Johnson Winter & Slattery is engaged by major businesses, investment funds and government agencies as legal counsel on important transactions and disputes throughout Australia and surrounding regions.
We are continually evolving and adapting our diversity and inclusion programs to better support our people, clients and communities.
Our news and media coverage including major transaction announcements, practitioner appointments and team expansions.
We support a number of community initiatives and not for profit organisations across Australia through pro bono legal work and charitable donations.
Our firm provides a diverse range of opportunities for talented, enthusiastic people to develop brilliant legal careers.
This article sets out an overview of the key proposals drafted under the Maritime Powers Bill 2012 ('Maritime Bill'), the Maritime Powers (Consequential Amendments) Bill 2012 ('Maritime Powers Amendments Bill') and the Marine Engineers Qualifications Bill 2013 ('Marine Engineers Bill'). It also provides a brief summary of the Marine Safety (Domestic Commercial Vessel) National Law Amendment Act 2013 (Cth) ('Marine Safety Amendment Act').
This Bill consolidates the Commonwealth's existing maritime enforcement regime by providing a single framework for use by on-water enforcement agencies. It establishes a system of authorisations under which maritime officers may exercise enforcement powers in the maritime domain.
The Maritime Bill provides maritime officers with a broad set of enforcement powers for use in, and in relation to, maritime areas. These include powers over illegal foreign fishing, customs, migration, quarantine and drug trafficking, as well as international agreements and arrangements at sea. Such powers can be used by a maritime officer to give effect to Australian laws and international agreements. However, an authorisation is necessary to begin the exercise of powers in relation to a vessel or installation.
The Maritime Bill applies to installations3 and Australian vessels.4
A maritime officer exercising powers in relation to a vessel or installation may detain a vessel, take the vessel to a port or to another place that the officer considers appropriate, and remain in control of the vessel, or require the person in charge of the vessel to remain in control of it, at that place until the vessel is released or disposed.
A maritime officer may also exercise maritime powers in relation to:
The Maritime Bill does not authorise the exercise of powers in relation to a foreign vessel5 at a place between Australiaand another country unless the exercise of the powers satisfies certain exceptions.
The Maritime Bill does not authorise the exercise of powers in relation to a foreign installation at a place between Australiaand another country unless such powers exercised are:
The Maritime Bill does not permit the exercise of powers in relation to a vessel or installation in a State or internal Territory unless:
However, powers under the Maritime Bill will be available in respect of vessels in ports in states or internal territories where a maritime officer is enforcing a Commonwealth law in waters navigable from the sea.
In accordance with international law, the exercise of maritime officers' powers is limited in places outside Australia.
The Marine Engineers Bill is a bill to prevent a reduction in marine engineering training by setting minimum standards in relation to the certification of marine engineering and electro-technical competency. This will prevent any reduction in standards that may have occurred or will occur due to the framework established by the National Law Act and the Navigation Act 2012 (Cth) ('Navigation Act').
It will do this by requiring that any marine regulations, such as Marine Orders, be amended by the issuing authority so as to comply with and give effect to the existing Australian standards for engineering training and certification.
Importantly, with the passage of the Navigation Act, existing Australian standards will no longer apply to Australia's merchant trading fleet if the vessel does not trade internationally. The Navigation Act also does not apply to the more than 150 commercial vessels engaged in the Australian oil and gas industry or to other relevant operations.
The passage of the National Law Act has resulted in lower training and certification standards than those required by the Navigation Act. To ensure this reduction in training and certification requirements does not progress, the Marine Engineers Bill proposes that where a commercial vessel is either:
then the engineer requirements on that vessel shall be required to meet the marine engineer training and certification standards set out in the Marine Engineers Bill.
1 A 'maritime officer' is defined as a customs officer; member of the Australian Defence Force; member of the Australian Federal Police; and other persons appointed by the Minister.
2 TheCustoms Act 1901 (Cth); Environment Protection and Biodiversity Conservation Act 1999 (Cth); Fisheries Management Act 1991 (Cth); Torres StraitFisheries Act 1984 (Cth); and Migration Act 1958 (Cth).
3 An 'installation' is defined as an artificial island, installation or structure within the meaning of the Convention.
4 An 'Australian vessel' is defined as an 'Australian ship' within the meaning of section 29 of the Shipping Registration Act 1981 (Cth), or a vessel that is not registered under the law of a foreign country and is either wholly owned by, or solely operated by, one or more residents of Australia and/or Australian nationals.
5 A 'foreign vessel' is defined as a vessel registered in or owned by foreign countries, as well as any vessels without nationality.
Be the first to receive the latest articles, news and publications.
The Western Australian Court of Appeal has followed the High Court’s strict approach reiterating that mining companies cannot “cure” non-compliant applications for mining leases after the fact...
With COP26 fast approaching (31 October 2021 – 12 November 2021), we have put together a quick guide to some of the key words and phrases in the language of climate change and related to the...
On 30 September 2021, the Australian Competition and Consumer Commission (ACCC) announced that it had finalised its review of the liquefied natural gas (LNG) netback price series for the east coast...