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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING)
(CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS)
BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure and Transport,
the Honourable Anthony Albanese, MP)
COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING)
(CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS)
BILL 2012
POLICY CONTEXT
The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 (the Bill) is part of the Government's Stronger Shipping
for a Stronger Economy legislative package. The full policy context and background to the
package is set out in the explanatory memorandum for the Coastal Trading (Revitalising
Australian Shipping) Bill 2012.
Stronger Shipping for a Stronger Economy Legislative Package
The shipping reforms are an integrated policy framework consisting of three legislative packages:
Coastal Trading · Coastal Trading (Revitalising Australian Shipping) Bill
2012
· Coastal Trading (Revitalising Australian Shipping)
(Consequential Amendments and Transitional Provisions)
Bill 2012
Australian International · Shipping Registration Amendment (Australian International
Shipping Register Shipping Register) Bill 2012
Taxation Incentives · Shipping Reform (Tax Incentives) Bill 2012
· Tax Laws Amendment (Shipping Reforms) Bill 2012
OUTLINE
The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 (this Bill) amends certain Commonwealth laws and
provides for transitional arrangements consequential to the enactment of the Coastal Trading
(Revitalising Australian Shipping) Act 2012.
The key contents of this Bill are as follows:
(a) The Australian Maritime Safety Authority Act 1990 would be amended to enable the
Australian Maritime Safety Authority to disclose information to a person for the
purpose of the administration or enforcement of a Commonwealth law relating to
coastal trading.
(b) The Navigation Act 1912 would be amended to repeal sections 7 and 377JA and Part
VI and to amend paragraph 10(b) to provide that a ship used to engage in coastal
trading under a general licence (issued under the Coastal Trading (Revitalising
Australian Shipping Act 2012) would be subject to Part II of the Navigation Act 1912.
(c) The Occupational Health and Safety (Maritime Industry) Act 1993 would be amended
to clearly provide that this Act applies to a vessel used to engage in coastal trading
under:
· a general licence;
· a temporary licence if the vessel is registered under the Australian
International Shipping Register; and
· an emergency licence if the vessel is registered either under the Australian
International Shipping Register or the Australian General Shipping Register.
(d) The Seafarers Rehabilitation and Compensation Act 1992 (the SRC Act) would be
amended to provide that this Act applies to a vessel used to engage in coastal trading
under general or an emergency licence if the vessel is registered in the Australian
General Shipping Register. It would also provide that the SRC Act does not apply to
a vessel registered in the Australian International Shipping Register that is used to
engage in coastal trading.
(e) A Transitional General Licence is established which authorises a foreign vessel
operating under a licence (issued under Part VI of the Navigation Act 1912) to engage
in coastal trading under the new regulatory framework established by the Coastal
Trading (Revitalising Australian Shipping) Act 2012. A foreign vessel operating
under a Transitional General Licence would also be subject to the Occupational
Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and
Compensation Act 1992.
(f) A licence issued under the Navigation Act 1912 which was in force immediately
before commencement of the Bill will continue to be in force for four months after the
new law commences or on the date of cancellation whichever occurs first.
(g) A permit, whether it is a Continuing Voyage Permit or a Single Voyage Permit, which
was in force immediately before commencement of the Bill will continue to be in
force until the day it would have expired (after commencement of this Bill) or for four
months after the new law commences or on the date of cancellation whichever occurs
first.
(h) Any Declaration made under subsection 8AA(2) of the Navigation Act 1912 which
was in force immediately before commencement of the Bill will continue to be in
force for four months after the new law commences.
(i) An application for a licence or a permit (under Part VI of the Navigation Act 1912)
which was not decided immediately before commencement of the new law (that is,
the Coastal Trading (Revitalising Australian Shipping) Act) will continue to be
assessed under the Navigation Act 1912. Such Licence or Permit may be granted for a
period of three months or less.
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(j) All orders (issued under section 7 of the Navigation Act 1912), permissions (issued
under subsection 286(6) of the Navigation Act 1912) and exemptions (issued under
section 421 of the Navigation Act 1912) will continue to be in force until their
respective expiry dates.
FINANCIAL IMPACT STATEMENT
There will be no impact on Commonwealth expenditure.
REGULATORY IMPACT STATEMENT
A Regulatory Impact Statement was prepared on the shipping reform package. This can be
accessed at
http://www.infrastructure.gov.au/maritime/shipping_reform/files/RIS_post_OBPR_20110816
_formatted.pdf
3
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Coastal Trading (Revitalising Australian Shipping)
(Consequential Amendments and Transitional Provisions) Bill 2012
Overview of the Bill
The Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and
Transitional Provisions) Bill 2012 (the Bill) amends certain Commonwealth laws and
provides for transitional arrangements consequential to the enactment of the Coastal Trading
(Revitalising Australian Shipping) Act 2012.
The key contents of the Bill are as follows:
(a) The Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers
Rehabilitation and Compensation Act 1992 would be amended to clearly provide that
these laws apply to a vessel used to engage in coastal trading under:
· a General Licence;
· a Temporary Licence if the vessel is registered under the Australian
International Shipping Register; and
· an Emergency Licence if the vessel is registered either under the Australian
International Shipping Register or the Australian General Shipping Register.
(b) A foreign vessel operating under a Temporary Licence or an Emergency Licence will
not be subject to these laws. This maintains the current arrangements under the
Navigation Act 1912.
(c) A Transitional General Licence is established which authorises a foreign vessel
operating under a licence (issued under Part VI of the Navigation Act 1912) to engage
in coastal trading under the new regulatory framework established by the Coastal
Trading (Revitalising Australian Shipping) Bill 2012. A foreign vessel operating
under a Transitional General Licence would also be subject to the Occupational
Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and
Compensation Act 1992.
(d) A Licence issued under the Navigation Act 1912 which was in force immediately
before commencement of the Bill will continue to be in force for four months after the
new law commences or on the date of cancellation whichever occurs first.
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(e) A Permit, whether it is a Continuing Voyage Permit or a Single Voyage Permit, which
was in force immediately before commencement of the Bill will continue to be in
force until the day it would have expired (after commencement of this Bill) or for four
months after the new law commences or on the date of cancellation whichever occurs
first.
(f) Any Declaration made under subsection 8AA(2) of the Navigation Act 1912 which
was in force immediately before commencement of the Bill will continue to be in
force for four months after the new law commences.
(g) An application for a Licence or a Permit (under Part VI of the Navigation Act 1912)
which was not decided immediately before commencement of the new law (that is,
the Coastal Trading (Revitalising Australian Shipping) Act) will continue to be
assessed under the Navigation Act 1912. Such Licence or Permit may be granted for a
period of three months or less.
(h) All orders (issued under section 7 of the Navigation Act 1912), permissions (issued
under subsection 286(6) of the Navigation Act 1912) and exemptions (issued under
section 421 of the Navigation Act 1912) will continue to be in force until their
respective expiry dates.
Human rights implications
The Bill will provide a smooth transition from the existing regulatory arrangements for
engaging in coastal trading into the new regulatory regime. The right of industry
stakeholders to be able to continue their business while transitioning into the new regulatory
regime has been a primary consideration in formulating these arrangements.
The amendments to other Commonwealth laws are consequential to the enactment of the
Coastal Trading (Revitalising Australian Shipping) Act 2012. These amendments broadly
maintain the existing regulatory framework.
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
The Bill does not raise any human rights issues.
Minister for Infrastructure and Transport, the Hon Anthony Albanese, MP
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NOTES ON CLAUSES
Clause 1 - Short title
Clause 1 is a formal provision specifying the short title of the Act.
Clause 2 - Commencement
Clause 2 specifies the commencement of the Act. Sections 1 to 3 of this Act commence on
the day this Act receives Royal Assent. Schedules 1 and 2 which contain the consequential
amendments and the transitional provisions will commence immediately after the
commencement of the Coastal Trading (Revitalising Australian Shipping) Act 2012.
Clause 3 - Schedule(s)
This clause provides that an Act specified in Schedule 1 is amended or repealed while
provisions in Schedule provide for transitional arrangements as so specified in that Schedule.
Schedule 1 - Consequential amendments
Schedule 1 amends certain Commonwealth laws as a consequence to the enactment of the
Coastal Trading (Revitalising Australian Shipping) Act 2012.
Item 1 - Australian Maritime Safety Authority Act 1990
The Australian Maritime Safety Authority Act 1990 would be amended to enable the
Australian Maritime Safety Authority to disclose information to a person for the purpose of
the administration or enforcement of a Commonwealth law relating to coastal trading. This
ties-in with section 124 of the Coastal Trading (Revitalising Australian Shipping) Act 2012
which allows the Secretary of the Department to disclose information to the Minister or the
head of a Commonwealth agency or authority in relation to the administration or enforcement
of that Act. The amendment to section 11 of the Australian Maritime Safety Authority Act
1990 would facilitate the information-sharing between the Department and the Australian
Maritime Safety Authority.
Items 2 to 6 - Navigation Act 1912
Items 2 to 6 amend the Navigation Act 1912 as follows:
· Section 7 which deals with the meaning of `coasting trade' will be repealed. The term
coasting trade' is replaced with `coastal trading' in the new law, Coastal Trading
(Revitalising Australian Shipping) Act 2012.
· Section 10 will be amended to delete existing paragraph 10(b) and substitute it with
the provision which effectively states that Part II applies to a ship used to engage in
coastal trading under a general licence issued under the Coastal Trading (Revitalising
Australian Shipping) Act 2012.
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· Part VI which deals with the regulatory arrangements for coasting trade is repealed.
Part VI will be replaced by the Coastal Trading (Revitalising Australian Shipping)
Act 2012 which provides for the regulatory framework for coastal trading.
· Section 377JA which deals with review by the Administrative Appeals Tribunal for a
decision to cancel a Continuing Voyage Permit is deleted. The removal of this
section is consequential to the repeal of Part VI.
Items 7 to 14 - Occupational Health and Safety (Maritime Industry) Act 1993
These items deal with consequential amendments to the Occupational Health and Safety
(Maritime Industry) Act 1993 [OHS(MI) Act].
· Subsection 6(3A) is inserted to provide that the OHS(MI) Act also applies to:
a vessel used to engage in coastal trading under a general licence (this is a
vessel registered in the Australian General Shipping Register);
a vessel used to engage in coastal trading under a temporary or emergency
licence if the vessel is registered in Australian International Shipping
Register;
a vessel used to engage in coastal trading under an emergency licence if the
vessel is registered in the Australian General Shipping Register.
· A foreign-registered vessel used to engage in coastal trading under a temporary or
emergency licence will not be subject to the OHS(MI) Act.
· Furthermore, a foreign-registered vessel used to engage in coastal trading under a
transitional general licence will be covered by the OHS(MI) Act--refer to item 16 of
Schedule 2 of this Bill.
· Certain definitions are also included.
Items 15 to 21 - Seafarers Rehabilitation and Compensation Act 1992
These items deal with consequential amendments to the Seafarers Rehabilitation and
Compensation Act 1992 (SRC Act).
· Subsection 19(1A) is inserted to provide that the SRC Act also applies to the
employment of employees on:
a vessel used to engage in coastal trading under a general licence (this is a
vessel registered in the Australian General Shipping Register); or
a vessel used to engage in coastal trading under an emergency licence if the
vessel is registered in Australian General Shipping Register.
Subsection 19(1AA) is inserted to provide that a vessel that is registered in the
Australian International Shipping Register and used to engage in coastal trading is not
covered by the SRC Act. The legislative intent is to put such vessel on a competitive
position as a foreign-registered vessel which is not subject to the SRC Act when used
to engage in coastal trading.
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· Furthermore, a foreign-registered vessel used to engage in coastal trading under a
transitional general licence will be covered by the SRC Act--refer to item 16 of
Schedule 2 of this Bill.
· Certain definitions are also included.
Schedule 2 - Transitional provisions
Part 1 - Preliminary
Item 1 - Interpretation
This item defines certain terms which are used in relation to transitional arrangements. `New
law' is defined as the Coastal Trading (Revitalising Australian Shipping) Act 2012, and `old
law' is defined as Part VI of the Navigation Act 1912 as in force immediately before the
commencement of this item. The term `coasting trade regulations' refers to the Navigation
(Coasting Trade) Regulations 2007, as in force immediately before the commencement of
this item.
Part 2 - Continuation of existing permits, licences and declarations etc.
Division 1 - Continuation of existing permits, licences and declarations
Item 2 - Permits to continue in force
A Permit issued under the old law, whether it is a Continuing Voyage Permit or a Single
Voyage Permit, which was in force immediately before commencement of the Bill will
continue to be in force until the day it would have expired (after commencement of this Bill)
or for four months after the new law commences or on the date of cancellation whichever
occurs first.
Sections 7 and 10 and Part VI of the Navigation Act 1912 continue to apply in respect of a
Permit continued in force by this Bill.
Item 3 - Licences to continue in force
A Licence issued under the Navigation Act 1912 which was in force immediately before
commencement of the Bill will continue to be in force for four months after the new law
commences or on the date of cancellation whichever occurs first.
Sections 7 and 10 and Part VI of the Navigation Act 1912 continue to apply in respect of a
Licence continued in force by this Bill.
A holder of a licence (which is continued in force by this item) may give a notice in response
in relation to an application for a temporary licence under section 31 of the Coastal Trading
(Revitalising Australian Shipping) Act 2012. The rights of a holder of a licence (continued in
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force by this item) will be the same as those of a holder of a general licence in relation to the
ability to nominate for a trade contained in an application for a temporary licence under the
Coastal Trading (Revitalising Australian Shipping) Act 2012.
Item 4 - Declarations to continue in force
A Declaration made under subsection 8AA(2) of the Navigation Act 1912 which was in force
immediately before commencement of the Bill will, to the extent that the Declaration relates
to the ship engaging in coasting trade, continue to be in force for four months after the new
law commences.
Sections 7, 8AA and 10 of the Navigation Act 1912 continue to apply in respect of a
Declaration continued in force by this Bill.
Division 2 - Applications for permits, licences and declarations
Item 5 - Pending applications - permits
If a person has made an application for a permit under section 286 of the Navigation Act 1912
which was not decided before the commencement of this Bill, the Minister (or delegate) must
decide the application (in accordance with the requirements of the Navigation Act 1912 and
its implementing regulations) within 10 business days after commencement of this Bill. An
application to amend an application for a permit or an application to amend an existing
permit, which was not decided before commencement of this Bill, will also be decided within
10 business days after commencement of this Bill
If the Minister decides to grant the permit, the validity of such permit may only be given for a
period of 3 months or less.
If the Minister decides to reject the application, the Minister must notify the person in writing
and provide reasons for the rejection.
Item 6 - Pending applications - licences
If a person has made an application for a licence (under the Navigation Act 1912 and its
implementing regulations) which was not decided before the commencement of this Bill, the
Minister must decide the application (in accordance with the requirements of the Navigation
Act 1912 and its implementing regulations) within 10 business days after commencement of
this Bill.
If the Minister decides to grant the licence, the validity of the licence may only be given for a
period of 3 months or less.
If the Minister decides to reject the application, the Minister must notify the person in writing
and provide reasons for the rejection.
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Item 7 - Pending applications for declarations
If a person has made an application for a declaration (under subsection 8AA(2) of the
Navigation Act 1912) which was not decided before the commencement of this Bill, the
Minister must decide the application, in accordance with the requirements of section 12 of the
Coastal Trading (Revitalising Australian Shipping) Act 2012, within 10 business days after
commencement of this Bill.
If the Minister decides to grant the application, the declaration will be made under section 12
of the Coastal Trading (Revitalising Australian Shipping) Act 2012.
If the Minister decides to reject the application, the Minister must notify the person in writing
and provide reasons for the rejection.
Division 3 - Cancellation of permits and licences
Item 8 - Pending cancellation of permit - show cause notice given
If a `show cause notice' has been given to a permit holder before commencement of this Bill,
that person may continue to respond within the 7-day period provided under section 286 of
the Navigation Act 1912.
At the end of the 7-day period, the Minister must decide whether or not to cancel the permit
in accordance with section 286 of the Navigation Act 1912.
Item 9 - Pending cancellation of licence - show cause notice given
If a `show cause notice' has been given to a licence holder before commencement of this Bill,
that person may continue to respond within the period stated in the notice. At the end of the
period stated in the notice, the Minister must decide whether or not to cancel the licence in
accordance with section 288 of the Navigation Act 1912.
Part 3 - Transitional general licences
Item 10 - Applications for transitional general licences
This item provides for who may apply for a transitional general licence and the requirements
to be able to make such application.
A holder of a licence (issued under Part VI of the Navigation Act 1912 and continued to have
force and effect by clause 3 of this Bill), in respect of a foreign-registered vessel, may apply
to the Minister for a `transitional general licence'.
A transitional general licence may be applied for only in respect of a foreign-registered vessel
that was operating under a licence issued under Part VI of the Navigation Act 1912 and
continued to have force and effect by clause 3 of this Bill.
The application must be in writing and accompanied by:
· evidence that vessel is registered in a foreign country (such as the International
10
Maritime Organisation Number of the vessel);
· statement that the seafarers working on a vessel operating under a transitional general
licence are either:
Australian citizens; or
persons with permanent visas or temporary visas with the appropriate work rights.
· such other information required by the regulations; and
· the application fee (which will be prescribed by the regulations).
Item 11 - Process for deciding applications
The process for deciding an application for a transitional general licence would be the same
as the process set out in Division 1, Part 4 (except section 13) of the Coastal Trading
(Revitalising Australian Shipping) Act 2012 in relation to a general licence, with some
modifications set out in item 12 of this Bill.
Consistent with section 16 of the Coastal Trading (Revitalising Australian Shipping) Act
2012, if the Minister grants an application for a transitional general licence, the Minister must
also determine the period for which the transitional general licence is granted. This period
must not be more than five years.
Item 12 - Criteria for deciding applications
In deciding an application for a transitional general licence, section 15, except subsection
15(2), of the Coastal Trading (Revitalising Australian Shipping) Act 2012 applies.
In deciding such an application, the Minister may have regard to the following:
· whether the owner of the vessel intends to register it under the Shipping Registration
Act 1981 but is unable to do so immediately because of commercial obligations or
requirements under a foreign law;
· whether the applicant held a licence or permit under the old law that was cancelled;
· any other matters the Minister thinks relevant.
Under this provision, it is open for the Minister to consider the objects of the Coastal Trading
(Revitalising Australian Shipping) Act 2012 in making such decision.
Item 13 - Conditions imposed on all transitional general licences
Item 13 of this Bill provides that the conditions set out in section 21 of the Coastal Trading
(Revitalising Australian Shipping) Act 2012 apply to all transitional general licences (in the
same way that these conditions apply to general licences). However, the condition which
requires that the vessel must be registered in the Australian General Register does not apply
for a vessel operating under a transitional general licence. A vessel operating under a
transitional general licence is required to be registered in a foreign country.
Item 14 - Renewal of transitional general licences
A holder of a transitional general licence may apply to the Minister for a renewal of the
licence before the expiry of the licence. Once a transitional general licence expires, no
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application for renewal may be entertained by the Minister or delegate.
The foreign registered vessel which operated under a transitional general licence (which
subsequently expires) may engage in coastal trading only if a temporary or an emergency
licence is issued which would authorise that foreign vessel to operate in Australian coastal
waters.
If an application for renewal of a transitional general licence is made, the transitional general
licence will continue to have force and effect (even beyond its expiry date) until a decision is
made on the application.
Consistent with section 16 of the Coastal Trading (Revitalising Australian Shipping) Act
2012, if the Minister grants an application for renewal of a transitional general licence, the
Minister must also determine the period for which the transitional general licence is renewed.
This period should not be more than five years.
The Minister may renew a transitional general licence only once.
Item 15 - Applications for renewal of transitional general licences
An application for renewal of a transitional general licence will not be automatically
accepted. The intention of the Bill is to strengthen and revitalise the Australian shipping
industry, including by encouraging ship owners to register their vessels under the Australian
shipping registers. In view of this, a person's ability to continue engaging in coastal trading
using a foreign-registered vessel under a transitional general licence will be by way of
exception rather than the rule.
An application for a renewal of transitional general licence must comply with the following
requirements:
· The vessel to which the transitional general licence would apply is registered in a
foreign country (evidence of the foreign registration, such as the International
Maritime Organisation identification number, must be submitted);
· The application must be accompanied by a statement that each seafarer working on
the foreign-registered vessel is an Australian citizen, or is a permanent resident of
Australia, or holds a temporary visa with appropriate work rights;
· The application must be accompanied by an explanation on what is preventing the
vessel from being registered in the Australian Shipping Registration Act 1981.
· The application must also provide information required under the regulations, if any,
and the prescribed fee must be paid.
Foreign-registered vessels that are licensed under the current regime (that is, Part VI of the
Navigation Act 1912) would be given a five-year transition period to move to Australian
registration of their vessels. A further five years may be given (under a renewal of the
transitional general licence) to acknowledge that these foreign vessels are currently locked
into foreign financing regimes and may not readily move to Australian registration. In such
circumstances, the Minister will be able to grant a renewal of the transitional general licence,
subject to provision of appropriate evidence of the financial, business or legal arrangements
overseas.
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Item 16 - Application of the new law and other laws of the Commonwealth
All provisions of the Coastal Trading (Revitalising Australian Shipping) Act 2012 apply to a
transitional general licence as if it were a general licence, except the following:
· Division 3 of Part 4 which deals with emergency licences;
· Section 13 which deals with the application requirements for a general licence (the
requirements for application for a transitional general licence are set out in item 10,
Part 3, Schedule 2 of this Bill);
· Subsection 15 (2) concerning matters the Minister may have regard to in deciding an
application for a general licence (subitem 12(2), Part 3, Schedule 2 of this Bill
provides for the matters the Minister may have regard to in relation to an application
for a transitional general licence).
Other laws of the Commonwealth which apply to a general licence also apply to a transitional
general licence--for example:
· Part II of the Navigation Act 1912;
· Occupational Health and Safety (Maritime Industry) Act 1993; and
· Seafarers Rehabilitation and Compensation Act 1992.
Part 4 - Review of decisions
Item 17 - Rights of review
This item preserves the right of a person to seek a review (by the Administrative Appeals
Tribunal) of a Ministerial decision to cancel a Continuing Voyage Permit despite the repeal
of section 377JA of the Navigation Act 1912.
If the Minister made a decision to cancel a Continuing Voyage Permit before the
commencement of this Bill, an application for merits review by the Administrative Appeals
Tribunal may be made so long as the period for making such application has not ended.
Section 29 of the Administrative Appeals Tribunal Act 1975 provides for the period for
applying to the Administrative Appeals Tribunal for review of a decision.
Part 5 - Miscellaneous
Item 18 - Saving of orders
Despite the repeal of section 7 of the Navigation Act 1912, an order made under that section
and in force immediately before commencement continues in force on and after
commencement as if it were an exemption under subsection 11(1) of the new law.
Under section 7, the Governor-General has made Orders that the following trades are not
deemed engaging in the coasting trade:
· carriage of passengers and cargo to and from Norfolk island; and
· carriage of passengers and cargo to and from Cocos (Keeling) Islands.
Item 19 - Saving of permissions
Despite the repeal of the old law by Schedule 1 to this Act, a permission granted under
subsection 286(6) of the old law and in force immediately before commencement, continues
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in force on and after commencement for the remainder of the period set out in the notice
mentioned in subsection 286(6) of the old law as if:
(a) the permission were a direction made under subsection 11(1) of the new
law; and
(b) any conditions to which the permission was subject were conditions
specified in the direction.
A Ministerial Notice is currently in place which gives permission, under Part VI of the
Navigation Act 1912, to unlicensed ships to engage in the carriage of passengers between
ports in the Commonwealth or in the Territories (other than Victoria and Tasmania) subject to
the following conditions:
· that the vessels to which the Notice applies are in excess of 5,000 gross tonnes;
· such vessels are capable of a speed of at least 15 knots;
· such vessels are capable of carrying at least 100 passengers; and
· such vessels are utilised wholly or primarily for the carriage of passengers.
This Ministerial Notice will continue to be in force as if it were an exemption under section
11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 until its expiry date of
31 December 2012.
Item 20 - Saving of exemption
An exemption made under subsection 421(1) of the Navigation Act 1912 relating to the
coasting trade and in force immediately before commencement continues in force on and
after commencement as if it were an exemption in force under subsection 11(1) of the new
law.
A Ministerial Direction issued under subsection 421(1), currently exists, which directs that
Part VI of the Navigation Act 1912 does not apply to voyages to and from Christmas Island.
This Direction will continue to be in force as if it were an exemption under section 11 of the
Coastal Trading (Revitalising Australian Shipping) Act 2012 until its expiry date of 7 April
2013.
Item 21 - Transitional regulations
This item provides for a general regulation-making power including the making of
regulations of a transitional nature.
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