{"id":"F2023L00297","name":"2023 Section 11 exemption for voyages between Norfolk Island and Australian states and territories","slug":"2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103952,"registerId":"commonwealth-F2023L00297-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"2023 Section 11 exemption for voyages between Norfolk Island and Australian states and territories","content":"![Commonwealth Coat of Arms Australian Government logo](image.001.jpeg)\n\nCoastal Trading (Revitalising Australian Shipping) Act 2012\n\n2023 Section 11 exemption for voyages between Norfolk Island and Australian states and territories\n\nI, CATHERINE FIONA KING, Minister for Infrastructure, Transport, Regional Development and Local Government, for the purposes of section 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012, having taken into account all relevant considerations, hereby direct that the provisions of the Coastal Trading Act (Revitalising Australian Shipping) Act 2012 do not apply to the class of vessels described in the Schedule below.\n\nThis exemption has effect for the period commencing 8 April 2023 and ceasing on 7 April 2028.\n\nCATHERINE KING\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\n\nDate: 6 March 2023\n\nSchedule\n\nAll vessels undertaking any voyage for the carriage of cargo or passengers between Norfolk Island and any port in the Commonwealth or in the Territories, but not including any voyage in the course of which a vessel takes on cargo or passengers from any port in the Commonwealth or in the Territories other than a port in Norfolk Island for unloading or disembarking at another such port.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument temporarily reduces the statutory coverage of the Coastal Trading (Revitalising Australian Shipping) Act 2012 by directing that section 11 does not apply to the specified class of Norfolk Island voyages (Schedule) for the period 8 April 2023 to 7 April 2028. It does not amend the Act; it exempts that class from the Act's application for the stated period."},"complexity_factors":["Narrow geographic and operational scope defined in the Schedule: \"All vessels undertaking any voyage for the carriage of cargo or passengers between Norfolk Island and any port in the Commonwealth or in the Territories\" (Schedule).","Explicit exclusion in the Schedule for voyages involving intermediate loading: \"but not including any voyage in the course of which a vessel takes on cargo or passengers from any port in the Commonwealth or in the Territories other than a port in Norfolk Island for unloading or disembarking at another such port.\"","Temporal limitation: exemption has a fixed effect period commencing 8 April 2023 and ceasing on 7 April 2028 (instrument).","Ministerial discretion and record: the instrument is issued under section 11 \"having taken into account all relevant considerations\" (instrument), but it does not set out the considerations or criteria used.","Form of relief: the instrument suspends application of the Coastal Trading Act 2012 to a class of voyages rather than amending the Act, so other statutory obligations outside the Act may still apply.","Compliance and evidentiary gap: the instrument contains no procedural guidance for operators on how to demonstrate eligibility for the exemption or how regulators should verify qualifying voyages.","Interpretation and enforcement burden: determining whether a particular voyage falls inside the Schedule or the exclusion language may require factual and legal adjudication by regulators or courts."],"plain_english_summary":"This instrument directs that section 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 does not apply to vessels carrying cargo or passengers on voyages between Norfolk Island and any Australian state or territory port, except where a vessel loads at another Commonwealth/Territory port for discharge elsewhere. The exemption applies from 8 April 2023 to 7 April 2028. It affects operators on Norfolk Island routes by removing the Act’s regulatory requirements for that class during the period and shifts compliance and enforcement questions to regulators and operators."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard ministerial exemption instrument operating exactly as intended by the parent Act's framework. The Coastal Trading Act specifically provides for such exemptions under section 11, and this instrument uses that power for a discrete, limited purpose (Norfolk Island connectivity). No scope creep is evident."},"complexity_factors":["Single operative provision (section 11 direction) with straightforward effect","Only one defined term implicitly used ('the Commonwealth' and 'the Territories' — standard constitutional references)","Simple temporal limitation (5-year fixed period)","Single exclusion clause in Schedule (the 'not including' carve-out for multi-port voyages)","No cross-references to other legislation beyond the parent Act citation","Total length under 300 words"],"plain_english_summary":"This ministerial exemption allows any vessel—Australian or foreign—to carry cargo and passengers directly between Norfolk Island and mainland Australia or other territories for five years without a Coastal Trading Act licence. It opens routes to more operators and could lower costs for Norfolk Island residents and businesses, while exposing parts of the Australian coastal shipping industry to extra competition. Note: only direct Norfolk Island voyages are covered; intermediate legs still need a licence."}},"importantCases":[],"_links":{"self":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories","history":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories/history","analysis":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories/analysis","conflicts":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories/conflicts","importantCases":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories/important-cases","documents":"/api/acts/2023-section-11-exemption-for-voyages-between-norfolk-island-and-australian-states-and-territories/documents"}}