May 31, 2012

Shipping Registration Amendment (Australian International Shipping Register) Bill 2012 – Amendments

Mr ALBANESE (Grayndler—Leader of the House and Minister for Infrastructure and Transport) (12:30):  I present a supplementary explanatory memorandum to the bill and seek leave to move government amendments (1) to (9) together.

Leave granted.

Mr ALBANESE:  I move:

(1) Schedule 1, item 25, page 9 (lines 26 to 28), omit paragraphs 15F(2)(b) and (c), substitute:

(b) any information contained in the ship’s port state control inspection records in relation to the period prescribed by the regulations; and

(c) the ship’s classification society records in relation to the period prescribed by the regulations; and

(2) Schedule 2, item 13, page 28 (line 15), omit the heading to Division 1, substitute:

Division 1—Application of other laws to International Register ships

(3) Schedule 2, item 13, page 28 (line 16), omit the heading to section 61AA, substitute:

61AA Application of other laws to International Register ships

(4) Schedule 2, item 13, page 28 (lines 18 to 22), omit paragraphs 61AA(a) and (b), substitute:

(a) the Fair Work Act 2009 does not apply in relation to when the ship is used to engage in international trading; and

(b) the Seafarers Rehabilitation and Compensation Act 1992 does not apply in relation to the ship at any time; and

(5) Schedule 2, item 13, page 28 (lines 26 and 27), omit “when the ship is used to engage in international trading”, substitute “the ship at any time”.

(6) Schedule 2, item 13, page 29 (line 30), after “this Division”, insert “when the ship is used to engage in international trading”.

(7) Schedule 2, item 13, page 35 (lines 8 and 9), omit “when it was engaged in international trading”.

(8) Schedule 2, item 13, page 35 (line 17), omit “when it was engaged in international trading”.

(9) Schedule 4, item 7, page 56 (lines 5 to 10), omit the definition of owner, substitute:

owner of a ship means one or more of the following:

(a) a person who has a legal or beneficial interest in the ship;

(b) a person with overall general control and management of the ship;

(c) a person who has assumed responsibility for the ship from a person referred to in paragraph (a) or (b).

For the purposes of paragraphs (b) and (c), a person is not taken to have overall general control and management of a ship, or to have assumed responsibility for a ship, merely because he or she is the master or pilot of the ship.

I move that amendments be made to the Shipping Registration Amendment (Australian International Shipping Register) Bill 2012. The amendments to this bill ensure that one of the core objectives of the international register is fully met—that is, that international registered ships are able to compete on a level playing field with their foreign registered counterparts. The amendments provide that the Seafarers Rehabilitation and Compensation Act 1992, as well as state and territory workers compensation legislation, do not apply to ships registered in the international register. This reduces the regulatory burden and allows the operating costs for these ships to align more closely with those of foreign flagged competitors. In order to ensure that seafarers on these vessels are adequately protected, the amendments also require shipowners to have insurance or indemnity policies that meet the minimum requirements outlined in the bill at all times wherever the ship is located.

Other amendments are largely technical in nature to clarify certain issues and to ensure consistency between related legislation. I commend the amendments to the House.