Limitation of Liability for Maritime Claims Act 1989

2 Commencement

Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

If this Act does not commence under subsection (1) within the period of 18 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3 Interpretation

In this Act:

applied provisions means the provisions of the Convention that, under section 6, have the force of law in .

Convention means the Convention on Limitation of Liability for Maritime Claims, 1976, done at London on 19 November 1976, as amended by the 1996 Protocol.

the 1996 Protocol means the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976, done at London on 2 May 1996, as amended by resolution LEG.5(99) adopted by the Legal Committee of the International Maritime Organization at London on 19 April 2012.

Note: A copy of the English text of the Convention is set out in Schedule 1.

Note 1: A copy of the English text of the Protocol of 1996 is set out in Schedule 1A.

Note 2: A copy of the English text of resolution LEG.5(99) is set out in Schedule 2.

Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Convention.

4 Extension to external Territories

This Act extends to the external Territories.

5 Application

This Act does not apply in relation to a ship to the extent that a law of a State or the makes provision giving effect to the Convention in relation to that ship.

6 Applied provisions to have force of law

Subject to this Act, the provisions of the Convention, other than paragraphs 1(d) and (e) of Article 2, have the force of law in .

7 Applied provisions not applicable in relation to certain ships

The applied provisions do not apply in relation to a ship that belongs to the naval, military or air forces of a foreign country.

8 Priority of claims in respect of damage to harbour works etc.

For the purposes of paragraph 3 of Article 6 of the Convention, it is hereby provided that a claim in respect of damage to harbour works, basins, waterways or aids to navigation has priority over any other claim under paragraph 1(b) of the Article.

9 Applications to the Court under the applied provisions

Where a claim is made, or is expected to be made, against a person in respect of any liability of the person that may be limited under the applied provisions, the person may apply:

where a claim has been made against the person in proceedings in the Supreme Court of a State or Territory—to that Court; or

in any other case—to the Supreme Court of any State or Territory;

to determine the limit of that liability under the applied provisions, and the Court may determine that limit.

In making the determination, the Court may make any order with respect to the constitution, administration and distribution, in accordance with the applied provisions, of a limitation fund in respect of claims subject to the limitation.

The Court may, at any stage of the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.

Where proceedings are transferred from a Court to another Court:

all documents filed of record, and moneys lodged, in the first-mentioned Court shall be transmitted to the other Court; and

the other Court shall proceed as if the proceedings had been instituted and pursued in that Court.

(5) This section does not exclude or limit the operation of Admiralty Act 1988.section 25 of the

10 Evidence of certain matters

(1) The Minister may, by notice published in the Gazette, declare:

that a country specified in the notice has ratified or acceded to the Convention subject to the reservations (if any) specified in the notice, and that the Convention has, or will, subject to those reservations (if any), come into force in respect of that country on the date specified in the notice;

that a country specified in the notice has, at the time of deposit of its instrument of ratification or accession to the Convention or at any later time, declared that the Convention extends to a territory or territories specified in the notice and that the extension has, or will, come into force on the date specified in the notice;

that a country specified in the notice has denounced the Convention and that the denunciation has taken, or will take, effect on the date specified in the notice; or

that a country specified in the notice has declared that the Convention shall cease to extend to a territory or territories specified in the notice and that the denunciation has taken, or will take, effect on the date specified in the notice.

(2) A notice under subsection (1) is, for all purposes, prima facie evidence of the matters declared.

11 Regulations etc.

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular, providing for matters that, under the applied provisions, are to be governed by Australian law.

Subsection (1) does not limit the power of a judge or judges of the Supreme Court of a State or Territory to make rules of Court with respect to a matter that is not provided for in the regulations.