ADMIRALTY ACT 1988 - NOTES

ADMIRALTY ACT 1988 - NOTES

No. 34, 1988

Compilation No. 22

Compilation date: 18 February 2022

Includes amendments up to: Act No. 3, 2022

Registered: 24 February 2022

About this compilation

This compilation

This is a compilation of the Admiralty Act 1988 that shows the text of the law as amended and in force on 18 February 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

3 Interpretation

4 Maritime claims

5 Application

6 Certain rights not created or affected

7 External Territories

8 Act to bind Crown

Part II--Jurisdiction in Admiralty

9 Admiralty jurisdiction in personam

10 Jurisdiction of superior courts in respect of Admiralty actions in rem

11 Jurisdiction of other courts in respect of Admiralty actions in rem

12 Jurisdiction in associated matters

13 Restriction to Admiralty and maritime jurisdiction

Part III--Rights to proceed in Admiralty

14 Admiralty actions in rem to be commenced under this Act

15 Right to proceed in rem on maritime liens etc.

16 Right to proceed in rem on proprietary maritime claims

17 Right to proceed in rem on owner's liabilities

18 Right to proceed in rem on demise charterer's liabilities

19 Right to proceed in rem against surrogate ship

20 Service on and arrest of only one ship

21 Re-arrest

22 Service and arrest out of jurisdiction

23 Service and Execution of Process Act not to apply

24 Proceeds

25 Limitation of liability under Liability Conventions

26 Proceedings under Civil Liability Convention

26A Proceedings in accordance with the Bunker Oil Convention

Part IV--Transfer and remittal of proceedings

27 Transfer

28 Remittal

29 Security in relation to stayed or dismissed proceedings

30 Power to deal with ship or other property

Part V--Miscellaneous

31 Effect of judgment

32 Powers of Federal Court in relation to register

33 Co-ownership disputes

34 Damages for unjustified arrest etc.

35 Priorities: general maritime claims

36 Statutory powers of detention

37 Limitation periods

38 Mode of trial

39 Jurisdictional limits

40 Courts to act in aid of each other

41 Rules

42 Rules Committee

43 Regulations

Part VI--Repeals and amendments of Imperial legislation

44 Colonial Courts of Admiralty Act

45 Repeal of certain Imperial laws

46 Merchant Shipping Act

47 Transitional

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history