EXPLANATORY STATEMENT
Issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services
Maritime Legislation Amendment Act 2007
Proclamation
Subsection 2 (1) of the Maritime Legislation Amendment Act 2007 (the Act) provides that Schedule 1 to the Act commence on a day to be fixed by Proclamation. However, if any of the provisions of Schedule 1 do not commence by 1 January 2009, then those provisions do not commence at all. The Act received the Royal Assent on 24 September 2007.
The purpose of the Proclamation is to fix 1 January 2008 as the day on which Schedule 1 to the Act commences.
Schedule 1 to the Act repeals the Maritime College Act 1978 to facilitate the integration of the Australian Maritime College (AMC) with the University of Tasmania (the University).
Schedule 1 to the Act transfers all assets and liabilities of the AMC to the University and provides a set of transitional provisions related with the integration. The commencement date ensures that the integration occurs on 1 January 2008. The commencement date was reached following consultation with the University and the AMC and upon completion of the processes required prior to proclamation. It was intended that Schedule 1 would only commence after all details, including an agreement on use and disposal of AMC lands, had been finalised and the University had created an instrument establishing the AMC as an institute within the University. Both these conditions have been met.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Maritime Legislation Amendment Act 2007 was enacted to facilitate the integration of the Australian Maritime College (AMC) with the University of Tasmania (the University). This Act was proclaimed to ensure that Schedule 1, which includes the repeal of the Maritime College Act 1978, the transfer of all assets and liabilities of the AMC to the University, and related transitional provisions, commences on 1 January 2008. The Act received the Royal Assent on 24 September 2007 and the Proclamation was issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services. The policy objective was to integrate the AMC with the University in a manner that ensured all preparatory steps, including agreements on land use and disposal, were finalised before the integration took effect. This integration was intended to be seamless and comprehensive, ensuring that the AMC became a fully functional institute within the University by the specified commencement date.
Scope and Application
The Maritime Legislation Amendment Act 2007 applies to the Australian Maritime College and the University of Tasmania, as well as any other entities or persons directly involved in the integration process of the Australian Maritime College with the University of Tasmania. The Act’s purpose is to facilitate this integration by repealing the Maritime College Act 1978 and transferring the assets and liabilities of the Australian Maritime College to the University of Tasmania. The Act operates under the Commonwealth jurisdiction and its effects are felt nationally due to the importance of maritime education and training in Australia. Notably, the Act does not explicitly state any exclusions, exemptions, or thresholds, but its application is inherently limited to the specific entities involved in the integration process. The Act may extend its application through subordinate instruments, which would need to be consistent with the Act's overarching goal of facilitating the integration and ensuring the effective transfer of responsibilities and assets.
Key Provisions
The Maritime Legislation Amendment Act 2007 (F2007L04141) primarily concerns the integration of the Australian Maritime College (AMC) with the University of Tasmania (the University). Section 2(1) of the Act stipulates that Schedule 1, which governs the integration, will commence on a day to be fixed by Proclamation. However, if the provisions of Schedule 1 do not commence by 1 January 2009, they will not commence at all. The Proclamation, issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services, fixes 1 January 2008 as the effective date for the integration, ensuring all necessary preparations and agreements are finalised. This date was determined following consultations with the University and the AMC and upon completion of the required processes.
The Act imposes several obligations on the parties involved in the integration process. For instance, Section 1 of Schedule 1 repeals the Maritime College Act 1978, thereby eliminating the legal framework that previously governed the AMC as a separate entity. Section 2 transfers all assets and liabilities of the AMC to the University, ensuring a smooth transition. Additionally, Section 3 outlines a series of transitional provisions designed to facilitate the integration, including the establishment of the AMC as an institute within the University. These provisions ensure that the integration is conducted in an orderly manner, respecting the interests of all stakeholders.
Failure to comply with the requirements set out in the Maritime Legislation Amendment Act 2007 can result in significant legal consequences. The Act does not explicitly detail specific offences or penalties for non-compliance, but breaches of legislative requirements can lead to civil or criminal liability under other applicable laws. The potential consequences could include legal actions for breach of contract, asset mismanagement, or other civil liabilities. Additionally, any actions that result in harm to stakeholders or failure to meet the legislative objectives could attract penalties under the relevant statutes governing educational institutions and maritime operations.
In summary, the Maritime Legislation Amendment Act 2007 aims to integrate the Australian Maritime College with the University of Tasmania, with the key provisions found in Schedule 1. The Act mandates the transfer of assets and liabilities and establishes transitional measures to ensure a smooth integration. While the Act itself does not specify penalties, non-compliance could result in legal repercussions under other applicable laws. The integration process, governed by the Act, is designed to harmonise the operations of the AMC with the University, enhancing educational and maritime training outcomes.