EXPLANATORY STATEMENT
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
Proclamation
The Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 (the Act) implements Australia’s obligations under the International Convention on the Control of Harmful Anti-fouling Systems on Ships (the Convention). Australia will formally become Party to the Convention on 17 September 2008.
Subsection 2(1) of the Act provides that sections 3 to 25 are to commence on a date to be fixed by Proclamation. The purpose of the Proclamation is to set the date of commencement of sections 3 to 25 as 17 September 2008, being the date on which Australia becomes Party to the Convention. All other provisions of the Act have already commenced.
Sections 3 to 25 of the Act provide rules relating to the application or use of harmful anti-fouling systems. The sections provide the operational requirements for the Convention, including certification, declaration and inspection requirements.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Relevant Departments, the States and Northern Territory, the shipping industry, paint manufacturers and environmental groups were consulted during the treaty making and legislation process and supported the introduction and passage of the Act.