EXPLANATORY STATEMENT
Issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services
Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007
Proclamation
The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 (the Act) amends the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act to implement Annex VI to the International Convention for the Prevention of Pollution of Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78). Australia will formally become Party to Annex VI on 10 November 2007.
Section 2(1) of the Act provides that Schedule 1 is to commence on a date to be fixed by Proclamation, however, if Schedule 1 has not commenced within six months of the date that Australia becomes Party to Annex VI, then Schedule 1 will commence on the first day after the end of that six month period.
The purpose of the Proclamation is to set the date of commencement of Schedule 1 as 10 November 2007, being the date on which Australia becomes Party to Annex VI. All other provisions of the Act have already commenced.
Schedule 1 amends the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act to provide new rules relating to the prevention of air pollution from ships. The Schedule provides the operational requirements for Annex VI, including survey, certification and inspection requirements, air pollution offences and new standards for the management of air pollution from Australian ships and all ships in Australian waters.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
There was no consultation undertaken in relation to the Proclamation.