165

165 Regulations may deal with transitional matters

(1) The regulations may prescribe matters of a transitional nature (including matters of an application or saving nature):

(a) arising out of the enactment of this Law; or

(b) relating to the transition from the application of provisions of laws of the States and the Territories to the application of provisions of this Law.

(2) The regulations have effect despite anything else in this Law.

(3) The regulations may provide that certain provisions of this Law are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.

(4) The regulations may provide that a specified identifier, document, licence, certificate or exemption (however described) issued, whether before or after the commencement of this Act, under a law of a State or the Northern Territory is taken to be a specified identifier, document, licence, certificate or exemption issued under this Law, subject to such requirements and modifications as are prescribed.

(5) Despite section 12(2) of the Legislative Instruments Act 2003 of the Commonwealth, regulations made under this section may be expressed to take effect from a date before the regulations are registered under that Act.

(6) If:

(a) regulations are expressed to take effect from a date before the date the regulations are registered under the Legislative Instruments Act 2003 of the Commonwealth; and

(b) a person did an act or omitted to do an act before the regulations are registered; and

(c) apart from the retrospective effect of the regulations, the act or omission would not have contravened this Law;

then a court must not convict the person of an offence in relation to the act or omission on the grounds that it contravened this Law.

House of Representatives on 24 May 2012

Senate on 20 June 2012]

Annexure 2

Amendments to be made to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth

Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012 of the Commonwealth

MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) NATIONAL LAW (CONSEQUENTIAL AMENDMENTS) BILL 2012

The Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Bill (the Bill) provides for consequential amendments to the Australian Maritime Safety Authority Act 1990 (AMSA Act) and the Marine Safety (Domestic Commercial Vessel) National Law Bill 2012 (the National Law) .

Schedule 1 of the Bill amends the AMSA Act to include definitions defined in the National Law and to reflect the agreement reached in the Council of Australian Government’s (COAG) Intergovernmental Agreement (IGA) on Commercial Vessel Safety Reform. Under the IGA, the Commonwealth will ensure that the AMSA Board membership includes at least one member with knowledge of, or experience relevant to, non‑SOLAS-Convention commercial vessel operation and/or construction. The IGA also determined that the Australian Maritime Safety Authority (AMSA) would be the National Regulator.

Schedule 2 of the Bill repeals the existing offences and penalties for the general safety duties in the National Law and replaces them with provisions that mirror the provisions of Part 2 of the Work Health and Safety Act 2011 (WHS Act).

Schedule 2 will take effect when all States and Territories give effect to, as a State or Territory law, the provisions contained in Part 2 of the WHS Act. The objective of this arrangement is to align the National Law general safety obligations and offences with the WHS duties and offences, once the WHS Act has been enacted nationally.

ABBREVIATIONS

AMSA Australian Maritime Safety Authority

AMSA Act Australian Maritime Safety Authority Act 1990

COAG Council of Australian Governments

Constitution Constitution of the Commonwealth of Australia

Criminal Code The Code established by the Criminal Code Act 1995

GSO General Safety Obligation

IGA The Inter-Governmental Agreement for Commercial Vessel Safety Reform signed by COAG First Ministers on 19 August 2011

National Law Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012

National Regulator The National Regulator established under the National Law

The Bill/this Bill Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Bill 2012

The Act/this Act Marine Safety (Domestic Commercial Vessel) National Law (Consequential Amendments) Act 2012

WHS Act Work Health and Safety Act 2011

WRMC Workplace Relations Ministers Council

This Bill forms part of the legislative package for the Marine Safety (Domestic Commercial Vessel) National Law Bill 2012 (the National Law Bill). The financial impact of the National Law has been discussed fully in the Explanatory Memorandum for the National Law Bill.

Remuneration for the additional AMSA Board member will be determined by the Remuneration Tribunal. Remuneration costs will be absorbed by AMSA.

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Bill contains two schedules and should be considered in conjunction with the National Law Bill.

Schedule 1 amends the Australian Maritime Safety Authority Act 1990 (the AMSA Act) to increase the membership of the Australian Maritime Safety Authority (AMSA) board by one member who has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels. The proposed amendments implement the agreement reached in the COAG IGA on Commercial Vessel Safety Reform, which underpins the reform.