Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012
In ForceCTH
Jurisdiction
Commonwealth
Act Number
56 of 2012
Collection
act
Plain English Summary
7/10 complexity
What this Act does (mechanically)
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.
Who it affects
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).
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).
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).
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).
Key operational effects and how it works
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).
This Act makes only consequential and transitional changes to other Commonwealth maritime laws arising from the enactment of the Coastal Trading (Revitalising Australian Shipping) Act 2012. It does not itself set the new coastal trading regime; it alters definitions, preserves existing permissions and processes for a short transitional period, and creates a bespoke transitional licensing pathway for foreign‑registered vessels that were operating under the old coasting trade regime.
Mechanically, the Act operates in three layers.
Commencement (ss 1-3 and s 2 table): sections 1-3 and any uncaptured provision start on Royal Assent (21 June 2012). Schedules 1 and 2 commence immediately after s 2 of the Coastal Trading Act 2012 (listed as 1 July 2012 in the table) (s 2). The text of s 2 sets the operative timing for all the consequential and transitional measures.
Consequential amendments (Schedule 1): it amends four Acts to align definitions and coverage with the new coastal trading framework. Key changes include inserting coastal trading into AMSA’s enforcement remit (Australian Maritime Safety Authority Act 1990, item 1), removing and replacing relevant parts of the Navigation Act 1912 (items 2-6), and inserting definitions and extended application of the Occupational Health and Safety (Maritime Industry) Act 1993 and Seafarers Rehabilitation and Compensation Act 1992 to cover vessels operating under the new regime (Schedule 1, items 7-21). The Navigation Act changes include repeal of s 7 and Part VI and repeal of s 377JA (Schedule 1, items 2 and 5-6). Several defined terms are drawn to the Shipping Registration Act 1981 and the Coastal Trading Act 2012 (Schedule 1, items 7-12, 15-19).
Transitional provisions (Schedule 2): a detailed timetable and process preserves existing permits, licences and declarations for limited periods; requires prompt ministerial decisions on pending applications; allows pending cancellation processes to be completed under the old law; creates a “transitional general licence” for certain foreign‑registered vessels that held coasting trade licences immediately before commencement (items 2-21); preserves prior exemptions, permissions and orders by recharacterising them under the new law (items 18-20); and authorises transitional regulations (item 21). The transitional regime sets strict time limits: continued permits and licences generally remain in force for up to four months after the new law commences (Schedule 2, items 2-4), and pending applications to be decided within 10 business days (items 5-7). The Minister and the Authority (AMSA) are the decision‑makers referenced throughout (Schedule 2, items 1, 5-7).
Current sections
Direct links to the current provisions in Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012.
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Official source available
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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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).
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)).
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)).
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).
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.
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).
Who pays and administrative burdens
Applicants pay the application fee prescribed by the regulations for transitional general licences and renewal applications (item 10(2)(d); item 15(1)(e)).
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.
Decision‑making power and discretion
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).
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).
Costs, incentives, trade‑offs and implementation risks (source‑grounded)
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.
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)).
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.
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.
What changes legally (concise list of concrete legal effects)
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).
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).
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).
In short, the Act is an adjustment instrument: it rewrites cross‑references, preserves short‑term operational continuity for participants under the old coasting trade rules, and establishes a limited, conditional transitional licence pathway for foreign‑flagged vessels while the new Coastal Trading Act 2012 takes effect.
Main concepts
The Act’s concepts are narrow and instrumental: definitions and transitional mechanisms intended to bridge the old coasting trade regime under the Navigation Act 1912 and the new Coastal Trading (Revitalising Australian Shipping) Act 2012. The Schedule 2 definitions and cross‑references are central.
New law / old law: Schedule 2 defines “new law” as the Coastal Trading (Revitalising Australian Shipping) Act 2012 and “old law” as Part VI of the Navigation Act 1912 as in force immediately before commencement (Schedule 2, Part 1, item 1). This framing enables migration rules that treat existing permits, licences and declarations under the old law as carrying forward under specified conditions.
Permit holder and permit continuation: a permit under s 286 of the old law that was in force at commencement continues for a limited period, with a clear end point: four months after the new law commences, the original expiry under the old law, or earlier cancellation by the Minister (Schedule 2, item 2(1)). The Schedule expressly preserves the operation of certain old law provisions in respect of those continued permits despite repeal (item 2(2)).
Continuation of coasting trade licences and declarations: licences issued under the Navigation (Coasting Trade) Regulations 2007 are preserved for up to four months and remain subject to old law procedures for cancellation until that time (Schedule 2, item 3). Declarations under s 8AA(2) of the Navigation Act that relate to the coasting trade remain in force for four months (item 4).
Transitional general licence: Schedule 2 creates an interim class called a “transitional general licence” for a foreign‑registered vessel which immediately before commencement held a coasting trade licence continued by item 3. Applications may be made by the owner, charterer, master or agent; each application must be for a single vessel and must include prescribed evidence and statements about the nationality/visa status of seafarers on board (items 10-11, 15). The Minister applies much of Division 1 of Part 4 of the new law, with modifications (item 11).
Ministerial decision processes and timelines: pending applications under the old law must be decided by the Minister within 10 business days after commencement; grants under the old law, if made, are limited to three months or less (items 5-7). Show cause and cancellation processes started under the old law may be completed under the old law (items 8-9). The Act also preserves rights of review by reference to the Administrative Appeals Tribunal under the (repealed) s 377JA for certain cancellations decided before commencement (item 17).
Savings and recharacterisations: orders under the repealed s 7 of the Navigation Act, permissions under s 286(6) of the old law, and s 421(1) exemptions continue after commencement by being treated as exemptions or directions under s 11(1) of the new law (items 18-20).
Authorised regulation‑making: item 21 grants the Governor‑General power to make transitional regulations, including saving or application provisions necessary to give effect to the Schedule.
These core concepts create a transitional architecture: identify what continues, what must be decided quickly, what may be applied for under a temporary pathway, and how certain prior regulatory instruments map onto the new statutory structure. Definitions imported from the Shipping Registration Act 1981 and the Coastal Trading Act 2012 are used to align other Acts’ coverage (Schedule 1, items 7-12, 15-19).
Who it affects
The Act affects defined groups within the maritime industry and administrative agencies by preserving short‑term rights and by changing statutory coverage.
Permit and licence holders under the old coasting trade regime. Any person who held a permit under s 286 of the Navigation Act 1912 immediately before commencement sees that permit continue in force for a limited period (Schedule 2, item 2). Similarly, holders of licences under the Navigation (Coasting Trade) Regulations 2007 have those licences continued for up to four months (item 3). Those people are affected by the strict temporal limits and by the continuation of old law procedures for cancellation during the transitional period (items 2(2), 3(2)).
Applicants with pending matters. Persons who had pending applications for permits, licences or declarations under the old law face accelerated processing: the Minister must decide within 10 business days after commencement, and any grant under the old law will be limited to three months or less (items 5-7). These timelines shift decision risk onto the Minister and impose a short deadline for outcomes on applicants.
Foreign‑registered vessel owners, charterers, masters and agents. The transitional general licence pathway targets vessels registered under a foreign law which immediately before commencement had a coasting trade licence continued by item 3 (item 10). Those persons must apply per item 10 and meet evidentiary and attestation requirements about seafarer nationality or visa status, and pay the prescribed fee (item 10(2)).
Seafarers on transitional vessels. Applications for transitional general licences require a statement that each seafarer will be an Australian citizen, a permanent visa holder, or a temporary visa holder whose visa allows the work performed (item 10(2)(b); item 15(1)(b)). This creates a compliance obligation indirectly on crew composition and may affect recruitment and labour costs.
Employers and vessels covered by OHS and compensation regimes. Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 to extend or clarify coverage to vessels used to engage in coastal trading under general, temporary or emergency licences and to relate definitions to the Shipping Registration Act 1981 and the Coastal Trading Act 2012 (Schedule 1, items 7-14; 15-21). Employers of seafarers on such vessels are therefore brought under or clarified within those safety and compensation regimes, depending on vessel registration and licence type (see Schedule 1 items 13, 20 and 21).
Australian Maritime Safety Authority (AMSA) and the Minister. The AMSA has an explicit remaining enforcement/administration role for laws relating to coastal trading (Schedule 1, item 1). The Minister retains decision‑making discretion on pending matters, grants, cancellations, transitional general licences, renewals and conditions, with statutory timelines and criteria specified in Schedule 2 (items 5-7, 10-16). The Minister’s discretionary space is shaped by the application of parts of the new law to transitional licences (items 11-12).
Persons with saved exemptions, permissions or orders. Entities that relied on orders under s 7, permissions under s 286(6) or exemptions under s 421(1) immediately before commencement retain those instruments recharacterised under the new law as exemptions or directions under s 11(1) of the Coastal Trading Act 2012 (Schedule 2, items 18-20).
Administrative review applicants. Parties who had the right to apply to the Administrative Appeals Tribunal under the now‑repealed s 377JA of the Navigation Act may still pursue review of certain Ministerial cancellations decided before commencement, as permitted by item 17.
In summary, the Act touches operators (owners, charterers, masters, agents), crew, employers, safety and compensation regulators, AMSA, and the Minister. The effects are largely transitional: temporary continuations, expedited decision obligations for the Minister, and narrowly framed applications and evidentiary requirements for transitional general licences that affect crew composition and registration decisions (Schedule 2, items 2-16).
Key duties and rights
The Act allocates duties and rights primarily to the Minister, the Authority (AMSA), licence/permit holders and applicants, and to persons seeking transitional general licences. These obligations are procedural and documentary.
Minister’s decision duties: For pending permit, licence and declaration applications made under the old law and not decided before commencement, the Minister must decide within 10 business days after commencement (Schedule 2, items 5(c), 6(c), 7(c)). If granting a permit or licence under the old law, the Minister must issue it for a period of three months or less and notify of conditions in writing (items 5(d)(i)-(iii), 6(d)(i)-(iii)). For pending declarations under the Navigation Act, the Minister must decide in accordance with s 12 of the new law (item 7(c)).
Minister’s cancellation procedure duties: Where a show cause notice to cancel a permit or licence was given before commencement and the response period had not expired, the holder may still respond under the old law; after the response period the Minister must decide under the old law whether to cancel the continuing permit or licence (Schedule 2, items 8-9).
Rights to continued instruments: Permit holders and licence holders who had valid permits or licences immediately before commencement retain a continued instrument for a defined period (up to four months after the new law commences, earlier original expiry, or cancellation) (items 2(1), 3(1), 4(1)). Declarations under s 8AA(2) remain for four months insofar as they relate to the coasting trade (item 4(1)).
Application and evidentiary duties for transitional general licences: Applicants must provide evidence of foreign registration, a statement about each seafarer’s visa or citizenship status, prescribed information, and a fee, and each application must concern a single vessel (item 10(2)-(3)). Renewal applications require more detailed statements explaining why the ship cannot yet be registered under the Shipping Registration Act 1981, including financial, business or legal constraints and plans to register (item 15(1)(c)(i)-(ii)).
Decision criteria and ministerial discretion for transitional licences: Division 1 of Part 4 of the new law applies to these applications (item 11), but item 12 modifies the criteria by removing subsection 15(2) applicability and permitting the Minister to consider whether the owner intends to register under the Shipping Registration Act but cannot immediately do so for commercial or foreign law reasons; whether the applicant previously held a cancelled licence or permit; and other matters the Minister thinks relevant (item 12).
Conditions on transitional general licences: Section 21 of the new law applies except paragraph (a) is omitted; a universal condition imposed by item 13(2) is that the vessel must continue to be registered under the foreign law (item 13).
Renewal limits and continuity: Transitional general licences may be renewed once, and a licence continues in force while a renewal application is pending (item 14). The Minister has discretion to renew (item 14(1)).
Rights to review: Despite repeal of the Navigation Act s 377JA, affected parties may apply to the Administrative Appeals Tribunal under that section for review of certain Ministerial cancellations decided before commencement (item 17).
Agency duties: The Australian Maritime Safety Authority remains defined in the Schedule 2 as “Authority” and, by Schedule 1 amendment to the AMSA Act, AMSA’s functions include administration or enforcement of Commonwealth laws relating to coastal trading (Schedule 1, item 1; Schedule 2, Part 1, item 1).
Overall, duties are concentrated on the Minister to act within compressed timelines and to exercise discretion in accepting or refusing transitional licences subject to specified documentary and substantive criteria. Applicants and holders must meet evidentiary and attestation duties about vessel registration and seafarer immigration status. The Act preserves administrative review rights in a narrow class of pre‑commencement cancellations.
Penalties and enforcement
This Act does not itself create new criminal offences or fines. Its enforcement implications are indirect and arise from three places: (1) consequential amendments that change enforcement coverage in other Acts, (2) the continuation and recharacterisation of existing permissions and exemptions under the new regime, and (3) the Minister’s powers to cancel licences or permits under preserved or new law provisions.
Administrative enforcement role of AMSA: Schedule 1 amends subsection 11(2) of the Australian Maritime Safety Authority Act 1990 to add administration or enforcement of Commonwealth law relating to coastal trading to AMSA’s remit (Schedule 1, Australian Maritime Safety Authority Act 1990, item 1). That amendment allocates administrative enforcement responsibilities to AMSA, but it does not itself specify penalties.
Repeal and recharacterisation of Navigation Act instruments: The Act repeals certain Navigation Act provisions (Schedule 1, Navigation Act 1912, items 2 and 5-6). It saves orders, permissions and exemptions existing immediately before commencement by treating them as exemptions or directions under subsection 11(1) of the new Coastal Trading Act 2012 (Schedule 2, items 18-20). Enforcement of those saved instruments therefore runs under the enforcement architecture of the new law, including any compliance and penalty clauses within the Coastal Trading Act 2012 and related regulations, though those penalties are not in this Act.
Cancellation and procedural enforcement: The Act preserves the Minister’s ability to cancel continued permits and licences under the old law during the transitional window (Schedule 2, items 2(1)(b)(iii), 3(1)(b)(ii)). The Minister also gains the obligation to make quick decisions on pending matters and to impose conditions when granting transitional permits or licences (items 5-7). Enforcement of conditions attached to transitional general licences would fall to the Minister or delegated enforcement agencies under the new law; the Act requires written notification of conditions upon grant (items 5(d)(iii), 6(d)(iii)).
Occupational health and safety and compensation coverage: Schedule 1 expands definitional and application coverage for the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 to include vessels operating under the coastal trading licence types (Schedule 1, items 7-14 and 15-21). Those Acts contain their own enforcement and penalty regimes, and these amendments bring more vessels within those regimes. The Act therefore alters the pool of regulated entities subject to existing enforcement mechanisms in those statutes, although the penalties themselves are in those Acts, not in this Act.
Transitional regulations: item 21 empowers the Governor‑General to make transitional regulations necessary to carry out the Schedule, which could create regulatory obligations and associated compliance and enforcement mechanisms for the transitional period.
In short, the Act reallocates enforcement and alters who falls under existing penalty regimes by updating definitions and mapping old permissions into the new framework. It imposes no standalone penal sanctions, but it changes the regulatory perimeter and the administrative actors responsible for enforcement, notably by clarifying AMSA’s role (Schedule 1, item 1) and by preserving prior permissions as exemptions under the new Act (Schedule 2, items 18-20).
How it interacts with other laws
This Act is expressly designed to interact with and rewrite references across Commonwealth maritime legislation so that the new coastal trading regime functions coherently. Interaction is achieved by amendment, saving, transfer of administrative responsibility and selective application of parts of the new law to transitional instruments.
Navigation Act 1912: The Act repeals section 7, Part VI and section 377JA of the Navigation Act 1912 (Schedule 1, Navigation Act 1912, items 2, 5, 6). It also replaces paragraph 10(b) and amends paragraph 10(c) so that references to ships used in coastal trading are tied to the meaning in the Coastal Trading Act 2012 and to general licences under that Act (Schedule 1, items 3-4). The repeal of s 377JA is significant for review rights, but Schedule 2 saves certain review rights for decisions made before commencement (item 17).
Coastal Trading (Revitalising Australian Shipping) Act 2012 (new law): The whole object of the Act is to provide consequential amendments and transitional measures for the Coastal Trading Act. Schedule 2 defines “new law” as that Act and applies multiple parts of it to transitional general licences (Schedule 2, items 1, 11-13, 16). It recharacterises old permissions and exemptions as directions or exemptions under subsection 11(1) of the new law (Schedule 2, items 18-20).
Australian Maritime Safety Authority Act 1990: The Act inserts into subsection 11(2) an express function for AMSA to administer or enforce Commonwealth law related to coastal trading, thereby allocating administrative responsibilities arising from the new regime to AMSA (Schedule 1, item 1).
Occupational Health and Safety (Maritime Industry) Act 1993: The Act inserts definitions cross‑referencing the Shipping Registration Act 1981 and the Coastal Trading Act 2012 to ensure that the OHS Act applies to vessels operating under the new licence classes where specified (Schedule 1, items 7-14). It extends the OHS Act’s reach to vessels engaged in coastal trading under general, temporary and emergency licences, subject to registration status (item 13).
Seafarers Rehabilitation and Compensation Act 1992: Equivalent definition insertions and application expansions are made so that SRCA covers employees on vessels used to engage in coastal trading under general or emergency licences, subject to register status (Schedule 1, items 15-21). A note appended to subsection 19(1) clarifies that the SRCA does not apply if a prescribed ship is registered in the Australian International Shipping Register, referencing the Shipping Registration Act 1981, paragraph 61AA(b) (Schedule 1, item 19A).
Shipping Registration Act 1981: Several definitions in Schedule 1 rely on meanings from the Shipping Registration Act 1981 (Schedule 1, items 7-8, 15-16). The transitional general licence regime explicitly contemplates owners intending to register under the Shipping Registration Act but being prevented for commercial or foreign law reasons; that consideration is a permissible factor for the Minister under item 12(2)(a).
Navigation (Coasting Trade) Regulations 2007: Licences granted under those regulations that are in force at commencement continue for a limited time and remain subject to the old law and those regulations during that continuation, except that certain sections of the new law apply to a continued licence as if it were a general licence (Schedule 2, item 3(2)-(3)). This keeps regulatory continuity for regulated parties.
Administrative Appeals Tribunal Act / review rights: By repealing s 377JA of the Navigation Act but saving review rights for Ministerial cancellations decided before commencement, the Act threads limited continuity for administrative review while moving forward to the new review architecture under the Coastal Trading Act as applicable (Schedule 2, item 17).
The Act therefore functions as a mapping instrument. It redirects administrative responsibility to AMSA; aligns definitions across statutes to avoid gaps; preserves certain pre‑existing permissions and exemptions by converting them into the new law’s instruments; allows a narrowly defined transitional licensing pathway that recognises foreign registration; and preserves limited review rights while dismantling some old provisions. The interactions are literal and textual: the Schedule instructs other statutes how to treat specific pre‑commencement instruments and which parts of the new law apply to transitional licences (Schedule 2, items 11-16).
Amendment history
The Act as executed is compact and its amendment history in the source is minimal because the Act itself is a consequential and transitional vehicle tied to the Coastal Trading Act 2012. The source indicates enactment and commencement dates but contains no subsequent amendments. The text records:
Assent and dates: The Act was assented to on 21 June 2012 (cover page, bracketed assent note). The commencement table in section 2 indicates that sections 1-3 and any residual provisions commence on Royal Assent (21 June 2012) and that Schedules 1 and 2 commence immediately after section 2 of the Coastal Trading (Revitalising Australian Shipping) Act 2012 , the table records that as 1 July 2012 (s 2 table). Section 2(2) clarifies that the table entries are not part of the Act and may be edited in published versions.
Schedules enacted on commencement: Schedule 1 (consequential amendments) and Schedule 2 (transitional provisions) both commence in the timed relation to the Coastal Trading Act 2012 (s 2 table). The Act therefore was crafted to take effect in synchrony with the substantive Coastal Trading Act.
No further amendment notes: The source contains the original text of the Act and the schedules. There are no inserted notes within the source indicating subsequent amending Acts or later edits. The printed note under s 2 states the commencement table relates only to the provisions of this Act as originally enacted and will not be amended to deal with later amendments, implying that any later amendments would be separately recorded elsewhere.
Legislative materials: The source includes a minister’s second reading speech made in the House of Representatives on 22 March 2012 and in the Senate on 18 June 2012, but the content of those speeches is not reproduced in the Schedule beyond the citation bracket (end note). The Act’s provenance is therefore shown as part of the 47/12 legislative package.
Given the Act’s purpose as a transitional/consequential instrument, its amendment history as provided in the source is limited to its initial enactment and timed commencement linked to commencement of the Coastal Trading Act 2012. Any later changes to these provisions would need to be located in subsequent amending Acts; none are recorded in the supplied text.
Litigation history
The supplied text does not record any cases, judicial interpretations, appeals or litigation outcomes relating to this Act. It repeals Navigation Act provisions (including section 377JA) that previously provided for Administrative Appeals Tribunal review rights, but it saves certain rights of review for decisions made before commencement by allowing applications to be made to the Administrative Appeals Tribunal under the repealed section for particular cancellations (Schedule 2, item 17). The Act therefore preserves a narrow window for tribunal review, but the source contains no litigation records or case citations.
Because the Act is a consequential and transitional instrument, dispute activity would predictably focus on administrative decisions made during the transition, such as Ministerial cancellations, refusal or grant of transitional general licences, or the interpretation of saved permissions and exemptions. However, the Act’s text does not describe any concrete litigation path except the AAT avenue saved in item 17. Sections repealed by Schedule 1 (for example section 377JA of the Navigation Act 1912) are acknowledged as repealed but the Schedule 2 saving preserves AAT applications under the now repealed provision for pre‑commencement cancellations (item 17). Beyond that narrow provision, the source contains no records of judicial consideration, and it does not cite any decided cases.
Practitioners seeking litigation history must therefore consult external databases and the Administrative Appeals Tribunal records for actions taken during the transitional window or subsequent disputes concerning the effect of the recharacterised permissions and exemptions under the new Coastal Trading Act 2012. The Act itself merely preserves a limited avenue for review; it does not supply or summarise any litigation outcomes.
Gotchas
This Act contains several technical traps for operators and advisers because it is procedural and time‑limited; missing these temporal and documentary requirements risks loss of rights or an unexpected change in regulatory status.
Short time windows for continued instruments. Permits under s 286 of the old law and licences under the coasting trade regulations that existed at commencement continue only until the earlier of four months after the new law commences, the instrument’s original expiry, or cancellation by the Minister (Schedule 2, items 2(1), 3(1)). Parties should not assume indefinite continuation; active steps are required within the four‑month window to secure a longer‑term authorisation under the new law.
Accelerated decision deadlines for pending applications. If an application under the old law was pending at commencement, the Minister must decide it within 10 business days (items 5(c), 6(c), 7(c)). Applicants who do not ensure their applications were properly lodged, complete or actionable before commencement could find the Minister deciding negatively within that compressed timeframe.
Limited grant periods for residual old law grants. If the Minister grants a permit or licence under the old law post‑commencement, the grant must be for three months or less (items 5(d)(i), 6(d)(i)). That is shorter than the four‑month continuation for existing instruments; it creates the need to secure a transitional general licence or register a vessel to obtain longer authorisations.
Single‑vessel application rule for transitional general licences. Each application under item 10 must relate to one vessel only (item 10(3) and item 15(2)). Large operators should budget administrative effort accordingly, as multiple applications will be required for multi‑vessel fleets.
Seafarer visa/citizenship attestations. The application must include a statement that every seafarer on board when the vessel is used in coastal trading either is an Australian citizen, holds a permanent visa, or holds a temporary visa that does not prohibit the work (item 10(2)(b); item 15(1)(b)). This puts pressure on crewing practices and labour contracting and may render some crewing models non‑compliant unless addressed.
Renewal is strictly limited. A transitional general licence may be renewed only once (item 14(3)). Combined with the single‑vessel application rule and the requirement to explain why registration under the Shipping Registration Act 1981 is not yet possible, this limits the duration of the transitional pathway.
Conditions require foreign registration continuity. Item 13(2) makes it a condition that the vessel continue to be registered under the foreign law. This prevents switching flag mid‑transition without amending or reapplying, and restricts owners who hoped to use the transitional licence to postpone foreign registration requirements.
Old law cancellation processes preserved. Where a show cause notice was given before commencement, the holder can still respond under the old law and the Minister must decide under the old law (items 8-9). Parties may be caught by the preserved, possibly unfamiliar, procedural rules of the old law.
Repeal of Navigation Act review provision but limited savings. Section 377JA of the Navigation Act 1912 is repealed by Schedule 1, but Schedule 2 preserves AAT review rights only for specific decisions made before commencement (item 17). Parties should not assume that AAT review rights persist for other decisions.
Recharacterisation of orders, permissions and exemptions. Existing orders or permissions under the old law are preserved but recharacterised as exemptions or directions under subsection 11(1) of the Coastal Trading Act 2012 (items 18-20). The legal effect may change because the new Act’s enforcement and interpretive context applies; practitioners must verify how those saved instruments operate under the new legal landscape.
Interplay with OHS and compensation regimes depends on registration. Schedule 1 links expanded application of the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 to vessel registration status and licence type (Schedule 1, items 13, 20). Operators must review registration status to determine OHS and compensation obligations.
Reliance on regulations. The Act authorises transitional regulations (item 21). The content of such regulations may be consequential to compliance but is not included in the source; parties should monitor subordinate legislation for clarifying or additional requirements.
These points are concrete, textually based risks and compliance items; missing the deadlines, documentary requirements, the single‑vessel rule, or the attestation about crew visas will have immediate operational consequences under the transitional architecture set out in Schedule 2.
How to comply
Compliance under this Act is largely about meeting documentary requirements, respecting time limits and understanding which statutory regime applies to a given vessel or activity during the transition.
Inventory existing instruments and dates. Identify all permits under section 286 of the Navigation Act 1912, licences under the Navigation (Coasting Trade) Regulations 2007, and declarations under section 8AA(2) that were in force immediately before commencement. For each instrument, note the original expiry date and whether it falls within the four‑month continuation window specified in Schedule 2 items 2(1), 3(1) and 4(1). This will determine whether the instrument expires automatically or remains until an earlier event.
Track pending applications and expedite documentation. If an application for a permit, licence or declaration was pending at commencement, ensure the Minister has all necessary material to decide the application within 10 business days (Schedule 2, items 5(c), 6(c), 7(c)). Submit any outstanding material immediately and be prepared to respond promptly to requests. If the Minister grants under the old law, plan for the three‑month maximum grant period and for transitioning to a new authorisation.
Evaluate cancellation notices and respond under the old law where applicable. If a show cause notice to cancel was issued before commencement and the response period had not expired, prepare and submit a response under the procedural rules of the old law within the specified period (Schedule 2, items 8-9). Do not assume the new law’s procedures apply in that instance.
For foreign‑registered vessels, prepare transitional general licence applications correctly. If the vessel’s coasting trade licence is continued by item 3 and the vessel is registered under a foreign law, apply for a transitional general licence only if you are an owner, charterer, master or agent (item 10(1)). Each application must be in writing, relate to one vessel only, include evidence of foreign registration, the required seafarer status statement, any prescribed information, and the prescribed fee (item 10(2)-(3)). Keep document copies and proof of submission.
Prepare seafarer visa/citizenship documentation. The application requires a statement that each seafarer will be an Australian citizen, permanent visa holder, or a temporary visa holder authorised to perform the work (item 10(2)(b); item 15(1)(b)). Maintain verifiable records of each crew member’s citizenship or visa status and be ready to provide them if requested.
For renewal of a transitional general licence, document barriers to Australian registration. Renewal applications must explain why registration under the Shipping Registration Act 1981 is prevented, including financial, business or legal constraints, and state actions being taken to register (item 15(1)(c)(i)-(ii)). Prepare financial and legal documentation and a timeline for planned registration to support renewal.
Ensure vessel registration continuity where required. Transitional general licences must include the condition that the vessel remain registered under the relevant foreign law (item 13(2)). Do not plan flag changes during the licence period unless you understand the need to reapply or modify the licence.
Confirm OHS and compensation coverage. Check whether the vessel and its employment arrangements fall within the Occupational Health and Safety (Maritime Industry) Act 1993 and the Seafarers Rehabilitation and Compensation Act 1992 after the Schedule 1 amendments (items 7-14; 15-21). If the vessel is to be covered (for example vessels used under general licences or emergency licences depending on register), ensure OHS systems and insurance/compensation arrangements meet those Acts’ requirements.
Monitor AMSA and Ministerial communications and subordinate regulations. The Australian Maritime Safety Authority now has an explicit function for coastal trading matters (Schedule 1, item 1). Keep channels open with AMSA for compliance guidance and watch for any transitional regulations made under Schedule 2 item 21 that could impose additional obligations.
Seek early review where applicable. If a permit was cancelled by the Minister before commencement and the appeal window remained open, note that AAT applications under the repealed s 377JA may still be available for those specific cancellations (Schedule 2, item 17). Act quickly to file within procedural timeframes.
Use single‑vessel application planning. For operators with multiple vessels, plan the administrative capacity to prepare separate applications per vessel (items 10(3), 15(2)). Stagger applications or allocate resources so each vessel’s application meets the evidentiary and fee requirements.
In practice compliance therefore requires a programme: map all pre‑commencement instruments and pending matters; assemble crew documentation and registration evidence; prepare single‑vessel transitional licence applications if relevant; respond to show cause notices under the old law where necessary; and liaise with AMSA and the Minister’s office to ensure rapid decision processing given the statutory deadlines. The text of Schedule 2 sets the deadlines and documentary checklist items that determine whether a vessel’s rights continue or must migrate to the new regime.