Commonwealth Numbered Acts Commonwealth Numbered Acts
Australian Maritime Safety Authority Act 1990
1 Section 46 (at the end of the definition of charge )
Add:
; or (d) a fee in respect of a matter referred to in section 15, 15C, 15D or 57 of the Shipping Registration Act 1981 .
Marine Navigation (Regulatory Functions) Levy Collection Act 1991
2 Section 3
Insert:
"Australian International Shipping Register" has the same meaning as in the Shipping Registration Act 1981 .
3 Section 3 (definition of sea-going ship )
Repeal the definition, substitute:
"sea-going ship" means:
(a) a ship which, in the course of a voyage to or from an Australian port, passes a marine navigational aid under the control of the Commonwealth; or
(b) a ship that is registered in the Australian International Shipping Register.
4 Subsection 6(3)
Omit "or (2)", substitute ", (2) or (4A)".
5 After subsection 6(4)
Insert:
(4A) Levy in respect of a ship that is registered in the Australian International Shipping Register is payable on the first day of each quarter.
6 Subsection 2(1) (table item 2)
Repeal the item, substitute:
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2. Schedule 1, item 1 |
1 July 2012. |
1 July 2012 |
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2A. Schedule 1, items 2 and 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. |
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2B. Schedule 1, items 3A to 33 |
1 July 2012. |
1 July 2012 |
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2C. Schedule 1, items 34 to 40 |
At the same time as the provision(s) covered by table item 2A. |
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2D. Schedule 1, items 41 and 42 |
1 July 2012. |
1 July 2012 |
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2E. Schedule 1, items 43 and 44 |
At the same time as the provision(s) covered by table item 2A. |
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2F. Schedule 1, item 45 |
1 July 2012. |
1 July 2012 |
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2G. Schedule 1, items 46 and 47 |
At the same time as the provision(s) covered by table item 2A. |
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2H. Schedule 1, item 48 |
1 July 2012. |
1 July 2012 |
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2J. Schedule 1, items 49 to 57 |
At the same time as the provision(s) covered by table item 2A. |
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2K. Schedule 1, items 58 to 62 |
1 July 2012. |
1 July 2012 |
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2L. Schedule 1, items 63 to 72 |
At the same time as the provision(s) covered by table item 2A. |
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2M. Schedule 1, item 73 |
1 July 2012. |
1 July 2012 |
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2N. Schedule 1, items 74 to 77 |
At the same time as the provision(s) covered by table item 2A. |
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2P. Schedule 1, items 78 to 79A |
1 July 2012. |
1 July 2012 |
7 After item 3 of Schedule 1
Insert:
3A Subsection 6(1)
Insert:
"owner" of a ship means one or more of the following:
(a) a person who has a legal or beneficial interest in the ship;
(b) a person with overall general control and management of the ship;
(c) a person who has assumed responsibility for the ship from a person referred to in paragraph (a) or (b).
For the purposes of paragraphs (b) and (c), a person is not taken to have overall general control and management of a ship, or to have assumed responsibility for a ship, merely because he or she is the master or pilot of the ship.
3B Subsection 6(4)
Repeal the subsection.
8 Item 4 of Schedule 1
Repeal the item, substitute:
4 Division 8 of Part II (heading)
Repeal the heading, substitute:
Division 8 -- Engagement of seamen and masters etc.
Subdivision A -- Work agreements
Requirement that seaman have a work agreement
(1) A person commits an offence if:
(a) the person is the master or owner of a ship; and
(b) the master takes the ship to sea; and
(c) a seaman is on board the ship; and
(d) when the ship is taken to sea, a work agreement that complies with this section is not in force in relation to the seaman.
Penalty: 20 penalty units.
When a work agreement complies with this section
(2) A work agreement complies with this section if the work agreement is in accordance with any regulations made for the purposes of subsection (3).
Regulations about work agreements
(3) The regulations may prescribe matters relating to work agreements including, but not limited to, the following:
(a) the content and form of work agreements (including terms and conditions about the amount of wages and paid annual leave);
(b) the right of a seaman to review, and seek advice on, a work agreement before signing it;
(c) the process for signing work agreements;
(d) the information or documents that must be given to, or made available to, seamen in relation to work agreements and the manner in which such information or documents must be given or made available;
(e) the termination of work agreements.
Definitions
(4) In this section:
"agreement" has its ordinary meaning.
"seaman" includes the master of a ship.
"work agreement" means an agreement that is made between a seaman and the owner of a ship.
Subdivision B -- Articles of agreement etc.
9 Item 6 of Schedule 1
Repeal the item.
10 Items 11 and 21 of Schedule 1
Repeal the items.
11 Items 61 and 62 of Schedule 1
Repeal the items, substitute:
61 After subsection 190AA(2)
Insert:
(2AA) The powers of a surveyor under subsection (1) extend to:
(a) the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of:
(i) this Act, the regulations and orders; and
(ii) Part VA of the Shipping Registration Act 1981 ;
relating to the working and living conditions of the seamen on board the ship and of the master of the ship as apply to the ship; and
(b) requiring the production to the surveyor of any document relating to those conditions.
(2AB) The powers of a surveyor under subsection (1) extend to:
(a) the inspection of a ship for the purpose of ascertaining whether the ship complies with section 33A of the Shipping Registration Act 1981 (which is about registration conditions for certain ships); and
(b) requiring the production to the surveyor of any document relating to compliance with that section.
(2AC) Subsections (2), (2AA) and (2AB) do not limit subsection (1).
62 Subsection 190AA(2A)
Omit "or (2)", substitute ", (2), (2AA) or (2AB)".
12 At the end of Part 1 of Schedule 1
Add:
79A Application of items that commence on 1 July 2012
(1) The amendments made by the items of this Schedule that commence on 1 July 2012 (see the commencement table in section 2) apply, on and after that day, in relation to ships that are registered in the Australian International Shipping Register (within the meaning of the Shipping Registration Act 1981 ).
(2) The amendments made by those items also apply, on and after 1 January 2013, in relation to ships that are registered in the Australian General Shipping Register (within the meaning of that Act).