2013 Declaration.
Overview
The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2023 was enacted to refine and update the legislative framework set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. This Act was introduced to establish a unified regulatory system for the safety of domestic commercial vessels across Australia, aiming to reduce regulatory burdens and costs for industry participants while ensuring safety. The 2023 Declaration was made under subsection 12(1) of the 2012 Act by the Parliament of Australia and updates the previous 2013 Declaration to include Queensland’s Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, which was not in force when the 2013 version was enacted. The policy objective of the 2023 Declaration is to ensure that all corresponding state and territory laws are clearly identified, facilitating the effective implementation of the National Law Act across Australia.
Scope and Application
The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2023 is a legislative instrument that operates under the authority of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, aiming to provide a cohesive national framework for the regulation of the domestic commercial vessel industry across Australia. This declaration specifically identifies the state and territory laws that correspond to the provisions of the National Law Act, facilitating the interaction and integration between federal and state regulations. The 2023 Declaration replaces the previous 2013 Declaration, updating the corresponding state and territory laws to include the Queensland legislation, the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, which was not previously covered. The Declaration is applicable nationwide, covering all domestic commercial vessels operating within Australian waters, and it includes laws from the states and territories that have enacted corresponding legislation, while excluding Western Australia, which has yet to do so. The implementation of this declaration ensures a standardised approach to marine safety regulation across jurisdictions, enhancing the safety and efficiency of the domestic commercial vessel industry in Australia.
Key Provisions
The Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory Law) Declaration 2023 (the Declaration) primarily consists of two main sections. Section 6 is pivotal as it declares the corresponding state and territory laws for the purposes of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law Act). This declaration identifies the specific state and territory legislation that aligns with the National Law Act, ensuring uniformity in the regulation of domestic commercial vessel safety across Australia. By specifying these laws, the Declaration facilitates the interaction between the National Law Act and the relevant state and territory laws, thereby providing a cohesive regulatory framework. This is essential for the proper functioning of the National Marine Safety Regulator and the overall safety of the domestic commercial vessel industry.
The obligations and requirements imposed by the Declaration are mainly administrative and procedural. It mandates that the specified state and territory laws must be deemed as corresponding laws under the National Law Act. This means that these laws must align with the National Law Act to ensure a consistent regulatory approach across Australia. The National Regulator is required to recognise these laws, and state and territory authorities must ensure their legislation meets the criteria set out in the Declaration. Furthermore, the Declaration requires continuous consultation and cooperation between the Australian Maritime Safety Authority and the relevant state and territory agencies to maintain this alignment.
Failure to comply with the provisions of the Declaration may have legal consequences. While the Declaration itself does not explicitly outline offences or penalties, breaches of the corresponding state and territory laws identified within it could lead to enforcement actions under those specific laws. The National Law Act provides for various offences related to non-compliance with safety regulations, which can result in substantial penalties. For instance, offences under the National Law Act can lead to fines up to $1.65 million for corporations and lesser amounts for individuals, along with potential imprisonment terms. Therefore, adherence to the corresponding state and territory laws is crucial to avoid these penalties.
In summary, the Declaration plays a critical role in ensuring that the National Law Act is uniformly applied across Australia by specifying the corresponding state and territory laws. It imposes obligations on both the National Regulator and state and territory authorities to ensure legislative alignment and cooperation. While the Declaration does not impose direct penalties, non-compliance with the corresponding laws can result in significant penalties under the National Law Act. This underscores the importance of adhering to the specified state and territory laws to maintain safety standards and avoid legal repercussions.