Protection of the Sea Legislation Amendment Act 2008
No. 94, 2008
An Act to amend the law in relation to the protection of the
sea, and shipping and marine navigation levies, and for related purposes
[Assented to 3 October 2008]
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Protection
of the Sea Legislation Amendment Act 2008.
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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3 October 2008
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2. Schedule 1
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A single day to be fixed by Proclamation.
A Proclamation must not specify a day that occurs before
the day on which the Protocol of 2003 to the International Convention on the
Establishment of an International Fund for Compensation for Oil Pollution
Damage, 1992 enters into force for Australia.
However, if the provision(s) do not commence within the
period of 6 months beginning on the day on which the Protocol enters into
force for Australia, they commence on the first 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 on which the Protocol
enters into force for Australia.
The notice is not a legislative instrument.
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13 October 2009
(see
F2009L03731)
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3. Schedule 2, items 1 and 2
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The day on which this Act receives the Royal Assent.
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3 October 2008
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4. Schedule 2, item 3
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1 January 2010.
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1 January 2010
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5. Schedule 2, item 4
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1 December 2008.
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1 December 2008
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6. Schedule 2, items 5 and 6
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The day on which this Act receives the Royal Assent.
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3 October 2008
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7. Schedule 3
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The day on which this Act receives the Royal Assent.
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3 October 2008
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8. Schedule 4, item 1
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Immediately after the commencement of Chapter 3
(other than Part 3.1) of the Protection of the Sea (Oil Pollution
Compensation Fund) Act 1993.
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9 October 1996
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9. Schedule 4, item 2
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Immediately after the commencement of Chapter 1 of
the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993.
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8 January 1995
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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—Amendments implementing the Protocol of 2003 to the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, 1992
Protection of the Sea (Imposition of
Contributions to Oil Pollution Compensation Fund—Customs) Act 1993
1 Title
Omit “Fund”, substitute “Funds”.
2 Section 1
Omit “Fund”, substitute “Funds”.
Note: This item amends the short title of the Act. If
another amendment of the Act is described by reference to the Act’s previous
short title, that other amendment has effect after the commencement of this
item as an amendment of the Act under its amended short title (see
section 10 of the Acts Interpretation Act 1901).
3 Section 2
Omit “Fund”, substitute “Funds”.
4 Section 3
Omit “Fund”, substitute “Funds”.
Note: The heading to section 3 is altered by
omitting “Fund” and substituting “Funds”.
5 Subsection 4(1)
Omit “Fund”, substitute “Funds”.
Protection of the Sea (Imposition of
Contributions to Oil Pollution Compensation Fund—Excise) Act 1993
6 Title
Omit “Fund”, substitute “Funds”.
7 Section 1
Omit “Fund”, substitute “Funds”.
Note: This item amends the short title of the Act. If
another amendment of the Act is described by reference to the Act’s previous
short title, that other amendment has effect after the commencement of this
item as an amendment of the Act under its amended short title (see
section 10 of the Acts Interpretation Act 1901).
8 Section 2
Omit “Fund”, substitute “Funds”.
9 Section 3
Omit “Fund”, substitute “Funds”.
Note: The heading to section 3 is altered by
omitting “Fund” and substituting “Funds”.
10 Subsection 4(1)
Omit “Fund”, substitute “Funds”.
Protection of the Sea (Imposition of
Contributions to Oil Pollution Compensation Fund—General) Act 1993
11 Title
Omit “Fund”, substitute “Funds”.
12 Section 1
Omit “Fund‑”, substitute “Funds—”.
Note: This item amends the short title of the Act. If
another amendment of the Act is described by reference to the Act’s previous
short title, that other amendment has effect after the commencement of this
item as an amendment of the Act under its amended short title (see
section 10 of the Acts Interpretation Act 1901).
13 Section 2
Omit “Fund”, substitute “Funds”.
14 Section 3
Omit “Fund”, substitute “Funds”.
Note: The heading to section 3 is altered by
omitting “Fund” and substituting “Funds”.
15 Subsection 4(1)
Omit “Fund”, substitute “Funds”.
Protection of the Sea (Oil Pollution
Compensation Fund) Act 1993
16 Section 1
Omit “Fund”, substitute “Funds”.
Note: This item amends the short title of the Act. If
another amendment of the Act is described by reference to the Act’s previous
short title, that other amendment has effect after the commencement of this
item as an amendment of the Act under its amended short title (see
section 10 of the Acts Interpretation Act 1901).
17 Section 3
Insert:
the 2003 Protocol means the Protocol
of 2003 to the International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage 1992 done at
London on 16 May 2003.
Note: The text of the 2003 Protocol is set out in
Australian Treaty Series [2005] ATNIF 21. In 2008, the text of the 2003
Protocol in the Australian Treaty Series was accessible through the Australian
Treaties Library on the AustLII Internet site (www.austlii.edu.au).
18 Section 3
Insert:
the Supplementary Fund means The
International Oil Pollution Compensation Supplementary Fund 2003 established by
the 2003 Protocol.
19 Section 30
After “Director”, insert “of the 1992 Fund”.
Note: The heading to section 30 is altered by
inserting “of the 1992 Fund” after “Director”.
20 After Chapter 3
Insert:
Chapter 3A—The 2003
Protocol
Part 3A.1—Outline of Chapter
46A
Simplified outline
(1) The following is a simplified outline of
this Chapter:
(a) the Supplementary Fund is liable
to provide compensation for certain oil pollution damage (Part 3A.4);
(b) certain persons who receive oil in
Australian ports and terminals are liable to contribute to the Supplementary
Fund (Division 1 of Part 3A.5);
(c) the Australian Maritime Safety
Authority is empowered to collect information about contributors and give
information to the Supplementary Fund (Division 3 of Part 3A.5).
(2) The purpose of the Supplementary Fund is
to provide compensation to a person who has established a claim for
compensation for certain oil pollution damage and who has not been able to
obtain full and adequate compensation for the claim from the 1992 Fund, because
the damage does or may exceed the compensation limit for that Fund.
Diagram showing flow of
money
Part 3A.2—Interpretation
46B
Interpretation
Unless the contrary intention appears,
an expression used in this Chapter and in the 2003 Protocol has the same
meaning in this Chapter as in the 2003 Protocol.
Part 3A.3—Legal recognition of the Supplementary Fund
46C
Supplementary Fund is a legal person
For the purposes of this Chapter, the
Supplementary Fund has the same legal personality as a company incorporated under
the Corporations Act 2001 and, in particular, may sue and be sued.
46D
Director of the Supplementary Fund is the legal representative of the
Supplementary Fund
For the purposes of this Chapter, the
Director of the Supplementary Fund is the legal representative of the
Supplementary Fund.
Part 3A.4—Compensation
46E
Certain provisions of the 2003 Protocol to have the force of law
The following provisions of the 2003
Protocol have the force of law as part of the law of the Commonwealth:
(a) Article 1;
(b) Article 3;
(c) Article 4;
(d) Article 5, except to the extent
that it imposes an obligation on the Assembly;
(e) Article 6;
(f) paragraph 1 of Article 7, to the
extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992
Convention to actions for compensation brought against the Supplementary Fund
in accordance with paragraph 1 of Article 4 of the 2003 Protocol;
(g) paragraphs 2 and 3 of Article 7;
(h) Article 9;
(i) paragraphs 2, 3 and 4 of Article
15, except to the extent that they impose an obligation on the Assembly.
46F
Claims for compensation
(1) This section applies to an action against
the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.
(2) The action may be brought in the Federal
Court of Australia or in the Supreme Court of a State or Territory.
(3) The court in which an action has been
brought may, by order, transfer the proceedings to another court that has
jurisdiction with respect to the action.
(4) The transfer may be made at any stage of
the proceedings.
(5) The court may transfer proceedings on
application or on its own initiative.
(6) If proceedings are transferred from a
court:
(a) all documents filed, and money or
guarantees lodged, in that court in those proceedings must be transmitted by
the Registrar or other proper officer of that court to the Registrar or other
proper officer of the court to which the proceedings are transferred; and
(b) the court to which the proceedings
are transferred must proceed as if:
(i) the proceedings had
originally been instituted in that court; and
(ii) the same proceedings
had been taken in that court as had been taken in the court from which the
proceedings were transferred.
46G
Supplementary Fund may intervene in proceedings under the Protection of the
Sea (Civil Liability) Act 1981
The Supplementary Fund may intervene in
proceedings for compensation arising under Part II of the Protection of
the Sea (Civil Liability) Act 1981.
46H
Regulations to give effect to Article 8 of the 2003 Protocol
(1) The regulations may make provision for
and in relation to giving effect to Article 8 of the 2003 Protocol, including:
(a) provision for investing the
Supreme Courts of the States with federal jurisdiction and conferring, to the
extent that the Constitution permits, jurisdiction on the Supreme Courts of the
Territories, with respect to matters arising under regulations made for the
purposes of this section; and
(b) provision for investing
jurisdiction on the Federal Court of Australia with respect to matters arising
under regulations made for the purposes of this section; and
(c) provision for fixing fees to be
paid in respect of any matters under regulations made for the purposes of this
section.
(2) Subsection (1) does not limit the
power of a judge or judges of a court to make rules of court with respect to a
matter that is not provided for in regulations made for the purposes of that
subsection.
Part 3A.5—Contributions to the Supplementary Fund
Division 1—Liability to make contributions
46J
Liability to contribute to the Supplementary Fund
(1) Article 10 of the 2003 Protocol, in so
far as it relates to ports or terminal installations in Australia, has the
force of law as part of the law of the Commonwealth.
(2) A person is not liable to contribute to
the Supplementary Fund because of this Part unless the contributions are
imposed by an Act other than this Act.
(3) For the purposes of Article 10 of the
2003 Protocol as applied by subsection (1), a person (the first
person) is an associated person in relation to another person (the second
person) if, and only if:
(a) both the first person and the
second person are bodies corporate; and
(b) the first person and the second
person are related to each other within the meaning of section 50 of the Corporations
Act 2001.
(4) For the purposes of this Part (including
a provision of the 2003 Protocol as applied by this Part), a contribution
required to be paid because of this Part is payable to the Supplementary Fund
as agent of the Commonwealth.
46K Amount
of contributions
Paragraphs 2 and 3 of Article 11 (except
to the extent that they impose obligations on the Assembly), and Article 18, of
the 2003 Protocol, in so far as they relate to Australia, have the force of law
as part of the law of the Commonwealth.
46L
When contributions are due and payable
Contributions required to be paid by a
person because of this Part are due and payable on the day ascertained under
paragraph 4 of Article 11 of the 2003 Protocol.
Division 2—Recovery of contributions etc.
46M
Late payment penalty
(1) If:
(a) any annual contribution payable by
a person because of this Part remains unpaid after the time when it became due
for payment; and
(b) the Internal Regulations of the
1992 Fund have fixed, or provided for a method of determining, one or more
annual interest rates (IR rates) in accordance with paragraph 1
of Article 13 of the 1992 Convention;
the person is liable to pay, by way of penalty, an amount
(late payment penalty). Late payment penalty is calculated at the
annual percentage rate equal to whichever of the IR rates is applicable to the
person’s circumstances, on the amount unpaid, computed from that time.
(2) Late payment penalty is payable to the
Supplementary Fund on behalf of the Commonwealth.
46N
Supplementary Fund to be paid amounts equal to amounts of contributions
(1) Amounts received, or purporting to be
received, under section 46J or 46M must be paid to the Commonwealth.
(2) If an amount is paid to the Commonwealth
under subsection (1), the Commonwealth must pay to the Supplementary Fund
an amount equal to that amount.
(3) A payment of an amount to the
Supplementary Fund under subsection (2) is subject to the condition that,
if the Commonwealth becomes liable to refund the whole or part of that amount,
the Supplementary Fund must pay to the Commonwealth an amount equivalent to the
amount that the Commonwealth is liable to refund.
(4) The Consolidated Revenue Fund is
appropriated for the purposes of subsection (2).
46P
Recovery of contributions and late payment penalty
(1) The following amounts may be recovered by
the Supplementary Fund, on behalf of the Commonwealth, as debts due to the
Commonwealth:
(a) contributions that are required to
be paid because of this Part and that are due and payable;
(b) late payment penalty that is due
and payable.
(2) For the purposes of an action or
proceeding under subsection (1), liability to costs is to be determined as
if the Supplementary Fund were a party to the action or proceeding and the
Commonwealth were not a party.
(3) The Supplementary Fund is not entitled to
recover from the Commonwealth any costs or other expenses it incurs in
recovering an amount referred to in subsection (1).
46Q
Regulations relating to recovery of contributions etc.
(1) The regulations may make provision for
and in relation to the following:
(a) the methods by which contributions
required to be paid because of this Part may be paid;
(b) the methods by which late payment
penalty may be paid;
(c) refunds of, or of overpayments of,
contributions.
(2) Without limiting paragraphs (1)(a)
and (b), regulations made for the purposes of those paragraphs may make
provision for and in relation to the making of payments using electronic funds
transfer systems.
Division 3—Record‑keeping and returns etc.
46R
Authority to inform Supplementary Fund
(1) Article 13, paragraph 1 of Article 15,
and Article 20 of the 2003 Protocol, in so far as they relate to
Australia, have the force of law as part of the law of the Commonwealth.
(2) For the purposes of the following
provisions of the 2003 Protocol:
(a) Article 13; and
(b) paragraph 1 of Article 15; and
(c) Article 20, in so far as it
relates to annual communications made after the instrument referred to in
paragraph 4 of Article 19 is deposited;
as so having the force of law, an obligation imposed on
Australia is taken to be imposed on the Authority.
(3) The Authority may inform the
Supplementary Fund of such additional matters relating to contributions as the
Authority considers appropriate.
46S
Record‑keeping and returns etc.
(1) The regulations may make provision for
and in relation to requiring a person:
(a) to keep and retain records, where
the records are relevant to ascertaining the person’s liability to make
contributions required to be paid because of this Part; and
(b) to give information and returns to
the Authority, where the information or returns are relevant to ascertaining a
person’s liability to make contributions required to be paid because of this
Part; and
(c) to:
(i) produce documents to
the Authority; or
(ii) make copies of
documents and give the copies to the Authority;
where the documents are relevant
to ascertaining a person’s liability to make contributions required to be paid
because of this Part.
(2) The regulations may provide that
information or returns given to the Authority in accordance with a requirement
covered by paragraph (1)(b) must be verified by statutory declaration.
(3) A person is entitled to be paid by the
Authority reasonable compensation for making copies in the course of complying
with a requirement covered by subparagraph (1)(c)(ii).
(4) A person is not excused from giving
information or a return or producing a document or a copy of a document under
regulations made for the purposes of this Division on the ground that the
information or return or the production of the document or copy might tend to
incriminate the person or expose the person to a penalty. However:
(a) giving the information or return
or producing the document or copy; or
(b) any information, return, document
or thing obtained as a direct or indirect consequence of giving the information
or return or producing the document or copy;
is not admissible in evidence against the person in:
(c) criminal proceedings other than
proceedings under, or arising out of, section 46R or 46S; or
(d) proceedings for recovery of an
amount of late payment penalty.
46T
Failure to give information or returns
(1) A person commits an offence if:
(a) the person is required under
regulations made for the purposes of this Division to give any information or
return to the Authority; and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes
the requirement.
Penalty: 300 penalty units.
(2) Strict liability applies to paragraph (1)(a).
Note: For strict liability, see section 6.1 of
the Criminal Code.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
46U
False information or returns
A person must not, in purported
compliance with regulations made for the purposes of this Division,
intentionally give information or a return that, to the person’s knowledge, is
false or misleading in a material particular.
Penalty: 500 penalty units.
21 Chapter 4 (heading)
Repeal the heading, substitute:
Chapter 4—Miscellaneous
22 Before section 47
Insert:
46V
Treatment of partnerships
(1) This Act applies to a partnership as if
it were a person, but with the changes set out in this section.
(2) An obligation that would otherwise be
imposed on the partnership by this Act is imposed on each partner instead, but
may be discharged by any of the partners.
(3) An offence against this Act that would
otherwise be committed by the partnership is taken to have been committed by
each partner.
(4) A partner does not commit an offence
because of subsection (3) if the partner:
(a) does not know of the circumstances
that constitute the contravention of the provision concerned; or
(b) knows of those
circumstances but takes all reasonable steps to correct the
contravention as soon as possible after the partner becomes aware of those
circumstances.
Note: A defendant bears an evidential burden in
relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal
Code.
46W
Treatment of unincorporated associations
(1) This Act applies to an unincorporated
association as if it were a person, but with the changes set out in this
section.
(2) An obligation that would otherwise be
imposed on the association by this Act is imposed on each member of the
association’s committee of management instead, but may be discharged by any of
the members.
(3) An offence against this Act that would
otherwise be committed by the association is taken to have been committed by
each member of the association’s committee of management.
(4) A member of the association’s committee
of management does not commit an offence because of subsection (3) if the
member:
(a) does not know of the circumstances
that constitute the contravention of the provision concerned; or
(b) knows of those
circumstances but takes all reasonable steps to correct the
contravention as soon as possible after the member becomes aware of those
circumstances.
Note: A defendant bears an evidential burden in
relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal
Code.
Schedule 2—MARPOL amendments
Navigation Act 1912
1 Section 267A
After “14,”, insert “15,”.
Protection of the Sea (Prevention of
Pollution from Ships) Act 1983
2 Subsection 9(4)
Repeal the subsection, substitute:
(4) Without limiting the generality of
subsection (2) but subject to subsection (5), subsection (1B)
does not apply to:
(a) the discharge of oil or an oily
mixture from a ship that is not within a special area, if the following
conditions are satisfied:
(i) the ship has a gross
tonnage of equal to or greater than 400;
(ii) the ship is proceeding
en route;
(iii) the oily mixture is
processed using oil filtering equipment meeting the requirements set out by
regulation made for the purposes of this subparagraph under section 267A
of the Navigation Act 1912;
(iv) the oil content of the
effluent without dilution does not exceed 15 parts in 1,000,000 parts;
(v) if the ship is an oil
tanker—the oily mixture does not originate from the cargo pump room bilges of
the ship and is not mixed with oil cargo residues; and
(b) the discharge of oil or an oily
mixture from a ship within a special area other than the Antarctic area, if the
following conditions are satisfied:
(i) the ship has a gross
tonnage of equal to or greater than 400;
(ii) the ship is proceeding
en route;
(iii) the oily mixture is
processed using oil filtering equipment meeting the requirements set out by
regulation made for the purposes of this subparagraph under section 267A
of the Navigation Act 1912;
(iv) the oil content of the
effluent without dilution does not exceed 15 parts per 1,000,000 parts;
(v) if the ship is an oil
tanker—the oily mixture does not originate from the cargo pump room bilges of
the ship and is not mixed with oil cargo residues; and
(c) the discharge of oil or an oily
mixture within an area other than the Antarctic area from a ship, if the
following conditions are satisfied:
(i) the ship has a gross
tonnage of less than 400;
(ii) the ship is proceeding
en route;
(iii) the ship has in
operation equipment, of a kind that meets the requirements set out by
regulation made for the purposes of this subparagraph under section 267A
of the Navigation Act 1912, that ensures that the oil content of the
effluent without dilution does not exceed 15 parts in 1,000,000 parts;
(iv) if the ship is an oil
tanker—the oily mixture does not originate from the cargo pump room bilges of
the ship and is not mixed with oil cargo residues; and
(d) the discharge of oil or an oily
mixture (other than washings contaminated with oil) from the cargo area of an
oil tanker that is not within a special area, if the following conditions are
satisfied:
(i) the tanker has a gross
tonnage of 150 or more;
(ii) the tanker is more
than 50 nautical miles from the nearest land;
(iii) the tanker is
proceeding en route;
(iv) the instantaneous rate
of discharge of oil content does not exceed 30 litres per nautical mile;
(v) if the tanker is
delivered on or before 31 December 1979—the total quantity of oil
discharged into the sea does not exceed one part in 15,000 parts of the total
quantity of the cargo of oil of which oil discharged formed a part;
(vi) if the tanker is
delivered after 31 December 1979—the total quantity of oil discharged into
the sea does not exceed one part in 30,000 parts of the total quantity of the
cargo of oil of which oil discharged formed a part;
(vii) the tanker has in
operation an oil discharge monitoring and control system and a slop tank
arrangement as required by regulations made for the purposes of this
subparagraph under section 267A of the Navigation Act 1912; and
(e) the discharge of washings
contaminated with oil from an oil tanker that is not within a special area, if
the following conditions are satisfied:
(i) the tanker is more
than 50 nautical miles from the nearest land;
(ii) the tanker is
proceeding en route;
(iii) the instantaneous rate
of discharge of oil content does not exceed 30 litres per nautical mile;
(iv) if the tanker is
delivered on or before 31 December 1979—the total quantity of oil
discharged into the sea does not exceed one part in 15,000 parts of the total
quantity of the cargo of oil of which oil discharged formed a part;
(v) if the tanker is
delivered after 31 December 1979—the total quantity of oil discharged into
the sea does not exceed one part in 30,000 parts of the total quantity of the
cargo of oil of which oil discharged formed a part;
(vi) the tanker has in
operation an oil discharge monitoring and control system and a slop tank arrangement
as required by regulations made for the purposes of this subparagraph under
section 267A of the Navigation Act 1912; and
(f) the discharge of oil or an oily
mixture from the cargo area of an oil tanker, either within or outside a
special area, if the discharge is of clean or segregated ballast.
3 Subsection 26A(1) (definition of harmful substance)
Repeal the definition, substitute:
harmful substance means a substance which
either:
(a) is identified as a marine
pollutant in the International Maritime Dangerous Goods (IMDG) Code; or
(b) meets the criteria in the Appendix
of Annex III of the Convention.
4 Paragraph 26D(6)(c)
After “holding tanks”, insert “, or originates from spaces
containing living animals”.
5 Paragraph 26FA(8)(b)
Repeal the paragraph, substitute:
(b) if the entry is made in relation
to a prescribed operation—must be signed by the officer or other person in
charge of the operation.
6 Paragraph 33(1)(f)
Omit “30 penalty units”, substitute “50 penalty units”.
Schedule 3—Amendments relating to shipping and marine navigation
levies
Marine Navigation Levy Collection Act
1989
1 Section 3 (definition of Australian port)
Repeal the definition, substitute:
Australian port means a place appointed,
proclaimed or prescribed as a port under the Customs Act 1901, or under
a law of a State or the Northern Territory.
Marine Navigation (Regulatory
Functions) Levy Collection Act 1991
2 Section 3 (definition of Australian port)
Repeal the definition, substitute:
Australian port means a place appointed,
proclaimed or prescribed as a port under the Customs Act 1901, or under
a law of a State or the Northern Territory.
Protection of the Sea (Shipping Levy
Collection) Act 1981
3 Subsection 4(1) (definition of Australian port)
Repeal the definition, substitute:
Australian port means a place appointed,
proclaimed or prescribed as a port under the Customs Act 1901, or under
a law of a State or the Northern Territory.
4 Subsection 4(1)
Insert:
authorised person means a person appointed
under section 4B.
5 Subsection 4(1) (definition of Collector)
Repeal the definition, substitute:
Collector means:
(a) a Collector within the meaning of
the Customs Act 1901; or
(b) an authorised person.
6 After section 4A
Insert:
4B
Appointment of authorised person
(1) The Minister may, in writing, appoint a
person to be an authorised person for the purposes of this Act.
(2) The Minister may, in writing, delegate
the power of appointment under subsection (1) to an officer of the
Department.
Schedule 4—Miscellaneous
Protection of the Sea (Oil Pollution
Compensation Fund) Act 1993
1 Paragraph 27(c)
Omit “(Part 3.7)”, substitute “(Part 3.6)”.
2 Article 1 of Schedule 3
Omit “or this”, substitute “of this”.
[Minister’s second reading speech made in—
House of Representatives on 18 June 2008
Senate on 26 June 2008]