EXPLANATORY STATEMENT
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Protection of the Sea Legislation Amendment Act 2008
Proclamation
Subsection 2(1) of the Protection of the Sea Legislation Amendment Act 2008 (the Act) provides in part that Schedule 1 to the Act commences on a single day to be fixed by Proclamation. However, the day to be fixed by Proclamation must not be a day before the day on which the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (the Supplementary Fund Protocol) enters into force for Australia. Following the deposit on 13 July 2009 of Australia's instrument of accession for the Supplementary Fund Protocol with the Secretary-General of the International Maritime Organization, the Protocol entered into force for Australia on 13 October 2009.
The Proclamation fixes 13 October 2009 as the date on which Schedule 1 of the Act commences to coincide with the entry into force in Australia of the Supplementary Fund Protocol.
Schedule 1 to the Act amended the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 (the Fund Act) to implement the Supplementary Fund Protocol in Australia. The effect of the amendments to the Fund Act is to increase the maximum amount of compensation available in the case of an oil spill from an oil tanker from approximately AUD380 million to approximately AUD1,410 million.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken specifically in relation to this Proclamation but extensive consultation was undertaken with the shipping and oil industries and the States and the Northern Territory during the development of the Supplementary Fund Protocol and the preparation of the implementing legislation. All parties support the implementation of the Supplementary Fund Protocol.