Legislation, Legislation In force, Commonwealth Legislation
Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth)
An Act to regulate coastal trading, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Coastal Trading (Revitalising Australian Shipping) Act 2012.
Coastal Trading (Revitalising Australian Shipping) Act 2012
No. 55, 2012
Compilation No. 5
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Coastal Trading (Revitalising Australian Shipping) Act 2012 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Constitutional basis for Act
5 Simplified outline
Part 2—Interpretation
6 Definitions
7 Meaning of coastal trading
Part 3—Provisions relating to the application of this Act
8 Extension to Territories
9 Act to bind the Crown
10 Act does not apply to certain vessels
11 Minister may exempt certain vessels or persons
12 Application to vessels on intrastate voyages
Part 4—Licences
Division 1—General licences
Subdivision A—Application for, and grant of, general licences
13 Application for general licence
14 Application may be varied or withdrawn
15 Deciding applications
16 Grant of general licence
17 Application taken to be granted in certain circumstances
18 Issue of general licence
19 When general licence is in force
20 Refusal of application
Subdivision B—Conditions of general licences
21 Conditions imposed on all general licences
22 Additional conditions may be imposed by Minister
23 Breaching condition of general licence
Subdivision C—Renewal, cancellation and surrender of general licences
24 Renewal of general licence
25 Cancellation of general licence
26 Surrender of general licence
Subdivision D—Miscellaneous
27 Reporting requirements for general licences
Division 2—Temporary licences
Subdivision A—Application for, and grant of, temporary licences
28 Application for temporary licence
29 Application may be withdrawn
30 Publication and notification of application
31 Holder of general licence may give notice in response
32 Process if notice in response received
33 Comments by third parties
34 Minister to decide applications
35 Grant of temporary licence
36 Application taken to be granted in certain circumstances
37 Issue of temporary licence
38 When temporary licence is in force
39 Refusal of application
Subdivision B—Conditions of temporary licences
40 Conditions imposed on all temporary licences
41 Additional conditions may be imposed by Minister
42 Breaching condition of temporary licence
Subdivision C—Variation of matters authorised by temporary licences
43 Application to vary matters authorised by temporary licence
44 Application may be withdrawn
45 Consultation on proposed variation
46 Minister to decide application
47 Grant of variation to temporary licence
47A Application taken to be granted in certain circumstances
48 Issue of varied temporary licence
49 Refusal of application
Subdivision D—Variation of temporary licences to include new matters
50 Application of Subdivision
51 Application to vary temporary licence
52 Application may be withdrawn
53 Process for deciding application
54 Time for deciding application
55 Grant of variation to temporary licence
56 Application taken to be granted in certain circumstances
57 Issue of varied temporary licence
58 Refusal of application
Subdivision E—Cancellation and surrender of temporary licences
59 Cancellation of temporary licence
60 Surrender of temporary licence
Subdivision F—Miscellaneous
61 Voyage notification requirements for temporary licences
62 Reporting requirements for temporary licences
63 Inappropriate use of temporary licence
Division 3—Emergency licences
Subdivision A—Application for, and grant of, emergency licences
64 Application for emergency licence
65 Application may be varied or withdrawn
66 Deciding applications
67 Grant of emergency licence
68 Application taken to be granted in certain circumstances
69 Issue of emergency licence
70 When emergency licence is in force
71 Refusal of application
Subdivision B—Conditions of emergency licences
72 Conditions imposed on all emergency licences
73 Additional conditions may be imposed by Minister
74 Breaching condition of emergency licence
Subdivision C—Miscellaneous
74A Voyage notification requirements for emergency licences
75 Reporting requirements for emergency licences
Division 4—Miscellaneous
76 Requests for further information—general and emergency licence applications
77 Requests for further information—temporary licence applications
78 Basis on which licences granted
Part 5—Enforcement
Division 1—Requiring people to give information and produce documents or things
Subdivision A—Notices to give information or produce documents or things
79 Notice to give information or produce document or thing
80 Department may retain documents and things
Subdivision B—Offence and related provisions
81 Failure to comply with notice etc.
82 Self‑incrimination etc.
Division 2—Civil penalty provisions
83 Engaging in coastal trading without licence
84 Breaching condition of exemption—vessels
85 Breaching condition of exemption—persons
Division 3—Civil penalty proceedings
Subdivision A—Obtaining a civil penalty order
86 Civil penalty orders
87 Civil enforcement of penalty
88 Conduct contravening more than one civil penalty provision
89 Multiple contraventions
90 Proceedings may be heard together
91 Civil evidence and procedure rules to apply
92 Contravening a civil penalty provision is not an offence
Subdivision B—Miscellaneous
93 Ancillary contravention of civil penalty provisions
94 Continuing contraventions of civil penalty provisions
95 Mistake of fact
96 State of mind
97 Civil penalty provisions contravened by employees, agents or officers
98 Civil penalty provisions contravened by executive officers
99 Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
Division 4—Infringement notices
100 Enforceable provisions
101 When an infringement notice may be given
102 Matters to be included in an infringement notice
103 Extension of time to pay amount
104 Withdrawal of an infringement notice
105 Effect of payment of amount
106 Effect of this Division
Part 6—Miscellaneous
Division 1—Review of decisions
107 Review by the Administrative Review Tribunal
Division 2—Appointment of authorised persons etc.
108 Appointment of authorised persons
109 Identity cards
Division 3—Disclosure of information
110 Disclosure of information by the Secretary
Division 4—Miscellaneous
111 Delegation
112 Customs treatment of certain vessels
113 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to regulate coastal trading, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Coastal Trading (Revitalising Australian Shipping) Act 2012.
2 Commencement
This Act commences on 1 July 2012.
3 Object of Act
(1) The object of this Act is to provide a regulatory framework for coastal trading in Australia that:
(a) promotes a viable shipping industry that contributes to the broader Australian economy; and
(b) facilitates the long term growth of the Australian shipping industry; and
(c) enhances the efficiency and reliability of Australian shipping as part of the national transport system; and
(d) maximises the use of vessels registered in the Australian General Shipping Register in coastal trading; and
(e) promotes competition in coastal trading; and
(f) ensures efficient movement of passengers and cargo between Australian ports.
(2) This Act aims to achieve its object by the following means:
(a) ensuring that a vessel that is used to engage in coastal trading under a general licence has unrestricted access to Australian waters;
(b) ensuring that a vessel that is used to engage in coastal trading has access to Australian waters under a temporary licence that is limited in time and to voyages authorised by the licence;
(c) ensuring that a vessel that is used to engage in coastal trading under an emergency licence has the access to Australian waters required to deal with the emergency to which the licence relates.
4 Constitutional basis for Act
(1) Without limiting its effect apart from this section, this Act applies to activities of, or matters that relate to, the following:
(a) a vessel engaged in trade and commerce:
(i) among the States; or
(ii) between a State and a Territory; or
(iii) between 2 Territories;
(b) a vessel that is external to Australia;
(c) a vessel of which the owner, or any of the owners, is a constitutional corporation;
(d) a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia's obligations under an international agreement;
(e) a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth agency;
(f) navigation or shipping, to the extent that the navigation or shipping relates to trade and commerce:
(i) among the States; or
(ii) between a State and a Territory; or
(iii) between 2 Territories;
(g) things that are incidental to activities or matters referred to in any of the above paragraphs.
(2) For the purposes of subsection (1), an activity of, or a matter that relates to, a vessel includes, but is not limited to, an activity done by a person, or in relation to a person, in the capacity of owner of the vessel or seafarer working on the vessel.
(3) For the purposes of subsection (1), external to Australia means:
(a) beyond the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973; or
(b) any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory.
Note: For the baseline see Australia's territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.
5 Simplified outline
The following is a simplified outline of this Act:
• This Act regulates coastal trading by providing for licences to be granted that authorise vessels to carry passengers or cargo between ports in Australia. Using a vessel to engage in coastal trading without a licence may lead to a pecuniary penalty being imposed for the contravention of a civil penalty provision.
• Part 2 contains definitions for the Act, including a definition of coastal trading and voyage.
• Part 3 contains provisions relating to the application of the Act to various kinds of vessels, including provisions allowing the Minister to grant exemptions from the Act for vessels and people.
• Part 4 sets out the 3 kinds of licences (general licences, temporary licences and emergency licences) that may be granted and the application process for each. It also deals with matters such as conditions of licences and the cancellation of licences.
• Part 5 contains provisions relating to the enforcement of the Act.
• Part 6 deals with miscellaneous matters such as the review of certain decisions by the Administrative Review Tribunal and the delegation of the Minister's and Secretary's functions and powers under the Act.
Part 2—Interpretation
6 Definitions
(1) In this Act:
acceptable tolerance limits means:
(a) in relation to cargo authorised to be carried on a vessel under a temporary licence—not more than 20% more, or less, of the volume of cargo authorised to be carried under the licence; or
(b) in relation to passengers authorised to be carried on a vessel under a temporary licence—not more than 20% more, or less, of the number of passengers authorised to be carried under the licence; or
(c) in relation to a loading date—5 days before or after the loading date.
Australia, when used in a geographical sense, includes the external Territories.
Australian General Shipping Register has the same meaning as in the Shipping Registration Act 1981.
Australian International Shipping Register has the same meaning as in the Shipping Registration Act 1981.
Australian nationality: a vessel has Australian nationality if it is a ship that has Australian nationality within the meaning of the Shipping Registration Act 1981.
authorised person means a person appointed as an authorised person under section 108.
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) 27, 28, 29, 30 or 31 December.
cargo means any personal property:
(a) that is carried on board a vessel; and
(b) for which a bill of lading, or a receipt of a similar kind, is issued.
civil penalty order has the meaning given by section 86.
civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.
coastal trading: see section 7.
Commonwealth agency includes:
(a) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); and
(b) a body corporate established for a public purpose under a law of the Commonwealth.
Commonwealth vessel means a vessel that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth agency.
emergency licence means a licence granted under Division 3 of Part 4.
energy security situation: see subsection (1A).
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
Federal Court means the Federal Court of Australia.
fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
fishing fleet support vessel means a vessel (other than a Commonwealth vessel or an inland waterways vessel) that is used wholly or primarily in activities in support of the fishing operations of a fishing vessel.
Note: For in support of the fishing operations, see subsection (2).
fishing operations means:
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
fishing vessel means a vessel (other than a Commonwealth vessel or an inland waterways vessel) that is used wholly or primarily for fishing operations.
general licence means a licence granted or renewed under Division 1 of Part 4.
harbour means a natural or artificial harbour, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty or other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
inland waterways vessel means a vessel (other than a Commonwealth vessel) that is used wholly in waters other than waters of the sea.
internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
international agreement means a treaty or agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
licence means a general licence, a temporary licence or an emergency licence.
liquid fuel product means any of the following:
(a) biodiesel (within the meaning of the Excise Tariff Act 1921);
(b) liquid fuel (within the meaning of the Liquid Fuel Emergency Act 1984);
(c) liquid petrochemical (within the meaning of that Act);
(d) liquid petroleum (within the meaning of that Act);
(e) liquid petroleum product (within the meaning of that Act);
(f) petrochemical (within the meaning of that Act);
(g) petroleum (within the meaning of that Act);
(h) petroleum product (within the meaning of that Act);
(i) refined liquid petroleum product (within the meaning of that Act).
loading date means the date passengers or cargo are expected to be loaded on board a vessel.
master of a vessel means a person who has command or charge of the vessel, but does not include a pilot of the vessel.
notice in response, in relation to an application, has the meaning given by section 31.
offshore industry vessel means a vessel that is used wholly or primarily in, or in any operations or activities associated with or incidental to, exploring or exploiting the mineral and other non‑living resources of the seabed and its subsoil.
owner of a vessel means one or more of the following:
(a) a person who has a legal or beneficial interest in the vessel, other than as a mortgagee;
(b) a person with overall general control and management of the vessel;
(c) a person who has assumed responsibility for the vessel 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 vessel, or to have assumed responsibility for a vessel, merely because he or she is the master or pilot of the vessel.
passenger means a person who is carried on board a vessel with the knowledge or consent of the owner, charterer or master of the vessel, if consideration (whether monetary or otherwise) is required to be, or has been, paid for the person to be so carried.
permanent visa has the same meaning as in the Migration Act 1958.
port includes a harbour.
recreational vessel means a vessel (other than a Commonwealth vessel or an inland waterways vessel) that is used wholly for recreational or sporting activities (whether or not let, or intended to be let, for hire or reward or consideration of any kind).
salvage operation means any act or activity undertaken to assist a vessel or any other property not permanently and intentionally attached to the shoreline (including freight at risk) in danger in any waters.
salvage vessel means a vessel that is used wholly or primarily for salvage operations.
sea includes any waters within the ebb and flow of the tide.
seafarer means any person who is employed or engaged or works in any capacity on board a vessel on the business of the vessel, other than the following:
(a) a pilot;
(b) an owner of the vessel or a person representing the owner;
(c) law enforcement personnel;
(d) special personnel (within the meaning of section 283 of the Navigation Act 1912);
(e) a person temporarily employed on the vessel in port;
(f) a person prescribed by the regulations.
temporary licence means a licence granted under Division 2 of Part 4 and includes such a licence as varied under that Division.
temporary visa has the same meaning as in the Migration Act 1958.
vessel means any kind of vessel used in navigation by water, however propelled or moved.
voyage means the movement of a vessel from one port to another port in a way that would satisfy paragraph 7(1)(a), (b) or (c).
(1A) For the purposes of this Act, an energy security situation exists if:
(a) a vessel is used to undertake a voyage authorised by a temporary licence; and
(b) the vessel is carrying a liquid fuel product; and
(c) there are special circumstances, of a kind prescribed by the regulations, requiring the vessel to load or unload a liquid fuel product at a port that is not authorised by the licence.
(2) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:
(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and
(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and
(c) the transport of crew to and from the fishing vessel while it is engaged in fishing operations.
7 Meaning of coastal trading
(1) For the purposes of this Act, and subject to subsection (2), a vessel is used to engage in coastal trading if, for or in connection with a commercial activity:
(a) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) carries the passengers or cargo to a port in another State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded; or
(b) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) carries the passengers or cargo to a port in the same State or Territory where some passengers disembark or some cargo is unloaded; and
(iii) carries passengers or cargo to a port in another State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded; or
(c) the vessel:
(i) takes on board passengers or cargo at a port in a State or Territory; and
(ii) carries the passengers or cargo to a port in the same State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded; and
(iii) is one in relation to which a declaration under subsection 12(2) is in force.
(2) Subsection (1) does not apply in respect of the following:
(a) a passenger who:
(i) holds a through ticket to or from a port outside Australia; and
(ii) disembarks at a port in Australia for transit purposes only;
(b) cargo that:
(i) is consigned on a through bill of lading to or from a port outside Australia; and
(ii) is unloaded at a port in Australia for transshipment only;
(c) passengers, or cargo, of a kind prescribed by the regulations for the purposes of this paragraph.
Part 3—Provisions relating to the application of this Act
8 Extension to Territories
This Act extends to every external Territory.
9 Act to bind the Crown
This Act binds the Crown in each of its capacities.
10 Act does not apply to certain vessels
This Act does not apply to or in relation to the following kinds of vessels:
(a) a vessel belonging to, or operated by:
(i) the Australian Defence Force; or
(ii) the naval, military or air forces of a country other than Australia;
(b) a Commonwealth vessel that is used wholly or primarily for non‑commercial activities;
(c) a fishing vessel or fishing fleet support vessel;
(d) an inland waterways vessel;
(e) an offshore industry vessel;
(f) a recreational vessel;
(g) a salvage vessel;
(h) a tugboat.
11 Minister may exempt certain vessels or persons
(1) The Minister may, by legislative instrument, direct that this Act does not apply to:
(a) a vessel or class of vessels; or
(b) a person or class of persons.
(2) An exemption under subsection (1) may be confined to one or both of the following:
(a) one or more specified periods;
(b) one or more specified voyages.
(3) An exemption under subsection (1) is subject to such conditions (if any) as are specified in the direction.
Note: Breach of a condition of an exemption is a civil penalty provision, see sections 84 and 85.
(4) The Minister must not make a direction if the proposed exemption would be inconsistent with an obligation of Australia under an international agreement.
(5) The Minister must not make a direction unless satisfied that the proposed exemption will not jeopardise the safety of a vessel or persons on board a vessel.
12 Application to vessels on intrastate voyages
(1) The owner of a vessel may apply to the Minister for a declaration under subsection (2) in relation to the vessel.
(2) The Minister may, in writing, declare that this Act applies in relation to the vessel even when, for or in connection with a commercial activity, the vessel:
(a) takes on board passengers or cargo at a port in a State or Territory; and
(b) carries the passengers or cargo to a port in the same State or Territory where some or all of the passengers disembark or some or all of the cargo is unloaded.
Expiry or revocation of declaration
(3) A declaration made under subsection (2) ceases to have effect at the end of the period, if any, specified in the declaration, unless it is revoked before that time.
(4) The Minister must revoke a declaration made under subsection (2) if requested to do so by the owner of the vessel to which the declaration relates.
(5) The Minister may revoke a declaration made under subsection (2) if the Minister is satisfied:
(a) that the vessel to which the declaration relates no longer exists or has been lost; or
(b) that the name or any other details of the vessel have been changed since the making of the declaration; or
(c) that the vessel no longer operates in Australia.
Declaration not a legislative instrument
(6) A declaration made under subsection (2) is not a legislative instrument.
Part 4—Licences
Division 1—General licences
Subdivision A—Application for, and grant of, general licences
13 Application for general licence
(1) A person may apply to the Minister for a general licence, including renewal of a general licence, authorising a vessel to be used to engage in coastal trading if:
(a) the vessel is registered in the Australian General Shipping Register; and
(b) the person is:
(i) the owner, charterer, master or agent of the vessel; or
(ii) a person of a kind prescribed by the regulations.
(2) The application must be in writing and be accompanied by the following:
(a) evidence that the vessel is registered in the Australian General Shipping Register;
(b) a statement that each seafarer working on the vessel, when the vessel is used to engage in coastal trading:
(i) is or will be an Australian citizen; or
(ii) is or will hold a permanent visa; or
(iii) is or will hold a temporary visa that does not prohibit the seafarer from performing the work he or she performs on the vessel;
(c) such information as is prescribed by the regulations;
(d) the application fee prescribed by the regulations.
Note: The Minister may ask the applicant to provide further information, see section 76.
(3) The application must relate to one vessel only.
14 Application may be varied or withdrawn
(1) At any time before the Minister decides an application, the applicant may notify the Minister, in writing, that the applicant wishes to:
(a) vary the application; or
(b) withdraw the application.
Note: Varying an application affects the period within which the Minister must decide the application, see section 15.
(2) If the applicant withdraws the application, the application fee is not refundable.
15 Deciding applications
(1) The Minister decides an application by:
(a) granting the application; or
(b) refusing the application.
(2) In deciding an application, the Minister may have regard to the following:
(a) whether the applicant has previously held a licence that was cancelled;
(b) whether the applicant has been issued with an infringement notice under this Act;
(c) the object of this Act;
(d) any other matters the Minister thinks relevant.
(3) The Minister must decide an application:
(a) within 10 business days after the day the application is made; or
(b) if the applicant varies the application under section 14—within 10 business days after the day the Minister receives written notice of the variation.
Note: The period within which an application is to be decided may be affected by section 76.
16 Grant of general licence
(1) If the Minister grants an application, the Minister must also determine the period for which the general licence is granted or renewed. The period must not be more than 5 years.
Note: For conditions of general licences, see sections 21 and 22.
(2) If the Minister grants an application for a general licence, including renewal of a general licence, the Minister must cause the following information to be published on the Department's website:
(a) the general licence number;
(b) the holder of the licence;
(c) the holder's business name and business address;
(d) the vessel to which the licence relates;
(e) the period of the licence;
(f) any other information prescribed by the regulations.
17 Application taken to be granted in certain circumstances
If the Minister has not decided an application by the end of the period within which a decision is required under section 15, then, at the end of the last day of that period:
(a) the Minister is taken to have granted the application; and
(b) the Minister is taken to have determined that the period for which the general licence is granted or renewed, as the case may be, is 5 years.
18 Issue of general licence
(1) If the Minister decides to grant an application, or is taken to have granted an application, he or she must, as soon as practicable, give the applicant a general licence.
(2) The licence must specify the following:
(a) the general licence number;
(b) the holder of the licence;
(c) the holder's business name and business address;
(d) the vessel to which the licence relates;
(e) that the licence is subject to conditions under section 21;
(f) any additional conditions imposed on the licence under section 22;
(g) the day the licence commences and the period of the licence;
(h) any other matters prescribed by the regulations.
19 When general licence is in force
A general licence:
(a) commences on the day specified in the licence; and
(b) expires at the end of the period specified in the licence, unless the licence is cancelled or surrendered before that time.
Note: A general licence is taken to continue in force beyond its expiry date in certain circumstances, see subsection 24(2).
20 Refusal of application
If the Minister decides to refuse an application, he or she must, as soon as practicable, notify the applicant, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
Subdivision B—Conditions of general licences
21 Conditions imposed on all general licences
A general licence is subject to the following conditions:
(a) the vessel to which the licence relates must continue to be registered in the Australian General Shipping Register;
(b) when the vessel is used to engage in coastal trading, each seafarer working on the vessel must:
(i) be an Australian citizen; or
(ii) hold a permanent visa; or
(iii) hold a temporary visa that does not prohibit the seafarer from performing the work he or she performs on the vessel;
(c) when the vessel is used to engage in coastal trading, a copy of the licence must be displayed on the vessel in a conspicuous place accessible to all persons on board;
(d) the holder of the licence must comply with the reporting requirements under section 27;
(e) the holder of the licence must comply with any other condition prescribed by the regulations.
22 Additional conditions may be imposed by Minister
(1) The Minister may, at any time:
(a) impose an additional condition on a general licence; or
(b) vary or remove such a condition;
by notifying, in writing, the holder of the licence.
(2) A condition imposed under subsection (1), including such a condition as varied, must not be inconsistent with a condition under section 21.
23 Breaching condition of general licence
A person contravenes this section if:
(a) the person is the holder of a general licence; and
(b) the person does an act or omits to do an act; and
(c) the act or omission breaches a condition imposed on the li
