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2004-2005-2006-2007
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
MARITIME LEGISLATION AMENDMENT BILL 2007
EXPLANATORY MEMORANDUM
(Circulated by Authority of the Parliamentary Secretary to the Minister for Transport
and Regional Services, the Honourable De-Anne Kelly MP)
MARITIME LEGISLATION AMENDMENT BILL 2007
OUTLINE
The Maritime Legislation Amendment Bill 2007 (the Bill) facilitates the integration of
the Australian Maritime College (the AMC) with the University of Tasmania and
amends the Australian Maritime Safety Authority Act 1991 (the AMSA Act) to clarify
the Australian Maritime Safety Authority's (AMSA's) authority to release information.
The Bill repeals the Maritime College Act 1978 (the AMC Act), transfers all AMC
assets and liabilities to the University and provides a set of transitional provisions to
ensure continuity of AMC's ongoing operations within the University structure going
into the future.
The transitional provisions contain funding conditions for a period of five years that the
University must comply with in order to access certain Australian Government funding
provided under the Higher Education Support Act 2003, and establish a mechanism to
assess compliance involving the Minister for Transport and Regional Services. These
provisions are intended to ensure that the AMC continues to play a significant role as a
national provider of maritime training and education following the integration. The Bill
requires the Minister to conduct review of the integration before the end of five years.
The Bill also amends the AMSA Act by inserting a new Section 11 in the Act to clarify
AMSA's powers in relation to sharing of information for the specific purposes of maritime
domain awareness (including maritime security), maritime safety, protection of the marine
environment and efficiency of maritime transportation. This information includes data
from a new international long range identification and tracking system for ships, which
comes into force on 1 January 2008. AMSA has been tasked to receive information from
the new system on behalf of Australia for distribution to other government agencies
through the Australian Maritime Identification System (AMIS). AMSA receives vessel
movement information from other sources, which also is to be fed into AMIS for
distribution to other Government agencies, including security, intelligence, police,
customs, immigration, environment, transport and fisheries agencies, to improve whole of
government maritime domain awareness. There is currently no specific legal authority for
AMSA to share information gathered for its purposes with other parties.
The information authorised to be released by the Bill will extend to States and Territories,
port authorities and coastal pilot service providers, who could use AMSA's information to
improve navigation safety, environment protection and transport efficiency, including such
areas as improved vessel traffic management, port infrastructure planning and operations.
The information will be released only for the purposes specified in the Bill.
FINANCIAL IMPACT STATEMENT
There are no direct resource implications from the Bill. The 2007-08 Budget includes a
figure of $61.4m representing the consolidated net assets that will be gifted to the
University as a result of the integration. There is no direct financial impact from
amending the AMSA Act.
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MARITIME LEGISLATION AMENDMENT BILL 2007
NOTES ON CLAUSES
Clause 1: Short title
1. This clause is a formal provision that provides for the Bill, when enacted, to be
cited as the Maritime Legislation Amendment Act 2007.
Clause 2: Commencement
2.1 Clause 2 provides for the commencement of the provisions of the Bill.
2.2 This clause provides that all provisions of the Act commences on the day on
which it receives the Royal Assent, apart from Schedule 1 which is to commence on
day to be fixed by proclamation; the latest date for such a proclamation is 1 January
2009. It is envisaged that the commencement date for Schedule 1 shall be 1 January
2008.
2.3 This commencement by proclamation provision allows the Government to
ensure that Schedule will not come into force before the Government-General has made
a proclamation following advice from the Government that all details, including an
agreement on use and disposal of AMC land assets, have been finalised. Prior to
proclamation it will also be necessary for an instrument to be created by the University
establishing the Australian Maritime College as an institute within the University and
meeting the requirements of Condition 1.1 under Item 16 of Schedule 1.
2.4 The Bill allows a relatively late proclamation date for Schedule 1 provisions to
allow for the possibility that the integration related provisions will not come into force
on 1 January 2008, in which case the integration would be possible by 1 January 2009.
These dates reflect the calendar year basis on which academic institutions operate.
Clause 3: Schedule(s)
3.1 By virtue of this clause, the provisions of the Act specified in a Schedule are
amended or repealed as set out in the applicable items in the Schedule concerned and
any other item in a Schedule has effect according to its terms.
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SCHEDULE 1 INTEGRATION OF THE AUSTRALIAN MARITIME
COLLEGE WITH THE UNIVERSITY OF TASMANIA.
Schedule 1 repeals the Maritime College Act 1978 (AMC Act) and provides the
transitional provisions related to the integration of the Australian Maritime College
(AMC) with the University of Tasmania (the University).
Schedule 1 has 5 parts. Part 1 contains the preliminary section providing the definitions
of the terms used in this Schedule. Part 2 is single provision repealing the Maritime
College Act 1978 (the AMC Act) while Part 3 deals with other general transitional
provisions related to the integration. Part 4 contains the transitional provisions dealing
with the new institute set up within the University. Part 5 contains consequential
amendments to other Acts as a result of the integration.
Part 1 Preliminary
Part 1 has one item, Item 1, providing definitions of terms used in Schedule 1.
Item 1 Definitions
1.0 Item 1 of this Schedule defines twenty three relevant terms used in Schedule 1 of
the Bill. The definitions are self explanatory and are provided to add clarity to the
meaning of the terms used in this Schedule.
1.1 The terms which have been defined are:
acquisition of property
AMC institute
AMC institute funding
asset
asset official
Board
College
Education Minister
financial assets
Heads of Agreement
initial post integration period
instrument
integration time
just terms
land
land registration official
liability
members
old law
post-integration year
Principal
University
University funding
University funding agreement
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Part 2 Repeal of the Maritime College Act 1978 (AMC Act)
The AMC Act is the principal Australian Government legislation dealing with the role
and function of the AMC, the constitution of the Council of the AMC, and the role,
responsibilities and powers of its members. Part 2 of Schedule 1 deals with the AMC
Act, and it has a single item.
Item 2 Repeal of the Maritime College Act 1978
2.0 Item 2 of the Bill repeals the whole of the AMC Act.
This item repeals the AMC Act to facilitate integration of the AMC with the University.
Integration will make the AMC an institute within the University and is conditional on
the AMC ceasing to be an independent institute governed by an Australian Government
Act. The repeal of the AMC Act facilitates incorporation of the AMC within the
University structure.
Part 3 General Transitional Provisions
Part 3 of the Bill contains general transitional provisions necessary to facilitate the
integration of the AMC with the University, consistent with the approach agreed by the
AMC, the University and the Australian Government. These transitional provisions
flow from the decision to repeal the AMC Act and integrate the AMC with the
University. These provisions deal with assets of the AMC, its current and future
liabilities and obligations, and give effect to the agreement between the AMC, the
University and the Australian Government
DIVISION 1 - ASSETS, LIABILITIES AND LEGAL PROCEEDINGS
Division 1 contains the mechanical provisions dealing with the transfer of AMC's assets
to the University following the integration. This part also contains the provisions
dealing with current and future liabilities of the AMC. These provisions give effect to
the terms agreed between the AMC, the University and the Australian Government.
Item 3 Vesting of Assets of College
3.0 Consistent with the agreed approach to integrate the AMC with the University,
this item transfers all current assets held by the AMC at the time of the integration to the
University. The University becomes the successor in law in relation to these assets.
Item 4 Vesting of liabilities of College
4.0 Consistent with the approach to the integration agreed by the AMC, the
University and the Australian Government, this provision transfers all liabilities, as
defined by Item 1, of the AMC at the time of integration to the University. This
provision makes the University the successor in law of the AMC in relation to these
liabilities.
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Item 5 Certificates relating to vesting of land
5.0 This is a standard provision dealing with the mechanism to vest land assets. This
item applies if vesting of land assets of the AMC to the University is done by lodging a
certificate signed by the Minister that identifies the land and states that the land has
been vested to the University. Subsection 5(2) provides that the land registration
official, as defined in Item 1, may give effect to the certificate and register the land in
the way land assets are usually registered in the jurisdiction.
Item 6 Certificates relating to vesting of assets other than land
6.0 This item is similar to Item 5 in application and deals with the mechanism to vest
assets other than land assets. Item 6 applies if such vesting of AMC assets is done by
lodging a certificate signed by the Minister that identifies the asset and states that the
asset has been vested to the University. Subsection 6(2) provides that the assets official,
as defined in Item 1, may give effect to the certificates and take necessary action to give
effect to the vesting of the assets.
Item 7 Substitution of University as a party to pending proceedings
7.0 As a consequence of repeal of the AMC Act the AMC will cease to exist as an
independent legal entity. This provision clarifies that the AMC will be substituted by
the University in all pending legal proceedings before any court or tribunal from the
time of integration. The University has agreed to this arrangement. This provision will
ensure that the Australian Government will not become a party by default to any legal
proceedings to which the AMC was a party immediately before the integration.
Items 8 Transfer of custody of College records
8.0 This is a standard provision dealing with records held by a Commonwealth entity
when such an entity ceases to be a Commonwealth entity.
8.1 The AMC is currently a Commonwealth entity within the meaning of the
Commonwealth Authorities and Companies Act (1997) (CAC Act) and the Archives Act
1983 (AA) provide that records which are currently held by the AMC are
Commonwealth records. Subitem 8.1 provides that the subitem 8(2), dealing with
transfer of records and documents held by the AMC, applies to any record or document
that was held by the AMC at the time of the integration.
8.2 Subitem 8(2) provides that all records and documents under custody of the AMC
at the time of integration will be transferred to the Commonwealth. Considering that
the University may want access to essential records, the Minister may direct the transfer
of relevant records, subject to the National Archives' agreement, at a later time.
8.3 Subitem 8(3) provides that accounting records transferred to the Commonwealth
will be kept for seven years by the Commonwealth after the integration. This provision
mirrors subsection 20(2) of the CAC Act which requires a CAC Act body to keep the
records for seven years. This will allow access to the records by past members of the
Council in case of legal proceedings.
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8.4 Subsection 27L(2) of the CAC Act gives the right of access to a person who has
ceased to be a director of a Commonwealth entity to the records, financial statements
and documents for seven years for the purposes of legal proceedings. Subsection 8(4)
ensures that the former members of the AMC Council will have access to the records
consistent with the CAC Act provision after the records have been transferred to the
Commonwealth.
DIVISION 2 REFERENCE TO, AND THINGS DONE BY OR IN RELATION TO,
THE COLLEGE
This division contains a number of provisions arising consequential to the repeal of the
AMC Act and the integration of the College with the University. The Division 2
provisions deal with the mechanism to address AMC's current and future obligation
arising from the operation of laws or from contracts or other form of legally binding
agreements.
Item 9 References in instruments
9.0 Item 9 deals with instruments, as defined in Item 1 of this Schedule, and clarifies
how to address the situation when the AMC is mentioned in an instrument after the
integration of the College with the University. Generally Item 9 provides that the
University is to substitute the AMC when there is a reference to the AMC in an
instrument.
9.1 Subitem 9(1) substitutes the AMC with the University if any instrument is in force
immediately before the integration time and that instrument contains a reference to the
College.
9.2 Similarly subitems 9(2) and 9(3) provide that if there is any instrument in force at
the time of integration containing a reference to a member of the staff of the College, or
a student of the College, that instrument would remain in effect from the date of
integration as if the references were to a member of the staff of the University or a
student of the University.
9.3 The Heads of Agreement negotiated between the University and the AMC
negotiated in October 2006 concerning the integration is specifically excluded from this
provision.
9.4 Subitem 9(4) is a provision that recognises that there may be situations in which it
will be inappropriate to substitute the AMC with the University in an instrument, when
it refers to the College, or a member of the College's staff or a student. Subitem 9(4)
gives the Minister the power to make a determination in writing in respect of a specified
reference in an instrument so that subitems 9(1), 9(2) and 9(3) would not operate in
respect of that particular reference. Although subitem 9(4) will apply to, for example,
contracts and thus affect individual rights, the scope of power is very limited. The
Minister can only rule that the items do not apply. More substantial changes can only
be done through regulations.
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9.5 Subitem 9(5) is linked to subitem 9(4) and provides that regulations, made under
Item 14 of this Part, may specifically substitute any other person or body in a reference
instead of the University, or a staff or student of the University, when a determination
has been made by the Minister in accordance with subitem 9(4).
9.6 Item 9(6) is included to assist the reader by clarifying that determinations are not
legislative instruments within the meaning of section 5 of the Legislative Instruments
Act 2003 (LIA).
Item 10 Operation of laws
10.0 Subitem 10(1) relates to things done by, or in relation to, the AMC before the
integration date. It provides that for the purpose of operation of laws of the
Commonwealth after integration, those things will be taken to have done by, or in
relation to the University. This provision clearly identifies where the obligations or
benefits would generally be placed after the integration. This provision is consistent
with the terms of agreement between the College, the University and the Australian
Government.
10.1 Recognising that it may not be appropriate to transfer all obligations or benefits to
the University given the wide remit of the term `anything done by or in relation to the
AMC', subitem 10(2) introduces flexibility by empowering the Minister to make
written directions if subitem 10(1) is not to apply to a specified thing done by, or in
relation to, the AMC. As in subitem 9(4), the scope of power is very limited, the
Minister can only rule that the items do not apply. More substantial changes can only
be done through regulations.
10.2 Subitem 10(3) provides that regulations, made under Item 14 of this Part, may
provide a specified thing for which the Minister has made a direction under subitem
10(2), to be taken to have been done by, or in relation to a specified person or body
other than the university. This is a provision intended to cover the potential situation
that a simple determination may often may not enough and a person or body may need
to be specified.
10.3 Subitem 10(4) is an explanatory provision clarifying that, for the purpose of this
item, doing a thing includes making an instrument, as defined in Item 1.
10.4 Subitem 10(5) is included to assist the reader, by clarifying that a determination is
not a legislative instrument within the meaning of the section 5 of the LIA.
Item 11 Financial statements and reporting requirements
11.0 The AMC will cease to exist as an independent entity when the Act comes into
force. Depending on the date of integration, there are likely to be outstanding
obligations, particularly in regard of preparation and submission of report and financial
statements required under the CAC Act. Item 11 provides the mechanism through
which these obligations will be met.
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11.1 Subitem 11(1) covers the situation where reports (including financial statements)
were due by law for a period ending on a date after the integration. Subitem 11(1)
makes the Board of the AMC institute, as defined by item 1, responsible for providing
the report covering the part of the reporting period prior to integration.
11.2 Subitem 11(2) covers the situation when the AMC was required to provide a
report (including a financial statement) by law for a period that ended prior to the
integration but had not been provided. Subitem 11(2) requires the AMC Board to
provide the report as required by law.
11.3 Subitem 11(3) clarifies that reporting obligations under a law remain unchanged
and the Board will have to provide all reports that the College would have provided.
DIVISION 3 MISCELLANEOUS
Division 3 of Part 3 of Schedule 1 has three miscellaneous items relevant to Part 3.
Item 12 Exemption from stamp duty and other State or Territory taxes
The Act repeals the AMC Act and transfers AMC's assets and liabilities to the
University, which is a Tasmanian entity. Item 12 expressly exempts the
Commonwealth from any such duties and taxes arising from the operation of any State
or Territory laws, which in this context mainly relates to Tasmanian laws.
Item 13 Certificates taken to be Authentic
13.0 Item 13 is a declaratory provision mainly related to Items 5 and 6 of this Part.
This item declares the principle that a certificate issued under this part is to be treated
prima facie as an authentic certificate given properly unless proven otherwise.
Item 14 Regulations
14.0 Item 14 is a general provision keeping open the scope to make regulations in
relation to provisions of this part. The regulation making power conferred to the
Governor-General is wide. Subitem 14(1) confers the power to make regulations that
prescribe matters required or permitted by Part 3, or matters necessary or convenient to
be prescribed for carrying out or giving effect to the provisions. Subitem 14(2)
expressly provides that, in particular, regulations may be made prescribing matters of a
transitional nature that are required as a consequence of the repeal of the AMC Act.
Part 4 Transitional provisions relating to the AMC institute
Part 4 contains the transitional provisions necessary to facilitate the transfer of the AMC
to the University consistent with the approach agreed between the AMC, the University
and the Australian Government. These provisions are designed to ensure delivery of the
benefits intended to accrue from integration while safeguarding the Commonwealth's
interests, by ensuring that the AMC remains Australia's national institution for maritime
education, training and research. The transitional provisions contain funding conditions
that the University must comply with in order to access certain Australian Government
8
funding provided under the Higher Education Support Act 2003 (HESA), and the
mechanism to assess compliance involving the Minister for Transport and Regional
Services. These provisions are intended to ensure that the AMC continues to play a
significant role as a provider of maritime training and education following the
integration. In addition to the funding conditions specified in the Bill, future National
Institutes funding provided under HESA to the University in respect of the AMC will be
required to be utilised by the AMC.
Item 15 AMC institute funding
15.0 Item 15 identifies the funding element that would be tied to conditions related to
the integration through the University funding agreement. This funding element is
defined as `AMC institute funding'.
15.1 The definition of "AMC institute funding' is tied to the University funding
agreement (defined in Item 1) that would govern Australian Government funding to the
University for a period of a year or more under section 30-25 of the HESA during the
first five year period.
15.2 Total Australian Government funding to the University is from a number of
different programmes and not all are amenable to specific funding conditions. The
conditions will apply to Commonwealth Grant Scheme (CGS) funding under HESA,
which is provided annually to the University under HESA. The Bill itself does not
provide the quantum of CGS funding that would be subject to the conditions in Part 4.
This will be specified in the on-going University funding agreements between the
University and the Department of Education, Science and Training.
15.3 Subitem 15(1) provides that the University funding agreement for a year
following integration (in the first five year period) must specify a portion or a method to
calculate the portion of the University funding for the year that would be the AMC
institute funding. Subitem 15(2) provides that the portion so specified would be AMC
institute funding for the year as defined under the Act. The specific conditions in Items
16 and 17 relate only to the portion of fund defined as "AMC institute funding".
Item 16 Review of Integration after 3 months
16.0 Item 16 provides the mechanism and the details of the one-off review process to
be conducted by the Minister for Transport and Regional Services within 28 days
following the initial three month period following the integration.
16.1 Subitem 16(1) clarifies that AMC institute funding for the University under
HESA, for the first 5 year period, will be subject to satisfactory assessment and
certification by the Minister for Transport and Regional Services. This will ensure that
integration is implemented according to the agreement between the AMC, the
University and the Australian Government and that the University has done the things
necessary to incorporate the AMC into its structure.
The Note in subitem 16(1) clarifies that the Minister for Education, who has the
necessary powers under HESA, may require the University to repay AMC institute
funding if the assessment of the Minister for Transport is unsatisfactory.
9
16.2 Subitem 16(2) provides the mechanism and detail for the one-off review process,
to be conducted by the Minister. It provides a table of conditions which must be met for
a smooth integration. Subitem 16(2) also provides that the Minister must assess
whether the University has complied with these conditions and provide a certificate to
this effect within 28 days following the initial three month post-integration period.
Item 16, in effect, gives the University 3 months to ensure that it complies with the
outlined set of conditions and has set up an institute, namely the Australian Maritime
College, in accordance with the Head of Agreement (HOA) between the University and
the AMC. This with ensure that the institute will have a well defined role as a provider
of maritime training, education and research within the University, with its own Board
with delegated authority and sufficient autonomy, and a Principal.
16.3 The conditions against which the University will be assessed are given in the table
in 16.2. By referencing the HOA concerning the integration negotiated between the
University and the College in October 2006, these conditions are designed to ensure that
at integration no AMC student or staff member will be disadvantaged. In particular,
there will be no involuntary redundancies of employees of AMC as a direct result of
integration. The assessment will also confirm that the AMC institute continues to have
priority access to all land and other assets originally belonging to the AMC, and that the
University has not disposed off any such asset during the initial post-integration period.
Item 17 Annual Review of integration during first 5 years
17.0 In addition to the initial review conducted immediately following integration,
Item 17 provides for an annual review of integration arrangements over the first 5 years
of post integration operation. Item 17 provides funding conditions, which have been
agreed to by the University, and a mechanism of annual assessment to ensure that the
University has complied with these conditions to ensure that the AMC institute can
continue to operate effectively as a provider of maritime training and education. The
objective is to safeguard ongoing operations of the AMC following integration.
17.1 Subitem 17(1) clarifies that AMC institute funding for the University under the
University funding agreement for each post-integration year will be subject to
satisfactory assessment and certification by the Minister. The Note in subitem 17(1)
clarifies that the Minister for Education, who has the necessary powers under HESA,
may require the University to repay AMC institute funding if the assessment by the
Minister for Transport is unsatisfactory.
17.2 Subitem 17 (2) contains the list of conditions designed to ensure that the AMC
continues to operate as a leading provider of maritime training, education and research.
Subitem 17(2) provides, as in Subitem 16(2), that the Minister for Transport must assess
whether the University has complied with all conditions and provide a certificate to this
effect within 60 days following each post-integration year.
10
17.3 Subitem 17(2) gives the Minister 60 days after the end of a post-integration year
to assess and certify that the University has complied with the conditions in subitem
17(2). The conditions against which the assessment will be made are given in the table
and it is likely that the assessment will involve a simple checklist. Although it is
envisaged that the University will make suitable Ordinances to give effect to the
conditions, the Bill leaves the option open for the University to decide the mechanism
for meeting the conditions.
17.4 Table item 1.1 again refers to the HOA and requires the University to demonstrate
that there remains an institute within the University, named the Australian Maritime
College set up in accord with the HOA, with its own Principal and Board and that the
institute is primarily engaged in maritime training, education and research.
17.5 Table items 2.1 and 2.2 provide the details in relation to how the AMC institute
Board is to be constituted. The objective is to ensure that the AMC institute has a
Board that is reasonably independent and is capable of giving strategic leadership to a
maritime training institute operating within the higher education environment.
17.6 Table item 3.1 provides the reporting requirement for the AMC institute Board to
the Minister before the end of each year, the format of the report having been agreed
within six months of integration.
17.7 Table item 3.2 sets the condition related to the annual reporting requirements.
These are similar to AMC's current reporting requirements under section 32A of the
AMC Act. The reports will allow the Minister to assess against the agreed performance
standards and to assess whether the AMC institute has maintained its maritime focus
and capability.
17.8 Table item 3.3 provides that it is a condition that the Minister is satisfied with the
report.
17.9 Table item 4.1 provides for the AMC institute to have priority access to land or
other assets that originally belonged to the AMC and which have not been disposed off
during the year. This is to address the risk that the University may marginalise the
AMC institute after integration by using AMC land and other assets for other purposes.
17.10 Table item 5.1 provides the conditions to be met if any land or other assets is
disposed off during the year. In addition to requiring that the University consult the
Board before any disposal, it also envisages an agreement between the University and
the Australian Government in relation to land or other assets which will have to be
complied with. This condition will ensure that the University does not unilaterally sell
land or other assets originally belonging to the AMC.
17.11 Table item 6.1 sets the condition that the University must notify the Minister at
least 12 months before any significant reduction of the operations of the AMC institute.
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Item 18 Review of Integration
18.0 Item 18 is a review provision requiring the Minister to cause a review between 4
year 6 months and 5 years of integration in a manner and form determined by the
Minister and following consultation with the University.
18.1 Item 18 also requires a report to be provided to the Minister by the person
undertaking the review and the Minister to table the report within 15 sitting days of
receiving it in each House of the Parliament. Following this review the Minister will
consider whether it is necessary to impose special conditions on the University for any
further period; if it does so, they will be implemented through the ongoing funding
agreement between the University and the Department of Education, Science and
Training.
Item 19 Delegation by Minister
19.0 Item 19 is a standard provision giving the Minister the powers to delegate all or
any part of his or her function or powers under the Part 4 of this Act to the Secretary of
the Department of Transport and Regional Services, an SES employee of the
Department, or an acting SES employee.
19.1 Item 19(2) provides that in performing a delegated function, written Ministerial
directions must be followed.
Part 5 Consequential amendments
Schedule 2 contains amendments arising consequential to the repeal of the Maritime
College Act 1978, to:
· the Higher Education Support Act 2003;
· the Legislative Instruments Act 2003;
· the Public Works Committee Act; and
· the Remuneration Tribunal Act 1973.
These are all technical amendments to the text, repealing relevant provisions referring to
AMC in the above Acts.
Higher Education Support Act 2003 (HESA)
Item 20 Subsection 16-15(1)
20.1 HESA replaces Higher Education Funding Act 1998 as the new legislation
dealing with funding of Australian Universities. HESA came into force in 2005.
20.2 Item 20 of Schedule 2 of the Bill amends the HESA. The amendment is a
technical amendment to the text repealing a table item referring to the Australian
Maritime College in subsection 16-15(1) of HESA. This is a consequential amendment
arising from the repeal of the AMC Act.
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Legislative Instruments Act 2003 (the LIA)
The LIA establishes a comprehensive regime for the registration, tabling, scrutiny and
sunsetting of Commonwealth legislative instruments. The Act commenced on 1 January
2005.
Item 21 Subsection 44(2)
21.1 Item 21 of Schedule 2 of the Bill amends the LIA. The amendment is a
technical amendment to repeal a table item from section 44 of the LIA which refers to
statutes made under the Maritime College Act 1978. This is an amendment arising from
repeal of the Maritime College Act 1978.
Item 22 Subsection 54(2)
22.1 Item 22 of Schedule 2 of the Bill repeals Table Item 23 in section 54(2) of the
LIA which refers to statutes made under the Maritime College Act 1978.
Public Works Committee Act 1969 (PWCA)
23.0 The PWCA sets out the constitution and powers of the Parliamentary Standing
Committee on Public Works.
Items 23, 24 Section 6A
23.1 Subsection 6A(2) exempts certain commonwealth bodies from the remit of the
PWCA. Items 23 and 24 are consequential technical amendments to the text arising
from the repeal of the AMC Act. These amendments remove references to AMC from
the text of PWCA.
Remuneration Tribunals Act 1973 (RTA)
25.0 The RTA sets up a tribunal and provides the tribunal with the power to
determine a range of allowances and entitlements for holders of public offices
Items 25 Subsection 3(1)
Item 25 Subsection 3(1)
25.1 Item 25 is a consequential amendment to the text of the RTA arising from repeal
of the AMC Act. Section 3 of the RTA is the interpretation section which includes a
reference to the AMC in relation to the definition of Executive education office in
subsection 3(1).
Item 26 Subsection 5(2)
25.2 Item 26 is another amendment to the text of the RTA arising from the repeal of
the AMC Act. Section 5 of the RTA prescribes the function of the tribunal which
includes, in subsection 5(2), a reference to the AMC. This item removes the reference
to the AMC from this provision.
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SCHEDULE 2 INFORMATION SHARING BY AMSA
Australian Maritime Safety Authority Act (1990) (the AMSA Act)
Schedule 2 amends the AMSA Act. It has a single item.
Item 1 New section 11 Disclosure of Information
1.0 Item 1 of this Schedule inserts a new section 11 in the AMSA Act after section
10. The new section clarifies AMSA's powers in relation to disclosure of information
in possession of AMSA.
1.1 The proposed subsection 11(1) defines the types and kinds of information to
which this section applies. The provision includes information in possession of AMSA
obtained from any source at any time and by any means, including information required
to be provided to AMSA by law. .
1.2 The new subsection 11(2) gives AMSA the powers to disclose the information to
any person, subject to terms and conditions specified by AMSA for any of the purposes
listed in this subsection. The new section will provide express authority for AMSA to
release information for the specific purposes of maritime domain awareness (including
maritime security), maritime safety, protection of the marine environment and
efficiency of maritime transportation, and information will only be released for these
purposes.
1.3 In this context "efficient transport" is a term intended largely to address private
sector uses, as well as uses by governments to improve the efficiency of transport
operations. Examples of how an agency might use information for transport efficiency
purposes could include, for example (i) through input into infrastructure planning and
development such as navigation aids or port facilities, siting of other marine uses
against shipping lanes such as aquaculture or oil facilities, (ii) ports and stevedores may
want to track ships for advance warning to improve berth management/allocations, (iii)
cargo owners may want to know where ships carrying their cargoes are to assist in
logistics chain planning and scheduling, (iv) coastal pilot service providers could track
ships to ensure the availability of sufficient pilots to meet demand, especially in remote
areas such as Torres Strait or the far north of the GBR Marine Park.
1.4 AMSA's information sharing will be governed by specified internal procedures
that will be subject to audit processes. In relation to the future sharing of information
with third parties, AMSA intends having agreements with these parties specifying the
conditions on which information is released and how it is handled in relation to the
requirements of the Privacy Act 1988, including an AMSA audit function.
14
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