1. This Act may be cited as the Transport and Communications Legislation Amendment Act (No. 2) 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

3. In this Part, "Principal Act" means the Air Navigation Act 1920¹.

4. Section 3A of the Principal Act is amended:

"; and (k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and

5. Section 4 of the Principal Act is amended by omitting "and 10" and substituting ", 10, 11 and 12".

6. The Principal Act is amended by adding at the end the Schedules set out in Schedule 1 to this Act.

7. In this Part, "Principal Act" means the Australian Maritime Safety Authority Act 1990².

8. Section 6 of the Principal Act is amended:

(a) by inserting after paragraph (1)(c) the following paragraph:

"(ca) to provide on request services of a maritime nature, on a commercial basis, to:

(i) the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

(ii) an authority or agency of the Commonwealth, a State or either of those Territories; and";

(b) by adding at the end the following subsection:

"(4) The Authority must not perform any of its functions otherwise than for a purpose in respect of which the Parliament has the power to make laws.".

9. In this Part, "Principal Act" means the Australian Postal Corporation Act 1989³.

10. Section 8 of the Principal Act is amended by omitting ", Christmas Island and Cocos (Keeling) Islands".

11. Section 9 of the Principal Act is amended by omitting from the definition of "Territory" in subsection (4) ", Christmas Island or Cocos (Keeling) Islands".

12. Section 27 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

"(5) In this section:

'Australia' includes Christmas Island and Cocos (Keeling) Islands, but does not include any other external Territory to which this Act extends.".

13. In this Part, "Principal Act" means the Civil Aviation Act 1988⁴.

14. Section 20AA of the Principal Act is amended:

15. Section 32AF of the Principal Act is amended by inserting in paragraph (4)(b) "or" after "night" (first occurring).

16. Section 48 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

"(3) This section does not apply to a direction of the Minister:

Cessation of lien

19. In this Part, "Principal Act" means the Federal Airports Corporation Act 1986⁵.

20. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'currency contract' means:

'futures contract' means:

21. Section 42 of the Principal Act is amended:

(c) by inserting after subsection (1) the following subsection:

"(1A) Subsection (1) does not apply to a direction given under subsection 41(2) if:

(i) to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft operating to or from Federal airports; or

(ii) to perform any of its functions in a manner referred to in paragraph 7(2)(ca).".

22. After section 54A of the Principal Act the following section is inserted:

Hedging through currency contracts etc.

"54AB.(1) Subject to subsection (4), the Corporation may enter into and deal with contracts to which this section applies for hedging purposes in relation to:

"(2) The Minister may, by written determination, set guidelines for the exercise by the Corporation of its power under subsection (1) and must give the Corporation a copy of each determination made.

"(3) Without limiting subsection (2), the guidelines may provide that:

"(4) The Corporation must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).

"(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:

(a) reducing the risk of adverse variations in:

(i) the costs of a borrowing, or a proposed borrowing, of money by the Corporation; or

(ii) the revenue obtainable by the Corporation from the investment of money of the Corporation; or

(iii) the cost of commodities purchased by the Corporation; or

(b) maintaining the value of:

(i) investments made by the Corporation; or

(ii) property used as security for a borrowing, or a proposed borrowing by the Corporation.

"(6) This section applies to contracts of the following kinds:

(i) dealings known as currency swaps; or

(ii) dealings known as interest rate swaps; or

(iii) dealings known as commodity swaps;

23. After Part VI of the Principal Act the following Part is inserted:

"PART VIA—PROVISIONS RELATING TO THE CORPORATION'S LIABILITY TO PAY INCOME TAX

Interpretation

"57A. In this Part:

'Assessment Act' means the Income Tax Assessment Act 1936.

Commencement of the Corporation's liability to pay income tax

"57B. Income derived by the Corporation in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act.

Accelerated depreciation not available for income tax purposes

"57C. Section 57AL of the Assessment Act, as in force immediately after the commencement of Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Corporation.section 38 of the

Capital gains tax

"57D.(1) If:

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether a capital gain accrues in the event of a subsequent disposal of the asset by it:

"(2) If the asset is disposed of within 12 months of its actual acquisition by the Corporation, subsection (1) has effect as if the references in that subsection to the indexed cost base to the Corporation in relation to the asset were references to the cost base to the Corporation in relation to the asset.

"(3) If:

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether the Corporation incurred a capital loss in the event of a subsequent disposal of the asset by it:

"(4) Part IIIA of the Assessment Act does not apply in relation to: (a) the disposal of an asset of the Corporation that was acquired

by the Commonwealth before 20 September 1985 and transferred to, or vested in, the Corporation; or

(b) the disposal of an asset of the Corporation if the Commonwealth and not the Corporation is entitled to the consideration in respect of the disposal.

"(5) Unless the contrary intention appears, expressions used in this section, and in Part IIIA of the Assessment Act, have the same respective meanings as in that Part.

Land and buildings etc.

"57E.(1) For the avoidance of doubt, land that under section 28 is vested in the Corporation is taken, for the purposes of the Assessment Act, to be owned by the Corporation.

"(2) If:

buildings and any other fixtures on the land so leased are taken, for the purposes of the Assessment Act, to be owned by the Corporation.

Superannuation payments

"57F. For the purposes of Public Service Act 1922 is taken to be a contribution to a fund for the purpose mentioned in paragraph 82AAC(1)(a) of the Assessment Act, being a fund that is an eligible superannuation fund, within the meaning of Part IX of the Assessment Act, in relation to the year of income of the fund in which the payment is made.".section 82AAC of the Assessment Act, a payment made by the Corporation to the Commonwealth under arrangements made for the purposes of paragraph 87J(8)(b) of the

24. In this Part, "Principal Act" means the Navigation Act 1912⁶.

25. Section 136 of the Principal Act is amended by omitting from paragraph (2)(b) "Industrial" and substituting "International".

26. In this Part, "Principal Act" means the Protection of the Sea (Powers of Intervention) Act 1981⁷.

27. Section 3 of the Principal Act is amended by adding at the end of the definition of "Protocol" in subsection (1) "as affected by the resolution of the Marine Environment Protection Committee (adopted on 4 July 1991) revising the list of substances to be annexed to the Protocol (a copy of the English text of which is set out in Schedule 3).

28. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

29. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983⁸.

Interpretation

30.(1) Section 3 of the Principal Act is amended by inserting after paragraph (ad) of the definition of "the 1978 Protocol" in subsection (1) the following paragraph:

"(ae) the amendments to the annex of the Protocol adopted on 16 November 1990 (a copy of the English text of which is set out in Schedule 9); and".

33. Section 26A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) In this Part:

'harmful substance' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code;

'packaged form' means a form of containment specified for harmful substances in the International Maritime Dangerous Goods (IMDG) Code.".

34. Section 26AA of the Principal Act is repealed.

Prohibition of discharge by jettisoning of harmful substances into the sea

"Division 1—Discharge of sewage in the Antarctic Area

Interpretation

"26BA. Unless the contrary intention appears, an expression that is used in this Division and in Annex IV of the Antarctic Protocol (whether or not a particular meaning is given to it by that Annex) has, in this Division, the same meaning as in that Annex.

Object of Division

"26BB. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage in the Antarctic Area under Annex IV of the Antarctic Protocol.

Prohibition of discharge of sewage

"26BC.(1) Subject to subsections (2) to (4) (inclusive), if any discharge of untreated sewage occurs from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area, the master of the ship and the owner of the ship are each guilty

of an offence punishable, upon conviction, by a fine not exceeding $200,000.

"(2) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Australian Antarctic Territory.

"(3) Subsection (1) does not apply if the sewage was discharged for the purpose of:

"(4) Without limiting the generality of subsection (3), subsection (1) does not apply to the discharge of sewage from a ship if:

"(5) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into the sea in the Antarctic Area, but it is a defence if it is proved that, because of subsection (2), (3) or (4), subsection (1) does not apply in relation to the discharge.

"Division 2—Discharge of sewage in other sea areas".

37. Section 26C of the Principal Act is amended:

"(2) In this Division:

'sea' does not include the sea in the Antarctic Area.".

38. After section 26C of the Principal Act the following section is inserted:

Object of Division

"26CA. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage into the sea under Annex IV of the Convention.".

39. Section 26DA is amended by omitting "Part" and substituting "Division".

40. Section 26E of the Principal Act is amended by adding at the end the following subsection:

"(2) Unless the contrary intention appears, an expression that is used in subsection 26F(8A) and in Annex IV to the Antarctic Protocol (whether or not a particular meaning is given by that Protocol) has, in that subsection, the same meaning as in that Annex.".

41. After section 26E of the Principal Act the following section is inserted:

Object of Part

"26EA. The object of this Part is to give effect to Australia's obligations:

42. Section 26F of the Principal Act is amended:

"(8A) Without limiting the generality of subsection (5), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea in the Antarctic Area if:

(c) by inserting in subsection (12) ", (8A)" after "(8)".

43. Section 32 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

"(1A) Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of

a shipboard oil pollution emergency plan on board of Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships:

(b) by omitting from subsection (2) "made under subsection (1) shall" and substituting "under this section does".

Schedules

44.(1) Schedule 1 to the Principal Act is amended by omitting from the text of the convention set out in that Schedule the text of Annex III to that convention and substituting the Annex set out in Schedule 3 to this Act.

45. In this Part, "Principal Act" means the Telecommunications Act 1991⁹.

46. Section 56 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) An eligible corporation may apply to the Minister, in a manner and form approved by the Minister, for a general telecommunications licence.

"(1A) An eligible corporation:

may apply to the Minister, in a manner and form approved by the Minister, for a public mobile licence.".

47. After section 57 of the Principal Act the following section is inserted:

Allocation system for certain public mobile licences

"57A.(1) The Minister is to determine, in writing, an allocation system for the purpose of granting public mobile licences to eligible corporations, other than eligible corporations to which subsection 56(1A) applies.

"(2) Without limiting the operation of subsection (1), an allocation system may:

"(3) The Minister may vary or revoke a determination made under subsection (1).

"(4) The Minister may grant, or refuse to grant, a public mobile licence to an eligible corporation, other than an eligible corporation to which subsection 56(1A) applies, in accordance with a system determined under subsection (1).

"(5) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.".

Agreement with carrier about licences

"Division 5A—Collection and recovery of public mobile licence charge

Definition

"87A. In this Division:

'charge' means the charge imposed by section 4 of the Telecommunications (Public Mobile Licence Charge) Act 1992.

When charge is payable

"87B.(1) Subject to subsection (2), charge is to be paid at the time a public mobile licence is granted under section 57A.

"(2) The Minister may determine, in writing, that charge is to be paid:

"(3) The Minister may vary a determination made under subsection (2).

Unpaid charge is a debt due to Commonwealth

"87C. An amount of charge that is payable but has not been paid may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.".

50. Section 131 of the Principal Act is amended by omitting from subsection (3) "power" and substituting "owner".

51. Section 183 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to discrimination by a carrier in favour of:

52. Section 194 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to such basic carriage services, or in such circumstances, (if any) as are prescribed.".

53. After section 402 of the Principal Act the following section is inserted:

Person not to use protected name or protected symbol

"402A.(1) A person must not, unless AUSTEL consents in writing:

(i) goods or services; or

(ii) the promotion, by any means, of supply or use of goods or services;

either:

(e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

(f) the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it.

"(2) Nothing in subsection (1) limits anything else in that subsection.

"(3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to the protected symbol, affects rights conferred by law on a person in relation to:

and was so registered immediately before the commencement of Transport and Communications Legislation Amendment Act (No. 2) 1992 in relation to the name or symbol.Part 10 of the

"(4) Nothing in this section, so far as it applies to a protected name or in relation to the protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before the commencement of Transport and Communications Legislation Amendment Act (No. 2) 1992, the person:Part 10 of the

"(5) This section does not apply to a person who uses or applies a protected name or the protected symbol for the purpose of labelling customer equipment in accordance with a permit in force under subsection 258(1).

"(6) In this section:

'protected name' means:

'protected symbol' means the official symbol of AUSTEL, the design of which is set out in the regulations.".

54. In this Part, "Principal Act" means the Transport and Communications Legislation Amendment Act 1990¹⁰.

55. Section 26 of the Principal Act is amended by omitting "Section 3" and substituting "Section 5".

SCHEDULE 1 Section 6

ADDITIONAL SCHEDULES TO THE AIR NAVIGATION ACT 1920

SCHEDULE 11 Section 4

PROTOCOL

relating to an amendment to Article 56 of the Convention on International Civil Aviation

Signed at Montreal on 6 October 1989

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty-seventh Session at Montreal on 6 October 1989,

HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Air Navigation Commission,

HAVING CONSIDERED it proper to increase the membership of that body from fifteen to nineteen, and

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

1. APPROVES, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendment to the said Convention:

"In Article 56 of the Convention the expression 'fifteen members' shall be replaced by 'nineteen members'."

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

SCHEDULE 1—continued

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty-seventh Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the sixth day of October of the year one thousand nine hundred and eighty-nine, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

SCHEDULE 1—continued

SCHEDULE 12 Section 4

PROTOCOL

relating to an amendment to Article 50( a ) of the Convention on International Civil Aviation

Signed at Montreal on 26 October 1990

THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

HAVING MET in its Twenty-eighth Session (Extraordinary) at Montreal on 25 October 1990;

HAVING NOTED that it is the desire of a large number of Contracting States to enlarge the membership of the Council in order to ensure better balance by means of an increased representation of Contracting States;

HAVING CONSIDERED it appropriate to increase the membership of that body from thirty-three to thirty-six;

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944;

1. APPROVES, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendment to the said Convention:

"In Article 50(a) of the Convention the second sentence shall be amended by replacing 'thirty-three' by 'thirty-six'.";

SCHEDULE 1—continued

has ratified or adhered to the said Convention on International Civil Aviation.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid Twenty-eighth Session (Extraordinary) of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol.

DONE at Montreal on the twenty-sixth day of October of the year one thousand nine hundred and ninety, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944.

SCHEDULE 2 Section 28

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981

SCHEDULE 3 Subsection 3(1)

RESOLUTION MEPC.49(31)

adopted on 4 July 1991

REVISION OF THE LIST OF SUBSTANCES TO BE ANNEXED TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, 1973, (the 1973 Protocol),

NOTING FURTHER Resolution A.296(VIII) by which the Assembly designated the Committee as the appropriate body referred to in articles I and III of the above-mentioned Protocol,

RECALLING Resolution MEPC.1(II) by which the Committee established on 21 November 1974 a list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, in accordance with Resolution 26 of the International Conference on Marine Pollution, 1973, and Resolution A.296(VIII),

HAVING CONSIDERED proposals by governments for revising the list,

HAVING taken account of scientific advice provided by the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) with regard to evaluation of the hazards of harmful substances in the marine environment and by the International Atomic Energy Agency in respect of radioactive materials,

HAVING taken account of technical advice provided by the Sub-Committee on Bulk Chemicals and by the Sub-Committee on the Carriage of Dangerous Goods,

SCHEDULE 2—continued

ANNEX

LIST OF SUBSTANCES

Appendix 1

Oil carried in bulk as listed in appendix I to Annex I of MARPOL 73/78 other than those covered by the 1969 Intervention Convention

SCHEDULE 2—continued

Appendix 2

Noxious liquid substances carried in bulk

Acetone cyanohydrin

Acetic anhydride

Acrylonitrile

Alcohol (C12-C15) poly(l-3) ethoxylates

Alcohol (C12-C15) poly(3-11) ethoxylates

Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates

Alcohol (C6-C17) (secondary) poly(7-12) ethoxylates

Allyl alcohol

Allyl chloride

Ammonium sulphide solution (45% or less)

Aniline

Benzene and mixtures having 10% benzene or more

Benzyl chloride

Butene oligomer

n-Butyl acrylate

Butylbenzenes (all isomers)

Butyl benzyl phthalate

n-Butyraldehyde

Calcium hypochlorite solution (more than 15%)

Calcium naphthenate in mineral oil

Camphor oil

SCHEDULE 2—continued

Carbolic oil

Carbon disulphide

Carbon tetrachloride

Chlorinated paraffins (C10-C13)

Chlorobenzene

Chloroform

o-Chloronitrobenzene

m-Chlorotoluene

o-Chlorotoluene

p-Chlorotoluene

Chlorotoluenes (mixed isomers)

Coal tar

Coal tar naphtha solvent

Cobalt naphthenate in solvent naphtha

Creosote (coal tar)

Creosote (wood)

Cresols (all isomers)

Cresylic acid, sodium salt solution

Crotonaldehyde

Cyclohexyl acetate

1,3-Cyclopentadiene dimer (molten)

Cyclopentene

Decene

Decyl acrylate

Decyl alcohol (all isomers)

Dibutyl phthalate

Dichlorobenzenes (all isomers)

1,1-Dichloroethane

Dichloroethyl ether

1,6-Dichlorohexene

2,4-Dichlorophenol

2,4-Dichlorophenoxyacetic acid, diethanolamine salt solution

2,4-Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less)

2,4-Dichlorophenoxyacetic acid, triisopropanolamine salt solution

1,1-Dichloropropane

1,2-Dichloropropane

1,3-Dichloropropane

1,3-Dichloropropene

Dichloropropene/Dichloropropane mixtures

Diethyl sulphate

Diglycidyl ether of bisphenol A

Diglycidyl ether of bisphenol F

Di-n-hexyl adipate

Diisobutylene

SCHEDULE 2—continued

Diisobutyl phthalate

Diisopropylbenzene (all isomers)

Dimethyl adipate

Dimethylamine solution (45% or less)

Dimethylamine solution (greater than 45% but not greater than 55%)

Dimethylamine solution (greater than 55% but not greater than 65%)

Dinitrotoluene (molten)

Diphenyl

Diphenyl/Diphenyl ether mixtures

Diphenyl ether

Diphenyl ether/Diphenyl phenyl ether mixture

Diphenylmethane diisocyanate

Diphenylol propane-epichlorohydrin resins

Dodecene (all isomers)

Dodecyl alcohol

Dodecyl diphenyl ether disulphonate solution

Dodecyl phenol

Drilling brines, containing Zinc salts

Epichlorohydrin

Ethyl acrylate

Ethylene chlorohydrin

Ethylene dibromide

Ethylene dichloride

2-Ethylhexyl acrylate

2-Ethylhexylamine

Ethylidene norbornene

o-Ethylphenol

2-Ethyl-3-propylacrolein

Ethyltoluene

Fluorosilicic acid

Fumaric adduct of rosin, water dispersion

Glycidyl ester of C10 trialkylacetic acid

Heptyl acetate

Hexyl acetate

2-Hydroxyethyl acrylate

Isobutyl acrylate

Isophorone diisocyanate

Isopropylbenzene

Lactonitrile solution (80% or less)

Lauric acid

Mercaptobenzothiazol, sodium salt solution

Metam sodium solution

Methacrylic resin in 1,2-Dichloroethane solution

Methacrylonitrile

Methyl acrylate

SCHEDULE 2—continued

Methylcyclopentadiene dimer

2-Methyl-5-ethyl pyridine

Methyl heptyl ketone

Methylnaphthalene

2-Methylpyridine

4-Methylpyridine

N-Methyl-2-pyrrolidone

Methyl salicylate

alpha-Methylstyrene

Motor fuel anti-knock compounds

Naphthalene (molten)

Naphthenic acids

Nitrobenzene

o-Nitrophenol (molten)

Nonene

Nonylphenol

Nonylphenol poly (4-12) ethoxylates

Octane (all isomers)

Octene (all isomers)

Octyl aldehydes

Octyl nitrates (all isomers)

Olefin mixtures (C5-C15)

Oleum

alpha-Olefins (C6-C18) mixtures

Pentachloroethane

Perchloroethylene

Phenol

Phosphorus, yellow or white

Pinene

n-Propyl chloride

Propylene tetramer

Propylene trimer

Rosin

Rosin soap (disproportionated) solution

Sodium hydrosulphide/Ammonium sulphide solution

Sodium hydrosulphide solution (45% or less)

Sodium sulphide solution

Sodium nitrite solution

Sodium thiocyanate solution (56% or less)

Styrene monomer

Tall oil (crude and distilled)

Tall oil soap (disproportionated) solution

Tetrachloroethane

Toluene

Toluene diisocyanate

SCHEDULE 2—continued

Tributyl phosphate

1,2,4-Trichlorobenzene

1,1,1-Trichloroethane

1,1,2-Trichloroethane

Trichloroethylene

1,2,3-Trichloropropane

Tricresyl phosphate (containing less than 1% ortho-isomer)

Tricresyl phosphate (containing 1% or more ortho-isomer)

Triethylbenzene

Trimethyl benzenes (all isomers)

Trimethylhexamethylene diisocyanate (2,2,4- and 2,4,4-isomers)

Trixylyl phosphate

Turpentine

1-Undecene

Undecyl alcohol

Vinylidene chloride

Vinyl neodecanoate

Vinyltoluene

White spirit, low (15-20%) aromatic

Xylenol

Appendix 3

Harmful substances carried in packaged form

Substances

Binapacryl

Cadmium compounds, except Cadmium selenide and Cadmium sulphide

Chlorined paraffins (C10-C13)

Chlorophenates

Copper cyanide

Coumarin derivative pesticides as follows:

Brodifacoum

Coumaphos

Cresyl diphenyl phosphate

Cypermethrin

Diphenylamine chloroarsine

Diphenylchloroarsine

Dodecylphenol

Ethyldichloroarsine

Fenpropathrin

Hexachlorobutadienc

Mercuric arsenate

Mercuric chloride

Mercuric nitrate

SCHEDULE 2—continued

Mercuric potassium cyanide

Mercurous nitrate

Mercury acetates

Mercury ammonium chloride

Mercury based pesticides

Mercury benzoate

Mercury bromides

Mercury compounds except Mercuric sulphide and Mercury iodide

Mercury cyanide

Mercury gluconate

Mercury nucleate

Mercury oleate

Mercury oxide

Mercury oxycyanide desensitized

Mercury potassium iodide

Mercury salicylate

Mercury sulphates

Mercury thiocyanate

Nickel cyanide

Nickel carbonyl

Organochlorine pesticides as follows:

Aldrin

Camphechlor

Chlordane

DDT

Dieldrin

Endosulfan

Endrin

Heptachlor

Lindane (gamma-BCH)

Organophosphorus pesticides as follows:

Azinphos-methyl

Azinphos-ethyl

Bromophos-ethyl

Carbophenothion

Chlorpyriphos

Chlorthiophos

Dialifos

Diazinon

Dichlofenthion

Dichlorvos

Dimethoate

EPN Ethion

Fenitrothion

SCHEDULE 2—continued

Fenthion

Fonofos

Isoxathion

Mevinphos

Parathion

Parathion-methyl

Pirimiphos ethyl

Phenthoate

Phorate

Phosalone

Phosphamidon

Pyrazophos

Sulprophos

Terbufos

Organotin compounds

Organotin pesticides

Osmium tetroxide

Pentachlorophenol

Phenylmercuric acetate

Phenylmercuric compounds

Phenylmercuric nitrate

Phosphorus, white or yellow

Polychlorinated biphenyls or terphenyls

Polyhalogenated biphenyls or terphenyls

Potassium cuprocyanide

Silver arsenite

Sodium cuprocyanide

Sodium pentachlorophenate

Triaryl phosphates

Tricresyl phosphates, more than 1% ortho-isomer

Zinc cyanide

Appendix 4

Radioactive materials

Radioactive materials which are transported in type B packages, or as fissile materials, or under special arrangement, as covered by the provisions of schedules 10 to 13 of class 7 of the International Maritime Dangerous Goods Code.

Appendix 5

Liquefied gases carried in bulk

Acetaldehyde

Anhydrous Ammonia

Chlorine

SCHEDULE 2—continued

Dimethylamine

Ethyl chloride

Ethylene oxide

Hydrogen chloride, anhydrous

Hydrogen fluoride, anhydrous

Methyl bromide

Methyl chloride

Sulphur dioxide

Vinyl chloride monomer

SCHEDULE 3 Subsection 44(1)

ANNEX TO BE SUBSTITUTED FOR ANNEX III TO THE CONVENTION SET OUT IN SCHEDULE 1 TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

ANNEX III

Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Regulation 1

Application

1 Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.

* Reference is made to the International Maritime Dangerous Goods Code (IMDG Code) adopted by Organisation resolution A.81(IV) as it has been or may be amended by the Maritime Safety Committe e.

SCHEDULE 3—continued

Regulation 2

Packing

Packages shall be adequate to minimize the hazard to the marine environment having regard to their specific contents.

Regulation 3

Marking and labelling

* Reference is made to the specific exemptions provided for in the International Maritime Dangerous Goods Code (IMDS Code).

SCHEDULE 3—continued

Regulation 4

Documentation **

** Reference to "documents" in this regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation.

SCHEDULE 3—continued

Regulation 5

Stowage

Harmful substances shall be properly stowed and secured so as to minimise the hazards to the marine environment without impairing the safety of the ship and persons on board.

Regulation 6

Quantity limitations

Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship as well as packaging and the inherent nature of the substances.

Regulation 7

Exceptions

SCHEDULE 3—continued

Appendix

GUIDELINES FOR THE IDENTIFICATION OF HARMFUL SUBSTANCES IN PACKAGED FORM

For the purposes of this Annex, substances identified by any one of the following criteria are harmful substances

* Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/ UNESCO/WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) which is circulated annually by the Organization by means of BCH circulars to all IMO Member States.

** The concentration of a substance which will, within the specified time (generally 96 hours) kill 50% of the exposed group of test organisms. LC 50 is often specified in mg/l (parts per million (ppm)).

SCHEDULE 4 Subsection 44(2)

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 9 Section 3

RESOLUTION MEPC.42(30)

adopted by the Marine Environment Protection Committee on 16 November 1990

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(Designation of Antarctic area as a special area under Annexes I and V of MARPOL 73/78)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee,

NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

HAVING CONSIDERED, at its thirtieth session, amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,

HAVING CONSIDERED ALSO the objective that all wastes are to be removed from the Antarctic area due to the ecological importance of the fragile ecosystems of the area,

SCHEDULE 4—continued

more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments;

ANNEX 1

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

ANNEX I

REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL

Regulation 10 is amended to read as follows:

Regulation 10

Methods for the Prevention of Oil Pollution from Ships While Operating in Special Areas

Except where it would unduly impair Antarctic operations:

This paragraph does not apply to ships certified to carry not more than 10 persons.

2. The Parties shall, where appropriate, require the use of sewage record books.

ARTICLE 7

CASES OF EMERGENCY

ARTICLE 8

EFFECT ON DEPENDENT AND ASSOCIATED ECOSYSTEMS

In implementing the provisions of this Annex, due consideration shall be given to the need to avoid detrimental effects on dependent and associated ecosystems, outside the Antarctic Treaty area.

ARTICLE 9

Each Party shall undertake to ensure that all ships entitled to fly its flag and any other ship engaged in or supporting its Antarctic operations, before entering the Antarctic Treaty area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures, and have sufficient capacity on board for the retention of garbage, while operating in the Antarctic Treaty area and have concluded arrangements

SCHEDULE 6—continued

to discharge such oily residues and garbage at a reception facility after leaving that area. Ships shall also have sufficient capacity on board for the retention of noxious liquid substances.

ARTICLE 10

DESIGN, CONSTRUCTION, MANNING AND EQUIPMENT OF SHIPS

In the design, construction, manning and equipment of ships engaged in or supporting Antarctic operations, each Party shall take into account the objectives of this Annex.

ARTICLE 11

SOVEREIGN IMMUNITY

ARTICLE 12

In order to respond more effectively to marine pollution emergencies or the threat thereof in the Antarctic Treaty area, the Parties, in accordance with Article 15 of the Protocol, shall develop contingency

SCHEDULE 6—continued

plans for marine pollution response in the Antarctic Treaty area, including contingency plans for ships (other than small boats that are part of the operations of fixed sites or of ships) operating in the Antarctic Treaty area, particularly ships carrying oil as cargo, and for oil spills, originating from coastal installations, which enter into the marine environment. To this end they shall:

2. The Parties shall also establish procedures for co-operative response to pollution emergencies and shall take appropriate response actions in accordance with such procedures.

ARTICLE 13

REVIEW

The Parties shall keep under continuous review the provisions of this Annex and other measures to prevent, reduce and respond to pollution of the Antarctic marine environment, including any amendments and new regulations adopted under MARPOL 73/78, with a view to achieving the objectives of this Annex.

ARTICLE 14

RELATIONSHIP WITH MARPOL 73/78

With respect to those Parties which are also Parties to MARPOL 73/78, nothing in this Annex shall derogate from the specific rights and obligations thereunder.

ARTICLE 15

AMENDMENT OR MODIFICATION

10. No. 11, 1991.

[Minister's second reading speech made in—

House of Representatives on 7 May 1992

Senate on 1 June 1992]