Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008
No. 77, 2008
An Act to make amendments consequential on the enactment of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Admiralty Act 1988
Protection of the Sea (Civil Liability) Act 1981
Protection of the Sea (Powers of Intervention) Act 1981
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008
No. 77, 2008
An Act to make amendments consequential on the enactment of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008, and for related purposes
[Assented to 12 July 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 12 July 2008 |
2. Schedule 1 | At the same time as sections 3 to 30 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 commence. | 16 June 2009 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Admiralty Act 1988
1 At the end of paragraphs 4(3)(a) and (b)
Add “or”.
2 After paragraph 4(3)(b)
Insert:
(ba) a claim under:
(i) the applied provisions (within the meaning of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008); or
(ii) a law of a State or Territory of a kind referred to in subsection 10(1) of that Act; or
3 At the end of paragraphs 4(3)(c), (d), (e), (f), (g), (h), (j), (k), (m), (n), (o), (p), (q), (r), (s), (t) and (u)
Add “or”.
4 At the end of Part III
Add:
26A Proceedings in accordance with the Bunker Oil Convention
(1) A proceeding under this Act on a maritime claim referred to in paragraph 4(3)(ba) must not be brought otherwise than in accordance with paragraphs 1 and 2 of Article 9 of the Bunker Oil Convention, whether or not the proceeding also relates to another maritime claim or to a maritime lien or other charge.
(2) In this section:
Bunker Oil Convention has the same meaning as in the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.
Protection of the Sea (Civil Liability) Act 1981
5 At the end of subsection 19B(1)
Add:
; and (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.
Protection of the Sea (Powers of Intervention) Act 1981
6 After subsection 17A(5)
Insert:
(5A) Subsection (4) does not apply to:
(a) a proceeding under the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008; or
(b) a proceeding on a maritime claim referred to in paragraph 4(3)(ba) of the Admiralty Act 1988 (about claims relating to bunker oil pollution damage).
[Minister’s second reading speech made in—
House of Representatives on 20 March 2008
Senate on 16 June 2008]
Overview
The Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 was enacted to address the gap in Australian law concerning civil liability for damage caused by bunker oil pollution. This legislation was introduced by the Parliament of Australia to align existing maritime laws with the new provisions set out in the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008. The primary policy objective of this Act is to ensure that Australia's maritime laws are in compliance with international conventions, specifically the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. This was achieved by making necessary amendments to the Admiralty Act 1988, the Protection of the Sea (Civil Liability) Act 1981, and the Protection of the Sea (Powers of Intervention) Act 1981 to integrate the new provisions seamlessly.
Scope and Application
The Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 is a legislative instrument that amends various other acts to reflect the changes brought about by the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008. This Act applies to existing legislation, specifically the Admiralty Act 1988, the Protection of the Sea (Civil Liability) Act 1981, and the Protection of the Sea (Powers of Intervention) Act 1981, to ensure consistency and integration with the new provisions concerning civil liability for bunker oil pollution damage. The geographic scope of this Act is federal, as it involves amendments to Commonwealth statutes. The Act came into effect in stages, with sections 1 to 3 and unspecified provisions commencing upon receiving Royal Assent on 12 July 2008, while Schedule 1 amendments were set to commence on 16 June 2009, aligning with the commencement of related sections in the primary Act. The Act does not explicitly state any exclusions or thresholds, but the consequential amendments made to the specified statutes reflect the intended scope of application to maritime claims involving bunker oil pollution damage.
Key Provisions
The Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 (Act) introduces amendments to several existing Acts to ensure consistency with the new Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008. Section 1 of the Act establishes its short title and citation, while Section 2 outlines the commencement dates for the various provisions. The main operative sections of this Act are found in Schedule 1, which amends the Admiralty Act 1988, the Protection of the Sea (Civil Liability) Act 1981, and the Protection of the Sea (Powers of Intervention) Act 1981. These amendments include the addition of references to claims under the new Act and the Bunker Oil Convention, as well as adjustments to certain paragraphs and subsections to ensure that the provisions align with the new legislation.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that proceedings under the Admiralty Act 1988, which involve maritime claims related to bunker oil pollution damage, must be conducted in accordance with the Bunker Oil Convention (Section 26A). This ensures that such proceedings adhere to the agreed-upon international standards for handling these types of claims. Additionally, the Act introduces amendments to the Protection of the Sea (Civil Liability) Act 1981 and the Protection of the Sea (Powers of Intervention) Act 1981 to clarify the scope of certain provisions and to exclude specific proceedings from certain subsections (Sections 5 and 6). These changes aim to streamline the legal framework and ensure that the new legislation is properly integrated with the existing Acts.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Act itself. However, the amended Acts that the Act references may contain provisions related to penalties and consequences for non-compliance. For example, the Admiralty Act 1988 and the Protection of the Sea (Civil Liability) Act 1981 may contain provisions that outline penalties for non-compliance with the requirements related to bunker oil pollution damage claims. These penalties could include fines, imprisonment, or other civil or criminal consequences, depending on the severity of the breach and the specific provisions of the relevant Acts. It is important to consult the amended Acts for detailed information on the penalties and consequences applicable to non-compliance with the provisions related to bunker oil pollution damage.