{"id":"C2007A00150","name":"Maritime Legislation Amendment Act 2007","slug":"maritime-legislation-amendment-act-2007","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"150 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40257,"registerId":"commonwealth-C2007A00150-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Maritime Legislation Amendment Act 2007.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

24 September 2007

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence on or before 1 January 2009, they do not commence at all.

1 January 2008

(see F2007L04141)

3. Schedule 2

The day on which this Act receives the Royal Assent.

24 September 2007

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Integration of the Australian Maritime College with the University of Tasmania\n\nPart 1—Preliminary\n\n1 Definitions\n\nIn this Schedule:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nAMC institute means the institute, named the Australian Maritime College, referred to in item 1.1 of the table in subitem 16(2).\n\nAMC institute funding, for a post‑integration year, has the meaning given by item 15.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nTo avoid doubt, the assets of the College immediately before the integration time include any fees that are payable to the College at that time, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\nBoard means the Board of the AMC institute referred to in paragraph (d) of item 1.1 of the table in subitem 16(2).\n\nCollege has the same meaning as in the old law.\n\nEducation Minister means the Minister administering the Higher Education Support Act 2003.\n\nfinancial assets has the same meaning as in the accounting standards (made under section 334 of the Corporations Act 2001) as in force immediately before the integration time.\n\nHeads of Agreement means the Heads of Agreement in respect of the integration of the Australian Maritime College and the University of Tasmania, entered into by the University and the College in October 2006.\n\ninitial post‑integration period means the period of 3 months beginning at the integration time.\n\ninstrument:\n\n (a) includes:\n (i) a contract, deed, undertaking or agreement; and\n (ii) a notice, authority, order or instruction; and\n (iii) an instrument made under an Act or regulations; and\n (iv) regulations; but\n (b) does not include:\n (i) the Heads of Agreement; or\n (ii) a Statute (within the meaning of the old law); or\n (iii) an Act.\n\nintegration time means the time when this Schedule commences.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nmembers has the same meaning as in the old law.\n\nold law means the Maritime College Act 1978 as in force immediately before the integration time.\n\npost‑integration year means:\n\n (a) the year beginning at the integration time; or\n (b) any of the next 4 years.\n\nPrincipal means the Principal of the AMC institute referred to in paragraph (c) of item 1.1 of the table in subitem 16(2).\n\nUniversity means the University of Tasmania.\n\nUniversity funding, for a post‑integration year, means the grant payable to the University under Part 2‑2 of the Higher Education Support Act 2003 (Commonwealth Grant Scheme) in respect of the year.\n\nUniversity funding agreement, for a post‑integration year, means the funding agreement entered into by the University with the Commonwealth under section 30‑25 of the Higher Education Support Act 2003 in respect of the year, or in respect of a period that includes the year.\n\nPart 2—Repeal of the Maritime College Act 1978\n\nMaritime College Act 1978\n\n2 The whole of the Act\n\nRepeal the Act.\n\nPart 3—General transitional provisions\n\nDivision 1—Assets, liabilities and legal proceedings\n\n3 Vesting of assets of College\n\n(1) This item applies to the assets of the College immediately before the integration time.\n\n(2) At the integration time, the assets to which this item applies cease to be assets of the College and become assets of the University without any conveyance, transfer or assignment. The University becomes the successor in law in relation to these assets.\n\n4 Vesting of liabilities of College\n\n(1) This item applies to the liabilities of the College immediately before the integration time.\n\n(2) At the integration time, the liabilities to which this item applies cease to be liabilities of the College and become liabilities of the University without any conveyance, transfer or assignment. The University becomes the successor in law in relation to these liabilities.\n\n5 Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the University under this Division; and\n (b) there is lodged with a land registration official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the land, whether by reference to a map or otherwise; and\n (iii) states that the land has become vested in the University under this Division.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 13.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (b) deal with, and give effect to, the certificate.\n\n6 Certificates relating to vesting of assets other than land\n\n(1) This item applies if:\n\n (a) any asset other than land vests in the University under this Division; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in the University under this Division.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 13.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary having regard to the effect of this Part.\n\n7 Substitution of University as a party to pending proceedings\n\nIf any proceedings to which the College was a party were pending in any court or tribunal immediately before the integration time, the University is substituted for the College, from the integration time, as a party to the proceedings.\n\n8 Transfer of custody of College records\n\nTransfer of custody of College records\n\n(1) Subitem (2) applies to any records or documents that, immediately before the integration time, were in the custody of the College.\n\n(2) The records and documents are to be transferred into the custody of the Commonwealth at or after the integration time.\n\nCommonwealth Authorities and Companies Act 1997 records\n\n(3) The Commonwealth must retain the records and documents that are:\n\n (a) accounting records kept by the College under subsection 20(1) of the Commonwealth Authorities and Companies Act 1997; and\n (b) transferred to the Commonwealth under subitem (2);\n\nfor at least 7 years after completion of the transactions to which the accounting records relate.\n\n(4) Section 27L of the Commonwealth Authorities and Companies Act 1997 continues to apply in relation to records and documents that are:\n\n (a) the books of the College (within the meaning of that section as in force immediately before the integration time); and\n (b) transferred to the Commonwealth under subitem (2);\n\nas if the reference in subsection 27L(4) of that Act to a Commonwealth authority were a reference to the Commonwealth.\n\nDivision 2—Reference to, and things done by or in relation to, the College\n\n9 References in instruments\n\nReferences to College taken to be references to University\n\n(1) If:\n\n (a) an instrument is in force immediately before the integration time; and\n (b) the instrument contains a reference to the College;\n\nthe instrument has effect from the integration time as if the reference to the College were a reference to the University.\n\nReferences to staff of College taken to be references to staff of University\n\n(2) If:\n\n (a) an instrument is in force immediately before the integration time; and\n (b) the instrument contains a reference to a member of the staff of the College;\n\nthe instrument has effect from the integration time as if the reference to the member of the staff of the College were a reference to a member of the staff of the University.\n\nReferences to students of College taken to be references to students of University\n\n(3) If:\n\n (a) an instrument is in force immediately before the integration time; and\n (b) the instrument contains a reference to a student of the College;\n\nthe instrument has effect from the integration time as if the reference to the student of the College were a reference to a student of the University.\n\nMinister and regulations may provide otherwise\n\n(4) The Minister may, by writing, determine that subitem (1), (2) or (3) does not apply in relation to a specified reference. A determination under this subitem has effect accordingly.\n\n(5) The regulations may provide that an instrument containing a reference specified in a determination under subitem (4) has effect from the integration time as if:\n\n (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the University; or\n (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than a member of the staff of the University; or\n (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than a student of the University.\n\nDeterminations are not legislative instruments\n\n(6) A determination under subitem (4) is not a legislative instrument.\n\n10 Operation of laws\n\nThings done by College taken to be done by University\n\n(1) If, before the integration time, a thing was done by, or in relation to, the College, then, for the purposes of the operation of any law of the Commonwealth after the integration time, the thing is taken to have been done by, or in relation to, the University.\n\nMinister and regulations may provide otherwise\n\n(2) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the College. A determination under this subitem has effect accordingly.\n\n(3) The regulations may provide for a thing specified in a determination under subitem (2) to be taken to have been done by, or in relation to, a specified person or body other than the University.\n\nMeaning of doing\n\n(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.\n\nDeterminations are not legislative instruments\n\n(5) A determination made under subitem (2) is not a legislative instrument.\n\n11 Financial statements and other reporting requirements\n\nReporting requirements\n\n(1) If:\n\n (a) immediately before the integration time, a law required the College (including the members) to provide a report (whether financial statements or otherwise) for a period; and\n (b) the period ends after the integration time;\n\nthe Board must provide the report, as required, for so much of the period as occurs before the integration time.\n\nOutstanding reporting requirements\n\n(2) If:\n\n (a) a law required the College (including the members) to provide a report (whether financial statements or otherwise) for a period that ended before the integration time; and\n (b) the report has not been provided by the integration time;\n\nthe Board must provide the report as required.\n\n Application of law to Board\n\n(3) To avoid doubt, if, under this item, the Board is required to provide a report under a law, the law applies to the Board in respect of the report in the same way as the law would have applied to the College (including the members) in respect of the report.\n\nDivision 3—Miscellaneous\n\n12 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable by the Commonwealth under a law of a State or Territory in respect of, or in respect of anything connected with:\n\n (a) the transfer of an asset or liability under this Part; or\n (b) the operation of this Part in any other respect.\n\n13 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Part:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n14 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Part to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the repeal made by Part 2.\n\nPart 4—Transitional provisions relating to the AMC institute\n\n15 AMC institute funding\n\n(1) The University funding agreement for a post‑integration year must specify, or specify a method of calculating, the portion of the University funding for the year that is to be AMC institute funding for the year.\n\n(2) For the purposes of this Schedule, AMC institute funding for the year is the portion so specified or calculated.\n\n16 Review of integration after 3 months\n\nAMC institute funding for first 5 years after integration\n\n(1) For the purposes of the Higher Education Support Act 2003, the University receives AMC institute funding for a post‑integration year on condition that the Minister does not give, or has not given, the Education Minister a certificate under paragraph (2)(b) during the period of 28 days immediately following the initial post‑integration period.\n\nNote: If the Minister gives a certificate to the Education Minister under paragraph (2)(b), the Education Minister may require the University to repay AMC institute funding for a post‑integration year: see Part 2‑5 of the Higher Education Support Act 2003.\n\nConditions and ministerial certificate\n\n(2) During the period of 28 days immediately following the initial post‑integration period, the Minister must consider whether all of the conditions in the following table are met and:\n\n (a) if the Minister is satisfied that all of the conditions are met:\n (i) certify this in writing; and\n (ii) give the certificate to the Education Minister; or\n (b) if the Minister is not satisfied that all of the conditions are met:\n (i) certify this in writing; and\n (ii) state, in writing, his or her reasons for not being satisfied; and\n (iii) give the certificate and statement to the Education Minister.\n\n```html\n

Funding conditions relating to the initial post‑integration period

Item

Condition

1.1

During the initial post‑integration period and in accordance with the Heads of Agreement, the University established an institute within the University:

(a) named the Australian Maritime College; and

(b) having the objectives of:

(i) providing maritime and related education and training suitable for seafarers and other participants in the maritime industry; and

(ii) conducting examinations and assessments for marine competency under the Navigation Act 1912; and

(iii) conducting research activities and programs relating to maritime and related education and training, including pure and applied research, consultancies for government and industry and research training; and

(c) having a Principal; and

(d) having a Board:

(i) that reports to the Council of the University; and

(ii) that has the right to advise the Council of the University on matters relating to the AMC institute; and

(iii) to which the Council of the University has delegated sufficient authority and autonomy to enable the Board to set the priorities, and determine the strategies, for achieving the objectives of the AMC institute.

2.1

During the initial post‑integration period, each person who:

(a) immediately before the integration time, was a student of the College; and

(b) apart from the integration of the College with the University, would have been a student of the College at the integration time;

became a student of the University.

2.2

Throughout the initial post‑integration period:

(a) the persons referred to in item 2.1; and

(b) other former students of the College;

had the same rights and privileges as current students or former students, as applicable, of the University.

3.1

At the integration time, each person who:

(a) immediately before the integration time, was a member of the staff of the College; and

(b) apart from the integration of the College with the University, would have been a member of the staff of the College at the integration time;

became a member of the staff of the University on terms and conditions that did not provide a less favourable outcome for the person than the terms and conditions that applied to the person immediately before the integration time.

4.1

During the initial post‑integration period, financial assets equivalent to the financial assets of the College transferred to the University under Part 3 were set apart for the purposes of the AMC institute.

5.1

Throughout the initial post‑integration period, the AMC institute had priority access to the land and other assets of the College transferred to the University under Part 3 and not disposed of during the period.

\n```\n\n17 Annual review of integration during first 5 years\n\nAMC institute funding for first 5 years after integration\n\n(1) For the purposes of the Higher Education Support Act 2003, the University receives AMC institute funding for a post‑integration year on condition that the Minister does not give the Education Minister a certificate under paragraph (2)(b) in relation to the year during the period of 60 days immediately following the year.\n\nNote: If the Minister gives a certificate to the Education Minister under paragraph (2)(b) in relation to a post‑integration year, the Education Minister may require the University to repay AMC institute funding for the year: see Part 2‑5 of the Higher Education Support Act 2003.\n\nConditions and ministerial certificates\n\n(2) During the period of 60 days immediately following each post‑integration year, the Minister must consider whether all of the conditions in the following table are met in relation to the year and:\n\n (a) if the Minister is satisfied that all of the conditions are met in relation to the year:\n (i) certify this in writing; and\n (ii) give the certificate to the Education Minister; and\n (b) if the Minister is not satisfied that all of the conditions are met in relation to the year:\n (i) certify this in writing; and\n (ii) state, in writing, his or her reasons for not being satisfied; and\n (iii) give the certificate and statement to the Education Minister.\n\n```html\n

Funding conditions relating to a post‑integration year

Item

Condition

1.1

Throughout the year (other than, in the case of the first post‑integration year, the period before the establishment of the AMC institute) and in accordance with the Heads of Agreement, there was an institute within the University:

(a) named the Australian Maritime College; and

(b) having the objectives of:

(i) providing maritime and related education and training suitable for seafarers and other participants in the maritime industry; and

(ii) conducting examinations and assessments for marine competency for the purposes of the Navigation Act 2012; and

(iii) conducting research activities and programs relating to maritime and related education and training, including pure and applied research, consultancies for government and industry and research training; and

(c) having a Principal; and

(d) having a Board:

(i) that reports to the Council of the University; and

(ii) that has the right to advise the Council of the University on matters relating to the AMC institute; and

(iii) to which the Council of the University has delegated sufficient authority and autonomy to enable the Board to set the priorities, and determine the strategies, for achieving the objectives of the AMC institute.

2.1

The Board consisted of the following members appointed by the Council of the University:

(a) the Principal;

(b) a person with both:

(i) expertise in the shipping industry; and

(ii) knowledge of issues affecting seafarers;

(c) a person with expertise in both:

(i) national and international shipping safety; and

(ii) the certification of seafarer training;

(d) up to 5 other members.

2.2

The Board included members with skills in all of the following areas:

(a) governance;

(b) business or finance;

(c) law;

(d) higher and further education.

3.1

Before the end of the year, the Board:

(a) prepared a report:

(i) in consultation with the Council of the University; and

(ii) in a format agreed between the Board and the Minister during the period of 6 months beginning at the integration time; and

(b) gave a copy of the report to the Minister.

3.2

The report included the following:

(a) performance indicators against which the performance of the AMC institute is to be assessed, agreed between the Board and the Minister in consultation with the Council of the University during the period of 6 months beginning at the integration time;

(b) details of the performance of the AMC institute during the year, evaluated against the performance indicators;

(c) in relation to the next 3 years or a longer period:

(i) details of assumptions about the operational environment of the AMC institute; and

(ii) details of the strategic directions of the AMC institute; and

(iii) analysis of risk factors affecting the performance of the AMC institute.

3.3

The Minister is satisfied with the report.

4.1

Throughout the year (other than, in the case of the first post‑integration year, the period before the establishment of the AMC institute), the AMC institute had priority access to the land and other assets of the College transferred to the University under Part 3 and not disposed of before or during the year.

5.1

If, during the year, the University disposed of any of the land or other assets of the College transferred to the University under Part 3:

(a) the University consulted with the Board before the disposal; and

(b) the University complied with any agreements in force between the University and the Commonwealth relating to the disposal of such land or other assets.

6.1

If, during the year, the University significantly reduced the operations of the AMC institute, the University had notified the Minister in writing at least 12 months before the reduction.

\n```\n\n18 Review of integration before the end of the first 5 years\n\nReview\n\n(1) The Minister must cause a review of:\n\n (a) the integration of the College with the University; and\n (b) the objectives, effectiveness and efficiency of the AMC institute;\n\nto be undertaken:\n\n (c) after the end of the period of 4 years and 6 months beginning at the integration time; but\n (d) before the end of the period of 5 years beginning at the integration time.\n\nManner and form of review\n\n(2) The review must be undertaken in the manner and form determined by the Minister.\n\n(3) Before the Minister makes a determination under subitem (2), the Minister must consult with the University.\n\nReport\n\n(4) The persons who undertake the review must give the Minister a written report of the review.\n\n(5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n19 Delegation by Minister\n\n(1) The Minister may, in writing, delegate all or any of his or her functions or powers under this Part to:\n\n (a) the Secretary of the Department; or\n (b) an SES employee, or an acting SES employee, of the Department.\n\n(2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Minister.\n\nPart 5—Consequential amendments\n\nHigher Education Support Act 2003\n\n20 Subsection 16‑15(1) (table item dealing with the Australian Maritime College)\n\nRepeal the item.\n\nLegislative Instruments Act 2003\n\n21 Subsection 44(2) (table item 25)\n\nRepeal the item.\n\n22 Subsection 54(2) (table item 23)\n\nRepeal the item.\n\nPublic Works Committee Act 1969\n\n23 At the end of paragraphs 6A(2)(a) and (b)\n\nAdd “or”.\n\n24 Paragraph 6A(2)(ba)\n\nRepeal the paragraph.\n\nRemuneration Tribunal Act 1973\n\n25 Subsection 3(1) (definition of executive education office)\n\nRepeal the definition, substitute:\n\n> executive education office means an office of the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National University.\n\n26 Subsection 5(2)\n\nOmit “, the University of Canberra and the Australian Maritime College”, substitute “and the University of Canberra”.\n\nSchedule 2—Information sharing by the Australian Maritime Safety Authority\n\nAustralian Maritime Safety Authority Act 1990\n\n1 After section 10\n\nInsert:","sortOrder":2},{"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 (a) maritime domain awareness, including maritime security;\n (b) maritime safety;\n (c) protection of the marine environment;\n (d) efficiency of maritime transportation.","sortOrder":3}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the legal and institutional scope of the Australian Maritime College by repealing its standalone Act and integrating it into the University of Tasmania as an internal institute. It transfers all College assets, liabilities and records to the University, modifies how Commonwealth funding for the AMC is allocated and conditioned (with ministerial certification and potential repayment), alters related entries in other statutes, and broadens AMSA’s authority to disclose information for maritime purposes."},"complexity_factors":["Automatic vesting of assets and liabilities without conveyance (Part 3 items 3–4) creates legal succession issues for land registers and asset registers, plus reliance on ministerial certificates to effect registration (items 5–6, 13).","Cross‑statutory dependencies with other Acts — notably the Higher Education Support Act 2003 (funding and repayment mechanics in items 15–17 and Part 5 item 20) and the Navigation Act references in funding conditions — increase legal and administrative interdependence.","Conditional funding tied to ministerial certification and periodic reviews (items 16–18) concentrates decision power in the Minister and creates contingent repayment risk for the University (affects cashflows and compliance burden).","Detailed transitional protections for staff, students and earmarking of financial assets (items 2.1, 2.2, 3.1, 4.1, 5.1) impose administrative duties on the University and the new AMC Board during defined periods.","Presumptions of authenticity for ministerial certificates (item 13) reduce evidentiary hurdles but raise potential for challenge if contrary proof emerges.","Delegation rules (item 19) and non‑legislative determinations by the Minister (items 9(4)–(6),10(2)–(5)) introduce executive discretion and reduce parliamentary oversight of some transitional decisions.","Regulations power for transitional and saving provisions (item 14) allows significant detail to be set by regulation rather than primary legislation.","Amendments and repeals across several Acts (Part 5 items 20–26, Schedule 2 insertion) mean practitioners must track multiple instruments to understand current law.","Information‑sharing provision for AMSA (Schedule 2 insertion) permits disclosure of personal information for broad maritime purposes (new s.11), raising privacy‑compliance considerations."],"plain_english_summary":"This Act integrates the Australian Maritime College (AMC) into the University of Tasmania by repealing the Maritime College Act 1978 and automatically transferring the College’s assets, liabilities and records to the University. It creates an AMC institute within the University with specified governance, staff and student protections and ties Commonwealth funding for the institute to ministerial certification and regular reviews. The Act also amends the Australian Maritime Safety Authority Act to allow AMSA to disclose information (including personal information) for specified maritime safety, security, environmental and efficiency purposes."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act delivers precisely what its title suggests: amendments to maritime legislation. Schedule 1 handles the AMC-University of Tasmania integration (the primary purpose), and Schedule 2 adds AMSA information-sharing powers. Both schedules address maritime governance matters. The detailed funding conditions and five-year review framework suggest the scope was carefully defined from the outset to protect the AMC's specialist mission post-merger, which appears consistent with the original policy intent rather than a departure from it."},"complexity_factors":["Dual-purpose legislation combining an institutional merger with a separate information-sharing reform","Complex asset and liability transfer mechanics requiring understanding of property law concepts (vesting, successor in law)","Intricate conditional funding framework spanning 5 years with two separate review mechanisms (3-month and annual)","Multiple defined terms with cross-references to other Acts (Higher Education Support Act 2003, Commonwealth Authorities and Companies Act 1997, Privacy Act 1988, Navigation Act 1912)","Constitutional considerations explicitly referenced (s.51(xxxi) acquisition of property on just terms)","Staggered commencement provisions with different dates for different schedules and a sunset clause (lapse if not proclaimed by 1 January 2009)","Consequential amendments to five separate Acts","Interaction between Commonwealth funding agreements and institutional governance requirements","Information-sharing provision applies retrospectively to information collected before the Act commenced","Ministerial discretion powers (certificates, determinations, delegations) layered throughout"],"plain_english_summary":"The Act folds the Australian Maritime College into the University of Tasmania from 1 Jan 2008, transferring assets, liabilities, students and staff while requiring an AMC institute inside the university, Board oversight, staff protections and conditional federal funding (with clawback and a five‑year review) to preserve the College’s mission.\n\nIt also expands the Australian Maritime Safety Authority’s power to disclose information — including personal data — for maritime awareness, safety, environmental protection and transport efficiency."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original dual purpose: (1) facilitating the integration of the Australian Maritime College with the University of Tasmania, and (2) enabling information sharing by the Australian Maritime Safety Authority. The detailed conditions and oversight mechanisms in Schedule 1 reflect careful negotiation of the merger terms rather than scope creep."},"complexity_factors":["Extensive defined terms section (17 definitions) including constitutional concepts like 'acquisition of property' and 'just terms'","Multiple nested conditional tables setting out funding compliance requirements with specific timeframes (28-day window after 3 months, 60-day window after each year)","Cross-references to three other Acts: Higher Education Support Act 2003, Commonwealth Authorities and Companies Act 1997, and Navigation Act 1912/2012","Complex transitional machinery for vesting assets and liabilities without conveyance, plus substitution in legal proceedings","Ministerial discretion powers with specific procedural requirements (certificates, determinations, delegations)","Dual commencement dates creating temporal complexity (Royal Assent vs proclamation with sunset clause)","Two distinct schedules with unrelated subject matter (education merger vs maritime safety information sharing)"],"plain_english_summary":"This legislation does two main things:\n\n**First, it merges the Australian Maritime College (AMC) into the University of Tasmania.**\n\nThe AMC was previously a standalone Commonwealth statutory authority established under the Maritime College Act 1978. This Act repeals that old law and transfers all the College's assets, liabilities, staff, and students to the University of Tasmania. The College becomes an institute within the University, keeping its name and maritime education focus.\n\nKey protections for staff and students:\n- Existing students automatically become University of Tasmania students with the same rights\n- Staff transfer on terms no less favourable than before\n- The new institute must maintain a Board with maritime expertise and sufficient autonomy\n\nThe Commonwealth keeps watching for five years through:\n- A review after the first 3 months to check the institute is properly established\n- Annual reviews to ensure funding conditions are met (if not, the University may have to repay special funding)\n- A major review after 4.5–5 years assessing whether the merger is working\n\n**Second, it lets the Australian Maritime Safety Authority (AMSA) share information more freely.**\n\nAMSA can now disclose information it holds—including personal information—to other people or organisations for four specific purposes: maritime security, maritime safety, protecting the marine environment, and making sea transport more efficient. This applies to all information AMSA has, whether collected before or after this law starts.\n\n**Why it matters:**\n- For Tasmania: Secures the future of maritime education and training in Launceston while giving the University more resources and flexibility\n- For seafarers: Maintains Australia's compliance with international training standards and keeps marine qualification exams running\n- For maritime security: Helps different agencies share data to track ships, prevent pollution, and respond to emergencies"}},"importantCases":[],"_links":{"self":"/api/acts/maritime-legislation-amendment-act-2007","history":"/api/acts/maritime-legislation-amendment-act-2007/history","analysis":"/api/acts/maritime-legislation-amendment-act-2007/analysis","conflicts":"/api/acts/maritime-legislation-amendment-act-2007/conflicts","importantCases":"/api/acts/maritime-legislation-amendment-act-2007/important-cases","documents":"/api/acts/maritime-legislation-amendment-act-2007/documents"}}