Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p28
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 70496–73290

AMENDMENT ACT 1986

1. Subsection 2(5):

  Omit "1984", substitute "1992''.

2. Section 36 (definition of "the Convention"):

  Omit "1984", substitute " 1992".

3. Section 36 (definition of "the 1984 Protocol"):

  Omit the definition, substitute:

" 'the 1992 Protocol' means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2).".

4. Schedule 8:

Repeal the Schedule, substitute the Schedule set out in Schedule 2 to this Act.

PART K

AMENDMENTS OF THE SHIPS (CAPITAL GRANTS) ACT 1987

1. Section 3 (definition of "eligible ship"):

  (a) Omit "21" (wherever occurring), substitute "18".

  (b) Omit "23" from paragraph (b), substitute "18".

2. Paragraph 7(l)(a):

  Omit "21", substitute "18".

3. Paragraph 7(l)(b):

  Omit "23", substitute "18".

4. Subsection 17(4):

  Omit the subsection, substitute:

"(4) If the Secretary is satisfied (whether as a result of an examination of an acknowledgment or otherwise), that there has been an overpayment of a claim by more than $100, the Secretary must cause a written demand for repayment of an amount of the overpayment to be served on the claimant.

"(4A) The written demand must, if there has not been an acknowledgment of the overpayment, set out the reason why the Secretary is of the view that there has been an overpayment.

SCHEDULE 1—continued

"(4B) The claimant becomes, on receipt of a written demand under subsection (4), liable to repay the amount demanded to the Commonwealth.".

5. Subsection 21(1):

    (a) Omit "that is one of the 5 grant years immediately after the grant year in which the grant was paid", substitute "or a part of a grant year ending not later than 5 years after the payment of the grant".

    (b) Omit "in the April immediately after the first-mentioned grant year", substitute "in April following each such grant year or part of a grant year".

6. After subsection 21(4):

  Insert:

  "(5) In this section:

'part of a grant year' means:

    (a) the period beginning with the making of the grant and ending with the start of the first complete grant year after the making of the grant; and

    (b) the period beginning immediately after the end of the last complete grant year to end before the fifth anniversary of the making of the grant and ending on that fifth anniversary.".

    __________

 SCHEDULE 2    Section 3 and item 4 of
 Part K of Schedule 1

SCHEDULE SUBSTITUTED FOR SCHEDULE 8 TO THE PROTECTION OF THE SEA LEGISLATION AMENDMENT ACT 1986

                        "SCHEDULE 8 Section 40

SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981

                        'SCHEDULE 2 Section 3

PROTOCOL OF 1992 TO AMEND THE