2 Commencement s. 2 This Act comes into operation on a day to be proclaimed. 3 Definitions (1) In this Act— applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of Victoria because of section 4; Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments— (a) the Administrative Appeals Tribunal Act 1975 (excluding Part IVA); (b) the Freedom of Information Act 1982; (c) the Ombudsman Act 1976; (d) the Privacy Act 1988; (e) the regulations and other legislative instruments in force under any of those Acts; Commonwealth domestic commercial vessel national law means the following Commonwealth Acts, regulations or other legislative instruments— (a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012);
Table Column 1 Item Column 2 Size of vessel Column 3 For all Class 1 vessels fee per metre of the length of vessel Column 4 For all other Classes of vessels fee per metre of the length of vessel 1 For new vessels of or not exceeding 7·5 metres in length 565 fee units 565 fee units 2 For new vessels exceeding 7·5 metres in length and less than 20 metres in length 505 fee units 44 fee units 3 For new vessels of or exceeding 20 metres in length 44 fee units 314 fee units Sch. 4 Fee for booking a survey for existing domestic commercial vessel The fee to be paid at the time of booking a survey for an existing domestic commercial vessel is 84 fee units. 5 Fee for survey of existing domestic commercial vessel The fee to be paid for the survey of an existing domestic commercial vessel of a size specified in Column 2 of the following Table is the amount specified for that class of vessel in Column 3 or 4 of the Table opposite that size of vessel.
Table Column 1 Item Column 2 Size of vessel Column 3 Class 1 vessels Column 4 All other Classes 1 For vessels of or not exceeding 5 metres in length 885 fee units 585 fee units 2 For vessels exceeding 5 metres in length or of or not exceeding 10 metres in length 19 fee units 1265 fee units 3 For vessels exceeding 10 metres in length or of or not exceeding 20 metres in length 253 fee units 169 fee units 4 For vessels exceeding 20 metres in length or of or not exceeding 35 metres in length 38 fee units 253 fee units 5 For vessels exceeding 35 metres in length 57 fee units 38 fee units Sch. 6 Fee for additional visit for an existing vessel survey The fee to be paid for each additional visit by a surveyor authorised by the National Regulator that is required for the purposes of an existing domestic commercial vessel survey is 84 fee units.
IGA The Inter-Governmental Agreement for Commercial Vessel Safety Reform signed on 19 August 2011 Inspector A Marine Safety Inspector appointed under Part 6 of the Bill National Law Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 of the Bill National Regulator The National Regulator established under Part 2 of the Bill NMSC National Marine Safety Committee NSCV National Standard for Commercial Vessels OBPR Office of Best Practice Regulation RIS Regulation Impact Statement SCOTI Standing Council on Transport and Infrastructure SOLAS International Convention for the Safety of Life at Sea Annexure 1 The Bill/this Bill Marine Safety (Domestic Commercial Vessel) National Law Bill 2012 The Act/this Act Marine Safety (Domestic Commercial Vessel) National Law Act 2012 TISOC Transport and Infrastructure Senior Officials Committee USL Code Uniform Shipping Laws Code
c) Victoria – 21.5% d) Queensland – 21.5% e) Western Australia – 10.25% f) South Australia – 7% g) Tasmania – 2.75% h) Northern Territory – 1% i) Australian Capital Territory – 0% These funding arrangements will be reviewed by SCOTI in the first half of 2016, or a later date agreed by SCOTI. REGULATORY IMPACT STATEMENT The commercial vessel safety national reform was first initiated in July 2009 when COAG decided to take a national approach to regulating the safety of all domestic commercial vessels in Australian waters by 2013. COAG’s decision reflects recommendations made by the Australian Transport Council (ATC). ATC’s recommendations were informed by a Regulatory Impact Statement (RIS), which explored perceived problems with the current regulatory framework and considered alternate options for national reform of maritime safety regulation. Annexure 1 The RIS, which can be found at: incorporated feedback provided in over 90 written submissions and 22 public meetings held around Australia.
Sub-clause 1 provides that the master of a domestic commercial vessel is guilty of an offence if the master breaches, or causes or permits another person to breach, a condition on an exemption. Annexure 1 Sub-clause 2 clarifies that an offence under sub-clause 1 is a strict liability offence. Clause 146 – Offence of breaching a condition of exemption (all persons) Sub-clause 1 provides that a person is guilty of an offence if the person breaches a condition on an exemption. Sub-clause 2 clarifies that an offence under Sub-clause 1 is a strict liability offence. Division 3—Application of National Law to certain bodies Clause 147 – Treatment of partnerships Sub-clause 1 provides that this Bill applies to partnerships as if they were a person, but with the modifications outlined in this clause. Sub-clause 2 provides that an obligation imposed on a partnership by this Bill is imposed on each partner, but can be discharged by any partner. Sub-clause 3 provides that an offence by a partnership under this Bill is an offence by each partner. Sub-clause 4 provides that a partner does not commit an offence if they were not aware of the circumstance that created the offence or if they took all reasonable steps to correct the offence as soon as possible after becoming aware of the circumstances. The partner is required to provide evidence to support their claim that they were not aware or that they took all reasonable steps as soon as possible in the particular circumstances. Otherwise, they will be guilty of an offence under subclause 1.
approved training organisation means a training organisation that is approved in accordance with regulations made for the purposes of section 160. certificate means any of the following: (a) a certificate of operation; (b) a certificate of survey; (c) a certificate of competency. certificate of competency means a certificate issued under section 60. certificate of operation means a certificate issued under section 48. certificate of survey means a certificate issued under section 38. close quarters situation means a situation in which vessels pass each other, or a vessel passes another vessel, a person or an object, in such proximity that a reasonable person would conclude that in all the circumstances there was a risk of an imminent collision. COAG means the Council of Australian Governments. Annexure 1 COAG Council means the council established by COAG that has responsibility for marine safety. Commonwealth Minister means the Minister of State of the Commonwealth administering this Law. company has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth. Note: Under the Income Tax Assessment Act 1997 of the Commonwealth, company includes an unincorporated association or body of persons. crew of a vessel means individuals employed or engaged in any capacity on board the vessel on the business of the vessel, other than the master of the vessel or a pilot. Criminal Code means the Criminal Code of the Commonwealth.
Item 2 – this inserts the term “conduct” into the National Law. Item 3 – this inserts the definition of “officer”. Item 4 – this inserts the definition of “volunteer association”. Item 5 – this inserts the term “worker” into the National Law. Item 6 – this inserts the definition of “conduct a business or undertaking”. Item 7 – this inserts the definition of “worker”. Offences and penalty provisions Annexure 2 The following items address the alignment of the offence framework to that contained in the WHS Act in relation to breaches of general safety duties under the National Law. The WHS Act provides for three categories of offences against health and safety duties. Category 1 offences are for a breach that involves reckless conduct and carries the highest penalty, including imprisonment of up to 5 years. These offences involve reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 2 offences are for a breach that involves intentional conduct, but is not reckless conduct that exposes an individual to a risk of death, serious injury or illness without a reasonable excuse. Category 3 offences do not require that a breach exposes an individual to a risk of death, serious injury or illness without a reasonable excuse, only that the act or omission that contravened the general safety duty occurred.
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. 14 March 2013 2. Schedule 1 The later of: (a) the start of the day this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. 1 July 2013 (paragraph (b) applies) 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. Annexure 3 (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.