Shipping Grants Legislation Act 1996

Overview

The Shipping Grants Legislation Act 1996 was enacted by the Parliament of Australia to repeal the International Shipping (Australian-resident Seafarers) Grants Act 1995 and to amend the Ships (Capital Grants) Act 1987. The primary objective of this Act was to streamline and update the legislative framework governing grants for Australian-resident seafarers and ship capital grants. It ensures that certain provisions continue to apply for specific circumstances, even after the repeal of the previous Acts. This Act provides for the continued application of the repealed Acts in particular cases, ensuring that there is no disruption to the rights and obligations of individuals and entities that were already engaged in the processes outlined in the repealed legislation before the commencement of the new Act.

Scope and Application

The Shipping Grants Legislation Act 1996 applies to the repeal of the International Shipping (Australian-resident Seafarers) Grants Act 1995 and the amendment of the Ships (Capital Grants) Act 1987. It affects individuals and entities, specifically those who had an eligible employment period in relation to an eligible ship for a relevant year and shipowners who made an agreement for the construction or purchase of a ship before 1 May 1996. The Act's geographic reach is Commonwealth, as it applies to the repeal and amendment of federal legislation. The Act includes provisions for the continued application of the repealed and amended Acts under certain conditions, such as if a person had an eligible employment period in relation to an eligible ship for a relevant year before the repeal, or if an agreement for the construction or purchase of a ship was made by a shipowner before 1 May 1996. The Act does not specify any exclusions, exemptions, or thresholds. The application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The Shipping Grants Legislation Act 1996 (No. 71, 1996) serves to repeal the International Shipping (Australian-resident Seafarers) Grants Act 1995 and to amend the Ships (Capital Grants) Act 1987, establishing new provisions for grants related to shipping. The Act commences on the day it receives Royal Assent, with certain sections taking effect from 1 July 1996 (section 2). The primary operative sections of the Act are detailed in Schedule 1, which specifies the repeal and amendments to existing legislation. Section 1 of Schedule 1 repeals the International Shipping (Australian-resident Seafarers) Grants Act 1995 in its entirety, while section 2 ensures that the repealed Act continues to apply to certain individuals who had eligible employment periods before the repeal, provided the ship was engaged in international voyages for the requisite number of days (section 1(1)). The Act imposes specific obligations on parties governed by it. For instance, under the continued application provisions in section 2(1), the repealed Act remains applicable to individuals who meet the specified criteria, ensuring they retain eligibility for grants despite the repeal. Similarly, section 4(1) ensures that amendments to the Ships (Capital Grants) Act 1987 do not affect agreements made by Australian nationals before 1 May 1996, maintaining the original terms of such agreements. These provisions ensure a smooth transition and continuity of benefits for eligible parties. Breaching the provisions of this Act could have legal ramifications. While the Act itself does not explicitly outline offences or penalties, the continued application of repealed provisions under certain conditions suggests that non-compliance with the specified criteria could result in loss of eligibility for grants. Additionally, the omission of specific penalties in the Act implies that general legal consequences applicable to breaches of legislative provisions might apply. Given the nature of the Act, penalties would likely be determined by the courts based on the context and the extent of non-compliance, potentially involving fines or other civil remedies.