NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012

i Navigation (Consequential Amendments) Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Repeal

Lighthouses Act 1911

Navigation Act 1912

Schedule 2--Consequential amendments

Admiralty Act 1988

Age Discrimination Act 2004

Australian Maritime Safety Authority Act 1990

Australian Meat and Live-stock Industry Act 1997

Carriage of Goods by Sea Act 1991

Fair Work Act 2009

Federal Court of Australia Act 1976

Great Barrier Reef Marine Park Act 1975

Legislative Instruments Act 2003

Marine Navigation Levy Act 1989

Marine Navigation Levy Collection Act 1989

Marine Navigation (Regulatory Functions) Levy Act 1991

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

Maritime Legislation Amendment Act 2007

Maritime Transport and Offshore Facilities Security Act 2003

Occupational Health and Safety (Maritime Industry) Act 1993

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Protection of the Sea (Civil Liability) Act 1981

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006

Protection of the Sea (Powers of Intervention) Act 1981

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Protection of the Sea (Shipping Levy Collection) Act 1981

Navigation (Consequential Amendments) Bill 2012 No. , 2012 1

A Bill for an Act to deal with consequential matters

arising from the enactment of the Navigation Act

2012, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Navigation (Consequential

Amendments) Act 2012.

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.

2 Navigation (Consequential Amendments) Bill 2012 No. , 2012

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 this Act receives the Royal Assent.

2. Schedules 1

and 2

At the same time as section 3 of the

Navigation Act 2012 commences.

3. Schedule 3

A single day to be fixed by Proclamation.

A Proclamation must not specify a day that

occurs before the day the Maritime Labour

Convention, 2006, done at Geneva on

23 February 2006, comes into force for

Australia.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day the Convention comes

into force for Australia, they commence on

the day after the end of that period. If the

provision(s) commence in this way, the

Minister must announce by notice in the

Gazette the day the provision(s)

commenced. The notice is not a legislative

instrument.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be 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 2 Consequential amendments

4 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Schedule 2--Consequential amendments

Admiralty Act 1988

1 Subsection 3(1)

Insert:

coastal sea of Australia means:

(a) the territorial sea of Australia; and

(b) the sea on the landward side of the territorial sea of Australia

and not within the limits of a State or Territory.

2 Subsection 3(1)

Insert:

off-shore industry fixed structure means a structure (including a

pipeline) that:

(a) is fixed to the seabed and is not able to move or be moved as

a structure from one place to another; and

(b) is used or intended for use wholly or primarily in, or in any

operations or activities associated with or incidental to,

exploring or exploiting the mineral and other non-living

resources of:

(i) the continental shelf of Australia; or

(ii) the seabed of the coastal sea of Australia or the subsoil

of that seabed.

3 Subsection 3(1)

Insert:

off-shore industry mobile unit means:

(a) a vessel, or a structure other than a vessel that is able to float

or be floated and to move or be moved as a structure from

one place to another, that is used or intended for use wholly

or primarily in, or in any operations or activities associated

with or incidental to, exploring or exploiting the mineral and

other non-living resources of:

(i) the continental shelf of Australia; or

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 5

(ii) the seabed of the coastal sea of Australia or the subsoil

of that seabed;

by drilling, or by obtaining substantial quantities of material

from, the seabed or its subsoil, with equipment that is on or

forms part of the vessel or structure; or

(b) a barge or similar vessel fitted with living quarters for more

than 12 persons and used or intended for use wholly or

primarily in connection with the construction, maintenance or

repair of off-shore industry fixed structures.

4 Subsection 3(1) (paragraph (c) of the definition of ship)

Omit "within the meaning of the Navigation Act 1912".

5 Parts VII, VIII and IX

Repeal the Parts.

Age Discrimination Act 2004

6 Schedule 2 (table item 8)

Repeal the item, substitute:

Regulations and Marine Orders

made under the Navigation Act 2012

regulations made for the purposes of

paragraph 29(2)(d) of the Navigation

Act 2012 or a Marine Order made

with respect to the matter in that

paragraph

Australian Maritime Safety Authority Act 1990

7 Subsection 3(1) (definition of the Safety Convention)

Omit "in the Navigation Act 1912", substitute "Safety Convention has

in the Navigation Act 2012".

8 Section 46 (subparagraph (c)(i) of the definition of charge)

Omit "1912", substitute "2012".

9 Section 46 (subparagraph (c)(v) of the definition of charge)

Repeal the subparagraph.

10 Paragraph 63(3)(a)

Schedule 2 Consequential amendments

6 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Repeal the paragraph.

Australian Meat and Live-stock Industry Act 1997

11 Subsection 57AA(5) (definition of Marine Orders)

Omit "425(1AA) of the Navigation Act 1912", substitute "342(1) of the

Navigation Act 2012".

Carriage of Goods by Sea Act 1991

12 Paragraph 19(a)

Repeal the paragraph, substitute:

(a) Part 4 of Chapter 3 of the Navigation Act 2012; or

Fair Work Act 2009

13 Section 12 (definition of maritime employee)

Omit all the words after "master", substitute "as defined in subsection

14(1) of the Navigation Act 2012, a seafarer as so defined or a pilot as

so defined".

Federal Court of Australia Act 1976

14 Paragraph 23DJ(2)(a)

Omit "section 147 of the Navigation Act 1912", substitute "section 89

of the Navigation Act 2012".

Great Barrier Reef Marine Park Act 1975

15 Subsection 3(1) (definition of port)

Omit "1912", substitute "2012".

Legislative Instruments Act 2003

16 Subsection 54(2) (table items 27 and 28)

Repeal the items.

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 7

Marine Navigation Levy Act 1989

17 Section 3 (paragraph (a) of the definition of tonnage)

Omit "(the English text of which is set out in Schedule 8 to the

Navigation Act 1912)".

18 Section 3 (at the end of the definition of tonnage)

Add:

Note:

The text of the Convention is set out in Australian Treaty Series 1982

No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

Marine Navigation Levy Collection Act 1989

19 Section 3 (definition of marine navigational aid)

Repeal the definition.

20 Section 3 (definition of sea-going ship)

Omit "a marine navigational aid under the control of the

Commonwealth", substitute "an AMSA aid to navigation (as defined in

the Navigation Act 2012)".

21 Section 3 (definition of ship)

Repeal the definition, substitute:

ship includes every description of vessel used in navigation not

ordinarily propelled by oars only.

Marine Navigation (Regulatory Functions) Levy Act 1991

22 Section 3 (paragraph (a) of the definition of tonnage)

Omit "(the English text of which is set out in Schedule 8 to the

Navigation Act 1912)".

23 Section 3 (at the end of the definition of tonnage)

Add:

Note:

The text of the Convention is set out in Australian Treaty Series 1982

No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the

Schedule 2 Consequential amendments

8 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

Marine Navigation (Regulatory Functions) Levy Collection

Act 1991

24 Section 3 (definition of marine navigational aid)

Repeal the definition.

25 Section 3 (definition of sea-going ship)

Omit "a marine navigational aid under the control of the

Commonwealth", substitute "an AMSA aid to navigation (as defined in

the Navigation Act 2012)".

26 Section 3 (definition of ship)

Repeal the definition, substitute:

ship includes every description of vessel used in navigation not

ordinarily propelled by oars only.

Maritime Legislation Amendment Act 2007

27 Subitem 17(2) of Schedule 1 (subparagraph (b)(ii) of the

cell at table item 1.1, column headed "Condition")

Omit "under the Navigation Act 1912", substitute "for the purposes of

the Navigation Act 2012".

Maritime Transport and Offshore Facilities Security Act

2003

28 Section 10

Insert:

AMSA inspector means an inspector appointed under the

Navigation Act 2012.

29 Section 10 (definition of AMSA surveyor)

Repeal the definition.

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 9

30 Section 10 (definition of inter-State voyage)

Repeal the definition, substitute:

inter-State voyage, in relation to a ship, means a voyage (other

than an overseas voyage) in the course of which the ship travels

between:

(a) a port in a State and a port in another State; or

(b) a port in a State and a port in a Territory; or

whether or not the ship travels between 2 or more ports in any one

State or Territory in the course of the voyage.

31 Section 10 (definition of overseas voyage)

Repeal the definition, substitute:

overseas voyage, in relation to a ship, means a voyage in the course

of which the ship travels between:

(a) a port in Australia and a port outside Australia; or

(b) a port in Australia and a place in the waters of the sea above

the continental shelf of a country other than Australia; or

above the continental shelf of Australia; or

(d) a place in the waters of the sea above the continental shelf of

Australia and a place in the waters of the sea above the

continental shelf of a country other than Australia; or

(e) ports outside Australia; or

(f) places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia

in the course of the voyage.

32 Section 146

Omit "surveyors", substitute "inspectors".

33 Paragraph 147(1)(d)

Omit "surveyor", substitute "inspector".

Schedule 2 Consequential amendments

10 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Occupational Health and Safety (Maritime Industry) Act

1993

34 Section 4 (definition of articles of agreement)

Repeal the definition.

35 Section 4 (paragraph (b) of the definition of employee)

Repeal the paragraph, substitute:

(b) a person who is on board a prescribed ship or prescribed unit

and in relation to whom a work agreement is in force for the

purposes of the Navigation Act 2012.

36 Section 4 (definition of off-shore industry mobile unit)

Repeal the definition, substitute:

off-shore industry mobile unit has the same meaning as it had in

the Navigation Act 1912 immediately before the repeal of that Act.

37 Section 4 (definition of prescribed ship)

Repeal the definition, substitute:

prescribed ship means a ship that:

(a)

either:

(i) a ship to which Part II of the Navigation Act 1912

would apply if that Act had not been repealed; or

(ii) a ship that is declared under subsection 4A(1) to be a

prescribed ship; and

(b) is not any of the following:

(i) a Government ship;

(ii) a ship or off-shore industry mobile unit to which the

Offshore Petroleum and Greenhouse Gas Storage Act

2006 applies;

(iii) a ship that is declared under subsection 4A(2) not to be

a prescribed ship.

38 Section 4 (definition of prescribed unit)

Repeal the definition, substitute:

prescribed unit means:

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 11

(a) an off-shore industry mobile unit that is not self-propelled

and is under tow; or

(b) a vessel or structure declared under subsection 4B(1) to be a

prescribed unit;

but does not include a vessel or structure declared under subsection

4B(2) not to be a prescribed unit.

39 At the end of Division 2 of Part 1

Add:

4A Declarations that a ship is or is not a prescribed ship

(1) The Minister may by legislative instrument declare a ship to be a

prescribed ship.

(2) The Minister may by legislative instrument declare a ship not to be

a prescribed ship.

4B Declarations that a vessel or structure is or is not a prescribed

unit

(1) The Minister may by legislative instrument declare a vessel or

structure to be a prescribed unit.

(2) The Minister may by legislative instrument declare a vessel or

structure not to be a prescribed unit.

40 Subsection 6(3)

Repeal the subsection, substitute:

(3) This Act also applies in relation to:

(a) a vessel that would be an off-shore industry vessel within the

meaning of the Navigation Act 1912 if that Act had not been

repealed and either:

(i) was, immediately before the repeal of that Act, covered

by a declaration in force under subsection 8A(2) of that

Act; or

(ii) is covered by a declaration in force under

subsection (3AB) of this section; or

Schedule 2 Consequential amendments

12 Navigation (Consequential Amendments) Bill 2012 No. , 2012

(b) a ship that would be a trading ship within the meaning of the

Navigation Act 1912 if that Act had not been repealed and

either:

(i) was, immediately before the repeal of that Act, covered

by a declaration in force under subsection 8AA(2) of

that Act; or

(ii) is covered by a declaration in force under

subsection (3AB) of this section.

(3AA) However, this Act does not apply because of subsection (3) to a

vessel or ship that is covered by a declaration in force under

subsection (3AC).

(3AB) The Authority may declare in writing that this Act applies to a

vessel or ship that would be an off-shore industry vessel, or a

trading ship, within the meaning of the Navigation Act 1912 if that

Act had not been repealed.

(3AC) The Authority may declare in writing that this Act does not apply

because of subsection (3) to a vessel or ship that would be an

off-shore industry vessel, or a trading ship, within the meaning of

the Navigation Act 1912 if that Act had not been repealed.

(3AD) A declaration made under subsection (3AB) or (3AC) is not a

legislative instrument.

41 Section 7 (heading)

Repeal the heading, substitute:

7 This Act not to affect the Navigation Act 2012

42 Section 7

Omit "1912", substitute "2012".

Offshore Petroleum and Greenhouse Gas Storage Act 2006

43 Subsection 640(3) (paragraph (a) of the definition of

Commonwealth maritime legislation)

Omit "1912", substitute "2012".

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 13

Protection of the Sea (Civil Liability) Act 1981

44 Subsection 3(1)

Insert:

regulated Australian vessel: a ship is a regulated Australian

vessel if it is a regulated Australian vessel for the purposes of the

Navigation Act 2012.

45 Section 7

Repeal the section, substitute:

7 Application of this Part

(1) This Part, the applied provisions of the Convention and regulations

made for the purposes of section 12 do not apply in relation to a

ship that is not a regulated Australian vessel, when the ship is in a

particular area, so far as a law of a State or the Northern Territory

gives effect to the applied provisions of the Convention in relation

to that ship when it is in that area.

(2) However, subsection (1) does not apply in relation to an incident

that:

(a) is an incident Article IV of the Convention applies to; and

(b)

involves

both:

(i) one or more ships that are regulated Australian vessels;

and

(ii) one or more ships that are not regulated Australian

vessels.

46 At the end of paragraph 15(8)(a)

Add "or".

47 Paragraph 15(8)(b)

Repeal the paragraph, substitute:

(b) an inspector within the meaning of the Navigation Act 2012;

48 Section 19A (paragraph (b) of the definition of officer)

Repeal the paragraph, substitute:

Schedule 2 Consequential amendments

14 Navigation (Consequential Amendments) Bill 2012 No. , 2012

(b) an inspector within the meaning of the Navigation Act 2012;

49 Subsection 20(6)

Repeal the subsection.

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008

50 Section 3 (paragraph (b) of the definition of enforcement

officer)

Repeal the paragraph, substitute:

(b) an inspector within the meaning of the Navigation Act 2012;

51 Section 3

Insert:

regulated Australian vessel: a ship is a regulated Australian

vessel if it is a regulated Australian vessel for the purposes of the

Navigation Act 2012.

52 Section 10

Repeal the section, substitute:

10 Relationship with corresponding State or Territory laws

(1) This Part does not apply in relation to a ship that is not a regulated

Australian vessel, when the ship is in a particular area, so far as a

law of a State or the Northern Territory gives effect to Articles 3, 5

and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil

Convention in relation to that ship when it is in that area.

(2) However, subsection (1) does not apply in relation to an incident

that:

(a) is an incident Article 5 of the Bunker Oil Convention applies

to; and

(b)

involves

both:

(i) one or more ships that are regulated Australian vessels;

and

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 15

(ii) one or more ships that are not regulated Australian

vessels.

Protection of the Sea (Harmful Anti-fouling Systems) Act

2006

53 Paragraph 16(1)(b)

Repeal the paragraph, substitute:

(b) an inspector within the meaning of the Navigation Act 2012;

Protection of the Sea (Powers of Intervention) Act 1981

54 Subsection 3(1) (paragraph (b) of the definition of ship)

Omit "has the same meaning as in the Navigation Act 1912", substitute

"has the same meaning as vessel has in the Navigation Act 2012".

Protection of the Sea (Prevention of Pollution from Ships)

Act 1983

55 Subsection 3(1) (paragraph (a) of the definition of

inspector)

Repeal the paragraph, substitute:

(a) is an inspector within the meaning of the Navigation Act

2012; or

56 Subsection 3(1)

Insert:

Marine Safety (Domestic Commercial Vessel) National Law has

the meaning given by section 17 of the Marine Safety (Domestic

Commercial Vessel) National Law Act 2012.

57 Subsection 3(1)

Insert:

overseas voyage: a ship's voyage is an overseas voyage if in the

course of the voyage the ship is present (except because of stress of

weather, saving life at sea or other unavoidable cause) in waters

Schedule 2 Consequential amendments

16 Navigation (Consequential Amendments) Bill 2012 No. , 2012

outside the outer limits of the exclusive economic zone of

Australia. However, the voyage is not an overseas voyage if:

(a) the voyage commences from a port in Queensland and ends

at the same port or another port in Queensland; and

(b) as an incidental part of its voyage, the ship is present in

waters that are outside the outer limits of the exclusive

economic zone of Australia but within the Protected Zone;

and

outer limits of the exclusive economic zone of Australia.

58 Subsection 3(1)

Insert:

Protected Zone means the zone that is:

(a) established under Article 10 of the Treaty between Australia

and the Independent State of Papua New Guinea concerning

Sovereignty and Maritime Boundaries in the area between

the two Countries, including the area known as Torres Strait,

and Related Matters, done at Sydney on 18 December 1978,

as amended and in force for Australia from time to time; and

(b) the area bounded by the line described in Annex 9 to that

Treaty.

Note:

The text of the Treaty is set out in Australian Treaty Series 1985 No. 4

([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

59 Subsection 3(1)

Insert:

regulated Australian vessel: a ship is a regulated Australian

vessel if it is a regulated Australian vessel for the purposes of the

Navigation Act 2012.

60 Subsection 3(1) (definition of Tonnage Measurement

Convention)

Repeal the definition, substitute:

Tonnage Measurement Convention means the Tonnage

Convention within the meaning of the Navigation Act 2012.

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 17

61 Subparagraphs 9(4)(a)(iii) and (b)(iii)

Omit all the words after "requirements", substitute "under regulations

made for the purposes of section 130 of the Navigation Act 2012".

62 Subparagraph 9(4)(c)(iii)

Omit all the words from and including "set" to and including "ensures",

substitute "under regulations made for the purposes of section 130 of

the Navigation Act 2012, that ensures".

63 Subparagraphs 9(4)(d)(vii) and (e)(vi)

Omit all the words after "required", substitute "under regulations made

for the purposes of section 130 of the Navigation Act 2012; and".

64 Paragraphs 21A(1)(a) and (2)(a)

Omit "Division 12A of Part IV of the Navigation Act 1912", substitute

"regulations made for the purposes of section 130 of the Navigation Act

2012".

65 Paragraph 22A(1)(b)

Omit "referred to in section 267V of the Navigation Act 1912",

substitute "under regulations made for the purposes of section 130 of

the Navigation Act 2012".

66 Section 26EAA

Repeal the section.

67 Subsection 26FET(9)

Repeal the subsection.

68 Subsection 33(2)

Repeal the subsection, substitute:

(2) Regulations, and orders made under section 34, giving effect to

Annex I, II, III, IV, V or VI to the Convention do not apply in

relation to a ship that is not a regulated Australian vessel, when the

ship is in a particular area, so far as:

(a) a provision of the Marine Safety (Domestic Commercial

Vessel) National Law gives effect to that Annex in relation to

that ship when it is in that area; or

Schedule 2 Consequential amendments

18 Navigation (Consequential Amendments) Bill 2012 No. , 2012

(b) if paragraph (a) does not apply--a provision of a law of a

State or the Northern Territory gives effect to that Annex in

relation to that ship when it is in that area.

69 Subsection 33(3)

Omit "not to be a ship as defined by subsection (4)", substitute "to be a

regulated Australian vessel".

70 Subsections 33(4) and (5)

Repeal the subsections.

Protection of the Sea (Shipping Levy Collection) Act 1981

71 Subsection 4(1) (definition of light dues)

Repeal the definition.

72 Subsection 4(1) (definition of overseas voyage)

Repeal the definition, substitute:

overseas voyage: a ship's voyage is an overseas voyage if in the

course of the voyage the ship is present (except because of stress of

weather, saving life at sea or other unavoidable cause) in waters

outside the outer limits of the exclusive economic zone of

Australia. However, the voyage is not an overseas voyage if:

(a) the voyage commences from a port in Queensland and ends

at the same port or another port in Queensland; and

(b) as an incidental part of its voyage, the ship is present in

waters that are outside the outer limits of the exclusive

economic zone of Australia but within the Protected Zone;

and

outer limits of the exclusive economic zone of Australia.

73 Subsection 4(1)

Insert:

Protected Zone means the zone that is:

(a) established under Article 10 of the Treaty between Australia

and the Independent State of Papua New Guinea concerning

Sovereignty and Maritime Boundaries in the area between

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 19

the two Countries, including the area known as Torres Strait,

and Related Matters, done at Sydney on 18 December 1978,

as amended and in force for Australia from time to time; and

(b) the area bounded by the line described in Annex 9 to that

Treaty.

Note:

The text of the Treaty is set out in Australian Treaty Series 1985 No. 4

([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty

Series was accessible through the Australian Treaties Library on the

AustLII website (www.austlii.edu.au).

74 Subsection 4(1) (definition of ship)

Repeal the definition, substitute:

ship means any kind of vessel used in navigation by water,

however propelled or moved, and includes the following:

(a) a barge, lighter or other floating craft;

(b) an air-cushion vehicle, or other similar craft, used wholly or

primarily in navigation by water.

75 Subsection 4(1) (definition of Tonnage Measurement

Convention)

Repeal the definition, substitute:

Tonnage Measurement Convention means the International

Convention on Tonnage Measurement of Ships, done at London on

23 June 1969, as amended and in force for Australia from time to

time.

Note:

The text of the Convention is set out in Australian Treaty Series 1982

No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

76 Subsection 8(2)

Repeal the subsection.

Radiocommunications Act 1992

77 Paragraph 108(2)(f)

Omit "subsection 269A(2) of the Navigation Act 1912", substitute

"section 187 of the Navigation Act 2012".

Schedule 2 Consequential amendments

20 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Seafarers Rehabilitation and Compensation Act 1992

78 Section 3 (definition of Navigation Act)

Repeal the definition.

79 Section 3 (definition of prescribed ship)

Repeal the definition, substitute:

prescribed ship means a ship that:

(a)

either:

(i) a ship to which Part II of the Navigation Act 1912

would apply if that Act had not been repealed; or

(ii) a ship that is declared under subsection 3A(1) to be a

prescribed ship; and

(b) is neither a Government ship nor a ship declared under

subsection 3A(2) not to be a prescribed ship.

80 Section 3 (definition of seafarer)

Repeal the definition, substitute:

seafarer means a seafarer, as defined in the Navigation Act 2012,

who is employed in any capacity on a prescribed ship, on the

business of the ship.

81 After section 3

Insert:

3A Declarations that a ship is or is not a prescribed ship

(1) The Minister may by legislative instrument declare a ship to be a

prescribed ship.

(2) The Minister may by legislative instrument declare a ship not to be

a prescribed ship.

82 Subsection 19(1A)

Repeal the subsection, substitute:

(1A) This Act also applies to the employment of employees on any

prescribed ship that:

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 21

(a) would be an off-shore industry vessel within the meaning of

the Navigation Act 1912 if that Act had not been repealed and

either:

(i) was, immediately before the repeal of that Act, covered

by a declaration in force under subsection 8A(2) of that

Act; or

(ii) is covered by a declaration in force under

subsection (1C) of this section; or

(b) would be a trading ship within the meaning of the Navigation

Act 1912 if that Act had not been repealed and either:

(i) was, immediately before the repeal of that Act, covered

by a declaration in force under subsection 8AA(2) of

that Act; or

(ii) is covered by a declaration in force under

subsection (1C) of this section.

(1B) However, this Act does not apply because of subsection (1A) to a

prescribed ship that is covered by a declaration in force under

subsection (1D).

(1C) The Authority may declare in writing that this Act applies to a

prescribed ship that would be an off-shore industry vessel, or a

trading ship, within the meaning of the Navigation Act 1912 if that

Act had not been repealed.

(1D) The Authority may declare in writing that this Act does not apply

because of subsection (1A) to a prescribed ship that would be an

off-shore industry vessel, or a trading ship, within the meaning of

the Navigation Act 1912 if that Act had not been repealed.

(1E) A declaration made under subsection (1C) or (1D) is not a

legislative instrument.

83 Subsection 31(3)

Omit "proper return port", substitute "home port (as defined in the

Navigation Act 2012)".

84 Subsection 31(15)

Repeal the subsection.

85 Application of amendments of section 31 of the Seafarers

Rehabilitation and Compensation Act 1992

Schedule 2 Consequential amendments

22 Navigation (Consequential Amendments) Bill 2012 No. , 2012

The amendments of section 31 of the Seafarers Rehabilitation and

Compensation Act 1992 made by this Schedule apply in relation to

incapacitation that starts after the commencement of the amendments.

Sea Installations Act 1987

86 Subsection 4(1) (paragraph (b) of the definition of

excluded wreck)

Repeal the paragraph, substitute:

(b) a wreck described in paragraph 238(1)(b) of the Navigation

Act 2012.

87 Subsection 4(1) (paragraph (d) of the definition of sea

installation)

Omit "within the meaning of Part IV of the Navigation Act 1912".

Shipping Registration Act 1981

88 Subsection 3(1) (definition of harbour)

Repeal the definition, substitute:

harbour means a natural or artificial harbour, and includes:

(a) a navigable estuary, river, creek or channel; or

(b) a haven, roadstead, dock, pier, jetty or offshore terminal; or

and unload goods or embark and disembark passengers.

89 Subsection 3(1)

Insert:

issuing body has the same meaning as in the Navigation Act.

90 Subsection 3(1) (definition of Navigation Act)

Omit "1912", substitute "2012".

91 Subsection 3(1) (paragraph (d) of the definition of

seafarer)

Repeal the paragraph, substitute:

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 23

(d) if the ship is a special purpose vessel within the meaning of

the Navigation Act--special personnel, within the meaning

of that Act, in relation to the vessel;

92 Subsection 3(1) (definition of surveyor)

Repeal the definition.

93 Subsection 3(1)

Insert:

work agreement has the same meaning as in the Navigation Act.

94 At the end of section 13

Add "but are subject to section 68 if they are unregistered ships".

95 Subsection 15D(1)

Omit "a surveyor", substitute "an employee or agent of an issuing

body".

96 Subsection 15D(2)

Omit "A surveyor", substitute "An employee or agent of an issuing

body".

97 Subsection 15D(3)

Omit "a surveyor", substitute "an employee or agent of an issuing

body".

98 Paragraph 15F(2)(d)

Omit "a surveyor", substitute "an employee or agent of an issuing

body".

99 Subsection 15F(4)

Omit "a surveyor", substitute "an employee or agent of an issuing

body".

100 At the end of section 33A

Add:

(4) Sections 257, 258 and 259 of the Navigation Act, and definitions in

Chapter 1 of that Act of terms relevant to any of those sections,

Schedule 2 Consequential amendments

24 Navigation (Consequential Amendments) Bill 2012 No. , 2012

apply in relation to this section as if this section were included in

that Act.

Note 1:

Those sections of the Navigation Act deal with boarding ships and

exercising monitoring powers to find out whether that Act is being, or

has been, complied with.

Note 2:

Part VB is also relevant to enforcement of this section.

101 Subparagraph 33B(1)(b)(i)

Omit "section 207 of".

102 Subparagraph 33B(1)(b)(ii)

Omit "section 207A of".

103 Subsection 61AD(1)

Omit "section 45A", substitute "regulations made for the purposes of

subsection 54(5)".

104 Subsection 61AG(1)

Omit "Part II", substitute "Part 4 or 5 of Chapter 2".

105 Subsection 61AH(2)

Repeal the subsection, substitute:

(2) So far as a work agreement applies to the seafarer while he or she

is working on board the ship when it is used to engage in

international trading, the work agreement is taken to include the

terms and conditions of the collective agreement.

Note:

It does not matter whether the work agreement was made before or

after the collective agreement was made.

106 Paragraph 61AI(1)(b)

Omit "referred to in section 45A of the Navigation Act".

107 Subsection 61AI(2)

Omit "referred to in section 45A of the Navigation Act".

108 Subsection 61AN(1)

Omit "section 127", substitute "section 68".

109 Subsection 61AO(1)

Consequential amendments Schedule 2

Navigation (Consequential Amendments) Bill 2012 No. , 2012 25

Omit "section 132", substitute "regulations made for the purposes of

section 59".

110 At the end of Part VA

Add:

Division 5--Enforcement of this Part

61AP Some provisions of the Navigation Act apply for enforcement

of this Part

Parts 1, 2, 3 and 4 of Chapter 8 of the Navigation Act, and

definitions in Chapter 1 of that Act of terms relevant to any of

those Parts, apply in relation to this Part as if:

(a) this Part were included in that Act; and

(b) a civil penalty provision (as defined in this Act) in this Part

were, for the purposes of that Act, a civil penalty provision

(as defined in that Act).

Note:

Part VB is also relevant to enforcement of this Part.

Transport Safety Investigation Act 2003

111 Paragraphs 18(3)(a) and 19(3)(a)

Omit "1912", substitute "2012".

Schedule 3 Amendments relating to the Maritime Labour Convention

26 Navigation (Consequential Amendments) Bill 2012 No. , 2012

Schedule 3--Amendments relating to the

Maritime Labour Convention

Navigation Act 2012

1 At the end of paragraph 12(c)

Add "or".

2 After paragraph 12(c)

Insert:

(ca) the Maritime Labour Convention;

3 Subsection 14(1)

Insert:

Maritime Labour Convention means the Maritime Labour

Convention, 2006, done at Geneva on 23 February 2006, as

amended and in force for Australia from time to time.

4 Section 24

Omit "or the Prevention of Pollution Convention" substitute ", the

Prevention of Pollution Convention or the Maritime Labour

Convention"

5 At the end of subsection 340(1)

Add:

; (i) the Maritime Labour Convention.

Commonwealth of Australia Bills

NAVIGATION (CONSEQUENTIAL AMENDMENTS) BILL 2012