Commonwealth: Transport and Communications Legislation Amendment Act (No. 2) 1992 (Cth)

Transport and Communications Legislation Amendment Act (No. 2) 1992 No. 71 of 1992 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title 2. Commencement PART 2—AMENDMENTS OF THE AIR NAVIGATION ACT 1920 3. Principal Act 4. Approval of ratification of Chicago Convention etc. 5. Texts of Chicago Convention etc. 6. New Schedules PART 3—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 7. Principal Act 8. Functions of Authority PART 4—AMENDMENTS OF THE AUSTRALIAN POSTAL CORPORATION ACT 1989 9. Principal Act 10. Extension of Act to certain external Territories 11. Extension of Act to adjacent areas 12. Community service obligations PART 5—AMENDMENTS OF THE CIVIL AVIATION ACT 1988 13. Principal Act 14. Flying unregistered aircraft etc. 15. Offence related warrants 16. Reimbursement of cost of complying with directions 17. Cessation of lien 18. Insertion of new Division: TABLE OF PROVISIONS—continued Section Division 3—Provisions relating to the Authority's liability to pay income tax 83A. Interpretation 83B. Commencement of the Authority's liability to pay income tax 83C. Value of trading stock for income tax purposes 83D. Accelerated depreciation not available for income tax purposes 83E. Transitional provisions for capital gains tax PART 6—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 19. Principal Act 20. Interpretation 21. Reimbursement of cost of complying with directions 22. Insertion of new section: 54B. Hedging through currency contracts etc. 23. Insertion of new Part: PART VIA—PROVISIONS RELATING TO THE CORPORATION'S LIABILITY TO PAY INCOME TAX 57A. Interpretation 57B. Commencement of the Corporation's liability to pay income tax 57C. Accelerated depreciation not available for income tax purposes 57D. Capital gains tax 57E. Land and buildings etc. 57F. Superannuation payments PART 7—AMENDMENT OF THE NAVIGATION ACT 1912 24. Principal Act 25. Regulations relating to accommodation PART 8—AMENDMENTS OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 26. Principal Act 27. Interpretation 28. New Schedule PART 9—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 29. Principal Act 30. Interpretation 31. Prohibition of discharge of oil or oily mixtures into sea 32. Insertion of new section: 11A. Shipboard oil pollution emergency plan 33. Interpretation 34. Repeal 35. Prohibition of discharge by jettisoning of harmful substances into the sea 36. Insertion of new Division: Division 1—Discharge of sewage in the Antarctic Area 26BA. Interpretation 26BB. Object of Division 26BC. Prohibition of discharge of sewage 37. Interpretation 38. Insertion of new section: 26CA. Object of Division 39. Operation of Division 40. Interpretation TABLE OF PROVISIONS—continued Section 41. Insertion of new section: 26EA. Object of Part 42. Prohibition of disposal of garbage into the sea 43. Application of certain provisions to foreign ships 44. Schedules PART 10—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1991 45. Principal Act 46. Applications for general telecommunications licences and certain public mobile licences 47. Insertion of new section: 57A. Allocation system for certain public mobile licences 48. Agreement with carrier about licences 49. Insertion of new Division: Division 5A—Collection and recovery of public mobile licence charge 87A. Definition 87B. When charge is payable 87C. Unpaid charge is a debt due to Commonwealth 50. A general carrier may replace, repair and maintain facilities etc. 51. Dominant carrier not to discriminate between acquirers of telecommunications services 52. Basic carriage service must be tariffed if supplied to a person other than a carrier 53. Insertion of new section: 402A. Person not to use protected name or protected symbol PART 11—AMENDMENT OF THE TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1990 54. Principal Act 55. Interpretation SCHEDULE 1 ADDITIONAL SCHEDULES TO THE AIR NAVIGATION ACT 1920 SCHEDULE 2 SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 SCHEDULE 3 ANNEX TO BE SUBSTITUTED FOR ANNEX III TO THE CONVENTION SET OUT IN SCHEDULE 1 TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 SCHEDULE 4 SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 SCHEDULE 5 SCHEDULES TO BE INSERTED IN THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 SCHEDULE 6 SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 Transport and Communications Legislation Amendment Act (No. 2) 1992 No. 71 of 1992 An Act to amend various Acts relating to matters dealt with by the Department of Transport and Communications [Assented to 26 June 1992] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Transport and Communications Legislation Amendment Act (No. 2) 1992. Commencement 2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Sections 18 and 23 are taken to have commenced on 1 July 1991. (3) Sections 20 and 22 are taken to have commenced immediately after the commencement of the Federal Airports Corporation Act 1986. (4) Part 7 is taken to have commenced immediately after the commencement of Part 5 of the Industrial Relations Legislation Amendment Act (No. 3) 1991. (5) Subsection 30(2), sections 32 and 43 and subsection 44(3) commence on 4 April 1993. (6) Subsection 30(3), sections 36 to 42 (inclusive) and subsection 44(4) commence on a day to be fixed by Proclamation, being the day on which the Protocol on Environmental Protection to the Antarctic Treaty (being the Protocol a copy of the English text of which, apart from Annexes I, II, III and V to it, is set out in the Schedule set out in Schedule 6) enters into force. (7) Sections 33, 34 and 35 commence immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986. (8) Subsection 44(1) commences on 1 July 1992. (9) Part 11 is taken to have commenced immediately after the commencement of section 26 of the Transport and Communications Legislation Amendment Act 1990. PART 2—AMENDMENTS OF THE AIR NAVIGATION ACT 1920 Principal Act 3. In this Part, "Principal Act" means the Air Navigation Act 19201. Approval of ratification of Chicago Convention etc. 4. Section 3A of the Principal Act is amended: (a) by adding at the end of each of paragraphs (2)(a) to (g) (inclusive) "and"; (b) by adding at the end of subsection (2) the following word and paragraphs: "; and (k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and (1) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 26 October 1990.". Texts of Chicago Convention etc. 5. Section 4 of the Principal Act is amended by omitting "and 10" and substituting ", 10, 11 and 12". New Schedules 6. The Principal Act is amended by adding at the end the Schedules set out in Schedule 1 to this Act. PART 3—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 Principal Act 7. In this Part, "Principal Act" means the Australian Maritime Safety Authority Act 19902. Functions of Authority 8. Section 6 of the Principal Act is amended: (a) by inserting after paragraph (1)(c) the following paragraph: "(ca) to provide on request services of a maritime nature, on a commercial basis, to: (i) the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (ii) an authority or agency of the Commonwealth, a State or either of those Territories; and"; (b) by adding at the end the following subsection: "(4) The Authority must not perform any of its functions otherwise than for a purpose in respect of which the Parliament has the power to make laws.". PART 4—AMENDMENTS OF THE AUSTRALIAN POSTAL CORPORATION ACT 1989 Principal Act 9. In this Part, "Principal Act" means the Australian Postal Corporation Act 19893. Extension of Act to certain external Territories 10. Section 8 of the Principal Act is amended by omitting ", Christmas Island and Cocos (Keeling) Islands". Extension of Act to adjacent areas 11. Section 9 of the Principal Act is amended by omitting from the definition of "Territory" in subsection (4) ", Christmas Island or Cocos (Keeling) Islands". Community service obligations 12. Section 27 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection: "(5) In this section: 'Australia' includes Christmas Island and Cocos (Keeling) Islands, but does not include any other external Territory to which this Act extends.". PART 5—AMENDMENTS OF THE CIVIL AVIATION ACT 1988 Principal Act 13. In this Part, "Principal Act" means the Civil Aviation Act 19884. Flying unregistered aircraft etc. 14. Section 20AA of the Principal Act is amended: (a) by omitting from paragraph (1)(a) "regulations" and substituting "Regulations"; (b) by inserting in paragraph (4)(a) "that covers the duration of the flight" after "Regulations". Offence related warrants 15. Section 32AF of the Principal Act is amended by inserting in paragraph (4)(b) "or" after "night" (first occurring). Reimbursement of cost of complying with directions 16. Section 48 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection: "(3) This section does not apply to a direction of the Minister: (a) requiring the Authority to perform a function mentioned in subsection 9AA(2); or (b) made under section 47 or 56.". Cessation of lien 17. Section 75 of the Principal Act is amended by inserting in subsection (1) ", and only if" after "If". 18. Part VI of the Principal Act is amended by adding at the end the following Division: "Division 3—Provisions relating to the Authority's liability to pay income tax Interpretation "83A. In this Division: 'Assessment Act' means the Income Tax Assessment Act 1936. Commencement of the Authority's liability to pay income tax "83B. Income derived by the Authority in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act. Value of trading stock for income tax purposes "83C.(1) For the purpose of ascertaining under Subdivision B of Division 2 of Part III of the Assessment Act the value to be taken into account at the beginning of the year of income commencing on 1 July 1991 in relation to the Authority's trading stock on hand at that time, the Authority may, in accordance with subsection (2), exercise any option, and give any notice, in relation to the value of its trading stock on hand at the end of the preceding year of income. "(2) The option or notice is to be exercised or given in accordance with the requirements of Subdivision B of Division 2 of Part III of the Assessment Act on or before the day of lodgment of the Authority's return of income for the year of income commencing on 1 July 1991 or before such later day as the Commissioner of Taxation allows. "(3) If the Authority does not exercise an option under subsection (1) in relation to particular trading stock, the value to be taken into account in accordance with that subsection in relation to that trading stock is to be the cost price. "(4) If the Authority, under Subdivision B of Division 2 of Part III of the Assessment Act, adopts cost price as the basis of valuation in relation to any of its trading stock on hand at the end of the year of income commencing on 1 July 1991 that was on hand at the end of the preceding year of income, the cost price of that trading stock is to be taken to be equal to the value at which the trading stock was taken into account in accordance with subsection (1). Accelerated depreciation not available for income tax purposes "83D. Section 57AL of the Assessment Act, as in force immediately after the commencement of section 38 of the Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Authority. Transitional provisions for capital gains tax "83E.(1) If: (a) the Authority owned an asset at the end of 30 June 1991 ('the changeover time'); and (b) the market value of the asset at the changeover time was greater than the amount that would have been the indexed cost base to the Authority in relation to the asset if the Authority had disposed of the asset at that time; the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether a capital gain accrues in the event of a subsequent disposal of the asset by it: (c) the Authority is taken to have disposed of the asset at the changeover time for a consideration equal to the amount of that indexed cost base; (d) the Authority is taken to have immediately re-acquired the asset for a consideration equal to the market value of the asset at the changeover time; (e) the reference in subsection 160Z(3) of the Assessment Act to the day on which the asset was acquired by the taxpayer is taken to be a reference to the day on which the asset was actually acquired by the Authority. "(2) If the asset is disposed of within 12 months of its acquisition by the Authority, subsection (1) has effect as if the references in that subsection to the indexed cost base to the Authority in relation to the asset were references to the cost base to the Authority in relation to the asset. "(3) If: (a) the Authority owned an asset at the changeover time; and (b) the market value of the asset at the changeover time was less than the amount that would have been the reduced cost base to the Authority in relation to the asset if the Authority had disposed of the asset at that time; the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether the Authority incurred a capital loss in the event of a subsequent disposal of the asset by it: (c) the Authority is taken to have disposed of the asset at the changeover time for a consideration equal to the amount of that reduced cost base; (d) the Authority is taken to have immediately re-acquired the asset for a consideration equal to the market value of the asset at the changeover time. "(4) For the purposes of this section, in the case of an asset that was acquired by the Commonwealth and transferred to the Authority for no consideration: (a) the cost base to the Authority in relation to the asset; and (b) the indexed cost base to the Authority in relation to the asset; and (c) the reduced cost base to the Authority in relation to the asset; are to be worked out as if the asset had at all relevant times been an asset of the Authority and anything done by the Commonwealth in relation to the asset had been done by the Authority. "(5) An asset of the Authority that was acquired by the Commonwealth before 20 September 1985 and transferred to the Authority is taken, for the purposes of Part IIIA of the Assessment Act, to have been acquired by the Authority before that date. "(6) Unless the contrary intention appears, expressions used in this section, and in Part IIIA of the Assessment Act, have the same respective meanings as in that Part.". PART 6—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 Principal Act 19. In this Part, "Principal Act" means the Federal Airports Corporation Act 19865. Interpretation 20. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'currency contract' means: (a) a forward exchange rate contract; or (b) a contract with respect to currency futures; 'futures contract' means: (a) a deferred delivery contract; or (b) a contract with respect to financial futures; or (c) a contract with respect to commodity futures;". Reimbursement of cost of complying with directions 21. Section 42 of the Principal Act is amended: (a) by omitting from subsection (1) "Where" and substituting "Subject to section (1A), if"; (b) by omitting from subsection (1) ", other than a direction the notice of which stated that the direction is in accordance with the general policy of the Commonwealth Government"; (c) by inserting after subsection (1) the following subsection: "(1A) Subsection (1) does not apply to a direction given under subsection 41(2) if: (a) the notice of that direction stated that the direction is in accordance with the general policy of the Commonwealth Government; or (b) it is a direction requiring the Corporation: (i) to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft operating to or from Federal airports; or (ii) to perform any of its functions in a manner referred to in paragraph 7(2)(ca).". 22. After section 54A of the Principal Act the following section is inserted: Hedging through currency contracts etc. "54AB.(1) Subject to subsection (4), the Corporation may enter into and deal with contracts to which this section applies for hedging purposes in relation to: (a) a borrowing, or a proposed borrowing, of money by the Corporation; or (b) an investment of money by the Corporation; or (c) commodity purchases by the Corporation. Note: For 'contracts to which this section applies', see subsection (6). "(2) The Minister may, by written determination, set guidelines for the exercise by the Corporation of its power under subsection (1) and must give the Corporation a copy of each determination made. "(3) Without limiting subsection (2), the guidelines may provide that: (a) the Corporation is not to enter into or deal with contracts of a particular kind; or (b) the Corporation is to enter into or deal with contracts of a particular kind only if the contract relates to specified matters. "(4) The Corporation must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2). "(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of: (a) reducing the risk of adverse variations in: (i) the costs of a borrowing, or a proposed borrowing, of money by the Corporation; or (ii) the revenue obtainable by the Corporation from the investment of money of the Corporation; or (iii) the cost of commodities purchased by the Corporation; or (b) maintaining the value of: (i) investments made by the Corporation; or (ii) property used as security for a borrowing, or a proposed borrowing by the Corporation. "(6) This section applies to contracts of the following kinds: (a) currency contracts; (b) interest rate contracts; (c) futures contracts; (d) contracts relating to: (i) dealings known as currency swaps; or (ii) dealings known as interest rate swaps; or (iii) dealings known as commodity swaps; (e) contracts relating to two or more of the dealings referred to in paragraph (d); (f) options (including futures options); (g) contracts of a kind approved in writing by the Minister.". 23. After Part VI of the Principal Act the following Part is inserted: "PART VIA—PROVISIONS RELATING TO THE CORPORATION'S LIABILITY TO PAY INCOME TAX Interpretation "57A. In this Part: 'Assessment Act' means the Income Tax Assessment Act 1936. Commencement of the Corporation's liability to pay income tax "57B. Income derived by the Corporation in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act. Accelerated depreciation not available for income tax purposes "57C. Section 57AL of the Assessment Act, as in force immediately after the commencement of section 38 of the Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Corporation. Capital gains tax "57D.(1) If: (a) the Corporation owned an asset at the end of 30 June 1991 ('the changeover time'); and (b) the market value of the asset at the changeover time was greater than the amount that would have been the indexed cost base to the Corporation in relation to the asset if the Corporation had disposed of the asset at that time; the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether a capital gain accrues in the event of a subsequent disposal of the asset by it: (c) the Corporation is taken to have disposed of the asset at the changeover time for a consideration equal to the amount of that indexed cost base; (d) the Corporation is taken to have immediately re-acquired the asset for a consideration equal to the market value of the asset at the changeover time; (e) the reference in subsection 160Z(3) of the Assessment Act to the day on which the asset was acquired by the taxpayer is taken to be a reference to the day on which the asset was actually acquired by the Corporation. "(2) If the asset is disposed of within 12 months of its actual acquisition by the Corporation, subsection (1) has effect as if the references in that subsection to the indexed cost base to the Corporation in relation to the asset were references to the cost base to the Corporation in relation to the asset. "(3) If: (a) the Corporation owned an asset at the changeover time; and (b) the market value of the asset at the changeover time was less than the amount that would have been the reduced cost base to the Corporation in relation to the asset if the Corporation had disposed of the asset at that time; the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether the Corporation incurred a capital loss in the event of a subsequent disposal of the asset by it: (c) the Corporation is taken to have disposed of the asset at the changeover time for a consideration equal to the amount of that reduced cost base; (d) the Corporation is taken to have immediately re-acquired the asset for a consideration equal to the market value of the asset at the changeover time. "(4) Part IIIA of the Assessment Act does not apply in relation to: (a) the disposal of an asset of the Corporation that was acquired by the Commonwealth before 20 September 1985 and transferred to, or vested in, the Corporation; or (b) the disposal of an asset of the Corporation if the Commonwealth and not the Corporation is entitled to the consideration in respect of the disposal. "(5) Unless the contrary intention appears, expressions used in this section, and in Part IIIA of the Assessment Act, have the same respective meanings as in that Part. Land and buildings etc. "57E.(1) For the avoidance of doubt, land that under section 28 is vested in the Corporation is taken, for the purposes of the Assessment Act, to be owned by the Corporation. "(2) If: (a) a Federal airport development site consists of or includes land that is owned by the Commonwealth; and (b) any of that land is leased by the Commonwealth to the Corporation; buildings and any other fixtures on the land so leased are taken, for the purposes of the Assessment Act, to be owned by the Corporation. Superannuation payments "57F. For the purposes of section 82AAC of the Assessment Act, a payment made by the Corporation to the Commonwealth under arrangements made for the purposes of paragraph 87J(8)(b) of the Public Service Act 1922 is taken to be a contribution to a fund for the purpose mentioned in paragraph 82AAC(1)(a) of the Assessment Act, being a fund that is an eligible superannuation fund, within the meaning of Part IX of the Assessment Act, in relation to the year of income of the fund in which the payment is made.". PART 7—AMENDMENT OF THE NAVIGATION ACT 1912 Principal Act 24. In this Part, "Principal Act" means the Navigation Act 19126. Regulations relating to accommodation 25. Section 136 of the Principal Act is amended by omitting from paragraph (2)(b) "Industrial" and substituting "International". PART 8—AMENDMENTS OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 Principal Act 26. In this Part, "Principal Act" means the Protection of the Sea (Powers of Intervention) Act 19817. Interpretation 27. Section 3 of the Principal Act is amended by adding at the end of the definition of "Protocol" in subsection (1) "as affected by the resolution of the Marine Environment Protection Committee (adopted on 4 July 1991) revising the list of substances to be annexed to the Protocol (a copy of the English text of which is set out in Schedule 3). New Schedule 28. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act. PART 9—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 Principal Act 29. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 19838. Interpretation 30.(1) Section 3 of the Principal Act is amended by inserting after paragraph (ad) of the definition of "the 1978 Protocol" in subsection (1) the following paragraph: "(ae) the amendments to the annex of the Protocol adopted on 16 November 1990 (a copy of the English text of which is set out in Schedule 9); and". (2) Section 3 of the Principal Act is amended by inserting after paragraph (ae) of the definition of "the 1978 Protocol" in subsection (1) the following paragraphs: "(af) the amendments to the annex of the Protocol adopted on 4 July 1991 (a copy of the English text of which is set out in Schedule 10); and (ag) the amendments to the annex of the Protocol adopted on 4 July 1991 (a copy of the English text of which is set out in Schedule 11); and" (3) Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'Antarctic Area' means the sea area south of 60° south latitude; 'Antarctic Protocol' means the Protocol on Environmental Protection to the Antarctic Treaty (a copy of the English text of which, apart from Annexes I, II, III and V to it, is set out in Schedule 12); Note: For a copy of the English text of the Antarctic Treaty, see the Schedule to the Antarctic Treaty Act 1960.". Prohibition of discharge of oil or oily mixtures into sea 31. Section 9 of the Principal Act is amended by inserting in paragraph (4)(h) "(other than the Antarctic Area)" after "special area". 32. After section 11 of the Principal Act the following section is inserted: Shipboard oil pollution emergency plan "11A.(1) This section applies to: (a) an Australian ship (whether an oil tanker or not) that has a gross tonnage of 400 or more; and (b) an Australian ship that is an oil tanker with a gross tonnage of less than 400 but not less than 150. "(2) In this section: 'prescribed incident', in relation to a ship, has the same meaning as in section 11. "(3) There must be kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship. "(4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars: (a) the procedure to be followed by the master, or any other person having charge, of the ship in notifying a prescribed incident in relation to the ship; (b) a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship; (c) a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident; (d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made. "(5) The procedure referred to in paragraph (4)(a) must be in accordance with the regulations prescribing, for the purposes of subsection 11(1), the manner in which a prescribed incident is to be notified. "(6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan. "(7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $50,000.". Interpretation 33. Section 26A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) In this Part: 'harmful substance' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code; 'packaged form' means a form of containment specified for harmful substances in the International Maritime Dangerous Goods (IMDG) Code.". Repeal 34. Section 26AA of the Principal Act is repealed. Prohibition of discharge by jettisoning of harmful substances into the sea 35. Section 26AB of the Principal Act is amended by omitting from subsection (1) "or in a freight container, portable tank or road and rail tank wagon". 36. After section 26B of the Principal Act the following Division and heading are inserted in Part IIIB: "Division 1—Discharge of sewage in the Antarctic Area Interpretation "26BA. Unless the contrary intention appears, an expression that is used in this Division and in Annex IV of the Antarctic Protocol (whether or not a particular meaning is given to it by that Annex) has, in this Division, the same meaning as in that Annex. Object of Division "26BB. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage in the Antarctic Area under Annex IV of the Antarctic Protocol. Prohibition of discharge of sewage "26BC.(1) Subject to subsections (2) to (4) (inclusive), if any discharge of untreated sewage occurs from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area, the master of the ship and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding $200,000. "(2) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Australian Antarctic Territory. "(3) Subsection (1) does not apply if the sewage was discharged for the purpose of: (a) securing the safety of the ship and persons on board the ship; or (b) saving life at sea. "(4) Without limiting the generality of subsection (3), subsection (1) does not apply to the discharge of sewage from a ship if: (a) the sewage was stored in a holding tank; and (b) the sewage is not discharged instantaneously but is discharged from the holding tank at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots; and (c) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land or ice shelf. "(5) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into the sea in the Antarctic Area, but it is a defence if it is proved that, because of subsection (2), (3) or (4), subsection (1) does not apply in relation to the discharge. "Division 2—Discharge of sewage in other sea areas". Interpretation 37. Section 26C of the Principal Act is amended: (a) by omitting "Part" (wherever occurring) and substituting "Division"; (b) by adding at the end the following subsection: "(2) In this Division: 'sea' does not include the sea in the Antarctic Area.". 38. After section 26C of the Principal Act the following section is inserted: Object of Division "26CA. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage into the sea under Annex IV of the Convention.". Operation of Division 39. Section 26DA is amended by omitting "Part" and substituting "Division". Interpretation 40. Section 26E of the Principal Act is amended by adding at the end the following subsection: "(2) Unless the contrary intention appears, an expression that is used in subsection 26F(8A) and in Annex IV to the Antarctic Protocol (whether or not a particular meaning is given by that Protocol) has, in that subsection, the same meaning as in that Annex.". 41. After section 26E of the Principal Act the following section is inserted: Object of Part "26EA. The object of this Part is to give effect to Australia's obligations: (a) regarding the prevention of pollution by garbage from ships under Annex V to the Convention; and (b) regarding the disposal of garbage from ships under Annex IV to the Antarctic Protocol.". Prohibition of disposal of garbage into the sea 42. Section 26F of the Principal Act is amended: (a) by inserting in subsection (8) "outside the Antarctic Area" after "sea"; (b) by inserting after subsection (8) the following subsection: "(8A) Without limiting the generality of subsection (5), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea in the Antarctic Area if: (a) the garbage has been passed through a comminuter or grinder so that it is capable of passing through a screen with no opening wider than 25 millimetres; and (b) the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land or ice shelf."; (c) by inserting in subsection (12) ", (8A)" after "(8)". Application of certain provisions to foreign ships 43. Section 32 of the Principal Act is amended: (a) by inserting after subsection (1) the following subsection: "(1A) Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of a shipboard oil pollution emergency plan on board of Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships: (a) in a port in Australia; or (b) in the territorial sea of Australia; or (c) in the sea on the landward side of the territorial sea of Australia."; (b) by omitting from subsection (2) "made under subsection (1) shall" and substituting "under this section does". Schedules 44.(1) Schedule 1 to the Principal Act is amended by omitting from the text of the convention set out in that Schedule the text of Annex III to that convention and substituting the Annex set out in Schedule 3 to this Act. (2) The Principal Act is amended by adding at the end the Schedule set out in Schedule 4 to this Act. (3) The Principal Act is amended by inserting after Schedule 9 the Schedules set out in Schedule 5 to this Act. (4) The Principal Act is amended by adding at the end the Schedule set out in Schedule 6 to this Act. PART 10—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1991 Principal Act 45. In this Part, "Principal Act" means the Telecommunications Act 19919. Applications for general telecommunications licences and certain public mobile licences 46. Section 56 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: "(1) An eligible corporation may apply to the Minister, in a manner and form approved by the Minister, for a general telecommunications licence. "(1A) An eligible corporation: (a) that is the holder of a public mobile licence that the corporation proposes to replace when the licence ceases to have effect; or (b) to whom it is sought to transfer such a licence under section 59; may apply to the Minister, in a manner and form approved by the Minister, for a public mobile licence.". 47. After section 57 of the Principal Act the following section is inserted: Allocation system for certain public mobile licences "57A.(1) The Minister is to determine, in writing, an allocation system for the purpose of granting public mobile licences to eligible corporations, other than eligible corporations to which subsection 56(1A) applies. "(2) Without limiting the operation of subsection (1), an allocation system may: (a) provide, whether by means of a tendering process or otherwise, for the grantee of a licence under the allocation system to pay for the grant of the licence; and (b) specify criteria to which the Minister is to have regard in considering whether or not to grant a licence under the allocation system. "(3) The Minister may vary or revoke a determination made under subsection (1). "(4) The Minister may grant, or refuse to grant, a public mobile licence to an eligible corporation, other than an eligible corporation to which subsection 56(1A) applies, in accordance with a system determined under subsection (1). "(5) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.". Agreement with carrier about licences 48. Section 70 of the Principal Act is amended by inserting in paragraph (1)(a) "or 57A" after "57". 49. After Division 5 of Part 5 of the Principal Act, the following Division is inserted: "Division 5A—Collection and recovery of public mobile licence charge Definition "87A. In this Division: 'charge' means the charge imposed by section 4 of the Telecommunications (Public Mobile Licence Charge) Act 1992. When charge is payable "87B.(1) Subject to subsection (2), charge is to be paid at the time a public mobile licence is granted under section 57A. "(2) The Minister may determine, in writing, that charge is to be paid: (a) on a day determined by the Minister; or (b) in instalments of such amounts, payable at such times, as the Minister determines. "(3) The Minister may vary a determination made under subsection (2). Unpaid charge is a debt due to Commonwealth "87C. An amount of charge that is payable but has not been paid may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.". A general carrier may replace, repair and maintain facilities etc. 50. Section 131 of the Principal Act is amended by omitting from subsection (3) "power" and substituting "owner". Dominant carrier not to discriminate between acquirers of telecommunications services 51. Section 183 of the Principal Act is amended by adding at the end the following subsection: "(3) Subsection (1) does not apply in relation to discrimination by a carrier in favour of: (a) a person who is a concessional beneficiary within the meaning of Part VII of the National Health Act 1953; or (b) a person to whom, or in respect of whom, a pension or allowance is being paid under the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940; or (c) any other person that the carrier reasonably believes is disadvantaged on financial or health grounds.". Basic carriage service must be tariffed if supplied to a person other than a carrier 52. Section 194 of the Principal Act is amended by adding at the end the following subsection: "(3) Subsection (1) does not apply in relation to such basic carriage services, or in such circumstances, (if any) as are prescribed.". 53. After section 402 of the Principal Act the following section is inserted: Person not to use protected name or protected symbol "402A.(1) A person must not, unless AUSTEL consents in writing: (a) use in relation to a business, trade, profession or occupation; or (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let or hire; or (d) use in relation to: (i) goods or services; or (ii) the promotion, by any means, of supply or use of goods or services; either: (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or (f) the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it. Penalty: $3,000. "(2) Nothing in subsection (1) limits anything else in that subsection. "(3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to the protected symbol, affects rights conferred by law on a person in relation to: (a) a trade mark that is registered under the Trade Marks Act 1955; or (b) a design that is registered under the Designs Act 1906; and was so registered immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992 in relation to the name or symbol. "(4) Nothing in this section, so far as it applies to a protected name or in relation to the protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992, the person: (a) was using the name or the symbol in good faith in that manner; or (b) would have been entitled to prevent another person from passing off, by means of the use of the name or the symbol or a similar name or symbol, goods or services as the goods or services of the first-mentioned person. "(5) This section does not apply to a person who uses or applies a protected name or the protected symbol for the purpose of labelling customer equipment in accordance with a permit in force under subsection 258(1). "(6) In this section: 'protected name' means: (a) 'AUSTEL'; or (b) 'Australian Telecommunications Authority'; 'protected symbol' means the official symbol of AUSTEL, the design of which is set out in the regulations.". PART 11—AMENDMENT OF THE TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1990 Principal Act 54. In this Part, "Principal Act" means the Transport and Communications Legislation Amendment Act 199010. Interpretation 55. Section 26 of the Principal Act is amended by omitting "Section 3" and substituting "Section 5". SCHEDULE 1 Section 6 ADDITIONAL SCHEDULES TO THE AIR NAVIGATION ACT 1920 SCHEDULE 11 Section 4 PROTOCOL relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at Montreal on 6 October 1989 THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION HAVING MET in its Twenty-seventh Session at Montreal on 6 October 1989, HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Air Navigation Commission, HAVING CONSIDERED it proper to increase the membership of that body from fifteen to nineteen, and 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: "In Article 56 of the Convention the expression 'fifteen members' shall be replaced by 'nineteen members'." 2. SPECIFIES, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and eight as the number of Contracting States upon whose ratification the aforesaid amendment shall come into force; and 3. RESOLVES that the Secretary General of the International Civil Aviation Organization shall draw up a Protocol, in the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the amendment above-mentioned and the matters hereinafter appearing: a) The Protocol shall be signed by the President of the Assembly and its Secretary General. SCHEDULE 1—continued 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 that have ratified it on the date on which the one hundred and 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-seventh 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-nine, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. 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. SCHEDULE 1—continued SCHEDULE 12 Section 4 PROTOCOL relating to an amendment to Article 50(a) of the Convention on International Civil Aviation Signed at Montreal on 26 October 1990 THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION HAVING MET in its Twenty-eighth Session (Extraordinary) at Montreal on 25 October 1990; HAVING NOTED that it is the desire of a large number of Contracting States to enlarge the membership of the Council in order to ensure better balance by means of an increased representation of Contracting States; HAVING CONSIDERED it appropriate to increase the membership of that body from thirty-three to thirty-six; 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: "In Article 50(a) of the Convention the second sentence shall be amended by replacing 'thirty-three' by 'thirty-six'."; 2. SPECIFIES, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force; 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 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 SCHEDULE 1—continued 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 one hundred and 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-eighth Session (Extraordinary) of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol. DONE at Montreal on the twenty-sixth day of October of the year one thousand nine hundred and ninety, in a single document in the English, French, Russian and Spanish languages, each text being equally authentic. 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. SCHEDULE 2 Section 28 SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 SCHEDULE 3 Subsection 3(1) RESOLUTION MEPC.49(31) adopted on 4 July 1991 REVISION OF THE LIST OF SUBSTANCES TO BE ANNEXED TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL THE MARINE ENVIRONMENT PROTECTION COMMITTEE, NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, 1973, (the 1973 Protocol), NOTING FURTHER Resolution A.296(VIII) by which the Assembly designated the Committee as the appropriate body referred to in articles I and III of the above-mentioned Protocol, RECALLING Resolution MEPC.1(II) by which the Committee established on 21 November 1974 a list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, in accordance with Resolution 26 of the International Conference on Marine Pollution, 1973, and Resolution A.296(VIII), HAVING CONSIDERED proposals by governments for revising the list, HAVING taken account of scientific advice provided by the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) with regard to evaluation of the hazards of harmful substances in the marine environment and by the International Atomic Energy Agency in respect of radioactive materials, HAVING taken account of technical advice provided by the Sub-Committee on Bulk Chemicals and by the Sub-Committee on the Carriage of Dangerous Goods, SCHEDULE 2—continued 1. ADOPTS by the required two-thirds majority of the Parties to the 1973 Protocol present and voting in the Committee the amended list which appears in the Annex to this Resolution; 2. REQUESTS the Secretary-General to communicate the amended list to all Parties to the 1973 Protocol in accordance with article III, paragraph 5, for acceptance, and to inform them that the amended list shall be deemed to have been accepted at the end of the period of six months after it has been communicated, unless within that period an objection to these amendments has been communicated to the Organization by not less than one third of the Parties, and that the amended list shall enter into force three months after it has been deemed to have been accepted; 3. REQUESTS FURTHER the Secretary-General to annex copies thereof to the authentic text of the Protocol in accordance with article I, paragraph 2(a), once the amended list has been accepted in accordance with article III, paragraph 6, to replace the existing list; 4. DECIDES that the list should be kept under review, in consultation and co-operation with competent international organizations, in particular the International Atomic Energy Agency in respect of radioactive materials. ANNEX LIST OF SUBSTANCES Appendix 1 Oil carried in bulk as listed in appendix I to Annex I of MARPOL 73/78 other than those covered by the 1969 Intervention Convention Asphalt solutions Gasolines blending stocks Blending stocks Alkylates—fuel Roofers flux Reformates Straight run residue Polymer—fuel Oils Gasolines Clarified Casinghead (natural) Road oil Automotive Transformer oil Aviation SCHEDULE 2—continued Aromatic oil (excluding Straight run vegetable oil) Fuel oil No. 1 (Kerosene) Mineral oil Fuel oil No.1-D Motor oil Fuel oil No.2 Penetrating oil Fuel oil No.2-D Spindle oil Jet fuels Turbine oil JP-1 (Kerosene) Distillates JP-3 Straight run JP-5 (Kerosene, heavy) Flashed feed stocks Turbo fuel Gas oil Kerosene Cracked Mineral spirit Naphtha Solvent Petroleum Heartcut distillate oil Appendix 2 Noxious liquid substances carried in bulk Acetone cyanohydrin Acetic anhydride Acrylonitrile Alcohol (C12-C15) poly(l-3) ethoxylates Alcohol (C12-C15) poly(3-11) ethoxylates Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates Alcohol (C6-C17) (secondary) poly(7-12) ethoxylates Allyl alcohol Allyl chloride Ammonium sulphide solution (45% or less) Aniline Benzene and mixtures having 10% benzene or more Benzyl chloride Butene oligomer n-Butyl acrylate Butylbenzenes (all isomers) Butyl benzyl phthalate n-Butyraldehyde Calcium hypochlorite solution (more than 15%) Calcium naphthenate in mineral oil Camphor oil SCHEDULE 2—continued Carbolic oil Carbon disulphide Carbon tetrachloride Chlorinated paraffins (C10-C13) Chlorobenzene Chloroform o-Chloronitrobenzene m-Chlorotoluene o-Chlorotoluene p-Chlorotoluene Chlorotoluenes (mixed isomers) Coal tar Coal tar naphtha solvent Cobalt naphthenate in solvent naphtha Creosote (coal tar) Creosote (wood) Cresols (all isomers) Cresylic acid, sodium salt solution Crotonaldehyde Cyclohexyl acetate 1,3-Cyclopentadiene dimer (molten) Cyclopentene Decene Decyl acrylate Decyl alcohol (all isomers) Dibutyl phthalate Dichlorobenzenes (all isomers) 1,1-Dichloroethane Dichloroethyl ether 1,6-Dichlorohexene 2,4-Dichlorophenol 2,4-Dichlorophenoxyacetic acid, diethanolamine salt solution 2,4-Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less) 2,4-Dichlorophenoxyacetic acid, triisopropanolamine salt solution 1,1-Dichloropropane 1,2-Dichloropropane 1,3-Dichloropropane 1,3-Dichloropropene Dichloropropene/Dichloropropane mixtures Diethyl sulphate Diglycidyl ether of bisphenol A Diglycidyl ether of bisphenol F Di-n-hexyl adipate Diisobutylene SCHEDULE 2—continued Diisobutyl phthalate Diisopropylbenzene (all isomers) Dimethyl adipate Dimethylamine solution (45% or less) Dimethylamine solution (greater than 45% but not greater than 55%) Dimethylamine solution (greater than 55% but not greater than 65%) Dinitrotoluene (molten) Diphenyl Diphenyl/Diphenyl ether mixtures Diphenyl ether Diphenyl ether/Diphenyl phenyl ether mixture Diphenylmethane diisocyanate Diphenylol propane-epichlorohydrin resins Dodecene (all isomers) Dodecyl alcohol Dodecyl diphenyl ether disulphonate solution Dodecyl phenol Drilling brines, containing Zinc salts Epichlorohydrin Ethyl acrylate Ethylene chlorohydrin Ethylene dibromide Ethylene dichloride 2-Ethylhexyl acrylate 2-Ethylhexylamine Ethylidene norbornene o-Ethylphenol 2-Ethyl-3-propylacrolein Ethyltoluene Fluorosilicic acid Fumaric adduct of rosin, water dispersion Glycidyl ester of C10 trialkylacetic acid Heptyl acetate Hexyl acetate 2-Hydroxyethyl acrylate Isobutyl acrylate Isophorone diisocyanate Isopropylbenzene Lactonitrile solution (80% or less) Lauric acid Mercaptobenzothiazol, sodium salt solution Metam sodium solution Methacrylic resin in 1,2-Dichloroethane solution Methacrylonitrile Methyl acrylate SCHEDULE 2—continued Methylcyclopentadiene dimer 2-Methyl-5-ethyl pyridine Methyl heptyl ketone Methylnaphthalene 2-Methylpyridine 4-Methylpyridine N-Methyl-2-pyrrolidone Methyl salicylate alpha-Methylstyrene Motor fuel anti-knock compounds Naphthalene (molten) Naphthenic acids Nitrobenzene o-Nitrophenol (molten) Nonene Nonylphenol Nonylphenol poly (4-12) ethoxylates Octane (all isomers) Octene (all isomers) Octyl aldehydes Octyl nitrates (all isomers) Olefin mixtures (C5-C15) Oleum alpha-Olefins (C6-C18) mixtures Pentachloroethane Perchloroethylene Phenol Phosphorus, yellow or white Pinene n-Propyl chloride Propylene tetramer Propylene trimer Rosin Rosin soap (disproportionated) solution Sodium hydrosulphide/Ammonium sulphide solution Sodium hydrosulphide solution (45% or less) Sodium sulphide solution Sodium nitrite solution Sodium thiocyanate solution (56% or less) Styrene monomer Tall oil (crude and distilled) Tall oil soap (disproportionated) solution Tetrachloroethane Toluene Toluene diisocyanate SCHEDULE 2—continued Tributyl phosphate 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene 1,2,3-Trichloropropane Tricresyl phosphate (containing less than 1% ortho-isomer) Tricresyl phosphate (containing 1% or more ortho-isomer) Triethylbenzene Trimethyl benzenes (all isomers) Trimethylhexamethylene diisocyanate (2,2,4- and 2,4,4-isomers) Trixylyl phosphate Turpentine 1-Undecene Undecyl alcohol Vinylidene chloride Vinyl neodecanoate Vinyltoluene White spirit, low (15-20%) aromatic Xylenol Appendix 3 Harmful substances carried in packaged form Substances Binapacryl Cadmium compounds, except Cadmium selenide and Cadmium sulphide Chlorined paraffins (C10-C13) Chlorophenates Copper cyanide Coumarin derivative pesticides as follows: Brodifacoum Coumaphos Cresyl diphenyl phosphate Cypermethrin Diphenylamine chloroarsine Diphenylchloroarsine Dodecylphenol Ethyldichloroarsine Fenpropathrin Hexachlorobutadienc Mercuric arsenate Mercuric chloride Mercuric nitrate SCHEDULE 2—continued Mercuric potassium cyanide Mercurous nitrate Mercury acetates Mercury ammonium chloride Mercury based pesticides Mercury benzoate Mercury bromides Mercury compounds except Mercuric sulphide and Mercury iodide Mercury cyanide Mercury gluconate Mercury nucleate Mercury oleate Mercury oxide Mercury oxycyanide desensitized Mercury potassium iodide Mercury salicylate Mercury sulphates Mercury thiocyanate Nickel cyanide Nickel carbonyl Organochlorine pesticides as follows: Aldrin Camphechlor Chlordane DDT Dieldrin Endosulfan Endrin Heptachlor Lindane (gamma-BCH) Organophosphorus pesticides as follows: Azinphos-methyl Azinphos-ethyl Bromophos-ethyl Carbophenothion Chlorpyriphos Chlorthiophos Dialifos Diazinon Dichlofenthion Dichlorvos Dimethoate EPN Ethion Fenitrothion SCHEDULE 2—continued Fenthion Fonofos Isoxathion Mevinphos Parathion Parathion-methyl Pirimiphos ethyl Phenthoate Phorate Phosalone Phosphamidon Pyrazophos Sulprophos Terbufos Organotin compounds Organotin pesticides Osmium tetroxide Pentachlorophenol Phenylmercuric acetate Phenylmercuric compounds Phenylmercuric nitrate Phosphorus, white or yellow Polychlorinated biphenyls or terphenyls Polyhalogenated biphenyls or terphenyls Potassium cuprocyanide Silver arsenite Sodium cuprocyanide Sodium pentachlorophenate Triaryl phosphates Tricresyl phosphates, more than 1% ortho-isomer Zinc cyanide Appendix 4 Radioactive materials Radioactive materials which are transported in type B packages, or as fissile materials, or under special arrangement, as covered by the provisions of schedules 10 to 13 of class 7 of the International Maritime Dangerous Goods Code. Appendix 5 Liquefied gases carried in bulk Acetaldehyde Anhydrous Ammonia Chlorine SCHEDULE 2—continued Dimethylamine Ethyl chloride Ethylene oxide Hydrogen chloride, anhydrous Hydrogen fluoride, anhydrous Methyl bromide Methyl chloride Sulphur dioxide Vinyl chloride monomer SCHEDULE 3 Subsection 44(1) ANNEX TO BE SUBSTITUTED FOR ANNEX III TO THE CONVENTION SET OUT IN SCHEDULE 1 TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 ANNEX III Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form Regulation 1 Application 1 Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form. 1.1 For the purposes of this Annex, harmful substances are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code).* 1.2 Guidelines for the identification of harmful substances in packaged form are given in the appendix to this Annex. 1.3 For the purposes of this Annex, packaged form is defined as the forms of containment specified for harmful substances in the IMDG Code.* 2 Such carriage of harmful substances is prohibited except in accordance with the provisions of this Annex. 3 To supplement the provisions of this Annex, the Government of each Party to the Convention shall issue, or cause to be issued detailed requirements on packing, marking, labelling, documentation stowage, quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances. 4 For the purposes of this Annex, empty packagings which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment. 5 The requirements of this Annex do not apply to ship