{"id":"C2004A04009","name":"Australian Maritime Safety Authority Act 1990","slug":"australian-maritime-safety-authority-act-1990","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"78 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37009,"registerId":"commonwealth-C2004A04009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"## 1 Short title\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"## 2 Commencement\n\n","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Main objects of this Act","content":"## 2A Main objects of this Act\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"## 3 Interpretation\n\n> borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority.\n\n    (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and\n    (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and\n    (c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.\n\n> domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.\n\n> Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.\n\n  (2) A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3).\n  (3) The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"## 4 Extension to external Territories\n\n","sortOrder":5},{"sectionNumber":"Part Part 2","sectionType":"part","heading":"Establishment, functions and powers of Authority","content":"## Part 2 Establishment, functions and powers of Authority\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Authority","content":"## 5 Establishment of Authority\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed.\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Authority","content":"## 6 Functions of Authority\n\n    (cb) to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and\n  (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.\n  (5) The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under:\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Functions to be performed in accordance with international agreements","content":"## 7 Functions to be performed in accordance with international agreements\n\n  The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Directions","content":"## 8 Directions\n\n  (2) Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature.\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Reimbursement of cost of complying with directions","content":"## 9 Reimbursement of cost of complying with directions\n\n  (1) Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment.\n\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Minister may give Authority notices about its strategic direction etc.","content":"## 9A Minister may give Authority notices about its strategic direction etc.\n\n  (1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:\n  (3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).\n\n","sortOrder":12},{"sectionNumber":"9B","sectionType":"section","heading":"Minister may direct Authority to give documents and information to nominee","content":"## 9B Minister may direct Authority to give documents and information to nominee\n\n> ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority.\n\n  (2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.\n\n","sortOrder":13},{"sectionNumber":"9C","sectionType":"section","heading":"Extra matters to be included in annual report","content":"## 9C Extra matters to be included in annual report\n\n  The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period;\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Powers of Authority","content":"## 10 Powers of Authority\n\n  (1) In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n> Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Disclosure of information","content":"## 11 Disclosure of information\n\n  (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.\n  (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:\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Consultation","content":"## 12 Consultation\n\n  In the performance of its functions and the exercise of its powers, the Authority must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.\n\n","sortOrder":17},{"sectionNumber":"Part Part 3","sectionType":"part","heading":"Constitution of Authority","content":"## Part 3 Constitution of Authority\n\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Constitution of Authority","content":"## 13 Constitution of Authority\n\n    (d) if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and\n  (4) The members (other than the Chief Executive Officer and the member referred to in paragraph (1)(d)) are to be appointed by the Minister, and hold office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing.\n  (4A) The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels.\n  (5) The performance of the functions and the exercise of the powers of the Authority are not affected merely because of a vacancy in the membership of the Authority.\n\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Period of appointment of members","content":"## 14 Period of appointment of members\n\n  Subject to this Part, a member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Remuneration and allowances of members","content":"## 15 Remuneration and allowances of members\n\n  (1) A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed.\n\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Outside employment","content":"## 16 Outside employment\n\n  (1) Where the Chairperson has been appointed as a full‑time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister.\n  (2) A member appointed as a part‑time member must not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member.\n\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Leave of absence","content":"## 17 Leave of absence\n\n  (1) A Chairperson appointed as a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (3) The Minister may grant leave to a Chairperson appointed as a part‑time member to be absent from a meeting or meetings of the Authority.\n  (4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.\n\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Acting appointments","content":"## 18 Acting appointments\n\n  (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n    (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member):\n    (a) during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (4) Where the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis.\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Resignation","content":"## 20 Resignation\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Termination of appointment","content":"## 21 Termination of appointment\n\n    (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n    (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or\n    (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Meetings","content":"## 22 Meetings\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Conduct of meetings","content":"## 23 Conduct of meetings\n\n  (2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication, and a member who so participates is to be regarded as being present at the meeting.\n  (3) Without limiting subsection (1), the Authority may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Resolutions without meetings","content":"## 24 Resolutions without meetings\n\n  (1) Where the Authority so determines, a resolution is to be taken to have been passed at a meeting of the Authority if, without meeting, 4 or more members indicate agreement with the resolution in accordance with the method determined by the Authority.\n\n","sortOrder":29},{"sectionNumber":"Part Part 4","sectionType":"part","heading":"Operation of Authority","content":"## Part 4 Operation of Authority\n\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Corporate plan","content":"## 25 Corporate plan\n\n  (1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013.\n  (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.\n  (6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).\n\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Minister’s response to corporate plan","content":"## 26 Minister’s response to corporate plan\n\n  (1) The Minister must respond to a corporate plan referred to in subsection 25(1) within 60 days of being given the plan.\n  (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.\n\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Performance indicators","content":"## 27 Performance indicators\n\n    (f) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and\n\n","sortOrder":33},{"sectionNumber":"Part Part 5","sectionType":"part","heading":"Finance","content":"## Part 5 Finance\n\n> borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority.\n\n    (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and\n    (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and\n    (c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.\n\n> domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.\n\n> Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.\n\n  (2) A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3).\n  (3) The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed.\n\n    (cb) to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and\n  (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.\n  (5) The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under:\n\n  The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country.\n\n  (2) Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature.\n\n  (1) Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment.\n\n  (1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:\n  (3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).\n\n> ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority.\n\n  (2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.\n\n  The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period;\n\n  (1) In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n> Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority.\n\n  (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.\n  (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:\n\n  In the performance of its functions and the exercise of its powers, the Authority must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.\n\n    (d) if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and\n  (4) The members (other than the Chief Executive Officer and the member referred to in paragraph (1)(d)) are to be appointed by the Minister, and hold office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing.\n  (4A) The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels.\n  (5) The performance of the functions and the exercise of the powers of the Authority are not affected merely because of a vacancy in the membership of the Authority.\n\n  Subject to this Part, a member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n\n  (1) A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed.\n\n  (1) Where the Chairperson has been appointed as a full‑time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister.\n  (2) A member appointed as a part‑time member must not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member.\n\n  (1) A Chairperson appointed as a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (3) The Minister may grant leave to a Chairperson appointed as a part‑time member to be absent from a meeting or meetings of the Authority.\n  (4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.\n\n  (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n    (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member):\n    (a) during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (4) Where the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis.\n\n    (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n    (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or\n    (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.\n\n  (2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication, and a member who so participates is to be regarded as being present at the meeting.\n  (3) Without limiting subsection (1), the Authority may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\n\n  (1) Where the Authority so determines, a resolution is to be taken to have been passed at a meeting of the Authority if, without meeting, 4 or more members indicate agreement with the resolution in accordance with the method determined by the Authority.\n\n  (1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013.\n  (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.\n  (6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).\n\n  (1) The Minister must respond to a corporate plan referred to in subsection 25(1) within 60 days of being given the plan.\n  (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.\n\n    (f) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and\n\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection.\n\n  (3) The interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice.\n  (4) Where the interest of the Commonwealth is of such a kind that it is not held from another person, the transfer has effect as a grant to the authority of an estate in fee simple.\n  (5) The Minister must cause to be lodged with the Registrar‑General, Registrar of Titles or other appropriate officer of the relevant State or Territory a copy of the notice, certified in writing signed by an officer of the Department authorised by the Minister for the purpose.\n  (6) The officer with whom a copy is lodged may register the transfer as nearly as possible as if it were a dealing in land and may deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws in force in the relevant State or Territory.\n\n    (a) must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and\n  (3) If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount.\n    (a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined by the Minister.\n\n  The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth.\n\n    (b) an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and\n  there is payable to the Authority by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount.\n\n    (b) a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;\n  then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.\n\n    (a) the value of assets that have been transferred to the Authority by the Commonwealth as determined under section 32; and\n    (c) any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and\n    (d) any reserves resulting from the operations of the Authority (whether because of the retention of profits or otherwise) or from the revaluation of the Authority’s assets; and\n  (2) Interest is not payable to the Commonwealth on the capital of the Authority, but the capital of the Authority is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines in writing.\n  (3) In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs.\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing.\n\n    (b) the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company.\n  (4) For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:\n    (c) a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or\n  (5) Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate.\n  (6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n\n    (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 41.\n\n    (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:\n    (i) the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or\n    (ii) the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or\n\n    (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or\n  (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.\n  (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.\n    (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:\n    (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or\n    (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.\n  (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.\n  (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).\n  (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.\n  (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.\n  (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.\n\n    (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and\n  (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.\n  (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1).\n  (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n  (1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Minister after receiving a recommendation from the Authority.\n  (2) Subject to this Part, a person appointed as Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n  (4) Anything done in the name of, or on behalf of, the Authority by the Chief Executive Officer is to be taken to have been done by the Authority.\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the approval of the Authority.\n\n  (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.\n\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n  (1) The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (2) A person, other than a member of the staff, who is acting as Chief Executive Officer is to be paid the same remuneration and allowances as are payable to the Chief Executive Officer.\n  (3) A member of the staff who is acting as Chief Executive Officer is to continue to be paid the remuneration and allowances payable to the person as such a member but is also to be paid:\n    (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the person; and\n\n  The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.\n\n  The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to:\n\n  (1) Subject to subsection (2), the Authority may, by written instrument, delegate to a person all or any of its powers under this or any other Act.\n  (2) The powers of the Authority under subsection 40(1), section 42, subsection 47(1) and section 56, may be delegated only to a member or officer of the Authority.\n\n    (d) any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority.\n\n  Where the Minister gives a direction under section 8, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given.\n\n  any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re‑enacted.\n  (2) In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection:\n  and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.\n\n","sortOrder":34},{"sectionNumber":"Div Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\n> borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority.\n\n    (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and\n    (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and\n    (c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.\n\n> domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.\n\n> Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.\n\n  (2) A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3).\n  (3) The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed.\n\n    (cb) to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and\n  (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.\n  (5) The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under:\n\n  The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country.\n\n  (2) Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature.\n\n  (1) Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment.\n\n  (1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:\n  (3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).\n\n> ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority.\n\n  (2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.\n\n  The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period;\n\n  (1) In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n> Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority.\n\n  (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.\n  (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:\n\n  In the performance of its functions and the exercise of its powers, the Authority must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.\n\n    (d) if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and\n  (4) The members (other than the Chief Executive Officer and the member referred to in paragraph (1)(d)) are to be appointed by the Minister, and hold office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing.\n  (4A) The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels.\n  (5) The performance of the functions and the exercise of the powers of the Authority are not affected merely because of a vacancy in the membership of the Authority.\n\n  Subject to this Part, a member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n\n  (1) A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed.\n\n  (1) Where the Chairperson has been appointed as a full‑time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister.\n  (2) A member appointed as a part‑time member must not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member.\n\n  (1) A Chairperson appointed as a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (3) The Minister may grant leave to a Chairperson appointed as a part‑time member to be absent from a meeting or meetings of the Authority.\n  (4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.\n\n  (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n    (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member):\n    (a) during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (4) Where the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis.\n\n    (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n    (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or\n    (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.\n\n  (2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication, and a member who so participates is to be regarded as being present at the meeting.\n  (3) Without limiting subsection (1), the Authority may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\n\n  (1) Where the Authority so determines, a resolution is to be taken to have been passed at a meeting of the Authority if, without meeting, 4 or more members indicate agreement with the resolution in accordance with the method determined by the Authority.\n\n  (1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013.\n  (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.\n  (6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).\n\n  (1) The Minister must respond to a corporate plan referred to in subsection 25(1) within 60 days of being given the plan.\n  (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.\n\n    (f) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and\n\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection.\n\n  (3) The interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice.\n  (4) Where the interest of the Commonwealth is of such a kind that it is not held from another person, the transfer has effect as a grant to the authority of an estate in fee simple.\n  (5) The Minister must cause to be lodged with the Registrar‑General, Registrar of Titles or other appropriate officer of the relevant State or Territory a copy of the notice, certified in writing signed by an officer of the Department authorised by the Minister for the purpose.\n  (6) The officer with whom a copy is lodged may register the transfer as nearly as possible as if it were a dealing in land and may deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws in force in the relevant State or Territory.\n\n    (a) must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and\n  (3) If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount.\n    (a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined by the Minister.\n\n  The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth.\n\n    (b) an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and\n  there is payable to the Authority by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount.\n\n    (b) a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;\n  then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.\n\n    (a) the value of assets that have been transferred to the Authority by the Commonwealth as determined under section 32; and\n    (c) any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and\n    (d) any reserves resulting from the operations of the Authority (whether because of the retention of profits or otherwise) or from the revaluation of the Authority’s assets; and\n  (2) Interest is not payable to the Commonwealth on the capital of the Authority, but the capital of the Authority is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines in writing.\n  (3) In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs.\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing.\n\n    (b) the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company.\n  (4) For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:\n    (c) a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or\n  (5) Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate.\n  (6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n\n    (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 41.\n\n    (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:\n    (i) the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or\n    (ii) the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or\n\n    (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or\n  (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.\n  (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.\n    (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:\n    (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or\n    (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.\n  (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.\n  (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).\n  (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.\n  (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.\n  (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.\n\n    (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and\n  (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.\n  (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1).\n  (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n  (1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Minister after receiving a recommendation from the Authority.\n  (2) Subject to this Part, a person appointed as Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n  (4) Anything done in the name of, or on behalf of, the Authority by the Chief Executive Officer is to be taken to have been done by the Authority.\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the approval of the Authority.\n\n  (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.\n\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n  (1) The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (2) A person, other than a member of the staff, who is acting as Chief Executive Officer is to be paid the same remuneration and allowances as are payable to the Chief Executive Officer.\n  (3) A member of the staff who is acting as Chief Executive Officer is to continue to be paid the remuneration and allowances payable to the person as such a member but is also to be paid:\n    (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the person; and\n\n  The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.\n\n  The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to:\n\n  (1) Subject to subsection (2), the Authority may, by written instrument, delegate to a person all or any of its powers under this or any other Act.\n  (2) The powers of the Authority under subsection 40(1), section 42, subsection 47(1) and section 56, may be delegated only to a member or officer of the Authority.\n\n    (d) any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority.\n\n  Where the Minister gives a direction under section 8, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given.\n\n  any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re‑enacted.\n  (2) In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection:\n  and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.\n\n","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Transfers of certain Commonwealth assets to Authority","content":"## 30 Transfers of certain Commonwealth assets to Authority\n\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection.\n\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Statutory transfer of land etc. to Authority","content":"## 31 Statutory transfer of land etc. to Authority\n\n  (3) The interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice.\n  (4) Where the interest of the Commonwealth is of such a kind that it is not held from another person, the transfer has effect as a grant to the authority of an estate in fee simple.\n  (5) The Minister must cause to be lodged with the Registrar‑General, Registrar of Titles or other appropriate officer of the relevant State or Territory a copy of the notice, certified in writing signed by an officer of the Department authorised by the Minister for the purpose.\n  (6) The officer with whom a copy is lodged may register the transfer as nearly as possible as if it were a dealing in land and may deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws in force in the relevant State or Territory.\n\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Effects of transfers from Commonwealth to Authority","content":"## 32 Effects of transfers from Commonwealth to Authority\n\n    (a) must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and\n  (3) If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount.\n    (a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined by the Minister.\n\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Liabilities in respect of personnel","content":"## 33 Liabilities in respect of personnel\n\n  The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth.\n\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Money paid in advance to the Commonwealth","content":"## 34 Money paid in advance to the Commonwealth\n\n    (b) an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and\n  there is payable to the Authority by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount.\n\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Rights in respect of services and facilities formerly provided by Department","content":"## 35 Rights in respect of services and facilities formerly provided by Department\n\n    (b) a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;\n  then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Capital of Authority","content":"## 36 Capital of Authority\n\n    (a) the value of assets that have been transferred to the Authority by the Commonwealth as determined under section 32; and\n    (c) any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and\n    (d) any reserves resulting from the operations of the Authority (whether because of the retention of profits or otherwise) or from the revaluation of the Authority’s assets; and\n  (2) Interest is not payable to the Commonwealth on the capital of the Authority, but the capital of the Authority is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines in writing.\n  (3) In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Exemption from tax","content":"## 37 Exemption from tax\n\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Borrowings from Commonwealth","content":"## 39 Borrowings from Commonwealth\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing.\n\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Borrowings otherwise than from Commonwealth","content":"## 40 Borrowings otherwise than from Commonwealth\n\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Guarantee of borrowings by Authority","content":"## 41 Guarantee of borrowings by Authority\n\n    (b) the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company.\n  (4) For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:\n    (c) a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or\n  (5) Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate.\n  (6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Authority may give security","content":"## 42 Authority may give security\n\n    (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 41.\n\n","sortOrder":47},{"sectionNumber":"Div Division 2","sectionType":"division","heading":"Charges and levies","content":"## Division 2 Charges and levies\n\n> borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority.\n\n    (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and\n    (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and\n    (c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.\n\n> domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.\n\n> Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.\n\n  (2) A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3).\n  (3) The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed.\n\n    (cb) to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and\n  (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.\n  (5) The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under:\n\n  The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country.\n\n  (2) Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature.\n\n  (1) Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment.\n\n  (1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters:\n  (3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1).\n\n> ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority.\n\n  (2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests.\n\n  The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period;\n\n  (1) In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n> Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority.\n\n  (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.\n  (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:\n\n  In the performance of its functions and the exercise of its powers, the Authority must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.\n\n    (d) if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and\n  (4) The members (other than the Chief Executive Officer and the member referred to in paragraph (1)(d)) are to be appointed by the Minister, and hold office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing.\n  (4A) The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels.\n  (5) The performance of the functions and the exercise of the powers of the Authority are not affected merely because of a vacancy in the membership of the Authority.\n\n  Subject to this Part, a member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n\n  (1) A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed.\n\n  (1) Where the Chairperson has been appointed as a full‑time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister.\n  (2) A member appointed as a part‑time member must not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member.\n\n  (1) A Chairperson appointed as a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (3) The Minister may grant leave to a Chairperson appointed as a part‑time member to be absent from a meeting or meetings of the Authority.\n  (4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.\n\n  (1) The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n    (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member):\n    (a) during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (4) Where the Chairperson is a part‑time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part‑time basis.\n\n    (a) a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n    (i) engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or\n    (e) the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.\n\n  (2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication, and a member who so participates is to be regarded as being present at the meeting.\n  (3) Without limiting subsection (1), the Authority may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\n\n  (1) Where the Authority so determines, a resolution is to be taken to have been passed at a meeting of the Authority if, without meeting, 4 or more members indicate agreement with the resolution in accordance with the method determined by the Authority.\n\n  (1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013.\n  (2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.\n  (6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).\n\n  (1) The Minister must respond to a corporate plan referred to in subsection 25(1) within 60 days of being given the plan.\n  (5) If the Minister’s response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.\n\n    (f) the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and\n\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection.\n\n  (3) The interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice.\n  (4) Where the interest of the Commonwealth is of such a kind that it is not held from another person, the transfer has effect as a grant to the authority of an estate in fee simple.\n  (5) The Minister must cause to be lodged with the Registrar‑General, Registrar of Titles or other appropriate officer of the relevant State or Territory a copy of the notice, certified in writing signed by an officer of the Department authorised by the Minister for the purpose.\n  (6) The officer with whom a copy is lodged may register the transfer as nearly as possible as if it were a dealing in land and may deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws in force in the relevant State or Territory.\n\n    (a) must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and\n  (3) If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount.\n    (a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined by the Minister.\n\n  The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth.\n\n    (b) an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and\n  there is payable to the Authority by the Commonwealth an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the first‑mentioned amount.\n\n    (b) a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;\n  then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.\n\n    (a) the value of assets that have been transferred to the Authority by the Commonwealth as determined under section 32; and\n    (c) any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and\n    (d) any reserves resulting from the operations of the Authority (whether because of the retention of profits or otherwise) or from the revaluation of the Authority’s assets; and\n  (2) Interest is not payable to the Commonwealth on the capital of the Authority, but the capital of the Authority is repayable to the Commonwealth at such times, and in such amounts, as the Minister determines in writing.\n  (3) In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs.\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing.\n\n    (b) the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company.\n  (4) For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:\n    (c) a subsidiary of the Authority none of whose members is a person other than the Authority or a nominee of the Authority; or\n  (5) Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate.\n  (6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n\n    (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 41.\n\n    (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:\n    (i) the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or\n    (ii) the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or\n\n    (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or\n  (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.\n  (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.\n    (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:\n    (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or\n    (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.\n  (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.\n  (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).\n  (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.\n  (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.\n  (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.\n\n    (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and\n  (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.\n  (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1).\n  (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n  (1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Minister after receiving a recommendation from the Authority.\n  (2) Subject to this Part, a person appointed as Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n  (4) Anything done in the name of, or on behalf of, the Authority by the Chief Executive Officer is to be taken to have been done by the Authority.\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the approval of the Authority.\n\n  (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.\n\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n  (1) The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (2) A person, other than a member of the staff, who is acting as Chief Executive Officer is to be paid the same remuneration and allowances as are payable to the Chief Executive Officer.\n  (3) A member of the staff who is acting as Chief Executive Officer is to continue to be paid the remuneration and allowances payable to the person as such a member but is also to be paid:\n    (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the person; and\n\n  The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.\n\n  The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to:\n\n  (1) Subject to subsection (2), the Authority may, by written instrument, delegate to a person all or any of its powers under this or any other Act.\n  (2) The powers of the Authority under subsection 40(1), section 42, subsection 47(1) and section 56, may be delegated only to a member or officer of the Authority.\n\n    (d) any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority.\n\n  Where the Minister gives a direction under section 8, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given.\n\n  any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re‑enacted.\n  (2) In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection:\n  and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.\n\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Interpretation","content":"## 46 Interpretation\n\n    (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:\n    (i) the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or\n    (ii) the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or\n\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Charges for services and facilities","content":"## 47 Charges for services and facilities\n\n    (a) a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or\n  (5) Where the Authority is given, under section 95P of the Competition and Consumer Act 2010, a report of an inquiry held under that Act in relation to the supply of services or facilities by the Authority, it must give a copy of the report to the Minister.\n  (6) The Minister may, within the period referred to in subsection (7), give the Authority notice in writing approving or disapproving the proposed determination, but in doing so, the Minister must have regard to the duties and responsibilities of the Authority.\n    (a) if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:\n    (ii) a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or\n    (b) the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.\n  (10) Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.\n  (11) A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).\n  (12) The amount or rate of a charge must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matters to which the charge relates and must not be such as to amount to taxation.\n  (14) Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.\n  (15) The penalty must not exceed a penalty equivalent to 1.5%, or such other percentage as is prescribed, of the unpaid amount of the charge for each month or part of a month during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.\n\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Payment of amounts of levy to Authority","content":"## 48 Payment of amounts of levy to Authority\n\n    (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and\n  (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.\n  (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1).\n  (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n","sortOrder":51},{"sectionNumber":"Part Part 6","sectionType":"part","heading":"Chief Executive Officer, staff and consultants","content":"## Part 6 Chief Executive Officer, staff and consultants\n\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Chief Executive Officer","content":"## 49 Chief Executive Officer\n\n  (1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Minister after receiving a recommendation from the Authority.\n  (2) Subject to this Part, a person appointed as Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.\n  (4) Anything done in the name of, or on behalf of, the Authority by the Chief Executive Officer is to be taken to have been done by the Authority.\n\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Chief Executive Officer not to engage in other work","content":"## 50 Chief Executive Officer not to engage in other work\n\n  The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the approval of the Authority.\n\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Remuneration and allowances of Chief Executive Officer","content":"## 51 Remuneration and allowances of Chief Executive Officer\n\n  (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations.\n\n","sortOrder":55},{"sectionNumber":"51A","sectionType":"section","heading":"Leave of absence","content":"## 51A Leave of absence\n\n  (2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Resignation","content":"## 52 Resignation\n\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Term of office","content":"## 53 Term of office\n\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Acting Chief Executive Officer","content":"## 54 Acting Chief Executive Officer\n\n  (1) The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer:\n    (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (2) A person, other than a member of the staff, who is acting as Chief Executive Officer is to be paid the same remuneration and allowances as are payable to the Chief Executive Officer.\n  (3) A member of the staff who is acting as Chief Executive Officer is to continue to be paid the remuneration and allowances payable to the person as such a member but is also to be paid:\n    (b) so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the person; and\n\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Staff of Authority","content":"## 55 Staff of Authority\n\n  The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.\n\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Consultants","content":"## 56 Consultants\n\n","sortOrder":61},{"sectionNumber":"Part Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7 Miscellaneous\n\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Delegation by Minister","content":"## 57 Delegation by Minister\n\n  The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to:\n\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Delegation by Authority","content":"## 58 Delegation by Authority\n\n  (1) Subject to subsection (2), the Authority may, by written instrument, delegate to a person all or any of its powers under this or any other Act.\n  (2) The powers of the Authority under subsection 40(1), section 42, subsection 47(1) and section 56, may be delegated only to a member or officer of the Authority.\n\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Substitution of Authority for Commonwealth in contracts etc.","content":"## 59 Substitution of Authority for Commonwealth in contracts etc.\n\n    (d) any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority.\n\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Publication of directions","content":"## 60 Publication of directions\n\n  Where the Minister gives a direction under section 8, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given.\n\n","sortOrder":66},{"sectionNumber":"61","sectionType":"section","heading":"Regulations","content":"## 61 Regulations\n\n","sortOrder":67},{"sectionNumber":"Part Part 9","sectionType":"part","heading":"Transitional provisions","content":"## Part 9 Transitional provisions\n\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Actions etc. under provisions amended or repealed","content":"## 63 Actions etc. under provisions amended or repealed\n\n#### 63 Actions etc. under provisions amended or [Repealed]\n\n  any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re‑enacted.\n  (2) In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection:\n  and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.","sortOrder":69}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1990 Act focused on establishing AMSA, transferring departmental functions/assets/liabilities and enabling commercial service delivery. Amendments have expanded scope to expressly list a national search and rescue service and marine-environment protection in the objects (s 2A(ba) and (b)), add explicit cooperation with the Australian Transport Safety Bureau (s 6(1)(cb)), require at least one board member with domestic commercial vessel expertise (s 13(4A)), introduce ministerial strategic notices and extra annual-report content (ss 9A–9C), update all governance and finance references to the Public Governance, Performance and Accountability Act 2013, and broaden information-disclosure purposes to include maritime domain awareness and coastal-trading law enforcement (s 11)."},"complexity_factors":["Extensive cross-references to the Public Governance, Performance and Accountability Act 2013 for corporate entity rules, annual reporting, accountable authority duties and investment powers (notes to ss 5(2), 9C, 10(2), 25(1), 41(6))","Defined terms that incorporate definitions from other statutes including the Navigation Act 2012 (Safety Convention), Marine Safety (Domestic Commercial Vessel) National Law, Competition and Consumer Act 2010 (Part VIIA price oversight) and Companies Act 1981 (subsidiary test) (s 3)","Layered ministerial oversight mechanisms (directions under s 8 limited to general nature for other-Act functions, strategic notices under s 9A, document requests via nominee under s 9B, corporate plan response and variation powers under ss 26–27)","Detailed transitional asset-transfer, loan-valuation, capital-accounting and levy-payment provisions that apply historical cut-off dates and ministerial determinations (ss 30–36, 48)","Conditional charging regime under s 47 that incorporates Competition and Consumer Act inquiry triggers, Ministerial approval periods, cost-recovery limits and compounding penalty rules"],"plain_english_summary":"**The Australian Maritime Safety Authority Act 1990 establishes the Australian Maritime Safety Authority (AMSA) as a corporate Commonwealth entity.** It sets out AMSA's main purposes: promoting maritime safety, protecting the marine environment from ship pollution and other shipping damage, running a national search and rescue service, and delivering services efficiently (s 2A). AMSA's functions include combating marine pollution, providing search and rescue consistent with international conventions, offering commercial services to the maritime industry and governments on request, cooperating with the Australian Transport Safety Bureau on investigations, and performing other functions given by other laws (s 6). The Act creates a board structure (Chairperson, Deputy Chairperson, CEO, departmental representative and five others), sets appointment, remuneration, meeting and corporate planning rules, and gives AMSA broad powers to contract, hold property, borrow, charge fees and manage finances (ss 5, 10, 13, 25–27, 40, 47). It requires AMSA to act consistently with Australia's international obligations (s 7), allows ministerial directions (with reimbursement for costs) and strategic notices (ss 8–9A), and transfers former departmental assets, liabilities and rights to AMSA while exempting it from most taxes (ss 30–37). Levies collected under related Acts are paid to AMSA (s 48). The law affects ship operators, the maritime industry, government agencies and anyone using Australian waters by creating a single national body responsible for safety, environment and rescue services funded partly by industry charges."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the text of the Act itself, the operative scope aligns with the Act’s stated main objects (section 2A) and the functions set out in section 6. The Act consistently confines the Authority to maritime safety, marine environmental protection, search and rescue and the efficient provision of maritime services, and provides the institutional, financial and transitional mechanisms to carry those functions into effect (see sections 2A, 6, 10, 30–36, 46–48). There is no provision in the supplied text that expands the Authority’s scope beyond these stated objects."},"complexity_factors":["Multiple financial mechanisms with interlocking ministerial determinations (asset valuation and deemed loans under s32; capital accounting and repayment under s36; reimbursement of costs under s9).","Cross-references to other statutes and external frameworks (Competition and Consumer Act Part VIIA in s47; Privacy Act in s11; Navigation Act and international conventions in s6 and s7).","Layered governance and oversight: statutory board, CEO, Ministerial directions and ministerial nominee information powers (ss13, 49, 8, 9B, 9A, 21).","Detailed charge-setting regime combining internal determinations, public notice to the Minister and possible substitution by the Minister (s47).","Transitional and statutory transfer rules for assets, rights and pending proceedings with prescribed publication and registration steps (ss30–35, 63).","Delegation limits and conditions on delegation (s57, s58) that create procedural nuance.","Interaction between commercial powers (borrowing, investing, forming subsidiaries, giving security — ss40–42, 10) and public accountability requirements (corporate plan, annual report — ss25–26, 9C)."],"plain_english_summary":"What this Act does mechanically\n\n- Establishes a statutory body called the Australian Maritime Safety Authority (the Authority) with corporate status, a seal and the capacity to sue and be sued (section 5).\n- Sets out the Authority’s core functions: combat marine pollution; provide search and rescue; supply maritime services commercially (including to government); cooperate with transport safety investigations; and perform other statutory or prescribed functions (sections 2A, 6). \n- Gives the Authority broad operational powers to contract, hold and dispose of property, form companies, enter partnerships, subcontract services, invest unneeded funds and give security for borrowings (sections 10, note to s10, 40, 41, 42). \n- Creates the governance structure: a Chair, Deputy Chair, Chief Executive Officer and other members; specifies appointment, terms, remuneration, meetings, resignation and termination rules (sections 13–24, 14–21, 49–55). The Chief Executive Officer manages the Authority (section 49).\n- Provides financial and asset rules: transfer of Commonwealth assets and rights to the Authority, determination of their value and treatment as capital or loans, capital accounting and exemptions from tax (sections 30–36, 37). The Finance Minister may lend to or guarantee Authority borrowings; the Authority can borrow commercially (sections 39–41).\n- Authorises the Authority to set charges and penalties for services and other regulatory matters, subject to specified processes including notice to the Minister, limits (must be related to expenses and not be taxation) and some interaction with competition law (section 46; section 47 and cross-reference to Part VIIA of the Competition and Consumer Act 2010). Charges and penalties are recoverable as debts (s47(17)).\n- Requires the Minister to be able to give written directions on performance, to issue strategic notices, and to receive certain documents (sections 8, 9A, 9B); the Authority must report directions and related matters in its annual report (section 9C). The Minister must respond to the Authority’s corporate plan and may direct variations (sections 25–26).\n- Permits the Authority to disclose information (including personal information) for maritime safety, marine protection, efficiency of transportation and related enforcement purposes (section 11).\n- Contains transitional provisions to preserve actions, contracts and rights when functions and assets move from a Department to the Authority (section 63 and sections 30–35).\n\nOfficial purpose claims stated in the Act\n\n- The Act states its main objects are to promote maritime safety; protect the marine environment from pollution and other shipping-related damage; provide a national search and rescue service; and promote efficient provision of services by the Authority (section 2A). The functions in section 6 are framed to implement those objects.\n\nTesting those purpose-claims against costs, incentives and implementation mechanics (source references)\n\n- Who pays and revenue sources\n  - Users of services and regulated parties can be charged fees or charges for services, certificates, licences and related regulatory matters; charges must be reasonably related to expenses and must not amount to taxation (sections 46–47). Charges may attract a late‑payment penalty (s47(14)–(16)).\n  - Levies and penalties previously collected by the Commonwealth are to be paid to the Authority (s48). Refunds of those amounts require the Authority to repay the Commonwealth (s48(1A)).\n  - The Commonwealth (via the Finance Minister) may lend to the Authority or guarantee its borrowings; the Authority may also borrow commercially and give security over its assets (ss39–42).\n\n- Who decides (decision points and oversight) \n  - The Minister has several supervisory levers: may give written directions about performance of functions (s8); may advise on strategic direction which the Authority must take into account (s9A); may require provision of documents to a ministerial nominee (s9B); must be notified of proposed charge determinations and may approve or disapprove them within statutory timeframes (s47(3), (6)–(9)); appoints most members and the Minister appoints the Chief Executive Officer after a recommendation from the Authority (ss13, 49); and may terminate appointments in prescribed circumstances (s21). The Finance Minister controls loans and guarantees (ss32(4), 39–41).\n\n- Incentives created by the Act\n  - Commercial service provision: the Authority may supply services on a commercial basis both within and outside Australia (s6(2)–(3)). That creates incentives for the Authority to recover costs from users (s47) and to run reserves and retained profits as capital (s36).\n  - Ministerial oversight: because certain actions (charge determinations, directions, appointment and termination of members) require ministerial involvement (ss8, 21, 47, 9A–9B), there are concentrated decision points where external parties might target influence. The Act embeds these concrete mechanisms (see ss8, 21, 47).\n  - Borrowing and guarantees: the Authority’s ability to borrow and to receive Commonwealth guarantees (ss40–41) changes its funding options and may affect pricing and investment choices.\n\n- Costs, trade-offs and opportunity costs\n  - Compliance and administrative costs fall on regulated persons who must pay charges and, where applicable, penalties (ss46–47). Businesses that use Authority services may face cost-recovery fees rather than lower-cost government provision.\n  - The Commonwealth provides start-up capital via asset transfers and may assume transitional liabilities (ss30–36). That shifts economic costs from initial departmental budgets to an ongoing corporate entity, with capital repayable to the Commonwealth at times and amounts the Minister determines (s36(2)).\n  - The Authority is tax-exempt in most respects (s37), which reduces its cash costs relative to private firms, but not for customs duties or Commonwealth sales tax (s37(2)).\n\n- Implementation risk and bureaucratic discretion\n  - Several key monetary and administrative determinations are left to Ministers (value and treatment of transferred assets and loans (s32); amount to be reimbursed when complying with directions (s9); timing and terms for capital repayment (s36(2)); Finance Minister’s guarantee decisions (s41)). Those processes require written determinations and create dependent discretion points.\n  - The Authority must perform search and rescue and other functions consistently with international obligations (s6(5), s7), which imposes operational constraints and may require international coordination.\n\n- Compliance burden and reporting\n  - The Authority must prepare a corporate plan and performance indicators; the Minister must respond and may direct variations; the Authority must include particulars of Ministerial directions and notices in its annual report (ss25–27, 9C). These rules create reporting obligations and transparency mechanisms that carry administrative costs for the Authority.\n\n- Effects on private choice, competition and market structure\n  - The Authority may provide services itself or by arranging others to provide them (s10(3)). That leaves space for both internal provision and outsourcing to private providers. The charge-setting regime must operate subject to competition law (s47(2) referencing Competition and Consumer Act Part VIIA), so public pricing is constrained by competition/inquiry processes.\n\nConcentrated benefits and diffuse costs (mechanisms, not labels)\n\n- Concentrated decision points: ministerial approval of charges and appointment/termination powers (ss47, 13, 21) centralise authority. Where commercial operators expect to pay or be affected by charges, they face identifiable decision-makers to influence.\n- Diffuse costs: compliance costs, service charges and any levies are spread across users and regulated entities (ss46–48). The Act shifts some running costs from general departmental budgets to user-funded charges and levies.\n\nKey practical takeaways (who pays, who decides, what changes behaviour)\n\n- Who pays: users of Authority services and holders of regulated certificates/licenses pay charges (s46–47); the Authority receives levies formerly collected by the Commonwealth (s48); the Commonwealth may provide loans or guarantees (ss39–41).\n- Who decides: the Authority makes operational decisions, but the Minister and Finance Minister exercise specific oversight and financial control (ss8, 9A–9B, 47, 32(4), 39–41); the Minister appoints members and may terminate them (ss13, 21).\n- Behaviour changes: regulated parties may substitute paying Authority charges (s47) for prior departmental arrangements; the Authority’s commercial remit (s6) pushes it toward cost recovery and service pricing; the Authority can subcontract or compete with private providers (s10(3)).\n\nCitations: main provisions cited throughout the summary are from sections 2A, 5–13, 21, 25–27, 30–37, 39–42, 46–48, 49–56, 59–63 of the Act."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"s30(1)","severity":"high","reasoning":"The provision presupposes that the Authority's functions were being performed by the Department prior to the Act's commencement. However, the Authority is established by section 5 of this same Act. Before commencement, there were no 'functions of the Authority' — only functions of the Department. The drafting assumes a pre-existing Authority whose functions were delegated to the Department, which is logically inverted.","confidence":0.85,"description":"Section 30(1) transfers assets where a function of the Authority 'was being performed by the Department' immediately before commencement, but the Authority did not exist until created by this very Act. The Authority could not have had functions being performed by the Department before the Act commenced because the Authority had no legal existence prior to commencement."},{"type":"retroactive_impossibility","section":"s34","severity":"medium","reasoning":"Same logical flaw as s30(1). The Authority only comes into existence upon Royal Assent. The characterisation of pre-commencement departmental activities as 'functions of the Authority' is a legal fiction that, while common in transitional provisions, creates a logical absurdity: an entity cannot have functions performed on its behalf before it exists.","confidence":0.8,"description":"Section 34 similarly refers to 'a function of the Authority was formerly performed by the Department' — but the Authority did not exist before this Act, so the Department could not have been performing the Authority's functions. The same retroactive attribution of identity applies."},{"type":"retroactive_impossibility","section":"s35(1)","severity":"medium","reasoning":"Consistent with s30 and s34. All three transitional provisions rely on attributing pre-existence to the Authority for the purpose of identifying which assets, rights and functions transfer. While this is a known drafting convention, it is logically incoherent.","confidence":0.8,"description":"Section 35 repeats the same retroactive impossibility — referring to 'a function of the Authority was being performed by the Department' immediately before commencement of this section — where the Authority did not exist at that time."},{"type":"other","section":"s36(1)(h)","severity":"high","reasoning":"Section 33 expressly states its determination is 'for the purposes of paragraph 36(1)(h)'. Section 36(1) lists deductions from capital but paragraph (h) does not appear in the reproduced text (the list jumps from (g) to (j)). If this reflects the actual Act text and not a reproduction error, there is a dangling cross-reference creating an impossible compliance situation — the Minister must make a determination for a paragraph that does not exist in the operative provision.","confidence":0.75,"description":"Section 36(1) calculates capital of the Authority by reference to 'paragraph 36(1)(h)' but the subsection as reproduced only lists paragraphs (a) through (k) with paragraph (h) missing from the text. Section 33 also references 'paragraph 36(1)(h)' for personnel liabilities. If paragraph (h) is absent, a mandatory component of the capital calculation is undefined."},{"type":"other","section":"s27","severity":"low","reasoning":"The alphabetical list in s27 skips from (g) to (k). While this may simply be a result of amendments deleting paragraphs (h), (i) and (j), the absence without explanation leaves uncertainty about whether mandatory considerations have been omitted.","confidence":0.65,"description":"Section 27 lists performance indicator considerations labelled (a), (b), (c), (d), (e), (f), (g) and then jumps to (k), skipping (h), (i) and (j). This creates a gap in the enumeration that may indicate missing mandatory considerations or a drafting error that renders the provision incomplete."},{"type":"self_contradicting","section":"s53","severity":"high","reasoning":"A fixed-term appointment and an at-pleasure appointment are fundamentally incompatible legal concepts. A fixed-term gives the appointee a legitimate expectation of tenure for the specified period; an at-pleasure appointment is terminable at any time without cause. Having both in the same Act for the same officer is a direct self-contradiction. The CEO cannot simultaneously hold a fixed 5-year term and hold office at the Authority's pleasure.","confidence":0.95,"description":"Section 53 states the Chief Executive Officer 'holds office during the Authority's pleasure', yet section 49(2) states the CEO holds office for a fixed period not exceeding 5 years specified in the instrument of appointment. These two tenure provisions are irreconcilable."},{"type":"circular_definition","section":"s6(1)(f)","severity":"low","reasoning":"The self-referential nature of (f) is a low-grade circularity. In practice it is limited by the phrase 'relating to any of the matters referred to in this subsection', which anchors it to the substantive functions in (a)-(e). However, since (f) is itself a matter referred to in the subsection, a literal reading permits regulations to prescribe functions relating to the function of performing prescribed functions — a mild but genuine circularity.","confidence":0.6,"description":"Section 6(1)(f) empowers the Authority to 'perform any other prescribed functions relating to any of the matters referred to in this subsection'. Paragraph (f) is itself within 'this subsection', creating potential circularity — prescribed functions could theoretically relate to the power to perform prescribed functions, enabling indefinite expansion of functions by regulation."},{"type":"other","section":"s10(2)","severity":"low","reasoning":"Same structural issue as s27. The jump from (e) to (g) suggests amendment history but creates ambiguity in a provision listing specific powers.","confidence":0.55,"description":"Section 10(2) lists powers (a) through (e) and then (g), skipping (f). While this likely reflects a deleted paragraph, the unexplained gap in enumeration may cause uncertainty about whether a power was deliberately removed or inadvertently omitted."},{"type":"other","section":"s25","severity":"medium","reasoning":"The subsection numbering jumps from (2) to (5). While this is consistent with amendment history, it means the corporate plan provision has unexplained gaps that could affect interpretive coherence, particularly where subsections (5)-(7) reference 'the plan' which was elaborated in now-deleted provisions.","confidence":0.6,"description":"Section 25 refers to subsections (1), (2), (5), (6) and (7) but subsections (3) and (4) are absent from the text. If this reflects the actual statute, mandatory corporate plan content may have been deleted without coherent renumbering, leaving internal cross-references potentially unreliable."}],"contradictions":[{"severity":"high","section_a":"s49(2)","section_b":"s53","confidence":0.95,"description":"Section 49(2) provides that the CEO holds office for a fixed period not exceeding 5 years as specified in the instrument of appointment. Section 53 provides that the CEO holds office during the Authority's pleasure. These two provisions directly contradict each other as to the nature and security of the CEO's tenure."},{"severity":"medium","section_a":"s6(3)","section_b":"s6(1)(b)","confidence":0.75,"description":"Section 6(3) states that 'the functions to provide services may be performed at the discretion of the Authority' (subject to s8 directions). However, section 6(1)(b) imposes a mandatory function 'to provide a search and rescue service' with no discretion. Reading (3) as applying to all service-provision functions would render the mandatory search and rescue obligation discretionary, contradicting the mandatory language of (1)(b) and the compliance obligations in s6(5)."},{"severity":"low","section_a":"s8(1)","section_b":"s9A(2)","confidence":0.65,"description":"Section 8(1) gives the Minister power to issue binding written directions as to the performance of functions. Section 9A(2) requires the Authority to 'take account of' ministerial notices about strategic direction and manner of performing functions. The same subject matter — ministerial guidance on how the Authority performs functions — is governed by two different instruments with different legal weights (binding direction vs. non-binding notice to be 'taken into account'), creating ambiguity about which instrument should be used in which circumstance and whether 'taking account' of a notice can satisfy or override a formal direction."},{"severity":"medium","section_a":"s21(4)","section_b":"s21(3) and s21(3A)","confidence":0.7,"description":"Section 21(4) states 'this section does not apply to the Chief Executive Officer', yet the CEO is a member of the Authority under s13(1)(c) and the definition of 'member' in s3(1) includes all members. Sections 21(3) and 21(3A) allow the Minister to terminate 'all members or specified members' in response to Authority underperformance or non-compliance. If the CEO is a member but section 21 does not apply to the CEO, it is unclear whether the Minister can terminate the CEO under subsections (3) or (3A) as part of a wholesale termination, creating an ambiguity about the CEO's position in a collective termination scenario."},{"severity":"low","section_a":"s13(3)","section_b":"s13(2)","confidence":0.6,"description":"Section 13(3) states members other than the Chairperson and CEO are to be appointed as part-time members, which necessarily includes the Deputy Chairperson. Section 13(2) states the Chairperson may be full-time or part-time. Section 18(4) then requires that where the Chairperson is part-time, an acting Chairperson must also be appointed part-time. This creates a situation where, if the Chairperson is full-time, the Deputy Chairperson (who is mandatorily part-time under s13(3)) acts as Chairperson under s18(1) — but s18(4) only constrains the part-time Chairperson scenario. The result is that a mandatorily part-time Deputy Chairperson may act as a full-time Chairperson with no statutory constraint, potentially contradicting the part-time appointment conditions."},{"severity":"low","section_a":"s47(12)","section_b":"s47(1) and s46","confidence":0.6,"description":"Section 47(12) requires charges to be 'reasonably related to the expenses incurred or to be incurred by the Authority' and 'must not be such as to amount to taxation'. However, section 46 defines 'charge' to include fees in respect of matters referred to in various Acts (including licence grants and renewals) which may not be directly tied to expenses incurred by the Authority in that specific transaction. Regulatory licence fees that fund broader administrative functions may be difficult to justify as 'reasonably related' to expenses for each specific matter, creating a tension between the broad definition of charge and the cost-recovery constraint."},{"severity":"low","section_a":"s7","section_b":"s6(4)","confidence":0.5,"description":"Section 7 requires the Authority to perform all functions consistently with Australia's obligations under any international agreement. Section 6(4) requires the Authority not to perform functions except for a purpose within Commonwealth legislative power. In an edge case, an international agreement could require action that falls outside Commonwealth heads of power, or conversely, Parliament's power could extend to matters where an international agreement imposes conflicting obligations. While not a direct contradiction in normal operation, the two constraints could be irreconcilable in specific scenarios."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1990 Act was focused narrowly on establishing AMSA to promote maritime safety and environmental protection. Over time, the scope expanded materially to include: a formal national search and rescue service (including aviation search and rescue consistent with the Chicago Convention); commercial service provision to governments and agencies; cooperation with the Australian Transport Safety Bureau on transport accident investigations; oversight of domestic commercial vessels under national law harmonisation; and explicit information-sharing powers for maritime domain awareness and security purposes. The governance framework also grew considerably with layered ministerial oversight tools (strategic direction notices, information-sharing directions, corporate plan approval rights) that go well beyond a typical establishment act."},"complexity_factors":["Multiple interlocking pieces of legislation referenced throughout (Navigation Act 2012, Public Governance Performance and Accountability Act 2013, Competition and Consumer Act 2010, Transport Safety Investigation Act 2003, Protection of the Sea Acts, Shipping Registration Act 1981, Marine Safety (Domestic Commercial Vessel) National Law Act 2012, etc.)","Complex financial arrangements including asset transfers, capital calculations, loan structures, and government guarantees for borrowings","Layered ministerial oversight mechanisms (directions, strategic notices, information-sharing directives, corporate plan approval) with different legal effects and consequences","International treaty obligations from multiple conventions (Chicago Convention, Safety Convention, Hamburg Search and Rescue Convention) that shape how AMSA must operate","Dual governance structure — AMSA operates as a corporate entity under general Commonwealth governance law AND under specific requirements in this Act, creating potential for overlap and interaction","Charge-setting regime involves Competition and Consumer Act price oversight procedures with specific timeframes and approval steps","Transitional provisions dealing with transfer of assets, liabilities, staff, contracts and legal proceedings from the Department to the new Authority","Some section numbering gaps (e.g., no sections 19, 28, 29, 38, 43–45) suggesting significant amendment history that is not visible in this version, creating interpretive uncertainty","Content appears duplicated in the provided text, suggesting a formatting issue that adds to reading difficulty"],"plain_english_summary":"## What is this law about?\n\nThis Act creates the **Australian Maritime Safety Authority (AMSA)** — a government body responsible for keeping Australia's seas safe and clean. Think of AMSA as the national watchdog for everything that happens on and around Australia's waters.\n\n## Who does this affect?\n\n- **Shipping companies and vessel operators** — they must comply with AMSA's rules and pay fees/levies for services\n- **Recreational and commercial mariners** — AMSA runs search and rescue operations that could save your life\n- **The maritime industry broadly** — AMSA can charge fees for licences, permits, registrations and inspections\n- **Anyone near the coast** — AMSA works to prevent oil spills and other pollution from ships\n- **Domestic commercial vessel operators** (think ferries, charter boats, fishing vessels) — at least one board member must have relevant industry experience\n\n## What does AMSA actually do?\n\n1. **Maritime safety** — Sets and enforces safety standards for ships operating in Australian waters\n2. **Search and rescue** — Runs Australia's national maritime (and partly aviation) search and rescue service, coordinated with international obligations\n3. **Environmental protection** — Combats pollution from ships, including oil spills\n4. **Commercial services** — Can provide maritime services to industry and governments on a commercial (fee-paying) basis\n5. **Charges and fees** — Can charge fees for licences, certificates, permits and other regulatory services; unpaid fees attract penalty interest (up to 1.5% per month, compounded)\n\n## How is AMSA structured?\n\nAMSA is a **corporate Commonwealth entity** (a government body that operates somewhat like a company). It has:\n- A board of up to 9 members including a Chairperson, Deputy Chairperson, CEO, and independent members\n- A CEO who manages day-to-day operations\n- Its own staff and ability to hire consultants\n- Power to borrow money, enter contracts, own property, and even form subsidiary companies\n- A **tax exemption** (except for customs duties and sales tax)\n\n## Who oversees AMSA?\n\nThe **Minister** holds significant control:\n- Can give AMSA written directions on how to perform its functions\n- Can approve or reject AMSA's corporate plan (its strategic business plan)\n- Can direct AMSA to share documents and information with ministerial advisers\n- Can terminate board members for poor performance, misconduct, or bankruptcy\n- If AMSA suffers financially by following a ministerial direction, the Commonwealth must reimburse it\n\n## Why does this matter to you?\n\nIf you operate a vessel in Australian waters, you will likely need licences, registrations, or certificates that AMSA administers — and you'll pay fees for them. If you're ever in distress at sea, AMSA coordinates your rescue. If a ship spills oil near a beach you love, AMSA is the agency responsible for responding. The Act also ensures transparency — AMSA must report publicly on any ministerial directions it receives."}},"importantCases":[],"_links":{"self":"/api/acts/australian-maritime-safety-authority-act-1990","history":"/api/acts/australian-maritime-safety-authority-act-1990/history","analysis":"/api/acts/australian-maritime-safety-authority-act-1990/analysis","conflicts":"/api/acts/australian-maritime-safety-authority-act-1990/conflicts","importantCases":"/api/acts/australian-maritime-safety-authority-act-1990/important-cases","documents":"/api/acts/australian-maritime-safety-authority-act-1990/documents"}}