Commonwealth: Special Recreational Vessels Act 2019 (Cth)

Special Recreational Vessels Act 2019 No. 118, 2019 Compilation No. 2 Compilation date: 29 June 2023 Includes amendments up to: Act No. 39, 2023 Registered: 1 July 2023 About this compilation This compilation This is a compilation of the Special Recreational Vessels Act 2019 that shows the text of the law as amended and in force on 29 June 2023 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Definitions 5 Extension to Territories 6 Act to bind the Crown Part 2—Special recreational vessel temporary licences 7 Simplified outline of this Part 8 Application for special recreational vessel temporary licence Part 3—Application and modification of the Coastal Trading Act 9 Simplified outline of this Part 10 Application of the Coastal Trading Act 11 Additional general operation of the Coastal Trading Act 12 Certain provisions of the Coastal Trading Act do not apply 13 Modification of particular provisions of the Coastal Trading Act Part 4—Miscellaneous 14 Simplified outline of this Part 15 Delegation 16 Rules 17 Sunset provision Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to allow special recreational vessels to apply for temporary licences under the Coastal Trading (Revitalising Australian Shipping) Act 2012, and for related purposes Part 1—Preliminary 1 Short title This Act is the Special Recreational Vessels Act 2019. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. 12 December 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Simplified outline of this Act This Act establishes a means by which special recreational vessels can opt in to the coastal trading regulatory scheme established by the Coastal Trading (Revitalising Australian Shipping) Act 2012. This Act does so by: (a) permitting applications for temporary licences authorising special recreational vessels to carry passengers in Australia to be made under this Act, but treated as if they were applications under the Coastal Trading (Revitalising Australian Shipping) Act 2012; and (b) permitting applications by owners of special recreational vessels for declarations that the Coastal Trading (Revitalising Australian Shipping) Act 2012 applies in relation to intrastate voyages undertaken by such vessels. The general rules dealing with the granting of applications, penalties and review of decisions relating to applications made under this Act are found in the Coastal Trading (Revitalising Australian Shipping) Act 2012. Those rules apply, with some modifications made by this Act, in relation to special recreational vessel temporary licences, applications for such licences and voyages authorised by such licences. 4 Definitions (1) In this Act: Coastal Trading Act means the Coastal Trading (Revitalising Australian Shipping) Act 2012. 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. rules means rules made under section 16. special recreational vessel means a vessel that: (a) is designed to be used wholly or primarily for recreational or sporting activities; and (b) is over 24 metres in length; and (c) is not used wholly or primarily for carrying cargo. special recreational vessel temporary licence means a licence granted under Division 2 of Part 4 of the Coastal Trading Act as applied by Part 3 of this Act. Note: An application for a special recreational vessel temporary licence is made under section 8 of this Act, but licences are granted under Division 2 of Part 4 of the Coastal Trading Act as applied by Part 3 of this Act. voyage, in relation to a special recreational vessel, means: (a) the movement of the vessel in a way that would satisfy paragraph 7(1)(a) or (b) of the Coastal Trading Act; or (b) the movement of the vessel in a way that would satisfy paragraph 7(1)(c) of the Coastal Trading Act if: (i) the movement is, in whole or in part, external to Australia; or (ii) the vessel is owned, in whole or in part, by a constitutional corporation; or (iii) the movement of the vessel is within a Territory. Note: Generally the movement of a vessel is external to Australia if the vessel travels seaward of the low water mark. See also the definition of external to Australia. Expressions used in the Coastal Trading Act (2) Subject to subsection (1), an expression that is used in the Coastal Trading Act has the same meaning, when used in this Act, as in that Act. (3) The rules may prescribe expressions to which subsection (2) does not apply. 5 Extension to Territories This Act extends to the external Territories. 6 Act to bind the Crown This Act binds the Crown in each of its capacities. Part 2—Special recreational vessel temporary licences 7 Simplified outline of this Part The owner, charterer, master or agent of a special recreational vessel may apply to the Minister for a special recreational vessel temporary licence to engage in coastal trading. Applications are then considered under the Coastal Trading Act (as applied by Part 3 of this Act). 8 Application for special recreational vessel temporary licence (1) A person may apply to the Minister for a special recreational vessel temporary licence to enable a special recreational vessel to be used to engage in coastal trading over a 12‑month period if the person is the owner, charterer, master or agent of the vessel. Note: Applications made under this section are dealt with under Division 2 of Part 4 of the Coastal Trading Act: see sections 11 and 13 of this Act. (2) The application must be in writing and specify the following: (a) the number of voyages to be authorised by the licence; (b) the expected loading dates; (c) the number of passengers expected to be carried (which must not exceed 12); (d) the kinds and volume of cargo expected to be carried (if any); (e) the type and size, or type and capacity, of the vessel to be used to carry the passengers or cargo (if known); (f) the name of the vessel (if known); (g) the ports at which the passengers or cargo are expected to be taken on board; (h) the ports at which the passengers are expected to disembark or the cargo is expected to be unloaded; (i) such other information as is prescribed by regulations made for the purposes of paragraph 28(2)(h) of the Coastal Trading Act; (j) such other information as is prescribed by the rules. (3) The application must be accompanied by the application fee for a temporary licence prescribed by regulations made for the purposes of subsection 28(3) of the Coastal Trading Act. Part 3—Application and modification of the Coastal Trading Act 9 Simplified outline of this Part This Part applies the Coastal Trading Act to special recreational vessels to a limited extent to: (a) allow applications for special recreational vessel temporary licences to be handled under that Act; and (b) allow such licences to be granted and dealt with under that Act; and (c) allow voyages authorised by such licences to be regulated under that Act. This Part does not have the effect of applying the Coastal Trading Act to special recreational vessels in relation to which there is no special recreational vessel temporary licence, or to such vessels undertaking voyages that are not authorised by a special recreational vessel temporary licence. In order for the Coastal Trading Act to operate appropriately in relation to this Act, the text of some other provisions of the Coastal Trading Act is notionally changed in relation to: (a) special recreational vessel temporary licences; and (b) applications for such licences; and (c) voyages authorised by such licences. The modifications of concepts in the Coastal Trading Act also flow through to other legislation as a result of this Part. 10 Application of the Coastal Trading Act (1) Subject to the modifications provided by this Part, the Coastal Trading Act applies in relation to: (a) a special recreational vessel temporary licence; and (b) an application for a special recreational vessel temporary licence or for a variation of such a licence; and (c) a voyage authorised by a special recreational vessel temporary licence. (2) To avoid doubt, subsection (1) of this section applies despite paragraph 10(f) of the Coastal Trading Act. (3) The modifications apply for the purposes of the following Acts (including any regulations or instruments made under those Acts): (a) this Act; (b) the Coastal Trading Act; (c) any other Act or instrument that refers to the Coastal Trading Act. 11 Additional general operation of the Coastal Trading Act Subject to this Part, the Coastal Trading Act applies in relation to the operation of this Act as if: (a) a reference in the Coastal Trading Act to a temporary licence included a reference to a special recreational vessel temporary licence; and (b) a reference in the Coastal Trading Act to a voyage, in relation to a special recreational vessel or a special recreational vessel temporary licence, were a reference to a voyage within the meaning of this Act; and (c) a reference in the Coastal Trading Act to an application made under section 28 of that Act included a reference to an application made under section 8 of this Act. 12 Certain provisions of the Coastal Trading Act do not apply Section 4 of the Coastal Trading Act does not apply in relation to the operation of this Act. 13 Modification of particular provisions of the Coastal Trading Act (1) Subject to this Part, the following table modifies particular provisions of the Coastal Trading Act in relation to the operation of this Act. Modification of particular provisions of the Coastal Trading Act Item The following provisions of the Coastal Trading Act: apply as if … 1 section 12 a reference in that section to a vessel included a special recreational vessel 2 paragraph 35(2)(e) the reference to the number of passengers (if any) were instead a reference to the maximum number of passengers 3 subsection 37(2) (a) a reference in paragraph (g) of that subsection to the number of passengers were instead a reference to the maximum number of passengers; and (b) paragraph (h) were omitted from that subsection 3A section 40 that section included a condition that when a special recreational vessel undertakes a voyage authorised by a special recreational vessel temporary licence, the vessel must not carry cargo for profit (other than if the carriage of the cargo is incidental to the use of the vessel for a recreational or sporting activity) 4 subsection 51(2) (a) the words ", which must be 5 or more," were omitted from paragraph (a) of that subsection; and (b) that subsection included a reference to rules made for the purposes of subsection (2) of this section (2) The rules may prescribe other information that must be specified in an application to vary a special recreational vessel temporary licence under section 51 of the Coastal Trading Act. Part 4—Miscellaneous 14 Simplified outline of this Part This Part deals with miscellaneous matters. 15 Delegation The Minister may, by writing, delegate all or any of the Minister's functions or powers under this Act (other than section 16) to an SES employee or acting SES employee in the Department. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901. 16 Rules (1) The Minister may, by legislative instrument, make rules prescribing matters: (a) required or permitted by this Act to be prescribed by the rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. 17 Sunset provision This Act is repealed immediately after the end of 30 June 2025. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Special Recreational Vessels Act 2019 118, 2019 11 Dec 2019 12 Dec 2019 (s 2(1) item 1) Special Recreational Vessels Amendment Act 2021 43, 2021 10 June 2021 10 June 2021 (s 2(1) item 1) — Special Recreational Vessels Amendment Act 2023 39, 2023 28 June 2023 29 June 2023 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected Part 4 s 17.................... am No 43, 2021; No 39, 2023