EXPLANATORY STATEMENT
Issued under the authority of the Minister for Infrastructure and Transport
Navigation (Consequential Amendments) Act 2012
Proclamation
Item 3 of the commencement table under subsection 2(1) of the Navigation (Consequential Amendments) Act 2012 (the Consequential Amendments Act) provides that Schedule 3 commences on a day to be fixed by proclamation. The proclamation must not specify a day that occurs before the day the Maritime Labour Convention 2006 (the Convention) comes into force for Australia. The Convention comes into force for Australia on
20 August 2013. Schedules 1 and 2 to the Consequential Amendments Act commence at the same time as the Navigation Act 2012.
The Proclamation fixes 21 August 2013 as the day on which Schedule 3 commences.
The Navigation Act 2012 replaces the Navigation Act 1912 with a contemporary legislative framework for maritime regulation. The Navigation Act 2012 provides the primary legislative means for the Australian Government to regulate ship and seafarer safety, shipping aspects of protecting the marine environment, as well as giving effect to the international conventions to which Australia is a signatory.
The commencement of the Navigation Act 2012 includes the repeal of the
Navigation Act 1912. Upon repeal of the Navigation Act 1912, this Act makes minor consequential amendments to other legislation that relates to or references the
Navigation Act 1912 for definitions, application or exemption.
Schedule 3 to the Consequential Amendments Act amends the Navigation Act 2012 to give domestic effect to the Maritime Labour Convention 2006. This is an International Labour Organization Convention that provides comprehensive rights and protections for seafarers at work, including employment conditions and rules for accommodation.
The Proclamation is a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the Navigation (Consequential Amendments) Act 2012
Consultation
No consultation was undertaken in the development of this Proclamation. However, Australia ratified the Convention on 21 December 2011 and must fix 21 August 2013 as the date on which Schedule 3 to the Consequential Amendments Act amends the Navigation Act 2012 in order to give domestic effect to the Convention.