{"id":"C2012A00056","name":"Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012","slug":"coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"56 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8372,"registerId":"commonwealth-C2012A00056-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCoastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012\n\n \n\nNo. 56, 2012\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Consequential amendments\n\nAustralian Maritime Safety Authority Act 1990\n\nNavigation Act 1912\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\nSeafarers Rehabilitation and Compensation Act 1992\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Continuation of existing permits, licences and declarations etc.\n\nDivision 1—Continuation of existing permits, licences and declarations\n\nDivision 2—Applications for permits, licences and declarations\n\nDivision 3—Cancellation of permits and licences\n\nPart 3—Transitional general licences\n\nPart 4—Review of decisions\n\nPart 5—Miscellaneous\n\n \n\n![](image.001.png)\n\n \n\n \n\nCoastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012\n\nNo. 56, 2012\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012, and for related purposes\n\n[Assented to 21 June 2012]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 21 June 2012\n- 2. Schedules 1 and 2 Immediately after the commencement of section 2 of the Coastal Trading (Revitalising Australian Shipping) Act 2012. 1 July 2012\n\n\nNote:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\nSchedule 1—Consequential amendments\n\n \n\nAustralian Maritime Safety Authority Act 1990\n\n1  At the end of subsection 11(2)\n\nAdd:\n\n ; (e) the administration or enforcement of a law of the Commonwealth that relates to coastal trading.\n\nNavigation Act 1912\n\n2  Section 7\n\nRepeal the section.\n\n3  Paragraph 10(b)\n\nRepeal the paragraph, substitute:\n\n (b) a ship that is used to engage in coastal trading (within the meaning of the Coastal Trading (Revitalising Australian Shipping) Act 2012) under a general licence (within the meaning of that Act); or\n\n4  Paragraph 10(c)\n\nOmit “registered in Australia or engaged in the coasting trade”, substitute “to which paragraph (a) or (b) applies”.\n\n5  Part VI\n\nRepeal the Part.\n\n6  Section 377JA\n\nRepeal the section.\n\nOccupational Health and Safety (Maritime Industry) Act 1993\n\n7  Section 4\n\nInsert:\n\nAustralian General Shipping Register has the same meaning as in the Shipping Registration Act 1981.\n\n8  Section 4\n\nInsert:\n\nAustralian International Shipping Register has the same meaning as in the Shipping Registration Act 1981.\n\n9  Section 4\n\nInsert:\n\ncoastal trading has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n10  Section 4\n\nInsert:\n\nemergency licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n11  Section 4\n\nInsert:\n\ngeneral licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n12  Section 4\n\nInsert:\n\ntemporary licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n13  After subsection 6(3)\n\nInsert:\n\n (3A) This Act also applies to:\n\n (a) a vessel that is used to engage in coastal trading under a general licence; and\n\n (b) a vessel that is used to engage in coastal trading under a temporary licence if the vessel is registered in the Australian International Shipping Register; and\n\n (c) a vessel that is used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register or the Australian International Shipping Register.\n\n14  Subsection 6(4)\n\nAfter “subsection (3)” (wherever occurring), insert “or (3A)”.\n\nSeafarers Rehabilitation and Compensation Act 1992\n\n15  Section 3\n\nInsert:\n\nAustralian General Shipping Register has the same meaning as in the Shipping Registration Act 1981.\n\n16  Section 3\n\nInsert:\n\nAustralian International Shipping Register has the same meaning as in the Shipping Registration Act 1981.\n\n17  Section 3\n\nInsert:\n\ncoastal trading has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n18  Section 3\n\nInsert:\n\nemergency licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n19  Section 3\n\nInsert:\n\ngeneral licence has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\n19A  At the end of subsection 19(1)\n\nAdd:\n\nNote: This Act does not apply if a prescribed ship is a ship registered in the Australian International Shipping Register, see paragraph 61AA(b) of the Shipping Registration Act 1981.\n\n20  After subsection 19(1)\n\nInsert:\n\n (1AA) This Act also applies to the employment of employees on:\n\n (a) a vessel that is used to engage in coastal trading under a general licence; or\n\n (b) a vessel that is used to engage in coastal trading under an emergency licence if the vessel is registered in the Australian General Shipping Register.\n\n21  Subsection 19(1A)\n\nOmit “In addition, this Act applies”, substitute “This Act also applies”.\n\n\n\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\n1  Interpretation\n\n(1) In this Schedule:\n\nAuthority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\ncoasting trade regulations means the Navigation (Coasting Trade) Regulations 2007, as in force immediately before commencement.\n\ncommencement means the day this item commences.\n\nnew law means the Coastal Trading (Revitalising Australian Shipping) Act 2012.\n\nold law means Part VI of the Navigation Act 1912, as in force immediately before commencement.\n\npermit holder has the same meaning as in the old law.\n\n(2) An expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.\n\n\n\n\nPart 2—Continuation of existing permits, licences and declarations etc.\n\nDivision 1—Continuation of existing permits, licences and declarations\n\n2  Permits to continue in force\n\n(1) If, immediately before commencement, a permit issued under section 286 of the old law in respect of an unlicensed ship was in force, the permit remains in force for the period:\n\n (a) beginning on commencement; and\n\n (b) ending on:\n\n (i) the day that is 4 months after the new law commences; or\n\n (ii) the day the permit would have expired under the old law but for its repeal by Schedule 1 to this Act; or\n\n (iii) if the Minister decides to cancel the permit—the day the permit is cancelled under the old law despite its repeal by Schedule 1 to this Act;\n\n  whichever occurs first.\n\n(2) To avoid doubt:\n\n (a) section 7 of the Navigation Act 1912 and the old law continue to apply in respect of a permit continued in force by subitem (1), despite their repeal by Schedule 1 to this Act; and\n\n (b) section 10 of the Navigation Act 1912 continues to apply in respect of a permit continued in force by subitem (1), despite its amendment by Schedule 1 to this Act.\n\n3  Licences to continue in force\n\n(1) If, immediately before commencement, a licence granted under the coasting trade regulations was in force, the licence remains in force for the period:\n\n (a) beginning on commencement; and\n\n (b) ending on:\n\n (i) the day that is 4 months after the new law commences; or\n\n (ii) if the Minister decides to cancel the licence—the day the licence is cancelled under the old law despite its repeal by Schedule 1 to this Act;\n\n  whichever occurs first.\n\n(2) To avoid doubt:\n\n (a) section 7 of the Navigation Act 1912 and the old law continue to apply in respect of a licence continued in force by subitem (1), despite their repeal by Schedule 1 to this Act; and\n\n (b) section 10 of the Navigation Act 1912 continues to apply in respect of a licence continued in force by subitem (1), despite its amendment by Schedule 1 to this Act; and\n\n (c) the coasting trade regulations continue to apply in respect of a licence continued in force by subitem (1), despite the repeal of the old law by Schedule 1 to this Act.\n\n(3) Despite subitem (2), sections 31, 32 and 77 of the new law apply in relation to a licence continued in force by subitem (1) as if it were a general licence.\n\n4  Declarations to continue in force\n\n(1) If, immediately before commencement, a declaration made under subsection 8AA(2) of the Navigation Act 1912 in respect of a trading ship was in force, then, to the extent that the declaration relates to the ship engaging in the coasting trade, it remains in force for the period:\n\n (a) beginning on commencement; and\n\n (b) ending on the day that is 4 months after the new law commences.\n\n(2) To avoid doubt:\n\n (a) section 7 of the Navigation Act 1912 and the old law continue to apply in respect of a declaration continued in force by subitem (1), despite their repeal by Schedule 1 to this Act; and\n\n (b) section 8AA of the Navigation Act 1912 continues to apply in respect of a declaration continued in force by subitem (1); and\n\n (c) section 10 of the Navigation Act 1912 continues to apply in respect of a declaration continued in force by subitem (1), despite its amendment by Schedule 1 to this Act.\n\nDivision 2—Applications for permits, licences and declarations\n\n5  Pending applications—permits\n\nIf:\n\n (a) a person has made one or more of the following applications:\n\n (i) an application for a permit under section 286 of the old law;\n\n (ii) after an application has been made for a permit under section 286 of the old law but before the grant of the permit—an application for an amendment to his or her application for the permit;\n\n (iii) an application for an amendment of a permit granted under section 286 of the old law; and\n\n (b) the Minister has not decided the application before commencement;\n\nthen:\n\n (c) the Minister must decide the application in accordance with section 286 of the old law within 10 business days after commencement; and\n\n (d) if the Minister decides to grant the application—the Minister must:\n\n (i) grant the person a permit under section 286 of the old law, despite its repeal by Schedule 1 to this Act, for a period of 3 months or less; and\n\n (ii) cause the person to be given the permit; and\n\n (iii) if the permit is to be subject to conditions—notify the person, in writing, of the conditions to which the permit is subject; and\n\n (e) if the Minister decides to reject the application—the Minister must notify the person, in writing, of the decision and the reasons for the decision.\n\n6  Pending applications—licences\n\nIf:\n\n (a) a person has applied to the Minister for a licence, or renewal of a licence, under the coasting trade regulations; and\n\n (b) the Minister has not decided the application before commencement;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the coasting trade regulations within 10 business days after commencement; and\n\n (d) if the Minister decides to grant the application—the Minister must:\n\n (i) grant the person a licence, or a renewal of a licence, under the coasting trade regulations for a period of 3 months or less; and\n\n (ii) cause the person to be given a licence; and\n\n (iii) if the licence is to be subject to conditions—notify the person, in writing, of the conditions to which the licence is subject; and\n\n (e) if the Minister decides to reject the application—the Minister must notify the person, in writing, of the decision and the reasons for the decision.\n\n7  Pending applications for declarations\n\nIf:\n\n (a) a person has applied to the Authority for a declaration under subsection 8AA(2) of the Navigation Act 1912 in relation to a ship that is, or will be, engaging in the coasting trade; and\n\n (b) the Authority has not decided the application before commencement;\n\nthen, to the extent that the application relates to the coasting trade:\n\n (c) the Minister must decide the application in accordance with section 12 of the new law within 10 business days after commencement; and\n\n (d) if the Minister decides to grant the application—the Minister must make a declaration under section 12 of the new law; and\n\n (e) if the Minister decides to reject the application—the Minister must notify the person of the decision and the reasons for the decision.\n\nDivision 3—Cancellation of permits and licences\n\n8  Pending cancellation of permit—show cause notice given\n\n(1) If:\n\n (a) before commencement, the Minister had given a permit holder a notice inviting the holder to show cause why the permit should not be cancelled; and\n\n (b) at commencement:\n\n (i) the permit holder had not shown cause why the permit should not be cancelled; and\n\n (ii) the 7 day period for responding to the notice had not expired;\n\nthen, the permit holder may respond to the notice within the 7 day period in accordance with the old law, despite its repeal by Schedule 1 to this Act.\n\n(2) At the end of the 7 day period mentioned in subitem (1), the Minister must decide, in accordance with the old law, whether the continuing permit is to remain in force.\n\n9  Pending cancellation of licence—show cause notice given\n\n(1) If:\n\n (a) before commencement, the Minister had given a licence holder a notice inviting the holder to show cause why the licence should not be cancelled; and\n\n (b) at commencement:\n\n (i) the licence holder had not shown cause why the licence should not be cancelled; and\n\n (ii) the period for responding to the notice had not expired;\n\nthen, the licence holder may respond to the notice within the period stated in the notice in accordance with the old law, despite its repeal by Schedule 1 to this Act.\n\n(2) At the end of the period stated in the notice, the Minister must decide, in accordance with the old law, whether the licence is to remain in force.\n\n\n\n\nPart 3—Transitional general licences\n\n10  Applications for transitional general licences\n\n(1) A person may apply to the Minister for a transitional general licence authorising a vessel to be used to engage in coastal trading if:\n\n (a) a licence granted under the coasting trade regulations in respect of the vessel is continued in force by item 3; and\n\n (b) the vessel is registered under the law of a foreign country; and\n\n (c) the person is the owner, charterer, master or agent of the vessel.\n\n(2) The application must be in writing and be accompanied by the following:\n\n (a) evidence that the vessel is registered under the law of a foreign country;\n\n (b) a statement that each seafarer working on the vessel, when the vessel is used to engage in coastal trading:\n\n (i) is or will be an Australian citizen; or\n\n (ii) is or will hold a permanent visa; or\n\n (iii) is or will hold a temporary visa that does not prohibit the seafarer from performing the work he or she performs on the vessel;\n\n (c) such information as is prescribed by the regulations;\n\n (d) the application fee prescribed by the regulations.\n\n(3) The application must relate to one vessel only.\n\n11  Process for deciding applications\n\nDivision 1 of Part 4 of the new law (other than section 13) applies in relation to an application under item 10:\n\n (a) as if a reference to a general licence were a reference to a transitional general licence; and\n\n (b) subject to the modifications set out in item 12.\n\n12  Criteria for deciding applications\n\n(1) In deciding an application made under item 10, section 15 of the new law applies as if subsection 15(2) were not there.\n\n(2) Instead, in deciding such an application, the Minister may have regard to the following:\n\n (a) whether the owner of the vessel intends to register it under the Shipping Registration Act 1981 but is unable to do so immediately because of commercial obligations or requirements under a foreign law;\n\n (b) whether the applicant held a licence or permit under the old law that was cancelled;\n\n (c) any other matters the Minister thinks relevant.\n\n13  Conditions imposed on all transitional general licences\n\n(1) Section 21 of the new law applies to a transitional general licence as if paragraph (a) were not there.\n\n(2) Instead, it is a condition that the vessel to which the transitional general licence relates must continue to be registered under the law of the relevant foreign country.\n\n14  Renewal of transitional general licence\n\n(1) The Minister may renew a transitional general licence if the holder of the licence makes an application for renewal before the licence expires.\n\n(2) If an application for renewal of a transitional general licence is made, the licence is taken to continue to be in force until the application is decided.\n\n(3) A transitional general licence may only be renewed once.\n\n15  Applications for renewal of transitional general licences\n\n(1) Despite section 13 of the new law, an application for the renewal of a transitional general licence authorising a vessel to be used to engage in coastal trading must be in writing and be accompanied by the following:\n\n (a) evidence that the vessel is registered under the law of a foreign country;\n\n (b) a statement that each seafarer working on the vessel, when the vessel is used to engage in coastal trading:\n\n (i) is or will be an Australian citizen; or\n\n (ii) is or will hold a permanent visa; or\n\n (iii) is or will hold a temporary visa that does not prohibit the seafarer from performing the work he or she performs on the vessel;\n\n (c) a statement explaining what is preventing the vessel being registered under the Shipping Registration Act 1981, with reference to the following matters:\n\n (i) financial, business or legal constraints;\n\n (ii) what action is being, or will be, taken to register the vessel under the Shipping Registration Act 1981;\n\n (d) such information as is prescribed by the regulations;\n\n (e) the application fee prescribed by the regulations.\n\n(2) The application must relate to one vessel only.\n\n16  Application of the new law and other laws of the Commonwealth\n\nSubject to items 13, 14 and 15:\n\n (a) the new law (other than Division 3 of Part 4); and\n\n (b) any other law of the Commonwealth;\n\napply in relation to a transitional general licence as if it were a general licence.\n\n\n\n\nPart 4—Review of decisions\n\n17  Rights of review\n\nDespite the repeal of section 377JA of the Navigation Act 1912 by Schedule 1 to this Act, applications may be made to the Administrative Appeals Tribunal under that section for review of:\n\n (a) a decision by the Minister made before commencement to cancel a continuing permit granted under section 286 of the old law if, at commencement, the period for making an application for review has not ended; or\n\n (b) a decision made by the Minister, in accordance with the old law, to cancel a continuing permit granted under section 286 of the old law.\n\n\n\n\nPart 5—Miscellaneous\n\n18  Saving of orders\n\nDespite the repeal of section 7 of the Navigation Act 1912, an order made under that section and in force immediately before commencement continues in force on and after commencement as if it were an exemption under subsection 11(1) of the new law.\n\n19  Saving of permissions\n\nDespite the repeal of the old law by Schedule 1 to this Act, a permission granted under subsection 286(6) of the old law and in force immediately before commencement, continues in force on and after commencement for the remainder of the period set out in the notice mentioned in subsection 286(6) of the old law as if:\n\n (a) the permission were a direction made under subsection 11(1) of the new law; and\n\n (b) any conditions to which the permission was subject were conditions specified in the direction.\n\n20  Saving of exemptions\n\nAn exemption made under subsection 421(1) of the Navigation Act 1912 relating to the coasting trade and in force immediately before commencement continues in force on and after commencement as if it were an exemption in force under subsection 11(1) of the new law.\n\n21  Transitional regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including any saving or application provisions) relating to the amendments or repeals made by Schedule 1 to this Act.\n\n(3) Subitem (2) does not limit subitem (1).\n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 22 March 2012\n\nSenate on 18 June 2012]\n\n(47/12)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act confines itself to consequential amendments and transitional arrangements necessary to implement the Coastal Trading (Revitalising Australian Shipping) Act 2012. It preserves existing permits/licences for limited periods, prescribes how pending applications and cancellations are to be handled, creates a temporary transitional general licence pathway for certain foreign‑registered vessels, and carries prior permissions/exemptions forward under the new regime (Schedule 2, items 2–20). Those provisions are within the Act’s stated function of dealing with consequential and transitional matters and do not, on their face, broaden the ongoing scope of the coastal trading regime beyond transitional authorisations and statutory alignments with other maritime laws."},"complexity_factors":["Multiple cross‑amendments to several statutes (Navigation Act 1912, AMSA Act 1990, Occupational Health and Safety (Maritime Industry) Act 1993, Seafarers Rehabilitation and Compensation Act 1992) (Schedule 1 items 1–21).","Extensive transitional regime with time‑limited continuations and short administrative deadlines (Schedule 2, items 2–7: 4‑month continuations; items 5–7: 10 business‑day decision requirement).","Introduction of transitional general licences with bespoke application and renewal requirements and a single‑renewal cap (items 10–16).","Significant cross‑references to the new law and to the Shipping Registration Act 1981, requiring coordination across statutes (Schedule 2 item 1(2); item 12(2)(a)).","Multiple saving, preservation and conversion provisions that recharacterise prior permissions/exemptions under the new law (items 18–20).","Broad Ministerial discretion in decision criteria (item 12(2)(c)) combined with procedural obligations, creating potential variability in outcomes.","Prescriptive documentary and evidence obligations for applicants (items 10(2), 15(1)) and fee provisions to be set by regulation, adding delegated‑law complexity (item 10(2)(d); item 15(1)(e))."],"plain_english_summary":"What this Act does (mechanically)\n\n- This Act makes the follow-on changes needed after the Coastal Trading (Revitalising Australian Shipping) Act 2012 came into force. It amends other Commonwealth laws (see Schedule 1) and sets out time-limited transitional rules (Schedule 2) so existing permits, licences and permissions keep operating for a short period while the new coastal trading regime is implemented.\n\nWho it affects\n\n- Vessel owners, charterers, masters and agents who held or were applying for coasting-trade permits or licences under the old Navigation Act regime (see Schedule 2, items 2–7).  \n- Operators of foreign-registered ships that were licensed under the old coasting trade regulations and want to continue trading in Australian coastal trade under a transitional general licence (items 10–16).  \n- People who employ seafarers on vessels affected by the change (Schedule 1 amendments to the Occupational Health and Safety (Maritime Industry) Act 1993 and Seafarers Rehabilitation and Compensation Act 1992, items 7–21).  \n- The Minister (and the Australian Maritime Safety Authority for certain functions): they decide outstanding applications and cancellations and administer transitional licences (Schedule 2, items 5–9, 11).\n\nKey operational effects and how it works\n\n- Continuation of existing permits and licences for a short period: permits issued under section 286 of the pre-existing Navigation Act, licences under the coasting trade regulations, and certain declarations continue in force after commencement but only for limited times (commonly up to 4 months) or until they expire or are cancelled (items 2–4).  \n- Short deadlines for deciding pending applications: where an application for a permit or licence was pending at commencement, the Minister must decide it within 10 business days and, if granted, issue a short-term permit/licence (items 5–7).  \n- Transitional general licences for foreign-registered vessels: owners/charterers/masters/agents of foreign-registered vessels that had licences under the old coasting trade rules may apply for a transitional general licence (item 10). Each application must be for one vessel and include prescribed evidence, statements about the nationality/visa status of seafarers, and the application fee (item 10(2)(a)–(d); item 15(1)).  \n- Decision criteria and Ministerial discretion: the process for deciding transitional general licence applications uses much of the new law’s decision process (item 11) but the Minister may disregard one statutory limb of the new law’s criteria and instead may consider (among other things) whether the owner intends to re-register the vessel under the Shipping Registration Act 1981 but cannot immediately do so for commercial or foreign-law reasons, whether the applicant previously had a cancelled licence or permit, and any other matters the Minister thinks relevant (item 12). This is an explicit discretionary gate (item 12(2)).  \n- Conditions and renewal limits: transitional general licences must keep the vessel registered under the foreign law (item 13(2)), and a transitional general licence may be renewed only once (item 14(3)). Renewal applications must provide further evidence and explanations about why registration under the Australian register is not yet possible (item 15).  \n- Administrative savings and continuity: prior orders, permissions and exemptions that existed immediately before commencement are preserved and treated as if they were exemptions or directions under the new law (items 18–20), so previously granted permissions keep effect in the new regime for their remaining periods.  \n- Cross‑Act definition and application changes: this Act inserts new or cross-referenced definitions (for example, “coastal trading”, “general licence”, “temporary licence”, “emergency licence”, and references to Australian General/International Shipping Registers) into other maritime statutes so those statutes apply to vessels operating under the licence types created or recognised by the new law (Schedule 1, items 7–21).  \n\nWho pays and administrative burdens\n\n- Applicants pay the application fee prescribed by the regulations for transitional general licences and renewal applications (item 10(2)(d); item 15(1)(e)).  \n- Applicants must supply documentary evidence (foreign registration, visa/citizenship statements for seafarers, prescribed information) and, on renewal, a statement explaining why immediate Australian registration is not possible (items 10(2), 15(1)(a)–(c)). These are concrete compliance tasks and recordkeeping burdens.  \n\nDecision‑making power and discretion\n\n- The Minister has express decision‑making duties and discretions: to decide pending applications within 10 business days (items 5–7), to consider show‑cause responses and decide on cancellations under the old law for continuing permits/licences (items 8–9), and to accept or refuse transitional general licence and renewal applications under the modified criteria (items 11–12, 14–15).  \n- The Authority (the Australian Maritime Safety Authority) keeps a role for certain functions and is referenced in definitions and procedural cross‑references (Schedule 2, item 1(1); Schedule 1, item 1).  \n\nCosts, incentives, trade‑offs and implementation risks (source‑grounded)\n\n- Incentives to re‑register in Australia: the Act creates a temporary pathway for foreign-registered vessels (transitional general licences) but the statutory criteria (item 12(2)(a) and the renewal requirement in item 15(1)(c)) explicitly frame those licences as time‑limited while owners arrange Australian registration. That gives vessel owners an incentive to move to Australian registration (Shipping Registration Act 1981) or to document why they cannot.  \n- Concentrated beneficiaries vs diffuse administrative costs: owners of foreign‑registered vessels that previously held coasting trade licences are the principal, concentrated beneficiaries of transitional general licences (items 10–16). Administrative costs and monitoring (checking crew visa/status statements, verifying foreign registration, processing fast 10‑business‑day decisions) fall on the Department/Minister and on applicants through documentary requirements and fees (items 10(2), 15(1)).  \n- Discretion and legal uncertainty: item 12(2)(c) allows the Minister to consider “any other matters the Minister thinks relevant,” which is a broad discretionary clause. That mechanism gives the decisionmaker latitude (item 12) and therefore creates an implementation risk of variable decision outcomes unless regulations or published guidelines constrain that discretion.  \n- Time‑limited continuity reduces sudden disruption but narrows adjustment time: continuing permits/licences and declarations are preserved only for limited periods (commonly up to 4 months — items 2(1)(b)(i), 3(1)(b)(i), 4(1)(b)), and pending applications must be decided quickly (items 5–7). This reduces immediate legal gaps but forces rapid compliance and administrative action.  \n\nWhat changes legally (concise list of concrete legal effects)\n\n- Repeals and replacements: parts of the Navigation Act 1912 (including Part VI and certain sections) are repealed or replaced for the purposes of the new coastal trading regime (Schedule 1, items 2–6).  \n- Cross‑Act amendments adding new definitions and extending coverage of maritime workplace and rehabilitation laws to vessels operating under new licence types (Schedule 1, items 7–21).  \n- Transitional continuations, application procedures, renewals, decision deadlines and saving provisions that maintain legal continuity for a short period while the new Coastal Trading Act’s framework is imposed (Schedule 2, items 2–21)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This legislation maintains its original scope as a consequential and transitional instrument. It does not expand beyond its stated purpose of dealing with matters arising from the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012. The transitional general licence mechanism, while creating new regulatory categories, is strictly limited to bridging the gap between the old and new systems rather than establishing permanent new powers."},"complexity_factors":["Extensive cross-referencing between multiple Acts (Navigation Act 1912, Coastal Trading Act 2012, Shipping Registration Act 1981, and others)","Dual-application provisions where old law continues to apply despite being repealed (items 2, 3, 4, 8, 9)","Nested conditional logic for permit/licence continuation periods with three alternative end dates (whichever occurs first)","Modification provisions that apply parts of the new law 'as if' with specific omissions or substitutions (items 11, 12, 13)","Transitional general licence scheme with unique conditions and single-renewal limitation creating a parallel regulatory track","Multiple defined terms imported by reference from other legislation rather than defined within this Act","Time-bound procedural requirements (10 business day decision deadlines, 4-month continuation periods, 3-month maximum grants)"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a \"clean-up\" law that makes necessary changes to other legislation and sets up temporary rules to ensure a smooth switch-over when Australia introduced new coastal shipping laws in 2012.\n\n**The two main jobs:**\n\n**1. Consequential amendments (Schedule 1)** — Updates four existing laws so they work properly with the new Coastal Trading (Revitalising Australian Shipping) Act 2012:\n- **Australian Maritime Safety Authority Act 1990**: Adds coastal trading to the Authority's job list\n- **Navigation Act 1912**: Repeals (removes) the old Part VI that previously governed coastal trading, and updates definitions so Australian-registered ships and ships with new \"general licences\" are treated as Australian ships\n- **Occupational Health and Safety (Maritime Industry) Act 1993**: Extends workplace safety laws to cover ships operating under the new licence types (general, temporary, and emergency licences)\n- **Seafarers Rehabilitation and Compensation Act 1992**: Extends workers' compensation coverage to seafarers on ships operating under general and emergency licences\n\n**2. Transitional provisions (Schedule 2)** — Creates a \"bridge\" between the old system and the new one:\n- **Existing permits and licences** issued under the old law continue temporarily (for up to 4 months or until they expire/cancel)\n- **Pending applications** for permits and licences must be decided quickly (within 10 business days) under the old rules, but any new permits/licences only last 3 months maximum\n- **Transitional general licences**: A special new category allowing foreign-registered ships to continue operating temporarily if they meet certain conditions (Australian crew, intention to register in Australia eventually)\n- **Review rights**: Preserves the right to appeal certain decisions to the Administrative Appeals Tribunal even after the old law is repealed\n- **Savings provisions**: Ensures existing orders, permissions, and exemptions don't suddenly become invalid\n\n**Who it affects**\n- Shipping companies operating in Australian coastal waters\n- Foreign ship owners wanting to trade between Australian ports\n- Australian seafarers (ensuring they keep workplace protections)\n- The Australian Maritime Safety Authority (AMSA)\n\n**Why it matters**\nWithout this Act, changing the coastal shipping laws would have created chaos—existing permits would have vanished overnight, pending applications would have been lost, and other laws would have had gaps where they no longer applied to the right ships. This ensures continuity while the new system beds in."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision","history":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision/history","analysis":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision/analysis","conflicts":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision/conflicts","importantCases":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision/important-cases","documents":"/api/acts/coastal-trading-revitalising-australian-shipping-consequential-amendments-and-transitional-provision/documents"}}