Maritime Transport (Offshore Installations) Amendment Act 2019

1: Title
This Act is the Maritime Transport (Offshore Installations) Amendment Act 2019.
2: Commencement
This Act comes into force on 1 January 2020.
3: Principal Act
This Act amends the Maritime Transport Act 1994 principal Act 2020-01-01 Maritime Transport Act 1994
1: Amendments to Part 26A of principal Act
4: Section 385A amended (Interpretation)
In section 385A insurance
5: Section 385J replaced (Rights of third parties against insurers of regulated offshore installations)
Replace section 385J
385J: Rights of third-party claimants against insurers of regulated offshore installations
1: This section applies if the owner of a regulated offshore installation is alleged to have incurred liability to a person (a claimant
a: section 385B
b: section 385C
c: section 385D
2: The claimant may recover the insured amount of the liability from any person (in this section, the insurer section 385H
3: The insured amount of the liability is the amount of indemnity (if any) payable under the terms of the contract of insurance or other financial security in respect of the owner’s liability to the claimant.
4: Proceedings may only be brought by a claimant against an insurer under this section with the leave of the court.
5: In proceedings brought by a claimant against an insurer under this section,—
a: the insurer stands in the place of the owner as if the proceedings were proceedings to recover damages, compensation, or costs from the owner; and
b: the parties have the same rights and liabilities, and the court has the same powers, as if the proceedings were proceedings brought against the insured person; and
c: the insurer is entitled to rely on any defence or any other matter in answer to the claim or in reduction of its liability to the claimant—
i: that the insurer would have been entitled to rely on in a claim made by the owner under the terms of the contract of insurance or other financial security; or
ii: that the owner would have been entitled to rely on in proceedings brought by the claimant against the owner in respect of the liability.
6: However, despite subsections (3) and (5)﻿(c)﻿(i), the insurer is not entitled to rely on any defence arising from an act or omission by the owner that occurred after the event that gave rise to the liability (for example, a defence based on a failure by the owner to comply with a condition that the owner provide information or assistance to the insurer).
7: Nothing in this section—
a: entitles a claimant to recover any amount from a re-insurer under a contract or arrangement for re-insurance:
b: prejudices any claim, or the enforcement of any claim, by any person against the owner of a regulated offshore installation in respect of pollution damage.
8: Any payment made by the insurer to the claimant under this section in respect of the liability discharges, to the extent of the payment, the liability of the insurer to make a payment to the owner under the terms of the contract of insurance or other financial security in respect of the liability.
9: An insurer’s liability to a claimant under this section is not reduced, discharged, or otherwise affected by—
a: any compromise or settlement between the insurer and the owner in respect of the liability; or
b: any payment by the insurer to the owner in respect of the liability unless and to the extent that the amount of the payment is or has been paid by the owner to the claimant in respect of the liability. Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 4, 7, 9–11
2: Other amendments to principal Act
6: Section 387 amended (Marine protection rules relating to marine protection documents)
1: In section 387(4) relevant insurance policy, bond, or other form of financial security relevant insurance or other financial security
2: After section 387(4)
4A: Without limiting subsection (4), the marine protection rules may—
a: provide for the types of liability and the amount for which insurance or other financial security must be held for the purpose of section 385H
b: set requirements and criteria for regulated offshore installations that must be satisfied in respect of insurance or other financial security for the costs of complying with a marine oil spill contingency plan in accordance with section 313
7: Schedule 1AA amended
In Schedule 1AA, after Part 1
2: Maritime Transport (Offshore Installations) Amendment Act 2019
4: Old section 385J applies to existing proceedings
Section 385J Maritime Transport (Offshore Installations) Amendment Act 2019
5: Rules may provide for early expiry of certificates of insurance
1: For the purpose of implementing the Maritime Transport (Offshore Installations) Amendment Act 2019 amendment Act section 387(4) or (4A)﻿(a) section 385H
2: Nothing in subclause (1) limits the ability of rules made under this Act to provide for transitional matters.