Maritime Legislation Amendment Act 2007
No. 150, 2007
An Act to amend maritime legislation, and for other purposes
[Assented to 24 September 2007]
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Maritime
Legislation Amendment Act 2007.
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.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 to 3 and anything in this Act not
elsewhere covered by this table
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The day on which this Act receives the Royal Assent.
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24 September 2007
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2. Schedule 1
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A single day to be fixed by Proclamation.
However, if the provision(s) do not commence on or before
1 January 2009, they do not commence at all.
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1 January 2008
(see F2007L04141)
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3. Schedule 2
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The day on which this Act receives the Royal Assent.
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24 September 2007
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Note: This table
relates only to the provisions of this Act as originally passed by both Houses
of the Parliament and assented to. It will not be expanded to deal with
provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or 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to this Act is amended or repealed as set out in the applicable items in the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 1—Integration of the Australian Maritime College with the
University of Tasmania
Part 1—Preliminary
1 Definitions
In this Schedule:
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
AMC institute means the institute, named the Australian
Maritime College, referred to in item 1.1 of the table in subitem 16(2).
AMC institute funding, for a post‑integration year,
has the meaning given by item 15.
asset means:
(a) any legal or equitable estate or
interest in real or personal property, whether actual, contingent or
prospective; and
(b) any right, power, privilege or
immunity, whether actual, contingent or prospective.
To avoid doubt, the assets of the College
immediately before the integration time include any fees that are payable to
the College at that time, including student contribution amounts and tuition
fees within the meaning of the Higher Education Support Act 2003.
assets official, in relation to an asset other than
land, means the person or authority who, under a law of the Commonwealth, a
State or a Territory, under a trust instrument or otherwise, has responsibility
for keeping a register in relation to assets of the kind concerned.
Board means the Board of the AMC institute referred
to in paragraph (d) of item 1.1 of the table in subitem 16(2).
College has the same meaning as in the old law.
Education Minister means the Minister administering
the Higher Education Support Act 2003.
financial assets has the same meaning as in the
accounting standards (made under section 334 of the Corporations Act
2001) as in force immediately before the integration time.
Heads of Agreement means the Heads of Agreement in
respect of the integration of the Australian Maritime College and the
University of Tasmania, entered into by the University and the College in
October 2006.
initial post‑integration period means the period of
3 months beginning at the integration time.
instrument:
(a) includes:
(i) a contract, deed,
undertaking or agreement; and
(ii) a notice, authority,
order or instruction; and
(iii) an instrument made
under an Act or regulations; and
(iv) regulations; but
(b) does not include:
(i) the Heads of
Agreement; or
(ii) a Statute (within the
meaning of the old law); or
(iii) an Act.
integration time means the time when this Schedule
commences.
just terms has the same meaning as in paragraph
51(xxxi) of the Constitution.
land means any legal or equitable estate or
interest in real property, whether actual, contingent or prospective.
land registration official, in relation to land,
means the Registrar of Titles or other proper officer of the State or Territory
in which the land is situated.
liability means any liability, duty or obligation,
whether actual, contingent or prospective.
members has the same meaning as in the old law.
old law means the Maritime College Act 1978
as in force immediately before the integration time.
post‑integration year means:
(a) the year beginning at the
integration time; or
(b) any of the next 4 years.
Principal means the Principal of the AMC institute
referred to in paragraph (c) of item 1.1 of the table in subitem
16(2).
University means the University of Tasmania.
University funding, for a post‑integration year,
means the grant payable to the University under Part 2‑2 of the Higher
Education Support Act 2003 (Commonwealth Grant Scheme) in respect of the
year.
University funding agreement, for a post‑integration
year, means the funding agreement entered into by the University with the
Commonwealth under section 30‑25 of the Higher Education Support Act
2003 in respect of the year, or in respect of a period that includes the
year.
Part 2—Repeal of the Maritime College Act 1978
Maritime College Act 1978
2 The whole of the Act
Repeal the Act.
Part 3—General transitional provisions
Division 1—Assets, liabilities
and legal proceedings
3 Vesting of assets of College
(1) This item applies to the assets of the College
immediately before the integration time.
(2) At the integration time, the assets to which this
item applies cease to be assets of the College and become assets of the
University without any conveyance, transfer or assignment. The University
becomes the successor in law in relation to these assets.
4 Vesting of liabilities of College
(1) This item applies to the liabilities of the College
immediately before the integration time.
(2) At the integration time, the liabilities to which
this item applies cease to be liabilities of the College and become liabilities
of the University without any conveyance, transfer or assignment. The University
becomes the successor in law in relation to these liabilities.
5 Certificates relating to vesting of land
(1) This item applies if:
(a) any land vests in the University
under this Division; and
(b) there is lodged with a land
registration official a certificate that:
(i) is signed by the
Minister; and
(ii) identifies the land,
whether by reference to a map or otherwise; and
(iii) states that the land
has become vested in the University under this Division.
Note: Certificates under paragraph (1)(b) are
presumed to be authentic: see item 13.
(2) The land registration official may:
(a) register the matter in a way that
is the same as, or similar to, the way in which dealings in land of that kind
are registered; and
(b) deal with, and give effect to, the
certificate.
6 Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) any asset other than land vests in
the University under this Division; and
(b) there is lodged with an assets
official a certificate that:
(i) is signed by the
Minister; and
(ii) identifies the asset;
and
(iii) states that the asset
has become vested in the University under this Division.
Note: Certificates under paragraph (1)(b) are
presumed to be authentic: see item 13.
(2) The assets official may:
(a) deal with, and give effect to, the
certificate as if it were a proper and appropriate instrument for transactions
in relation to assets of that kind; and
(b) make such entries in the register
as are necessary having regard to the effect of this Part.
7 Substitution of University as a party to pending
proceedings
If any proceedings to which the College was a party were pending
in any court or tribunal immediately before the integration time, the
University is substituted for the College, from the integration time, as a
party to the proceedings.
8 Transfer of custody of College records
Transfer of custody of College records
(1) Subitem (2) applies to any records or documents
that, immediately before the integration time, were in the custody of the
College.
(2) The records and documents are to be transferred into
the custody of the Commonwealth at or after the integration time.
Commonwealth Authorities and Companies Act 1997 records
(3) The Commonwealth must retain the records and
documents that are:
(a) accounting records kept by the
College under subsection 20(1) of the Commonwealth Authorities and Companies
Act 1997; and
(b) transferred to the Commonwealth
under subitem (2);
for at least 7 years after completion of the transactions to
which the accounting records relate.
(4) Section 27L of the Commonwealth Authorities
and Companies Act 1997 continues to apply in relation to records and
documents that are:
(a) the books of the College (within
the meaning of that section as in force immediately before the integration
time); and
(b) transferred to the Commonwealth
under subitem (2);
as if the reference in subsection 27L(4) of that Act to a
Commonwealth authority were a reference to the Commonwealth.
Division 2—Reference to, and
things done by or in relation to, the College
9 References in instruments
References to College taken to be references to University
(1) If:
(a) an instrument is in force
immediately before the integration time; and
(b) the instrument contains a
reference to the College;
the instrument has effect from the integration time as if the
reference to the College were a reference to the University.
References to staff of College taken to be references to
staff of University
(2) If:
(a) an instrument is in force
immediately before the integration time; and
(b) the instrument contains a
reference to a member of the staff of the College;
the instrument has effect from the integration time as if the
reference to the member of the staff of the College were a reference to a
member of the staff of the University.
References to students of College taken to be references
to students of University
(3) If:
(a) an instrument is in force
immediately before the integration time; and
(b) the instrument contains a
reference to a student of the College;
the instrument has effect from the integration time as if the
reference to the student of the College were a reference to a student of the
University.
Minister and regulations may provide otherwise
(4) The Minister may, by writing, determine that subitem (1),
(2) or (3) does not apply in relation to a specified reference. A determination
under this subitem has effect accordingly.
(5) The regulations may provide that an instrument
containing a reference specified in a determination under subitem (4) has
effect from the integration time as if:
(a) in the case of an instrument
covered by subitem (1)—the reference were a reference to a specified
person or body other than the University; or
(b) in the case of an instrument
covered by subitem (2)—the reference were a reference to a specified
person or body other than a member of the staff of the University; or
(c) in the case of an instrument
covered by subitem (3)—the reference were a reference to a specified
person or body other than a student of the University.
Determinations are not legislative instruments
(6) A determination under subitem (4) is not a
legislative instrument.
10 Operation of laws
Things done by College taken to be done by University
(1) If, before the integration time, a thing was done
by, or in relation to, the College, then, for the purposes of the operation of
any law of the Commonwealth after the integration time, the thing is taken to
have been done by, or in relation to, the University.
Minister and regulations may provide otherwise
(2) The Minister may, by writing, determine that
subitem (1) does not apply in relation to a specified thing done by, or in
relation to, the College. A determination under this subitem has effect
accordingly.
(3) The regulations may provide for a thing specified in
a determination under subitem (2) to be taken to have been done by, or in
relation to, a specified person or body other than the University.
Meaning of doing
(4) To avoid doubt, for the purposes of this item, doing
a thing includes making an instrument.
Determinations are not legislative instruments
(5) A determination made under subitem (2) is not a
legislative instrument.
11 Financial statements and other reporting requirements
Reporting requirements
(1) If:
(a) immediately before the integration
time, a law required the College (including the members) to provide a report
(whether financial statements or otherwise) for a period; and
(b) the period ends after the
integration time;
the Board must provide the report, as required, for so much of
the period as occurs before the integration time.
Outstanding reporting requirements
(2) If:
(a) a law required the College
(including the members) to provide a report (whether financial statements or
otherwise) for a period that ended before the integration time; and
(b) the report has not been provided
by the integration time;
the Board must provide the report as required.
Application of law to Board
(3) To avoid doubt, if, under this item, the Board is
required to provide a report under a law, the law applies to the Board in
respect of the report in the same way as the law would have applied to the
College (including the members) in respect of the report.
Division 3—Miscellaneous
12 Exemption from stamp duty and other State or Territory
taxes
No stamp duty or other tax is payable by the Commonwealth under a
law of a State or Territory in respect of, or in respect of anything connected
with:
(a) the transfer of an asset or
liability under this Part; or
(b) the operation of this Part in any
other respect.
13 Certificates taken to be authentic
A document that appears to be a certificate made or issued under
a particular provision of this Part:
(a) is taken to be such a certificate;
and
(b) is taken to have been properly
given;
unless the contrary is established.
14 Regulations
(1) The Governor‑General may make regulations
prescribing matters:
(a) required or permitted by this Part
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Part.
(2) In particular, regulations may be made prescribing
matters of a transitional nature (including prescribing any saving or
application provisions) relating to the repeal made by Part 2.
Part 4—Transitional provisions relating to the AMC institute
15 AMC institute funding
(1) The University funding agreement for a post‑integration
year must specify, or specify a method of calculating, the portion of the
University funding for the year that is to be AMC institute funding for the
year.
(2) For the purposes of this Schedule, AMC
institute funding for the year is the portion so specified or
calculated.
16 Review of integration after 3 months
AMC institute funding for first 5 years after integration
(1) For the purposes of the Higher Education Support
Act 2003, the University receives AMC institute funding for a post‑integration
year on condition that the Minister does not give, or has not given, the
Education Minister a certificate under paragraph (2)(b) during the period
of 28 days immediately following the initial post‑integration period.
Note: If the Minister gives a certificate to the
Education Minister under paragraph (2)(b), the Education Minister may
require the University to repay AMC institute funding for a post‑integration
year: see Part 2‑5 of the Higher Education Support Act 2003.
Conditions and ministerial certificate
(2) During the period of 28 days immediately following
the initial post‑integration period, the Minister must consider whether all of
the conditions in the following table are met and:
(a) if the Minister is satisfied that
all of the conditions are met:
(i) certify this in
writing; and
(ii) give the certificate
to the Education Minister; or
(b) if the Minister is not satisfied
that all of the conditions are met:
(i) certify this in
writing; and
(ii) state, in writing, his
or her reasons for not being satisfied; and
(iii) give the certificate
and statement to the Education Minister.
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Funding conditions
relating to the initial post‑integration period
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Item
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Condition
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1.1
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During the initial post‑integration period and in
accordance with the Heads of Agreement, the University established an
institute within the University:
(a) named the Australian Maritime College; and
(b) having the objectives of:
(i) providing maritime and related education and training
suitable for seafarers and other participants in the maritime industry; and
(ii) conducting examinations and assessments for marine
competency under the Navigation Act 1912; and
(iii) conducting research activities and programs relating to
maritime and related education and training, including pure and applied
research, consultancies for government and industry and research training;
and
(c) having a Principal; and
(d) having a Board:
(i) that reports to the Council of the University; and
(ii) that has the right to advise the Council of the
University on matters relating to the AMC institute; and
(iii) to which the Council of the University has delegated
sufficient authority and autonomy to enable the Board to set the priorities,
and determine the strategies, for achieving the objectives of the AMC
institute.
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2.1
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During the initial post‑integration period, each person
who:
(a) immediately before the integration time, was a student of
the College; and
(b) apart from the integration of the College with the
University, would have been a student of the College at the integration time;
became a student of the University.
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2.2
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Throughout the initial post‑integration period:
(a) the persons referred to in item 2.1; and
(b) other former students of the College;
had the same rights and privileges as current students or
former students, as applicable, of the University.
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3.1
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At the integration time, each person who:
(a) immediately before the integration time, was a member of
the staff of the College; and
(b) apart from the integration of the College with the
University, would have been a member of the staff of the College at the
integration time;
became a member of the staff of the University on terms
and conditions that did not provide a less favourable outcome for the person
than the terms and conditions that applied to the person immediately before
the integration time.
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4.1
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During the initial post‑integration period, financial
assets equivalent to the financial assets of the College transferred to the
University under Part 3 were set apart for the purposes of the AMC
institute.
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5.1
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Throughout the initial post‑integration period, the AMC
institute had priority access to the land and other assets of the College
transferred to the University under Part 3 and not disposed of during
the period.
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17 Annual review of integration during first 5 years
AMC institute funding for first 5 years after integration
(1) For the purposes of the Higher Education Support
Act 2003, the University receives AMC institute funding for a post‑integration
year on condition that the Minister does not give the Education Minister a
certificate under paragraph (2)(b) in relation to the year during the
period of 60 days immediately following the year.
Note: If the Minister gives a certificate to the
Education Minister under paragraph (2)(b) in relation to a post‑integration
year, the Education Minister may require the University to repay AMC institute
funding for the year: see Part 2‑5 of the Higher Education Support Act
2003.
Conditions and ministerial certificates
(2) During the period of 60 days immediately following
each post‑integration year, the Minister must consider whether all of the
conditions in the following table are met in relation to the year and:
(a) if the Minister is satisfied that
all of the conditions are met in relation to the year:
(i) certify this in
writing; and
(ii) give the certificate
to the Education Minister; and
(b) if the Minister is not satisfied
that all of the conditions are met in relation to the year:
(i) certify this in
writing; and
(ii) state, in writing, his
or her reasons for not being satisfied; and
(iii) give the certificate
and statement to the Education Minister.
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Funding conditions
relating to a post‑integration year
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Item
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Condition
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1.1
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Throughout the year (other than, in the case of the first
post‑integration year, the period before the establishment of the AMC
institute) and in accordance with the Heads of Agreement, there was an
institute within the University:
(a) named the Australian Maritime College; and
(b) having the objectives of:
(i) providing maritime and related education and training
suitable for seafarers and other participants in the maritime industry; and
(ii) conducting examinations and assessments for marine
competency under the Navigation Act 1912; and
(iii) conducting research activities and programs relating to
maritime and related education and training, including pure and applied
research, consultancies for government and industry and research training;
and
(c) having a Principal; and
(d) having a Board:
(i) that reports to the Council of the University; and
(ii) that has the right to advise the Council of the
University on matters relating to the AMC institute; and
(iii) to which the Council of the University has delegated
sufficient authority and autonomy to enable the Board to set the priorities,
and determine the strategies, for achieving the objectives of the AMC
institute.
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2.1
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The Board consisted of the following members appointed by
the Council of the University:
(a) the Principal;
(b) a person with both:
(i) expertise in the shipping industry; and
(ii) knowledge of issues affecting seafarers;
(c) a person with expertise in both:
(i) national and international shipping safety; and
(ii) the certification of seafarer training;
(d) up to 5 other members.
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2.2
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The Board included members with skills in all of the
following areas:
(a) governance;
(b) business or finance;
(c) law;
(d) higher and further education.
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3.1
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Before the end of the year, the Board:
(a) prepared a report:
(i) in consultation with the Council of the University; and
(ii) in a format agreed between the Board and the Minister
during the period of 6 months beginning at the integration time; and
(b) gave a copy of the report to the Minister.
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3.2
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The report included the following:
(a) performance indicators against which the performance of
the AMC institute is to be assessed, agreed between the Board and the
Minister in consultation with the Council of the University during the period
of 6 months beginning at the integration time;
(b) details of the performance of the AMC institute during
the year, evaluated against the performance indicators;
(c) in relation to the next 3 years or a longer period:
(i) details of assumptions about the operational environment
of the AMC institute; and
(ii) details of the strategic directions of the AMC
institute; and
(iii) analysis of risk factors affecting the performance of
the AMC institute.
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3.3
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The Minister is satisfied with the report.
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4.1
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Throughout the year (other than, in the case of the first
post‑integration year, the period before the establishment of the AMC
institute), the AMC institute had priority access to the land and other
assets of the College transferred to the University under Part 3 and not
disposed of before or during the year.
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5.1
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If, during the year, the University disposed of any of the
land or other assets of the College transferred to the University under
Part 3:
(a) the University consulted with the Board before the
disposal; and
(b) the University complied with any agreements in force
between the University and the Commonwealth relating to the disposal of such
land or other assets.
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6.1
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If, during the year, the University significantly reduced
the operations of the AMC institute, the University had notified the Minister
in writing at least 12 months before the reduction.
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18 Review of integration before the end of the first 5 years
Review
(1) The Minister must cause a review of:
(a) the integration of the College
with the University; and
(b) the objectives, effectiveness and
efficiency of the AMC institute;
to be undertaken:
(c) after the end of the period of 4
years and 6 months beginning at the integration time; but
(d) before the end of the period of 5
years beginning at the integration time.
Manner and form of review
(2) The review must be undertaken in the manner and form
determined by the Minister.
(3) Before the Minister makes a determination under
subitem (2), the Minister must consult with the University.
Report
(4) The persons who undertake the review must give the
Minister a written report of the review.
(5) The Minister must cause a copy of the report to be
tabled in each House of the Parliament within 15 sitting days of that House
after the day on which the Minister receives the report.
19 Delegation by Minister
(1) The Minister may, in writing, delegate all or any of
his or her functions or powers under this Part to:
(a) the Secretary of the Department;
or
(b) an SES employee, or an acting SES
employee, of the Department.
(2) In performing a delegated function or exercising a
delegated power, a delegate must comply with any written directions of the
Minister.
Part 5—Consequential amendments
Higher Education Support Act 2003
20 Subsection 16‑15(1) (table item dealing with the
Australian Maritime College)
Repeal the item.
Legislative Instruments Act 2003
21 Subsection 44(2) (table item 25)
Repeal the item.
22 Subsection 54(2) (table item 23)
Repeal the item.
Public Works Committee Act 1969
23 At the end of paragraphs 6A(2)(a) and (b)
Add “or”.
24 Paragraph 6A(2)(ba)
Repeal the paragraph.
Remuneration Tribunal Act 1973
25 Subsection 3(1) (definition of executive education
office)
Repeal the definition, substitute:
executive education office means an office of
the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National
University.
26 Subsection 5(2)
Omit “, the University of Canberra and the Australian Maritime
College”, substitute “and the University of Canberra”.
Schedule 2—Information sharing by the Australian Maritime Safety
Authority
Australian Maritime Safety Authority
Act 1990
1 After section 10
Insert:
11
Disclosure of information
(1) This section applies to information
(including personal information, within the meaning of the Privacy Act 1988),
obtained by the Authority at any time (whether before or after the commencement
of this section) and by any means, including information required to be given
to the Authority by law.
(2) The Authority may disclose the
information to any person, subject to such terms and conditions (if any) as the
Authority specifies, for any of the following purposes:
(a) maritime domain awareness,
including maritime security;
(b) maritime safety;
(c) protection of the marine
environment;
(d) efficiency of maritime
transportation.