{"id":"F2022L00288","name":"Coastal Trading (Revitalising Australian Shipping) Act 2012 Direction under s 11 No 2/2022","slug":"coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102310,"registerId":"commonwealth-F2022L00288-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coastal Trading (Revitalising Australian Shipping) Act 2012 Direction under s 11 No 2/2022","content":"![http://communications/Logos/AustGovt_inline%20logo.jpg](image.001.jpeg)\n\nCoastal Trading (Revitalising Australian Shipping) Act 2012\n\nDirection under s 11\n\nNo 2/2022\n\nI, BARNABY THOMAS JOYCE, Minister for Infrastructure and Transport, being satisfied that the exemption in this Direction will not jeopardise the safety of any vessel or persons on board any vessel, make this Direction under section 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n    Direction\n\nThe Coastal Trading (Revitalising Australian Shipping) Act 2012 does not apply to vessels which are:\n\n(1) capable of carrying containers or roll-on roll-off cargo; and\n\n(2) undertaking a voyage to a port in Western Australia that commenced on or before 31 May 2022; and\n\n(3) carrying cargo that is necessary to meet the ordinary requirements of the Western Australian community or business and is cargo:\n\n(a) that would be carried by rail if sections of the Trans-Australian Railway were not closed or subject to temporary capacity limits; or\n\n(b) the carriage of which to Western Australia was delayed as a result of the closure of, or temporary capacity limits on, the Trans-Australian Railway and is carried to clear the backlog of goods resulting from the closure or limits.\n\n    2. Conditions to which exemption is subject\n\n(1) A person who is the owner or operator of a vessel to which this exemption applies must give to the Department a report containing the following information in respect of each voyage operated in reliance on this exemption:\n\n(a) the name of the vessel used;\n\n(b) the actual loading date for the voyage;\n\n(c) the kinds and volume of cargo carried;\n\n(d) the dates the cargo was carried;\n\n(e) the ports at which the cargo was taken on board;\n\n(f) the ports at which the cargo was unloaded.\n\n(2) The report must be given to the Department no later than 10 business days after the end of each voyage operated in reliance on this exemption.\n\n    3. Commencement\n    (1) This Direction commences on 09 March 2022.\n\n    4. Application of earlier s 11 Direction\n\nOn and from the commencement of this Direction, the Direction under s 11 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 made on 30 January 2022 (the earlier Direction) applies only in relation to vessels that commenced a voyage to Western Australia to which the earlier Direction applies before the commencement of this Direction.\n\nBARNABY THOMAS JOYCE\n\nDeputy Prime Minister and Minister for Infrastructure and Transport\n\nDate: 07 March 2022","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Direction replaces and narrows the practical application of the earlier s11 Direction by setting new eligibility criteria and a specific cutoff for voyages (commenced on or before 31 May 2022) and by requiring reporting (cl.1(1)–(3); cl.2). The earlier Direction now applies only to voyages that began before this Direction’s commencement (cl.4), so forward‑looking exemptions are limited to the new, more specific conditions."},"complexity_factors":["Narrow, time‑limited scope tied to voyages that commenced on or before 31 May 2022 (Direction cl.1(2))","Eligibility depends on vessel capability and specific cargo connection to Trans‑Australian Railway disruption (Direction cl.1(1) and cl.1(3))","Mandatory post‑voyage reporting by owners/operators with detailed fields and a 10 business day deadline (Direction cl.2(1)–(2))","Ministerial prerequisite that the exemption not jeopardise safety (instrument preamble) creates an administrative judgment","Interaction with an earlier s11 Direction — the earlier Direction’s application is limited by this Direction’s commencement (Direction cl.4)","Dependence on Department receipt and use of reports for compliance monitoring — creates an administrative compliance burden","Statutory cross‑reference to the Coastal Trading (Revitalising Australian Shipping) Act 2012 and s11 directions requires alignment with existing regulatory framework"],"plain_english_summary":"This Direction temporarily exempts certain container- or roll‑on/roll‑off‑capable vessels from the Coastal Trading Act when they undertake voyages to Western Australia that began on or before 31 May 2022 and carry cargo tied to closure or capacity limits on the Trans‑Australian Railway. The exemption requires owners/operators to report voyage and cargo details to the Department within 10 business days and is made by the Minister on a safety satisfaction."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Direction operates exactly within the intended scope of section 11 of the Coastal Trading Act, which specifically allows the Minister to grant temporary exemptions when satisfied that safety won't be jeopardised. The temporary, emergency nature of this exemption aligns with the original legislative intent to provide flexibility during disruptions, and it includes appropriate safeguards (reporting requirements, time limits) consistent with the Act's framework."},"complexity_factors":["Very short document (approximately 400 words)","Only 4 operative sections with clear numbering","No defined terms section - uses plain language like 'roll-on roll-off cargo' and 'business days'","Simple conditional structure: three cumulative criteria (and/and/and) for exemption eligibility","Single cross-reference (to the earlier January 2022 Direction in section 4)","Straightforward reporting requirements with explicit list of 6 data points","Clear temporal limitation (commencement date and voyage deadline of 31 May 2022)"],"plain_english_summary":"This Direction temporarily allows certain foreign or non‑licensed container and roll‑on/roll‑off ships to carry cargo to Western Australia without permits under the Coastal Trading Act, to substitute for or clear backlogs from Trans‑Australian Railway closures. It affects ship operators (voyages started by 31 May 2022), Western Australian businesses relying on supplies, and the Department, which must receive detailed voyage reports—balancing emergency supply needs against usual coastal‑trading protections."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022","history":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022/history","analysis":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022/analysis","conflicts":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022/conflicts","importantCases":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022/important-cases","documents":"/api/acts/coastal-trading-revitalising-australian-shipping-act-2012-direction-under-s-11-no-2-2022/documents"}}