Maritime Legislation Amendment Act 2007

No. 150, 2007 as amended

Compilation start date: 1 July 2013

Includes amendments up to: Act No. 129, 2012

About this compilation

The compiled Act

This is a compilation of the Maritime Legislation Amendment Act 2007 as amended and in force on 1 July 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 12 July 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Schedule(s) 2

Schedule 1—Integration of the Australian Maritime College with the University of Tasmania 3

Part 1—Preliminary 3

Part 2—Repeal of the Maritime College Act 1978 6

Maritime College Act 1978 6

Part 3—General transitional provisions 7

Division 1—Assets, liabilities and legal proceedings 7

Division 2—Reference to, and things done by or in relation to, the College 9

Division 3—Miscellaneous 12

Part 4—Transitional provisions relating to the AMC institute 13

Part 5—Consequential amendments 20

Higher Education Support Act 2003 20

Legislative Instruments Act 2003 20

Public Works Committee Act 1969 20

Remuneration Tribunal Act 1973 20

Schedule 2—Information sharing by the Australian Maritime Safety Authority 21

Australian Maritime Safety Authority Act 1990 21

Endnotes 22

Endnote 1—Legislation history 22

Endnote 2—Amendment history 23

Endnote 3—Uncommenced amendments [none] 24

Endnote 4—Misdescribed amendments [none] 25

An Act to amend maritime legislation, and for other purposes

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.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	24 September 2007
2. Schedule 1	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.	1 January 2008 (see F2007L04141)
3. Schedule 2	The day on which this Act receives the Royal Assent.	24 September 2007

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.

Integration of the Australian Maritime College with the University of Tasmania 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:

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:

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:

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.

Maritime College Act 1978

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.

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.

a

the year beginning at the integration time; or

b

any of the next 4 years.

2 The whole of the Act

Repeal the Act.

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

Commonwealth Authorities and Companies Act 1997 records

for at least 7 years after completion of the transactions to which the accounting records relate.

as if the reference in subsection 27L(4) of that Act to a Commonwealth authority were a reference to the Commonwealth.

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.

3

The Commonwealth must retain the records and documents that are:

a

(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);

4

(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);

9 References in instruments

References to College taken to be references to University

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

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

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

Determinations are not legislative instruments

1

If:

a

an instrument is in force immediately before the integration time; and

b

the instrument contains a reference to the College;

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;

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;

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.

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

Minister and regulations may provide otherwise

Meaning of doing

Determinations are not legislative instruments

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.

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.

4

(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

5

A determination made under subitem (2) is not a legislative instrument.

11 Financial statements and other reporting requirements

Reporting requirements

the Board must provide the report, as required, for so much of the period as occurs before the integration time.

Outstanding reporting requirements

the Board must provide the report as required.

Application of law to Board

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;

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;

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.

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:

unless the contrary is established.

a

is taken to be such a certificate; and

b

is taken to have been properly given;

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.

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

(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

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 Higher Education Support Act 2003.Part 2-5 of the

Conditions and ministerial certificate

1

(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.

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.

17 Annual review of integration during first 5 years

AMC institute funding for first 5 years after integration

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 Higher Education Support Act 2003.Part 2-5 of the

Conditions and ministerial certificates

1

(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.

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.

18 Review of integration before the end of the first 5 years

Review

to be undertaken:

Manner and form of review

Report

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;

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.

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.

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.

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”.

Information sharing by the Australian Maritime Safety Authority

Australian Maritime Safety Authority Act 1990

1 After section 10

Insert:

11 Disclosure of information 1

(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.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Maritime Legislation Amendment Act 2007.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Maritime Legislation Amendment Act 2007.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.