Commonwealth Numbered Acts

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 5 of 1994 - SCHEDULE

SCHEDULE
AMENDMENTS OF ACTS
Air Navigation Act 1920
1. After paragraph 3A(2)(h):
Insert:

"(i) the Protocol inserting in the Convention Article 83b is, approved by the
Assembly of the International Civil Aviation Organization on 6 October 1980;
and".
2. Section 4:
After "9" insert ", 9A".
3. After Schedule 9:
Insert:
                            "SCHEDULE 9A                 Section 4

PROTOCOL
relating to an amendment to the Convention on International Civil Aviation
signed at Montreal on 6 October 1980
THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION HAVING MET in
its Twenty-third Session at Montreal on 6 October 1980, HAVING NOTED
Resolutions A21-22 and A22-28 on lease, charter and interchange of aircraft in
international operations,
HAVING NOTED the draft amendment to the Convention on International Civil
Aviation prepared by the 23rd Session of the Legal Committee,
HAVING NOTED that it is the general desire of Contracting States to make a
provision for the transfer of certain functions and duties from the State of
registry to the State of the operator of the aircraft in the case of lease,
charter or interchange or any similar arrangements with respect to such
aircraft,
HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the
Convention on International Civil Aviation done at Chicago on the seventh day
of December 1944,
1. APPROVES, in accordance with the provisions of Article 94(a) of the
Convention aforesaid, the following proposed amendment to the said Convention:
Insert after Article 83 the following new Article 83b is:
'Article 83b is
Transfer of certain functions and duties

   (a)  Notwithstanding the provisions of Articles 12, 30, 31 and 32(a), when
        an aircraft registered in a contracting State is operated pursuant to
        an agreement for the lease, charter or interchange of the aircraft or
        any similar arrangement by an operator who has his principal place of
        business or, if he has no such place of business, his permanent
        residence in another contracting State, the State of registry may, by
        agreement with such other State, transfer to it all or part of its
        functions and duties as State of registry in respect of that aircraft
        under Articles 12, 30, 31 and 32(a). The State of registry shall be
        relieved of responsibility in respect of the functions and duties
        transferred.

   (b)  The transfer shall not have effect in respect of other contracting
        States before either the agreement between States in which it is
        embodied has been registered with the Council and made public pursuant
        to Article 83 or the existence and scope of the agreement have been
        directly communicated to the authorities of the other contracting
        State or States concerned by a State party to the agreement.

   (c)  The provisions of paragraphs (a) and (b) above shall also be
        applicable to cases covered by Article 77.',
2. SPECIFIES, pursuant to the provisions of the said Article 94(a) of the said
Convention, ninety-eight as the number of Contracting States upon whose
ratification the proposed amendment aforesaid shall come into force, and
3. RESOLVES that the Secretary General of the International Civil Aviation
Organization draw up a Protocol, in the English, French, Russian and Spanish
languages, each of which shall be of equal authenticity, embodying the
proposed amendment above-mentioned and the matter hereinafter appearing:
a) The Protocol shall be signed by the President of the Assembly and its
Secretary General.
b) The Protocol shall be open to ratification by any State which has ratified
or adhered to the said Convention on International Civil Aviation.
c) The instruments of ratification shall be deposited with the International
Civil Aviation Organization.
d) The protocol shall come into force in respect of the States which have
ratified it on the date on which the ninety-eighth instrument of ratification
is so deposited.
e) The Secretary General shall immediately notify all Contracting States of
the date of deposit of each ratification of the Protocol.
f) The Secretary General shall immediately notify all States parties to the
said Convention of the date on which the Protocol comes into force.
g) With respect to any Contracting State ratifying the Protocol after the date
aforesaid, the Protocol shall come into force upon deposit of its instrument
of ratification with the International Civil Aviation Organization.
CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,
This Protocol has been drawn up by the Secretary General of the Organization.
IN WITNESS WHEREOF, the President and the Secretary General of the aforesaid
Twenty-third Session of the Assembly of the International Civil Aviation
Organization, being authorized thereto by the Assembly, sign this Protocol.
DONE at Montreal on the sixth day of October of the year one thousand nine
hundred and eighty, in a single document in the English, French, Russian, and
Spanish languages, each of which shall be of equal authenticity. This Protocol
shall remain deposited in the archives of the International Civil Aviation
Organization, and certified copies thereof shall be transmitted by the
Secretary General of the Organization to all States parties to the Convention
on International Civil Aviation done at Chicago on the seventh day of December
1944.". Australian Land Transport Development Act 1988
4. Title:
Repeal the title, substitute:

"An Act to establish a Trust Fund for the purposes of the development and
maintenance of land transport systems, and for related purposes".
5. After paragraph 15(1)(b):
Insert:

"(ba) to an approved railway authority for payment as an additional capital
contribution in respect of a capital railway project to be undertaken by the
authority;".
6. Section 15:
Add at the end:

"(3) An amount is not to be paid out of the Fund to an approved railway
authority as an additional capital contribution in respect of a capital
railway project to be undertaken by the authority unless:

   (a)  in response to an invitation from the Minister under paragraph
        26(1)(c), the authority has submitted to the Minister particulars of
        the project; and

   (b)  if the authority has a corporate plan-the Minister is satisfied that
        the undertaking of the project by the authority is consistent with the
        plan; and

   (c)  it has been agreed:

        (i)    if the authority is incorporated under the Corporations Law of
               a State or of an internal Territory and the Commonwealth is a
               shareholder in the authority-between the other shareholders and
               the Commonwealth; or

        (ii)   in any other case-between the authority and the Commonwealth;
               that shares in the authority having an equivalent nominal value
               to the payment from the Fund will be issued to the
               Commonwealth:

        (iii)  on payment from the Fund to the authority of all of the
               additional capital contributions proposed in respect of that
               project; or

        (iv)   at such later time as is agreed.".
7. Before section 29:
Insert in Part IV:
Manner of application of this Part to different payments from Fund

"28A.(1) The provisions of this Part apply to all payments from the Fund under
paragraph 15(1)(a), (b), (c) or (d).

"(2) Subject to subsection (3), the provisions of this Part apply in respect
of payments from the Fund under paragraph 15(1)(ba) in respect of projects of
approved railway authorities:

   (a)  as if, so far as assets acquired under those projects are concerned,
        paragraph 32(1)(n) were omitted; and

   (b)  as if section 31 and paragraph 32(1)(p) were omitted.

"(3) If an approved railway authority to which payment is made under paragraph
15(1)(ba) is a company incorporated under the Corporations Law of a State or
of an internal Territory, the obligations of the authority and of its
directors and of officers under subsection (2) apply only to the extent that
those obligations are consistent with obligations of the authority and of its
directors and officers under that Corporations Law.".
8. Section 32:
Add at the end:

"(3) Paragraph 32(1)(n) does not apply:

   (a)  to the sale or other disposal to the National Rail Corporation Limited
        of an asset; or

   (b)  to the granting to the National Rail Corporation Limited of a lease of
        an asset having a term of at least 20 years; in accordance with
        subclause 5(5) of the Agreement set out in the Schedule to the
        National Rail Corporation Agreement Act 1992.
        Australian Maritime Safety Authority Act 1990
9. Subsection 26(2):
Omit "reasonable", substitute "reasonably".
Australian National Railways Commission Act 1983
10. Subsections 43(4), (5) and (6):
Omit "$1,000 or imprisonment for 6 months, or both", substitute

"Imprisonment for 6 months".
11. Subsection 66A(7):

   (a)  Omit all words from and including "punishable".

   (b)  Add at the end:

"Penalty: 10 penalty units.".
12. Subsection 69(1):
After "railway" insert "owned or".
13. Subsection 69(2):
After "railways" insert "owned or".
14. Subsection 70(1):
After "railway" insert "owned or".
15. Subsection 78(1):

   (a)  Omit "shall not do any act or thing that, to his knowledge,",
        substitute "must not, intentionally or recklessly, do any act or thing
        that".

   (b)  Omit "$20,000 or imprisonment for 10 years, or both", substitute
        "Imprisonment for 10 years".
16. Subsections 78(3) and (4):
Omit the subsections.
17. Paragraph 79(1)(h):
Omit "a fine of $500 for breaches", substitute "15 penalty units for each
breach".
18. Section 80:
Omit "a fine of $500 for offences", substitute "15 penalty units for each
offence".
Civil Aviation Act 1988
19. Subsection 3(1):
Insert:

" 'Council' means the Council of the International Civil Aviation
Organization;
'country where the aircraft is registered', in relation to an aircraft
registered under a joint registration plan or an international registration
plan, means any Contracting State that is a member of the international
operating agency that established the plan;
'domestic commercial flight' means a flight:

   (a)  that is undertaken wholly within Australia for a purpose prescribed as
        a commercial purpose for the purposes of subsection 27(9); and

   (b)  that is not undertaken as a part of a flight into or out of Australian
        territory;
'foreign registered aircraft' means an aircraft registered:

   (a)  in a foreign country; or

   (b)  under a joint registration plan or an international registration plan;
'international operating agency' has the same meaning as in the Civil Aviation
Regulations;
'international registration plan' has the same meaning as in the Civil
Aviation Regulations;
'joint registration plan' has the same meaning as in the Civil Aviation
Regulations;
'time-in-service', in relation to an aircraft, has the same meaning as in the
Civil Aviation Regulations;".
20. Subsection 3(1) (definition of "Australian aircraft"):
Add at the end:

"Note: Some references to Australian aircraft may be affected by the operation
of section 4A.".
21. Subsection 3(1):
Insert:

" '83 bis agreement' means an agreement entered into under Article 83 bis of
the Chicago Convention;".
22. After section 4:
Insert:
Application to aircraft subject to 83 bis agreements

"4A.(1) In this section:
'function' includes duties;
'this Act' includes the regulations.

"(2) Despite anything in this Act, a provision in this Act (the 'applied
provision') applies to an aircraft that is registered in a Contracting State
as if the aircraft were an Australian aircraft if:

   (a)  an 83 bis agreement to which Australia is a party and which is in
        force has the effect of transferring a function of the Contracting
        State as the State of registry in respect of the aircraft to
        Australia; and

   (b)  the agreement states that the applied provision relates to that
        function.

"(3) Despite anything in this Act, a provision in this Act (the 'disapplied
provision') does not apply to an Australian aircraft if:

   (a)  an 83 bis agreement to which Australia is a party and which is in
        force has the effect of transferring a function of Australia as the
        State of registry in respect of the aircraft to a Contracting State;
        and

   (b)  the agreement states that the disapplied provision relates to that
        function.

"(4) Despite anything in this Act, a reference in this Act (other than
subsections (2) and (3) of this section) to or in relation to:

   (a)  a Contracting State in which an aircraft is registered; includes a
        reference to or in relation to:

   (b)  another Contracting State to which any function of the State of
        registry in respect of that aircraft has been transferred under an 83
        bis agreement that has effect in relation to Australia in accordance
        with Article 83 bis of the Chicago Convention.

"(5) If:

   (a)  Australia has entered into an 83 bis agreement; or

   (b)  an 83 bis agreement to which Australia is a party has been amended;
        the Authority must, as soon as practicable, publish a Gazette notice
        setting out particulars of the agreement or amendment.

"(6) Without limiting subsection (5), the notice must set out:

   (a)  the Contracting State that is the other party to the agreement; and

   (b)  the date of commencement of the agreement or amendment; and

   (c)  the aircraft to which the agreement or amendment relates; and

   (d)  the functions of the State of registry in respect of the aircraft that
        are transferred under the agreement or amendment; and

   (e)  the provisions of this Act that are stated in the agreement or
        amendment to be related to the functions.

"(7) If an 83 bis agreement has ceased to be in force, the Authority must, as
soon as practicable, publish a Gazette notice setting out particulars of that
cessation.

"(8) A notice under subsection (5) or (7) is evidence of the matters stated in
it.".
23. After paragraph 7(a):
Insert:

"(aa) foreign aircraft specified in any 83 bis agreement that has the effect
of transferring functions or duties; and".
24. Before paragraph 7(b):
Insert:

"(ab) the provision of services referred to in section 10A; and".
25. Paragraph 7(b):
Insert "subject to any 83 bis agreement," before "Australian aircraft".
26. After section 10:
Insert:
Additional functions-consultancy services for foreign countries or agencies

"10A.(1) The Authority may, under a contract with a foreign country or with an
agency of a foreign country, provide consultancy services for that country or
agency in relation to the regulation of the safety of air navigation or any
other matter in which the Authority has expertise.

"(2) Those services may include the performance of regulatory functions in
relation to foreign aircraft under the law of a foreign country.".
27. Subsection 19(3):
Omit "Penalty: $500.", substitute "Penalty: 5 penalty units.".
28. Subsection 23A(2):
Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".
29. Subsection 23B(2):
Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".
30. Subsection 27(2):
Omit "Except as authorised by a Certificate", substitute "Except as authorised
by a Certificate, or by a permission under section 27A".
31. After subsection 27(2):
Insert:

"(2A) A Certificate may authorise the flying or operation of an aircraft,
other than the operation of a foreign registered aircraft on domestic
commercial flights, by authorising the flying or operation of aircraft
included in a class of aircraft described in the Certificate.

"(2B) A Certificate may be issued only to a natural person or to a body having
legal personality.".
32. After section 27:
Insert:
Permission for operation of foreign registered aircraft without Air Operator's
Certificate

"27A.(1) If:

   (a)  a person wishes to operate a foreign registered aircraft on domestic
        commercial flights; and

   (b)  the Authority has not entered into an agreement of a kind referred to
        in paragraph 28A(1)(a) that is necessary to permit the issue of an Air
        Operator's Certificate authorising that operation; the person may
        apply for a permission for the aircraft to be so operated.

"(2) The Authority may only grant the permission if it is satisfied that to do
so will not adversely affect the safety of air navigation.

"(3) The permission may be granted only for a period of not more than 7 days
specified in the permission starting on a day specified in the permission.

"(4) A permission has effect subject to any conditions relating to the
operation, maintenance and airworthiness of the aircraft covered by the
permission:

   (a)  that the Authority considers necessary in the interests of the safety
        of air navigation; and

   (b)  that are specified by the Authority in the permission.

"(5) The Authority may, at any time, by written notice given to the holder of
the permission, vary the conditions or impose further conditions if the
Authority considers it necessary to do so in the interests of the safety of
air navigation.

"(6) If the Authority becomes satisfied that it is necessary to do so in the
interests of the safety of air navigation, it may, by oral or written notice
given to the holder of a permission given under this section, cancel the
permission.".
33. Section 28:
Repeal the section, substitute:
Exercise of discretion by Authority

"28.(1) If:

   (a)  a person applies for a permission under this Part (other than a
        permission under section 27A); and

   (b)  the Authority is satisfied that the applicant has complied with, or
        established the capability to comply with, the provisions of this Act,
        and of the regulations, that relate to safety, including provisions
        relating to the competence of persons to do anything that would be
        covered by the permission; the Authority must give the permission.

"(2) If:

   (a)  a person applies for an Air Operator's Certificate under this Part;
        and

   (b)  the Authority is satisfied that the applicant has complied with, or
        established the capability to comply with, the provisions of this Act,
        and of the regulations, that relate to safety, including provisions
        relating to the competence of persons to do anything that would be
        covered by the Certificate; and

   (c)  if the Certificate sought will authorise the operation of a foreign
        registered aircraft on domestic commercial flights-the Authority is
        also satisfied that the additional conditions referred to in
        subsection 28A(1) have been met; the Authority must issue the
        Certificate.

"(3) The Authority must not, under this Part:

   (a)  impose or vary a condition in respect of a permission other than a
        permission under section 27A; or

   (b)  suspend or cancel such a permission; except for the purpose of
        ensuring compliance with the provisions of this Act, and of the
        regulations, that relate to safety.

"(4) Subject to subsection (6), the Authority must not:

   (a)  impose or vary a condition of an Air Operator's Certificate that is
        not a mixed authority Certificate and that authorises the operation of
        a foreign registered aircraft on domestic commercial flights; or

   (b)  impose or vary a condition relating to the authorisation of the
        operation of a foreign registered aircraft on domestic commercial
        flights that is contained in a mixed authority Certificate; or

   (c)  suspend or cancel an Air Operator's Certificate of the kind to which
        paragraph (a) applies or an authorisation of the kind to which
        paragraph (b) applies; except to ensure that the aircraft's operation,
        maintenance and airworthiness are of a standard that the Authority
        considers necessary in the interests of the safety of air navigation.

"(5) Subject to subsection (6), the Authority must not:

   (a)  impose or vary a condition of an Air Operator's Certificate that does
        not authorise the operation of a foreign registered aircraft on
        domestic commercial flights; or

   (b)  impose or vary a condition relating to any authorisation of an
        operation (other than the operation of a foreign registered aircraft
        on domestic commercial flights) that is contained in a mixed authority
        Certificate; or

   (c)  suspend or cancel an Air Operator's Certificate of the kind to which
        paragraph (a) applies or an authorisation of the kind to which
        paragraph (b) applies; except to ensure compliance with the provisions
        of this Act, and of the regulations, relating to safety.

"(6) If a person to whom an Air Operator's Certificate is issued makes a
written request to the Authority for the revocation of the Certificate, the
Authority must cancel the Certificate.

"(7) In this section:
'mixed authority Certificate' means an Air Operator's Certificate authorising:

   (a)  the operation of a foreign registered aircraft on domestic commercial
        flights; and

   (b)  other operations.
Additional conditions for issue of Air Operator's Certificate in relation to
certain foreign registered aircraft

"28A.(1) The additional conditions of which the Authority must be satisfied
for the purposes of paragraph 28(2)(c) are:

   (a)  that the Authority has entered into agreements with:

        (i)    the authority responsible for regulating civil aviation in the
               country where the aircraft is registered; and

        (ii)   if, when the application for the Certificate is made, the
               aircraft is operating in another country under an Air
               Operator's Certificate, or a document to substantially the same
               effect, issued by the authority responsible for regulating
               civil aviation in that other country (a 'foreign
               certificate')-the body that issued the foreign certificate; and

   (b)  that each agreement sets out the areas of responsibility of the
        parties to the agreement in relation to the supervision of flight
        operations, the maintenance, and the airworthiness, of aircraft
        covered by the agreement; and

   (c)  that the applicant has informed the Authority:

        (i)    of the aircraft's type, serial number and registration marks;
               and

        (ii)   of the country where the aircraft is registered; and

        (iii)  of the name and address of the person in whose name the
               aircraft is registered; and

   (d)  that the applicant has informed the Authority:

        (i)    of the age and total time-in-service of the aircraft; and

        (ii)   of the country in which any person who operated the aircraft in
               the period of one year immediately before the application for
               the certificate had his or her principal place of business; and

        (iii)  of the country or countries in which maintenance, other than
               daily maintenance, was carried out on the aircraft during that
               year; and

   (e)  that the applicant has given the Authority a copy of either:

        (i)    the certificate of airworthiness of the aircraft; or

        (ii)   a document to substantially the same effect as such a
               certificate; that was issued by the authority responsible for
               regulating civil aviation in the country where the aircraft is
               registered; and

   (f)  that the applicant has given the Authority a statement that the
        aircraft complies with the airworthiness requirements of Annex 8 of
        the Chicago Convention or with such other airworthiness standard as
        the Authority directs; and

   (g)  if the aircraft is leased-that the applicant has given the Authority:

        (i)    the name and address of the person responsible for operational
               control of the aircraft under the lease agreement (whether or
               not that person is the applicant); and

        (ii)   a statement signed by that person to the effect that that
               person, together with the other parties to the lease agreement,
               understand their respective responsibilities under the
               applicable regulations; and

   (h)  if the aircraft is leased-that the applicant for the certificate has
        given the Authority a description of the lease provisions.

"(2) In this section:
'daily maintenance', in relation to an aircraft, means maintenance carried out
on a daily basis, and, without limiting the generality of the expression,
includes pre-flight inspections and servicing but does not include:

   (a)  scheduled maintenance of the aircraft; or

   (b)  checks of the aircraft's systems; or

   (c)  maintenance of the aircraft to comply with an airworthiness directive
        issued by an authority responsible for civil aviation; or

   (d)  any modifications of, or repairs to, the aircraft.".
34. Subsection 30A(6):
Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".
35. Section 30A:
Add at the end:

"(9) In this section:
'civil aviation authorisation' includes an Air Operator's Certificate.".
36. Subsection 32AB(3):
Omit the subsection, substitute:

"(3) A person must not, without reasonable excuse, fail to comply with
subsection (2). Penalty: 1 penalty unit.".
37. Subsection 32AJ(2):
Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".
38. Subsection 32AK(2):
Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".
39. Subsection 65(7):
Omit ", and the person shall comply with the requirement".
40. Subsection 65(8):
Omit the subsection, substitute:

"(8) A person must not, without reasonable excuse, fail to comply with a
requirement under subsection (7). Penalty: 2 penalty units.".
41. Subsections 66(2A), (3A), (3B), (5A) and (6A):
Omit "Prices Surveillance Authority Act 1983", substitute " Prices 
Surveillance Act 1983 ".
42. Paragraph 98(3)(p):
Omit "$5,000.", substitute "50 penalty units.".
Civil Aviation (Carriers' Liability) Act 1959
43. Section 22H:
Renumber the section as section 25H.
Federal Airports Corporation Act 1986
44. Subsection 16(3):
Omit "Tribunals", substitute "Tribunal".
45. Subsection 42(1):
Omit "section (1A)", substitute "subsection (1A)".
46. Subsections 56(2A), (4A), (4B), (6A) and (7AA):
Omit "Prices Surveillance Authority Act 1983", substitute " Prices 
Surveillance Act 1983 ".
47. Paragraph 72(1)(h):
Insert "or Federal airport development sites" after "Federal airport".
48. Paragraph 72(1)(p):
Insert "or Federal airport development sites" after "Federal airport".
49. Paragraph 72(1)(q):
Insert "or Federal airport development sites" after "Federal airport".
Interstate Road Transport Act 1985
50. Subsection 4A(6):
Omit "to" (fourth occurring).
Lighthouses Act 1911
51. Subsection 8(2):
Omit "the Minister or any authorized officer", substitute "the Authority or
authorised person".
Navigation Act 1912
52. Subsection 6(1) (paragraph (c) of the definition of "consul"):
Omit "d'affairs", substitute "d'affaires".
53. Subsection 6(1) (definition of "ship"):
After "except in" insert "Part IIIA, in".
54. Subsection 15(1A):
Omit the subsection.
55. Paragraph 15(2)(a):
Omit all the words after "to be evidenced,", substitute "including, in
particular, the obtaining of certificates and other documents to be held by
masters, officers and seamen as evidence that they are qualified masters,
officers or seamen of particular designations for the purposes of this Act;".
56. Paragraphs 15(2)(d) and (e):
Omit ", seamen and pilots", substitute "and seamen".
57. Subsection 139(1):
Omit the penalty.
58. Subsection 139(2):
Add at the end the following penalty:

"Penalty: 10 penalty units.".
59. Subsection 173(2):
Omit "paragraph (1)(b)", substitute "subsection (1)".
60. After Part III:
Insert:

"PART IIIA-PILOTAGE
Application of Part

"186A.(1) In this section:
'Australian coastal sea' has the same meaning as in section 8.

"(2) This Part applies only to pilots and pilotage in relation to ships in, or
in transit to or from, any part of Australian coastal sea that is specified in
the regulations.

"(3) Subject to subsection (1), this Part applies to all ships, including
ships to which Part II does not apply.

"(4) Section 2 does not have effect in relation to a provision of this Part.

"(5) This Part is not intended to affect the operation of any law of a State
or Territory governing pilots or pilotage in relation to a port in the State
or Territory.".
Definitions:

"186B. In this Part:
'certificate' includes a licence issued to a pilot under regulations made
under section 186C;
'licensed pilot' means a person who is licensed as a pilot under this Act.
Qualifications of pilots etc.

"186C.(1) For the purposes of this Part, the regulations may make provisions
in relation to:

   (a)  standards of competence to be attained; and

   (b)  other conditions to be satisfied by a person in order to be licensed
        as a pilot under this Act; and

   (c)  licensing of pilots.

"(2) Without limiting subsection (1), the conditions may include conditions as
to age, character, health, nationality, citizenship or residence.

"(3) Without limiting subsection (1), regulations made for the purposes of
that subsection may make provision in relation to any of the following:

   (a)  the manner in which the attainment of a standard or the satisfaction
        of a condition is to be evidenced, including the obtaining of
        certificates and other documents to be held by pilots as evidence that
        they are licensed as pilots under this Act;

   (b)  the issue, recall, surrender, replacement, form and recording of such
        certificates and other documents;

   (c)  the duration, variation, renewal, suspension and cancellation of such
        certificates and other documents;

   (d)  the instruction, training and examination of pilots, including the
        gaining of sea service and other experience, the conduct of
        examinations, the conditions for admission to examinations and the
        appointment and remuneration of examiners;

   (e)  the recognition, for the purposes of this Act, in whole or in part and
        whether conditionally or unconditionally, of certificates and other
        documents granted or issued to or in respect of pilots under this Act
        as in force before this section's commencement, or under the laws of a
        State or Territory;

   (f)  the reconsideration of decisions made under regulations made for the
        purposes of subsection (1);

   (g)  the exemption of persons, in whole or in part and whether
        conditionally or unconditionally, from any requirement under
        regulations made for the purposes of subsection (1).

"(4) In subsection (3), 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
Regulations may make other provisions relating to pilotage etc.

"186D. For the purposes of this Part, the regulations may also make provisions
in relation to:

   (a)  the duties of a licensed pilot and the manner in which a licensed
        pilot is to discharge his or her duties; and

   (b)  the professional relationship between a licensed pilot and the master
        or other officers of a ship, including provisions in relation to the
        professional liability of a licensed pilot and limitation of that
        liability; and

   (c)  the keeping and maintaining by a licensed pilot of records relating to
        pilotage carried out by the pilot.
Unqualified person performing duties of licensed pilot

"186E.(1) A person who is not a licensed pilot must not knowingly:

   (a)  represent himself or herself to be a licensed pilot; or

   (b)  without reasonable excuse, perform duties that are the duties of a
        licensed pilot under the regulations. Penalty: 20 penalty units.

"(2) A person must not knowingly take another person who is not a licensed
pilot into employment to perform duties that, under the regulations, are the
duties of a licensed pilot. Penalty: 20 penalty units.
Abuse of alcohol and other drugs

"186F.(1) If a licensed pilot is, while on board a ship, under the influence
of alcohol or any other drug (whether medicinal or otherwise) to such an
extent that the person's capacity to carry out the person's duties as pilot is
impaired, the person is guilty of an offence. Penalty: Imprisonment for 12
months.

"(2) If:

   (a)  a licensed pilot is, while on board a ship, under the influence of
        alcohol or any other drug (whether medicinal or otherwise) to such an
        extent that the person's capacity to carry out the person's duties as
        pilot is impaired; and

   (b)  the impairment causes or contributes to:

   (i)  the loss or destruction of, or damage to, the ship, its cargo or
        equipment; or

   (ii) the loss or destruction of, or damage to, another ship, its cargo or
        equipment; or

   (iii) death or injury to another person; the person is guilty of an
        offence. Penalty: Imprisonment for 2 years.".
61. Subsection 329B(1):
Omit "322,".
62. Subsection 389A(6):
Omit "or seaman", substitute ", seaman or pilot that is issued under this
Act".
63. Section 389A:
Add at the end:

"(7) For the purposes of subsection (6), 'certificate', in relation to a
pilot, includes a licence issued to a pilot under regulations made under
section 186C.".
64. Subsection 397(2):
Omit "subsections 125(1),", substitute "subsection 125(1), section 186E,
subsections".
65. Section 401:
Add at the end:

"(4) In this section:
'certificate' includes a licence issued to a pilot under regulations made
under section 186C.".
66. Subsection 410(1):
Add at the end the following penalty:

"Penalty: 5 penalty units.".
67. Subsection 425(1AA):
After "III," insert "IIIA,".
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
68. Schedule 13 (clause 5 of the Preamble to Resolution MEPC.51(32)):
Omit "MAROL", substitute "MARPOL".
69. Schedule 13 (paragraph (3)(a) of new Regulation 16):
Omit "reguirements", substitute "requirements".
Qantas Sale Act 1992
70. Part 5 of the Schedule (amendment of the Federal Airports  Corporation Act
1986 ):
Omit the amendment, substitute:
Federal Airports Corporation Act 1986
71. Subsection 3(1) (paragraph (g) of the definition of 'authority of the
Commonwealth'):
Omit ', other than Qantas Airways Limited'.".
Seafarers Rehabilitation and Compensation Act 1992
72. Section 3 (definitions of "Comcare" and "Comcare officer"):
Omit "CERC Act", substitute "Safety Rehabilitation and Compensation Act 1988
".
73. Section 3 (definition of "trainee"):
Omit the definition, substitute:

" 'trainee' means:

   (a)  a company trainee; or

   (b)  an industry trainee;".
74. Section 3 (definition of "CERC Act"):
Omit the definition.
75. Section 3:
Insert:

" 'authorised insurer' means a general insurance company under the
Insurance Act 1973 or an insurer that carries on State insurance (whether or
not the State insurance extends beyond the limits of the State concerned);
'company trainee' means a person (other than an industry trainee) who:

   (a)  although ordinarily employed or engaged as a seafarer, is not so
        employed or engaged but is undergoing a training course as required by
        his or her employer; or

   (b)  is undergoing a training course as required by his or her employer
        before becoming a seafarer;
'industry trainee' means a person (other than a company trainee) who:

   (a)  although ordinarily employed or engaged as a seafarer, is not so
        employed or engaged but is undergoing an approved industry training
        course; or

   (b)  is undergoing an approved industry training course before becoming a
        seafarer;
'journey', in relation to a journey to which subsection 28(6), 49(6A) or
50(2A) applies, includes part of that journey;".
76. Subsection 4(1) (paragraph (b) of the definition of "employee"):
Omit the paragraph, substitute:

"(b) a company trainee; or

   (ba) an industry trainee; or".
77. Subsection 4(1) (paragraph (c) of the definition of "employee"):
After "person" insert "(other than a company trainee or an industry trainee)".
78. Subsection 4(2):
Omit the subsection, substitute:

"(2) For the purposes of this Act, an industry trainee or a person mentioned
in paragraph (c) of the definition of 'employee' is taken to be employed by
the Fund until he or she next becomes a seafarer, and his or her employment is
taken to be constituted by his or her attendance:

   (a)  in the case of an industry trainee-at an approved industry training
        course; and

   (b)  in the case of a person mentioned in paragraph (c) of the definition
        of 'employee'-at a Seafarers Engagement Centre for the purpose of
        registering availability for employment or engagement on a prescribed
        ship.".
79. Subsection 4(3):

   (a)  After "seafarer" (first occurring) insert "or of a company trainee".

   (b)  After "seafarer" (second occurring) insert "or company trainee".
80. Paragraph 9(2)(c):
Omit "prescribed", substitute "required".
81. Paragraph 9(2)(d):
Insert "if the employee is a person mentioned in paragraph (c) of the
definition of 'employee' in subsection 4(1)-" before "while".
82. Subparagraph 9(2)(e)(v):
Omit "an approved industry training course", substitute "a required course of
training".
83. Subsection 9(3):
Omit "(1)(e)(i)", substitute "(2)(e)(i)".
84. Subsection 9(4):
Omit "(1)", substitute "(2)".
85. Section 9:
Add at the end:

"(5) In this section:
'required course of training' means:

   (a)  in relation to a company trainee-a training course that the trainee
        was required by the employer to undergo; or

   (b)  in relation to an industry trainee-an approved industry training
        course.".
86. Subsection 13(5):
Omit "industrial agreement", substitute "certified agreement".
87. Paragraph 13(6)(b):
Omit "industrial agreement", substitute "certified agreement".
88. After subsection 19(1):
Insert:

"(1A) In addition, this Act applies to the employment of employees on any
prescribed ship that is:

   (a)  an off-shore industry vessel in relation to which a declaration under
        subsection 8A(2) of the Navigation Act is in force; or

   (b)  a trading ship in relation to which a declaration under subsection
        8AA(2) of that Act is in force.".
89. Subsection 19(5):
Omit "This Act does not apply", substitute "Subsection (3) does not have the
effect of applying this Act".
90. Section 20:
Omit "CERC Act", substitute " Safety Rehabilitation and Compensation  Act 1988
".
91. Subsections 28(6) and (7):
Omit the subsections, substitute:

"(6) Subject to subsection (7), if compensation in respect of the cost of
medical treatment is payable under subsection (1), the employer is liable to
pay to the employee an amount of compensation in respect of expenditure
reasonably incurred by the employee in doing either or both of the following:

   (a)  making a journey necessary for the purpose of obtaining that medical
        treatment;

   (b)  remaining, for the purpose of obtaining that treatment, at a place to
        which the employee has made a journey for that purpose.

"(6A) The amount of compensation that the employer is liable to pay in respect
of the journey is:

   (a)  in relation to a journey by means of public transport or ambulance
        services-an amount equal to the expenditure reasonably incurred in
        undertaking that journey; or

   (b)  in relation to a journey by means of private motor vehicle-an amount
        worked out using the formula:
Specified rate per kilometre - Number of kilometres travelled where:
'Specified rate per kilometre' means such rate per kilometre as the Minister
specifies by written notice under this paragraph in respect of journeys to
which this paragraph applies;
'Number of kilometres travelled' means the number of whole kilometres that the
employer determines to have been the reasonable length of such a journey
(including the return part of the journey).

"(6B) The amount of compensation that the employer is liable to pay in respect
of the employee remaining at a place for the purpose of obtaining the
treatment is an amount equal to the expenditure so reasonably incurred in
remaining for that purpose.

"(7) Compensation is not payable under subsection (6) unless:

   (a)  in relation to a journey to which paragraph (6A)(a) applies-the
        employee's injury reasonably required the use of public transport or
        ambulance services (as the case may be) regardless of the distance
        involved; or

   (b)  in relation to a journey to which paragraph (6A)(b) applies-the
        reasonable length of such a journey exceeded 50 kilometres.".
92. Subsection 28(8):
After "(6)" insert ", (6A), (6B)".
93. Subsection 29(10):
Omit "this section", substitute "subsection (3) or (4)".
94. Subsection 30(2):
Omit "$1,889.60", substitute "$3,500".
95. Subsection 39(8):
Omit the subsection, substitute:

"(8) Subsection (7) does not apply to one or more of the following:

   (a)  the impairment constituted by the loss, or the loss of the use, of a
        finger;

   (b)  the impairment constituted by the loss, or the loss of the use, of a
        toe;

   (c)  the impairment constituted by the loss of the sense of taste;

   (d)  the impairment constituted by the loss of the sense of smell.".
96. Section 48:
Omit "CERC Act", substitute " Safety Rehabilitation and Compensation  Act 1988
".
97. Subsection 49(6):
Omit all the words after "examination of an employee".
98. After subsection 49(6):
Insert:

"(6A) Subject to subsection (6C), the employer is liable to pay to the
employee an amount of compensation in respect of expenditure reasonably
incurred by the employee in doing either or both of the following:

   (a)  making a journey necessary for the purpose of undergoing the
        examination;

   (b)  remaining, for the purpose of undergoing the examination, at a place
        to which the employee has made a journey for that purpose.

"(6B) The amount of compensation that the employer is liable to pay in respect
of the journey is:

   (a)  in relation to a journey by means of public transport or ambulance
        services-an amount equal to the expenditure reasonably incurred in
        undertaking that journey; or

   (b)  in relation to a journey by means of private motor vehicle-an amount
        worked out using the formula:
Specified rate per kilometre - Number of kilometres travelled where:
'Specified rate per kilometre' means such rate per kilometre as the Minister
specifies by written notice under this paragraph in respect of journeys to
which this paragraph applies;
'Number of kilometres travelled' means the number of whole kilometres that the
employer determines to have been the reasonable length of such a journey
(including the return part of the journey).

"(6C) The amount of compensation that the employer is liable to pay in respect
of the employee remaining at a place for the purpose of undergoing the
examination is an amount equal to the expenditure so reasonably incurred in
remaining for that purpose.

"(6D) Compensation is not payable under subsection (6A) unless:

   (a)  in relation to a journey to which paragraph (6B)(a) applies-the
        employee's injury reasonably required the use of public transport or
        ambulance services (as the case may be) regardless of the distance
        involved; or

   (b)  in relation to a journey to which paragraph (6B)(b) applies-the
        reasonable length of such a journey exceeded 50 kilometres.".
99. Subsection 49(7):
Omit "subsection (6)", substitute "subsections (6A), (6B), (6C) and (6D)".
100. After subsection 50(2):
Insert:

"(2A) Subject to subsection (2C), the employer is liable to pay to the
employee an amount of compensation in respect of expenditure reasonably
incurred by the employee in doing either or both of the following:

   (a)  making a journey necessary for the purpose of undertaking the
        rehabilitation program;

   (b)  remaining, for the purpose of undertaking the program, at a place to
        which the employee has made a journey for that purpose.

"(2B) The amount of compensation that the employer is liable to pay in respect
of the journey is:

   (a)  in relation to a journey by means of public transport or ambulance
        services-an amount equal to the expenditure reasonably incurred in
        undertaking that journey; or

   (b)  in relation to a journey by means of private motor vehicle-an amount
        worked out using the formula:
Specified rate per kilometre - Number of kilometres travelled where:
'Specified rate per kilometre' means such rate per kilometre as the Minister
specifies by written notice under this paragraph in respect of journeys to
which this paragraph applies;
'Number of kilometres travelled' means the number of whole kilometres that the
employer determines to have been the reasonable length of such a journey
(including the return part of the journey).

"(2C) The amount of compensation that the employer is liable to pay in respect
of the employee remaining at a place for the purpose of undertaking the
rehabilitation program is an amount equal to the expenditure so reasonably
incurred in remaining for that purpose.

"(2D) Compensation is not payable under subsection (2A) unless:

   (a)  in relation to a journey to which paragraph (2B)(a) applies-the
        employee's injury reasonably required the use of public transport or
        ambulance services (as the case may be) regardless of the distance
        involved; or

   (b)  in relation to a journey to which paragraph (2B)(b) applies-the
        reasonable length of such a journey exceeded 50 kilometres.

"(2E) In deciding questions arising under subsections (2A), (2B), (2C) and
(2D), the employer must have regard to the following matters:

   (a)  the means of transport available to the employee for the journey;

   (b)  the route or routes by which the employee could have travelled;

   (c)  the accommodation available to the employee.".
101. Subsection 59(1):
Omit "This section", substitute "Subject to subsection (1A), this section".
102. After subsection 59(1):
Insert:

"(1A) A reference in subsection (1) to compensation paid for the benefit of a
dependant under this Act does not include a reference to compensation paid
under subsection 29(5).".
103. Section 65:
Repeal the section, substitute:
Claims may not be made in certain cases

"65. If an amount is paid for the benefit of a dependant of a deceased
employee under subsection 29(3) or (4), no other dependant of that employee is
entitled to claim compensation under either of those subsections after the day
on which that amount is so paid.".
104. After subsection 66(1):
Insert:

"(1A) An employee must not be required to be examined by more than one legally
qualified medical practitioner in any examination that the employee is
required to undergo under subsection (1).".
105. Subsection 93(4):
Omit the subsection.
106. Subsection 97(4):
Omit the subsection.
107. Subsection 119(3):
Omit the subsection, substitute:

"(3) At a meeting of the Authority:

   (a)  the quorum is formed by at least 3 members; and

   (b)  the following members must be present:

        (i)    at least one member referred to in paragraph 109(a) or (b); and

        (ii)   at least one member referred to in paragraph 109(c); and

        (iii)  at least one member referred to in paragraph 109(d).".
108. Subsection 119(7):
Omit "and the Deputy Chairperson is present at the meeting".
109. Subsection 119(8):
Omit the subsection.
110. Paragraph 129(1)(d):
Omit "policy or insurance", substitute "policy of insurance".
111. Paragraph 130(4)(b):
Omit "or".
112. Paragraph 130(4)(c):
Omit the paragraph.
113. Section 142:

   (a)  After "10(1)(b)," insert "paragraph 28(6A)(b),".

   (b)  After "44(3)," insert "paragraph 49(6B)(b) or 50(2B)(b), or
        subsection".
Seafarers Rehabilitation and Compensation Levy Act 1992
114. Section 7:
Add at the end:

"(2) Before advising the Governor-General about the making of a regulation
under subsection (1), the Minister must consult the Authority with respect to
the following matters:

   (a)  the need to ensure that the Fund has adequate financial reserves for
        the purposes of its prudential management;

   (b)  reasonable estimates of the Fund's present and future liabilities
        under the Seafarers Rehabilitation and Compensation Act 1992;

   (c)  the cost of administering the Authority in connection with the
        performance or exercise of the Fund's functions, powers and
        obligations under that Act.

"(3) A failure to consult as required by subsection (2) does not affect the
validity of a regulation made under subsection (1).".
Telecommunications Act 1991
115. Section 5:
Insert:

" 'allocation', in relation to a number in respect of telecommunications
services to be provided across a public telecommunications network, includes
reservation for the future use of that number;".
116. Subsections 88(1) and (2):
Omit "fact", substitute "information".
117. Subsection 88(3):
Omit "a fact or document", substitute "information or a document".
118. Paragraphs 88(3)(d) and (e):
Omit "fact", substitute "information".
119. Subparagraph 88(3)(e)(i):
After "information" insert "or a document".
120. Subparagraphs 88(3)(h)(iii), (ha)(iii), (i)(iii), (ia)(iii), (l)(iii) and
(la)(ii):
Omit "fact", substitute "information".
121. Subsection 88(4):
Omit "a fact or document", substitute "information or a document".
122. Paragraphs 88(4)(a) and (c):
Omit "fact", substitute "information".
123. Subparagraph 88(4)(c)(i):
After "information" insert "or a document".
124. Subparagraphs 88(4)(f)(ii), (fa)(ii), (g)(ii) and (ga)(ii):
Omit "fact", substitute "information".
125. Subsection 88(5):
Insert:

" 'information' includes opinion;".
126. After section 241:
Insert:
Allocation of numbers to be in accordance with section 242

"241A. On and after the commencement of this section, any allocation of a
number in respect of telecommunications services to be provided across a
public telecommunications network must be made in accordance with section
242.".
127. Subsections 242(3) and (4):
Omit the subsections, substitute:

"(3) If a person (including a carrier):

   (a)  is, or has been, allocated a number by AUSTEL under subsection (1); or

   (b)  is, or has been, otherwise allocated a number in respect of
        telecommunications services to be provided across a public
        telecommunications network; or

   (c)  otherwise controls the allocation of a number in respect of such
        telecommunications services; the person may allocate that number to
        another person in respect of such telecommunications services only
        under this subsection.

"(4) An allocation of a number under subsection (1) or (3) must be made in
accordance with:

   (a)  the policies set out in the national numbering plan; and

   (b)  any determination under section 242B applicable in relation to that
        number.".
128. After section 242:
Insert (in Division 2 of Part 11):
Charges in respect of allocation or use of numbers

"242A.(1) In this section:
'numbers' means numbers in respect of telecommunications services to be
provided across a public telecommunications network;
'use', in relation to a number, means the continuing use of that number by a
person after the allocation of that number to that person.

"(2) This section applies to:

   (a)  the use, after this section commences, of numbers allocated before or
        after this section commences; and

   (b)  any further allocation, after this section commences, of numbers
        allocated before or after this section commences; and

   (c)  any allocation of numbers made after this section commences.

"(3) Subject to subsection (4), nothing in this Act or the
Telecommunications (Numbering Fees) Act 1991 prevents a person from charging a
fee in respect of any allocation or use of numbers to which this section
applies.

"(4) Such a fee may only be charged in accordance with:

   (a)  the policies set out in the national numbering plan; and

   (b)  any determination under section 242B applicable in relation to that
        number.
Conditions in respect of allocation or use of numbers

"242B.(1) In this section:
'numbers' means numbers in respect of telecommunications services to be
provided across a public telecommunications network;
'use', in relation to a number, means the continuing use of that number by a
person after the allocation of that number to that person.

"(2) This section applies to:

   (a)  the use, after this section commences, of numbers allocated before or
        after this section commences; and

   (b)  any further allocation, after this section commences, of numbers
        allocated before or after this section commences; and

   (c)  any allocation of numbers made after this section commences.

"(3) AUSTEL may, in writing, determine conditions that are applicable in
relation to any allocation or use of numbers to which this section applies.

"(4) A determination is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.

"(5) AUSTEL must not determine conditions that are inconsistent with the
policies set out in the national numbering plan.

"(6) Without limiting subsection (3), AUSTEL may determine under that
subsection conditions including:

   (a)  conditions relating to the prohibition of, or any restrictions on, the
        allocation or use of numbers; or

   (b)  conditions relating to the charging of fees in relation to the
        allocation or use of numbers.
Note 1: An example of a condition referred to in paragraph (6)(a) is a
condition to the effect that a number which was allocated by a carrier to a
user of telecommunications services provided by that carrier does not revert
to that carrier merely because the user has elected to have the services
provided by another carrier.
Note 2: An example of a condition referred to in paragraph (6)(b) is a
condition specifying the basis on which a fee in relation to the allocation of
a number is to be calculated. Another example of a condition referred to in
that paragraph is a condition prohibiting the charging of fees in relation to
classes of numbers.
Note 3: AUSTEL may issue directions to a carrier in respect of compliance of
these conditions (see sections 39 and 46).".
Transport and Communications Legislation Amendment Act 1991
129. Schedule (amendment to subsection 65(2) of the Federal Airports
Corporation Act 1986):
Omit "(d)", substitute "(e)".
NOTES ABOUT SECTION HEADINGS
1. On the day on which the Navigation Act 1912 is amended by this Act, the
heading to section 15 of that Act is altered by omitting ", seamen and pilots"
and substituting "and seamen".
2. On the day on which the Seafarers Rehabilitation and Compensation  Act 1992
is amended by this Act, the heading to section 20 of that Act is altered by
omitting "CERC Act employees" and substituting "employees within the meaning
of the Safety Rehabilitation and Compensation Act  1988 ".