Commonwealth: Transport Legislation Amendment Act 1995 (Cth)

Transport Legislation Amendment Act 1995 No. 95 of 1995 An Act to amend legislation relating to transport, and for related purposes [Assented to 27 July 1995] The Parliament of Australia enacts: Short title 1. This Act may be cited as the Transport Legislation Amendment Act 1995. Commencement 2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Part B of Schedule 1 commences immediately before the commencement of the Audit (Transitional and Miscellaneous) Amendment Act 1995. (3) The following provisions commence on the day on which this Act receives the Royal Assent or 1 July 1995, whichever is later: (a) Part C of Schedule 1 (except items 4, 5 and 7); (b) Parts D and F of Schedule 1. (4) Items 4,5 and 7 of Part C of Schedule 1 commence on the same day as the Financial Management and Accountability Act 1995. (5) Subject to subsection (9), items 1, 4, 5, 14 and 15 of Part G of Schedule 1 commence on a day or days to be fixed by Proclamation. (6) Items 4 and 28 to 36 of Part H of Schedule 1 commence on a day or days to be fixed by Proclamation, not earlier than the day on which the instrument of acceptance of the Protocol of 1988 relating to the International Convention on Load Lines, 1966, is lodged by Australia with the Secretary-General of the International Maritime Organization. (7) Items 5 to 12 and 14 to 27 of Part H of Schedule 1 commence on a day or days to be fixed by Proclamation, not earlier than the day on which the instrument of acceptance of the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974, is lodged by Australia with the Secretary-General of the International Maritime Organization. (8) Subject to subsection (10), items 37 to 54 and 58 of Part H of Schedule 1 commence on a day to be fixed by Proclamation. (9) If items 1, 4, 5, 14 and 15 of Part G of Schedule 1, or any of them, do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (10) If items 37 to 54 and 58 of Part H of Schedule 1 do not commence within the period of 6 months beginning on the day on which the International Convention on Salvage, 1989 enters into force for Australia, they commence on the first day after the end of that period. Amendments of Acts 3. The Acts specified in Schedule 1 are amended as set out in that Schedule and, so far as the Protection of the Sea Legislation Amendment Act 1986 is concerned, in Schedule 2. Application—Australian Maritime Safety Authority dividend for 1994-95 4. Section 38 of the Australian Maritime Safety Authority Act 1990 applies in relation to the financial year ending on 30 June 1995 as if that section had not been repealed, and section 27 of that Act had not been amended, by this Act. Application—Australian Maritime Safety Authority annual report for 1994-95 5. The amendment of section 44 of the Australian Maritime Safety Authority Act 1990 made by item 17of Part C of Schedule 1 to this Act does not apply in relation to the annual report for the year ending on 30 June 1995. Application—Chief Executive Officer of Australian Maritime Safety Authority 6. The amendment made by item 18 of Part C of Schedule 1 applies in relation to Chief Executive Officers of the Australian Maritime Safely Authority appointed after the commencement of the amendment. Transitional—Australian Maritime Safety Authority staff 7.(1) A person who, immediately before the commencement of section 3, so far as it relates to the amendment of the Australian Maritime Safety Authority Act 1990 set out in item 19 of Part C of Schedule 1, was appointed or employed by the Authority as provided for by section 55 of that Act is to be taken, immediately after the commencement, to be appointed or employed by the Australian Maritime Safety Authority, on the same terms and conditions, under section 55 of that Act as amended by this Act. (2) An officer (within the meaning of subsection 7(1) of the Public Service Act 1922) to whom subsection (1) of this section applies is to be taken, for the purposes of Part IV of that Act, to be an officer (within the meaning of Division 9A of Part III of that Act) specified, or included in a class of such officers specified, in a declaration under subsection 81C(1) of that Act. Certain declarations, orders, regulations and approvals under the Motor Vehicle Standards Act 1989 to continue in force 8.(1) Any declarations made for the purposes of the definition of "road motor vehicle" in subsection 5(1) of the Motor Vehicle Standards Act 1989 and in force immediately before the commencement of the amendment of that definition made by this Act, continue, in force, after that commencement, as if they were determinations duly made under section 5B of that Act as amended by this Act. (2) Any orders made under subsection 7(1) of the Motor Vehicle Standards Act 1989 and in force immediately before the commencement of the amendments of that subsection made by this Act continue in force, after that commencement, as if they were determinations duly made under subsection 7(1) of that Act as amended by this Act. (3) Any regulations made under subsection 10(1) of the Motor Vehicle Standards Act 1989 and in force immediately before the repeal of section 10 of that Act continue in force, after that repeal, as if they were determinations duly made under subsection 10(1) of that Act as amended by this Act. (4) A compliance plate affixed under arrangements made under section 10 of the Motor Vehicle Standards Act 1989 as in force immediately before the commencement of section 14A of that Act as amended by this Act, is, after that commencement, taken to be an identification plate for the purposes of section 10 of that Act as amended by this Act. (5) Any approvals given under subsection 10(2) of the Motor Vehicle Standards Act 1989 and in force immediately before the repeal of section 10 of that Act continue in force, after that repeal, as if they were approvals duly given under subsection 10A(3) of that Act as amended by this Act. (6) Any approvals given under subsection 14(2) of the Motor Vehicle Standards Act 1989 and in force immediately before the commencement of the amendments of section 14 made by this Act continue in force, after that commencement, as if they were approvals duly given under section 14A of that Act as amended by this Act. Application provision relating to the Navigation Act 1912 9. A power exercised by the Australian Maritime Safety Authority under section 329 of the Navigation Act 1912 as in force immediately before the repeal of Division 6 of Part VII of that Act, is taken, after that repeal, to have been exercised under section 314A of that Act as amended by this Act. Application provision relating to the Ships (Capital Grants) Act 1987 10. The amendments of sections 3 and 7 of the Ships (Capital Grants) Act 1987 do not apply in respect of a ship if the construction, or the shipowner's purchase, of the ship was arranged by the shipowner before the day on which those amendments come into force. Application of amendments relating to appointments 11.(1) The amendments of subsections 36A(1) and (2) and 36F(1) of the Australian National Railways Commission Act 1983 made by this Act apply in relation to appointments made after the commencement of those amendments. (2) The amendment of subsection 58(1) of the Federal Airports Corporation Act 1986 made by this Act applies to appointments made after the commencement of that amendment. Application of amendments relating to interim dividends 12.(1) The amendment made by this Act that inserts section 57A into the Australian National Railways Commission Act 1983 applies as follows: (a) if the amendment commences on the first day of a financial year—it applies to that financial year and to subsequent financial years; (b) if paragraph (a) does not apply—it applies to the first financial year that starts after the commencement of the amendment and to subsequent financial years. (2) The amendment made by this Act that inserts section 46A into the Federal Airports Corporation Act 1986 applies as follows: (a) if the amendment commences on the first day of a financial year—it applies to that financial year and to subsequent financial years; (b) if paragraph (a) does not apply—it applies to the first financial year that starts after the commencement of the amendment and to subsequent financial years. Further formal amendments 13. The Navigation Act 1912 and the Protection of the Sea (Civil Liability) Act 1981 are further amended as set out in Schedule 3. SCHEDULE 1 Section 3 AMENDMENTS OF ACTS PART A AMENDMENTS OF THE AIR NAVIGATION ACT 1920 1. Paragraph 11A(2)(a): Omit ", transfer". 2. Paragraph 11A(2)(b): Omit ", transfer". 3. Subparagraph 11A(2)(c)(iii): Omit "international airline;", substitute "international airline.". 4. Subparagraph 11A(2)(c)(iv): Omit the subparagraph. PART B AMENDMENTS OF THE AUDIT (TRANSITIONAL AND MISCELLANEOUS) AMENDMENT ACT 1995 1. Item 197 of Schedule: Omit "Subsection 19(3)", substitute "Subsection 18(3)". 2. Items 201, 202 and 204 of Schedule: Omit the items. PART C AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 1. After section 2: Insert: Main objects of this Act "2A. The main objects of this Act are: (a) to promote maritime safety; and (b) to protect the marine environment from: (i) pollution from ships; and (ii) other environmental damage caused by shipping; and (c) to promote the efficient provision of services by the Authority.". SCHEDULE 1—continued 2. Subsection 9(3): Omit the subsection. 3. After section 9: Insert: Minister may give Authority notices about its strategic direction etc. "9A.(1) The Minister may, from time to time, by notice in writing to the Authority, advise the Authority of his or her views in relation to the following matters: (a) the appropriate strategic direction of the Authority; (b) the manner in which the Authority should perform its functions. "(2) The Authority must, in performing its functions, take account of notices given to it under subsection (1). "(3) The members must, in preparing each corporate plan, take account of notices given to the Authority under subsection (1). "(4) The Authority must include in its annual report under section 63H of the Audit Act 1901 for a financial year: (a) a summary of notices given to the Authority, in that financial year, under subsection (1); and (b) a summary of action taken in that financial year by the Authority because of notices given to the Authority under subsection (1) in that or any other financial year. Minister may direct Authority to give documents and information to nominee "9B.(1) In this section: 'ministerial nominee' means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Authority. "(2) The Minister may direct the Authority to give to a specified ministerial nominee any documents or information relating to the operations of the Authority that the nominee requests. "(3) The Authority must comply with a direction by the Minister under subsection (2). "(4) The Authority must include in its annual report under section 63H of the Audit Act 1901 for a financial year particulars of any directions given to the Authority by the Minister under subsection (2) in that financial year." SCHEDULE 1—continued 4. Subsection 9A(4): Omit "The Authority must include in its annual report under section 63H of the Audit Act 1901", substitute "The members must include in their annual report under section 9 of the Commonwealth Authorities and Companies Act 1995". 5. Subsection 9B(4): Omit "The Authority must include in its annual report under section 63H of the Audit Act 1901", substitute "The members must include in their annual report under section 9 of the Commonwealth Authorities and Companies Act 1995". 6. After subsection 21(3): Insert: "(3A) If the Minister is of the opinion that: (a) the Authority has failed to comply with subsection 9B(3); or (b) the members have failed to comply with subsection 25(4); the Minister may terminate the appointment of all members or specified members.". 7. Subsection 21(3A): Omit the subsection, substitute: "(3A) If the Minister is of the opinion that: (a) the Authority has failed to comply with section 9B of this Act; or (b) the members have failed to comply with: (i) subsection 25(4) of this Act; or (ii) subsection 13(2) or 15(1) of the Commonwealth Authorities and Companies Act 1995', or (iii) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1995', the Minister may terminate the appointment of all members or specified members.". 8. Sections 25 and 26: Repeal the sections, substitute: Corporate plan "25.(1) The members must prepare a corporate plan at least once a year and give it to the Minister. "(2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day. SCHEDULE 1—continued "(3) The plan must cover a period of at least 3 years. "(4) The members must keep the Minister informed about: (a) significant changes to the plan; and (b) matters that arise that might significantly affect the achievement of the objectives of the plan. "(5) The plan must include details of the following matters: (a) assumptions about the Authority's operational environment; (b) the Authority's strategies; (c) performance indicators for the Authority; (c) review of performance against previous corporate plans; (d) analysis of risk factors likely to affect safety in the maritime industry; (e) human resource strategies and industrial relations strategies. "(6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5). "(7) In preparing the plan, the members must take account of notices given under section 9A. Minister's response to corporate plan "26.(1) The Minister must respond to a corporate plan within 60 days of being given the plan. "(2) The Minister's response may include a direction to the members to vary the plan. "(3) A direction under subsection (2) must be in writing and must set out its reasons. "(4) If directing a variation of the corporate plan, the Minister must consider: (a) the objectives and policies of the Commonwealth Government; and (b) the objects of this Act; and (c)any other considerations the Minister thinks appropriate. "(5) If the Minister's response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.". 9. Section 27: Omit "preparing the financial plan, the Authority", substitute "including details of the performance indicators for the Authority in the corporate plan, the members". Note: The heading to section 27 is altered by omitting "Financial targets and performance" and substituting "Performance". SCHEDULE 1—continued 10. Paragraph 27(e): Omit the paragraph, substitute: "(e) the performance of functions of the Authority that are directly funded by the Commonwealth; and". 11. Paragraphs 27(h) and (j): Omit the paragraphs. 12. Paragraph 27(k): Omit the paragraph, substitute: "(k) any other consideration affecting the performance of the Authority that the members think appropriate.". 13. Section 29: Repeal the section. 14. Paragraph 37(2)(b): Omit "tax; or", substitute "tax.". 15.Paragraph 37(2)(c): Omit the paragraph. 16 Section 38: Repeal the section. 17. Subsection 44(2): Omit "financial targets and". 18. Section 51: Repeal the section, substitute: Remuneration and allowances of Chief Executive Officer "51.(1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed by the regulations. "(2) The Chief Executive Officer is to be paid the allowances that are prescribed by the regulations. "(3) This section has effect subject to the Remuneration Tribunal Act 1973. Leave of absence "51A.(1) Subject to section 87E of the Public Service Act 1922, the Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. SCHEDULE 1—continued "(2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.". 19. Section 55: Repeal the section, substitute: Staff of Authority "55. The staff of the Authority are to be persons appointed or employed by the Authority on such terms and conditions as are determined by the Authority in writing.". 20. Section 60: Omit "29 or 38,". PART D AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 1. After section 20: Insert: Minister may give Commission notices about its strategic direction etc. "20A.(1) The Minister may, from time to time, by notice in writing to the Commission, advise the Commission of his or her views in relation to the following matters: (a) the appropriate strategic direction of the Commission; (b) the manner in which the Commission should perform its functions. "(2) The Commission must, in performing its functions, take account of notices given to it under subsection (1). "(3) The Commission must, in developing objectives, strategies and policies under subsection 22(1), take account of notices given to it under subsection (1) of this section. "(4) The Commission must include in the annual report for a financial year: (a) a summary of notices given to the Commission, in that financial year, under subsection (1); and (b) a summary of action taken by the Commission, in that financial year, because of notices given to the Commission under subsection (1) in that or any other financial year SCHEDULE 1—continued Minister may direct Commission to give documents and information to nominee "20B.(1) In this section: 'ministerial nominee' means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Commission. "(2) The Minister may direct the Commission to give to a specified ministerial nominee any documents or information relating to the operations of the Commission that the nominee requests. "(3) The Commission must comply with a direction by the Minister under subsection (2). "(4) The Commission must include in the annual report for a financial year particulars of any directions given to the Commission by the Minister under subsection (2) in that financial year.". 2. After subsection 32(3): Insert: "(3A) If: (a) the Minister is of the opinion that the Commission has failed to comply with section 20B of this Act; and (b) the Minister proposes that the appointment of all or specified Commissioners be terminated; the Governor-General is to terminate the appointment of all Commissioners, or the specified Commissioners, as the case may be.". 3. Subsection 36A(1): Omit the subsection, substitute: "(1) The Managing Director is to be appointed by the Commission.". 4. Subsection 36A(2): Omit "The Minister shall", substitute "The Commission must". 5. Subsection 36F(1): Omit "The Minister", substitute "The Commission". 6. Before subparagraph 55(1)(a)(i): Insert: "(ia) a specified rate of return on the Commission's assets; or". 7. Subparagraph 55(1)(a)(i): Add at the end: "or". SCHEDULE 1—continued 8. After section 57: Insert: Interim dividends "57A.(1) In this section: 'interim dividend', in relation to a financial year, means an amount paid on account of the dividend that may become payable under section 57 for the financial year. "(2) The Commission must, before 1 March in each financial year, by notice in writing given to the Minister, recommend that the Commission pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year. "(3) In making a recommendation, the Commission must have regard to: (a) the need to ensure that the Commonwealth receives a reasonable return on the capital of the Commission used in the Commission's operations in the financial year; and (b) such other commercial matters as the Commission considers relevant. "(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Commission, either: (a) approve the recommendation; or (b) give directions to the Commission in relation to the payment of an interim dividend. "(5) If the Minister gives the Commission a direction under paragraph (4)(b), he or she must inform the Commission, by notice in writing, of the reasons for the direction. "(6) If an interim dividend is approved or directed under subsection (4), the Authority must pay the interim dividend to the Commonwealth by 15 June in the financial year.". PART E AMENDMENTS OF THE CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 1. After section 11: Insert: SCHEDULE 1—continued Limitation of liability for Australian international carriers "11A.(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to: (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified. "(2) In this section: 'Australian international carrier' means: (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or (b) a carrier operating a non-scheduled international flight permitted under section 13A of the Air Navigation Act 1920; 'bilateral arrangement' has the same meaning as in section 11A of the Air Navigation Act 1920.". 2. After section 21: Insert: Limitation of liability for Australian international carriers "21A.(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to: (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or SCHEDULE 1—continued (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified. "(2) In this section: 'Australian international carrier' means: (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or (b) a carrier operating a non-scheduled international flight permitted under section 13A of the Air Navigation Act 1920; 'bilateral arrangement' has the same meaning as in section 11A of the Air Navigation Act 1920". 3. Subsection 26(1): Insert: " 'domestic carrier' means a carrier operating a flight for the carriage of passengers: (a) between a place in a State and a place in another State; or (b) between a place in a Territory and a place in Australia outside that Territory; or (c) between a place in a Territory and another place in that Territory; other than carriage to which Part 2 or 3 applies;". 4. Subsection 31(1): Omit "carrier", substitute "domestic carrier". 5. Paragraph 31(1)(a): Omit "$100,000", substitute "$500,000". 6. Paragraph 31(1)(b): Omit "$100,000", substitute "$500,000". SCHEDULE 1—continued 7. Paragraph 31(1)(c): Omit the paragraph, substitute: "(c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds $500,000—the amount so specified; or (d) if, at the date of the accident, a regulation prescribing an amount was in force as mentioned in paragraph (b) but the contract of carriage under which the passenger was carried specified an amount that exceeds that amount as the limit of the carrier's liability—the amount so specified.". 8. After subsection 31(1): Insert: "(1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to: (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.". PART F AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 1. After subsection 19(2B): Insert SCHEDULE 1—continued "(2C) If the Minister is of the opinion that the Board has failed to comply with section 42B, the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer).". 2. After section 42: Insert in Part V: Minister may give Corporation notices about its strategic direction etc. "42A.(1) The Minister may, from time to time, by notice in writing to the Corporation, advise the Corporation of his or her views in relation to the following matters: (a) the appropriate strategic direction of the Corporation; (b) the manner in which the Corporation should perform its functions. "(2) The Corporation must, in performing its functions, take account of notices given to it under subsection (1). "(3) The Board must, in preparing each Corporate plan, take account of notices given to the Corporation under subsection (1). "(4) The Corporation must include in the annual report for a financial year: (a) a summary of notices given to the Corporation, in that financial year, under subsection (1); and (b) a summary of action taken in that financial year by the Board or the Corporation because of notices given to the Corporation under subsection (1) in that or any other financial year. Minister may direct Corporation to give documents and information to nominee "42B.(1) In this section: 'ministerial nominee' means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Corporation. "(2) The Minister may direct the Board to give to a specified ministerial nominee any documents or information relating to the operations of the Corporation that the nominee requests. "(3) The Board must comply with a direction by the Minister under subsection (2). "(4) The Corporation must include in the annual report for a financial year particulars of any directions given to the Board by the Minister under subsection (2) in that financial year." SCHEDULE 1—continued 3. After section 46: Insert: Interim dividends "46A.(1) In this section: 'interim dividend', in relation to a financial year, means an amount paid on account of the dividend that may become payable under section 46 for the financial year. "(2) The Board must, before 1 March in each financial year, by notice in writing given to the Minister, recommend that the Corporation pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year. "(3) In making a recommendation, the Board must have regard to: (a) the matters specified in paragraphs 39(1)(a), (c), (d), (e) and (f); and (b) the extent of the Commonwealth's equity in the Corporation; and (c) such other commercial considerations as the Board considers fit. "(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Board, either: (a) approve the recommendation; or (b) give directions to the Board in relation to the payment of an interim dividend. "(5) The Minister must, in giving a notice under subsection (4), have regard to: (a) the matters specified in paragraphs 39(1)(a), (c), (d), (e), (ea) and (f); and (b) the extent of the Commonwealth's equity in the Corporation; and (c) such other commercial considerations the Minister thinks appropriate. "(6) If an interim dividend is approved or directed under subsection (4), the Corporation must pay the interim dividend to the Commonwealth by 15 June in the financial year.". 4. Subsection 58(1): Omit "The Minister, after receiving a recommendation from the Board,", substitute "The Board". SCHEDULE 1—continued PART G AMENDMENTS OF THE MOTOR VEHICLE STANDARDS ACT 1989 1. Subsection 5(1) (definition of "compliance plate"): Omit the definition. 2. Subsection 5(1) (definition of "imported vehicle"): Omit "after the commencement of section 18, or, if that section does not commence before 1 July 1989, on or after that date,", substitute "on or after 1 July 1989". 3. Subsection 5(1) (definition of "road motor vehicle"): Omit "but does not include vehicles declared by the Minister in writing not to be road motor vehicles for the purposes of this Act;". 4. Subsection 5(1) (definition of "nonstandard"): Omit the definition, substitute: " 'nonstandard', in relation to a road vehicle or a vehicle component, means not complying with the national standards and not taken to comply with the national standards by virtue of an approval given under subsection 10A(2);". 5. Subsection 5(1) (definition of "road vehicle"): Omit the definition, substitute: " 'road vehicle' means: (a) a road motor vehicle; or (b) a road trailer; or (c) a partly completed road motor vehicle; but does not include vehicles which the Minister has determined, under section 5B, are not road vehicles;". 6. Subsection 5(1) (definition of "standard vehicle"): Insert "or which is taken to comply with the national standards by virtue of an approval given under subsection 10A(2)," after "national standards,". 7.Subsection 5(1): Insert: " 'identification plate' means a plate declaring the status of a road vehicle in relation to the national standards and approved to be placed on vehicles of that type or description under procedures and arrangements provided for in subsection 10(1); SCHEDULE 1—continued 'placement', in relation to an identification plate, includes the engraving, or other like process, of information that would otherwise be contained on the plate;". (8) Subsection 5(2): Omit the subsection. 9. After section 5: Insert: Meaning of vehicle "5A. A reference in this Act to a 'vehicle' is to be taken as including a type or class of vehicles, unless otherwise specified. Determinations with respect to road vehicles "5B.(1) The Minister may determine, in writing, that vehicles of a particular class or description are not road vehicles for the purposes of this Act or of a specified provision of this Act. "(2) The Minister may declare, in writing, that a vehicle is not a road vehicle for the purposes of this Act or of a specified provision of this Act. "(3) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. "(4) Declarations under subsection (2) are notifiable by publication in the Gazette.". 10 Section 7: Repeal the section, substitute: Minister may determine vehicle standards "7.(1) The Minister may determine, in writing, vehicle standards for road vehicles or vehicle components. "(2) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901". 11. After section 7: Insert: Incorporation of documents setting out standards "7A.(1) In determining vehicle standards, the Minister may incorporate documents that set out standards: SCHEDULE 1—continued (a) produced by the Economic Commission for Europe, the International Electrotechnical Commission, the International Organization for Standardization or the Standards Association of Australia or by any other organisation that is determined by the Minister; and (b) in force from time to time. "(2) Determinations under paragraph (l)(a) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.". 12. Subsection 9(1): Omit "to be observed by manufacturers and importers in", substitute "and arrangements for". 13. Heading to Part 3: Omit the heading, substitute: "PART 3—CERTIFICATION AND APPROVAL". 14. Section 10: Repeal the section, substitute: Type identification plates "10.(1) The Minister may determine, in writing, from time to time, procedures and arrangements for the placement of plates on road vehicles or vehicle components if approval has been given under subsection 10A(1), (2) or (3) for plates to be placed on the vehicles or vehicle components. "(2) Without limiting the generality of subsection (1), the Minister may determine, in writing, procedure and arrangements in relation to identification plates, including procedures and arrangements with respect to: (a) the categories of identification plates to be utilised; and (b) the content, form and function of identification plates; and (c) the nature, content, sources and format of evidence to be presented to establish whether, and to what extent, a road vehicle or vehicle component complies with the national standards; and (d) the analysis, verification and supplementation of such evidence; and (e) the manner in which partly completed road vehicles are to be provided for; and (f) the manufacture and supply of identification plates; and (g) the placement of identification plates; and SCHEDULE 1—continued (h) the retention of records and information relevant to applications for, and the giving of, approvals under this section. "(3) Determinations under subsection (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. Approval for the placement of identification plates "10A.(1) If road vehicles or vehicle components of a particular type comply with the national standards, the Minister must give written approval for identification plates to be placed on vehicles or components of that type. "(2) If: (a) road vehicles or vehicle components of a particular type do not comply with the national standards; but (b) the Minister is satisfied that such noncompliance is only in minor and inconsequential respects; the Minister may give written approval for identification plates to be placed on vehicles or components of that type. "(3) If: (a) road vehicles or vehicle components of a particular type do not comply with the national standards; and (b) the Minister is satisfied that the noncompliance is not only in minor and inconsequential respects; but (c) the Minister is satisfied that, despite the noncompliance, vehicles or components of that type are safe to use if specified conditions are observed; the Minister may give written approval for identification plates to be placed on vehicles or components of that type. "(4) Authority for the placement of identification plates may be subject to written conditions determined by the Minister. Notification that approval has been given "10B.(1) If the Minister: (a) gives approval for the placement of identification plates on road vehicles or vehicle components under subsection 10A(1); and (b) that approval is given subject to conditions determined under subsection 10A(4); the Minister must provide, to the person to whom the approval is given, a statement specifying the conditions to be met. SCHEDULE 1—continued "(2) If the Minister: (a) gives approval for the placement of identification plates on road vehicles or vehicle components under subsection 10A(2) or (3); and (b) that approval is given subject to conditions determined under subsection 10A(4); the Minister must provide, to the person to whom the approval is given, a statement specifying: (c) the national standard or standards with which the vehicle or the component does not comply; and (d) the conditions to be met; and (e) the reasons for the imposition of those conditions. "(3) An approval given under subsection 10A(1), (2) or (3) must specify the subsection under which the approval was given and that the approval is a matter of public record. "(4) An identification plate placed on a road vehicle or a vehicle component by virtue of an approval given under subsection 10A(3) must specify that: (a) the vehicle is the nonstandard vehicle; and (b) use of the vehicle may be subject to conditions, including conditions stated on the plate.". 15. Section 11: (a) Omit "a compliance" (wherever occurring), substitute "an identification". (b) Omit "compliance plates" (wherever occurring), substitute "identification plates". 16. Section 12: Repeal the section, substitute: Offences in relation to identification plates "12. It is an offence for a person: (a) knowingly or recklessly to provide false or misleading information in an application for an authority to place an identification plate on a road vehicle or a vehicle component; or (b) knowingly or recklessly to manufacture or supply, without authority, a device purporting to be an identification plate; or (c) to place a device purporting to be an identification plate on a road vehicle or a vehicle component knowing the device is not such a plate or reckless as to whether it is such a plate or not; or SCHEDULE 1—continued (d) knowingly or recklessly to place an identification plate on a road vehicle or a vehicle component in relation to which no authority for the placement of that plate has been given; or (e) to place an identification plate on a road vehicle or a vehicle component in circumstances that, to the knowledge of the person, breaches the conditions for the placement of the plate fixed under subsection 10A(4). Penalty: 120 penalty units.". 17. Section 13: (a) Omit "a compliance", substitute "an identification". (b) Insert "procedures and" before "arrangements". (c) Omit "under the regulations", substitute "determined under section 10". 18. After section 13: Insert: Vehicles not to be made nonstandard "13A.(1) Subject to subsection (3), a person must not knowingly or recklessly modify a standard vehicle in a way that makes it nonstandard. Penalty: 120 penalty units. "(2) Subject to subsection (3), a person must not knowingly or recklessly hand over a standard vehicle to a person for modification, whether by that person or otherwise, in a way that makes it nonstandard. Penalty: 120 penalty units. "(3) A person may modify a standard vehicle in a way that makes it nonstandard, or hand over a new vehicle for such modification: (a) in prescribed circumstances; or (b) with the written approval of the Minister. "(4) An approval given under subsection (3) may be subject to written conditions determined by the Minister.". 19. Subsection 14(1): Omit "subsection (2)", substitute "section 14A". 20. Paragraph 14(l)(b): Omit "a compliance", substitute "an identification". 21. Subsection 14(2): Omit the subsection. SCHEDULE 1—continued 22. After section 14: Insert: Supply of nonstandard vehicles "14A.(1) A person may supply to the market a vehicle to which section 14 applies: (a) in prescribed circumstances; or (b) with the written approval of the Minister. "(2) An approval given under subsection (1) may be subject to written conditions determined by the Minister. No requirement to comply with certain standards "14B.(1) A person may supply a new vehicle to the market even though it does not comply with a local standard. "(2) In this section: 'local standard' means a vehicle standard for new vehicles, other than a national standard, purported to be required by a law of a State or Territory.". 23. Paragraph 15(l)(b): Omit "a compliance", substitute "an identification". 24 Section 16: Repeal the section. 25. Subsection 17(1): Omit "a compliance" (wherever occurring), substitute "an identification". 26. Paragraph 17A(2)(a): Omit "a compliance", substitute "an identification". 27. Paragraph 18(1) (b): Omit "a compliance", substitute "an identification". 28. Subsection 19(1): Omit "a compliance", substitute "an identification". 29. Subsection 20(1): Omit "a compliance", substitute "an identification". 30. Section 21: Repeal the section. SCHEDULE 1—continued 31. Section 23: Omit paragraphs (a) and (b), substitute: "(a) the power to determine that vehicles of a particular class or description are not road motor vehicles under subsection 5B(1); and (b) the power to determine national standards under section 7; and (c) the power to determine the organisations whose documents may be incorporated under section 7A; and (d) procedures and arrangements for determining whether road vehicles or vehicle components comply with this Act under section 9; and (e) the power to determine procedures and arrangements for the placement of identification plates on road vehicles under section 10; and (f) the power under section 11 to cancel an authority.". 32. Paragraph 24(l)(a): (a) Omit "a compliance" (wherever occurring), substitute "an identification". (b) Omit "compliance plates", substitute "identification plates". 33. Subsection 27(1): Omit "and Orders under section 7", substitute ", or determinations under section 7 or 10". 34. Subsection 28(1): Omit "or Orders under section 7", substitute ", or determinations under section 7 or 10". 35. Subsection 29(1): Omit "or Orders under section 7 have", substitute ", or determinations under section 7 or 10 have,". 36. Section 31: Omit "shall", substitute "must". 37. Subsection 34(3): Omit "shall, unless the contrary intention is proved,", insert ", unless the contrary intention is proved, is to". 38. Paragraph 37(a): Omit "a compliance", substitute "an identification". 39. Paragraph 37(b): Insert "or a determination under this Act" after "regulations". SCHEDULE 1—continued 40 Paragraph 39(1) (g): (a) Omit "a compliance" (wherever occurring), substitute "an identification". (b) Insert "or a determination" after "the regulations". 41. Paragraph 42(c): Omit "$1,000", substitute "10 penalty units". PART H AMENDMENTS OF THE NAVIGATION ACT 1912 1. Subsection 83(2): Omit "of", substitute "over". 2. After subsection 132(6): Insert: "(6A) A seaman is not entitled to wages under this section by reason of an illness, hurt or injury, occurring after the day on which this subsection commences, if the seaman is entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 in respect of that illness, hurt or injury. "(6B) A seaman can be taken, for the purposes of subsection (6A), to be entitled to compensation under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 even though the seaman: (a) has failed to give written notice of the illness, hurt or injury under section 62 of that Act; or (b) has failed to make a claim for compensation under section 63 of that Act. "(6C) If: (a) a seaman is left on shore by reason of illness, hurt or injury; and (b) the owner: (i) considers the seaman is entitled to compensation under the Seafarers Rehabilitation and Compensation Act 1992; and (ii) because of the operation of subsection (6A), intends not to pay wages in respect of any period during which the seaman is left on shore; the owner must advise the seaman, by notice in writing given to the seaman, of that intention. SCHEDULE 1—continued "(6D) A notice given under subsection (6C) is not to be taken as a determination of liability under section 73 of the Seafarers Rehabilitation and Compensation Act 1992". 3. After section 172: Insert: Report of matters recorded in official log-book "172A.(1) The master of a ship who is required by section 171 to keep an official log-book must, as soon as practicable after making an entry in relation to an occurrence under the code of conduct referred to in subsection 46(4A), report the recording of that occurrence to the Authority in accordance with regulations made under subsection (2). "(2) The regulations may provide for the manner and time of reporting the making of an entry in the official log-book in relation to an occurrence referred to in subsection (1).". Penalty: 10 penalty units. 4. Subsection 187A(1) (definition of "the Load Line Convention"): Omit all the words after "Annex 11", substitute: "is set forth in Schedule 4): (a) as affected, after the date on which the Protocol of 1988 relating to the Load Line Convention enters into force for Australia, by that Protocol; and (b) as also affected by any amendment, other than an amendment not accepted by Australia, made under section 29 of the Convention". 5. Subsection 187A(1) (definition of (the Safety Convention"): Omit all the words after "is set forth", substitute: "in Schedule 1): (a) as affected, after the respective dates on which: (i) the Protocol of 1978 relating to the Safety Convention; and (ii) the Protocol of 1988 relating to the Safety Convention; enter into force for Australia—by each of those Protocols; and (b) as also affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention". 6. Subsection 187A(1) (definition of "cargo ship safety radiotelegraphy certificate"): Omit the definition. SCHEDULE 1—continued 7. Subsection 187A(1) (definition of "cargo ship safety radiotelephony certificate"): Omit the definition. 8. Subsection 187A(1) (definition of "the Protocol of 1978 relating to the Safety Convention"): Omit the definition. 9. Subsection 187A(1): Insert: " 'cargo ship safety certificate' means a certificate issued under section 206GA; 'cargo ship safety radio certificate' means a cargo ship safety radio certificate issued under section 206G;". 10. Section 187E: Omit ", or the Protocol of 1978 relating to the Safety Convention,". 11. After section 190AA: Insert: "190AB.(1) The Authority may publish, in the manner prescribed, such information derived about a ship: (a) during an inspection or survey of that ship under section 190AA; or (b) during an inspection or survey of that ship conducted otherwise than under this Act; or (c) otherwise than by an inspection or survey; as is prescribed. "(2) The regulations may make provision for: (a) the manner in which information derived: (i) during an inspection or survey; or (ii) otherwise than by inspection or survey; will be published; and (b) the nature of the information that will be published; and (c) the time at which the publication of information will occur.". 12. Section 196: Repeal the section, substitute: SCHEDULE 1—continued Certificates to be made available for examination "196. The master of a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship. Penalty: 5 penalty units.". 13. Subsection 206C(2): Omit "Subsection 6(3)", substitute "Section 25C of the Acts Interpretation Act 1901". 14. Section 206F: Omit "radiotelegraphy or radiotelephony", substitute "radio". 15. Section 206G: (a) Omit "radiotelegraphy or radiotelephony", substitute "radio". (b) Omit "a cargo ship safety radiotelegraphy or a cargo ship safety radiotelephony certificate, as the case requires", substitute "a cargo ship safety radio certificate". 16. After section 206G: Insert: Cargo steamships—safety certificates "206GA. If, in respect of a steamship registered in Australia, the Authority is satisfied that it could issue: (a) a cargo ship safety construction certificate under subsection 206E(1); and (b) a cargo ship safety equipment certificate under section 206F; and (c) a cargo ship safety radio certificate under section 206G; it may issue, in the prescribed form, a cargo ship safety certificate in respect of the ship.". 17. Subsection 206L(1): Insert "or to authorise the issue of, or to endorse or to authorise the endorsement of" after "issue" (first occurring). 18. Paragraph 206L(l)(a): Insert "or authorise the issue of, or endorse or authorise the endorsement of" after "issue". 19. Subsection 206L(2): Insert "or endorsed" after "issued" (wherever occurring). SCHEDULE 1—continued 20 Subsection 206M(1): Insert "or authorise the issue of, or endorse or authorise the endorsement of," after "issue" (wherever occurring). 21. Subsection 206M(2): Insert "or endorsed" after "issued" (first occurring). 22. Paragraph 206M(2)(a): Insert "or endorsed" after "issued". 23. Paragraph 206M(2)(b): (a) Insert "or endorsed" after "issued". (b) Insert "or its endorsement" after "issue". 24. Section 206N: Repeal the section, substitute: Duration of certificates "206N.(1) Subject to this Act, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, a cargo ship safety certificate, an exemption certificate, a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate remains in force for the period specified in the certificate. "(2) The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.". 25. Section 206P: Repeal the section, substitute: Extension of certificates "206P. The regulations may provide for the extension of certificates in a manner and for the duration set out in Regulation 14 of Chapter 1 of the Safety Convention.". 26. Section 206Q: Repeal the section, substitute: Certificates to be made available for examination "206Q. The master of a ship in respect of which a certificate has been issued under this Division must, while the certificate remains in force, ensure that a copy of the certificate is available at all reasonable times for examination on request by any person on board the ship. Penalty: 5 penalty units.". SCHEDULE 1—continued 27. Subparagraph 206T(1)(b)(iii): Omit the subparagraph, substitute: "(iii) a cargo ship safety radio certificate;". 28. Subsection 218(1) (definition of "valid load line certificate"): Omit "(1966)". 29. Paragraph 222(a): Omit "(1966)". 30. Subsection 224(1): Omit the subsection, substitute: "(1) Subject to this Act, an international load line certificate, an international load line exemption certificate or an Australian load line certificate remains in force for the period specified in the certificate. "(1A) The period specified in a certificate under subsection (1) must not exceed such period as is prescribed for that kind of certificate.". 31. Subsection 225(1): Omit the subsection. 32. Subsection 225(2): Omit the penalty, substitute: "Penalty: 10 penalty units.". 33. Paragraph 226(l)(a): Omit "(1966)". 34. Subsection 226(1): (a) Insert "or authorise the issue of, or to endorse or authorise the endorsement of," after "issue" (first occurring). (b) Insert "or authorise the issue of, or to endorse or authorise the endorsement of," after "issue" (second occurring). 35. Subsection 226(2): Insert "or endorsed" after "issued" (wherever occurring). 36. Subsection 227(1): Omit "(1966)". 37. Section 294 (definition of "salvage"): Omit the definition. SCHEDULE 1—continued 38. Section 294: Insert: " 'common understanding concerning Articles 13 and 14 of the Salvage Convention' means the common understanding: (a) that is referred to in section 315; and (b) the terms of which are set out in Part B of Schedule 9; 'damage to the environment' means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents; 'natural resources' means the mineral and non-living resources of the seabed and its subsoil; 'Organization' means the International Maritime Organization; 'payment' means any reward, remuneration or compensation due under Division 3; 'property' means any property not permanently and intentionally attached to the shoreline and includes freight at risk; 'Salvage Convention' means the International Convention on Salvage, 1989, as set out in Part A of Schedule 9 to this Act; 'salvage operation' means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever; 'Secretary-General' means the Secretary-General of the Organization; 'vessel' means any ship or craft, or any structure capable of navigation.". 39. Section 294: Add: "(2) A reference in this Part to Division 3 includes a reference to the provision having the force of law under section 315.". 40. Subsection 295A(1): Omit "Divisions 3 and 4", substitute "Division 3". 41. Subsection 295B(1): Omit "Divisions 3 and 4", substitute "Division 3". 42. After section 314: Insert in Division 2 of Part VII: Removal of wrecks on or near coast "314A.(1) If a ship or part of a ship is wrecked, stranded, sunk or abandoned on or near the coast of Australia, the Authority has, in regard thereto, the following powers: SCHEDULE 1—continued (a) to require the owner thereof, by notice in writing, to remove the wreck, or a specified part of the wreck, within a time specified in the notice, or give security for such removal to its satisfaction; (b) in the event of the owner not complying with such notice, to remove or to destroy the wreck, or the part of the wreck, as the case may be, in any manner it sees fit; (c) to sell any wreck, or a part of any wreck, recovered under its orders, and out of the proceeds of the sale: (i) to retain a sum to cover the expenses incurred in the recovery and sale of the wreck or the part of the wreck; and (ii) to pay the surplus (if any) to the owner; (d) to recover from the owner any expenses incurred by it in connection with such removal or destruction. "(2) For the purposes of this section: 'owner' means the owner immediately prior to the time of the loss or abandonment of the ship or the part of the ship. "(3) The provisions of subsection (1) have effect in relation to a wreck that is a historic wreck despite anything contained in the Historic Shipwrecks Act1976 but, in respect of a wreck that is a historic wreck, the Authority must not exercise any of the powers referred to in that subsection unless in its opinion it is necessary to do so for the purposes of: (a) saving human life; or (b) securing the safe navigation of ships; or (c) dealing with an emergency involving a serious threat to the environment. "(4) The Authority shall not exercise any of the powers referred to in subsection (1) in relation to a wreck to which subsection 295B(1) applies unless in its opinion it is necessary to do so for the purpose of: (a) saving human life; or (b) securing the safe navigation of ships; or (c) dealing with an emergency involving a serious threat to the environment. "(5) Section 2 does not have effect in relation to this section." 43 Sections 315 and 317: Repeal the sections, substitute: Certain provisions of Salvage Convention to have force of law "315. Articles 6 to 8, 12 to 19, 21 to 22, 26 and 30 of the Salvage Convention and the common understanding concerning Articles 13 and 14 of the Salvage Convention have the force of law in Australia. SCHEDULE 1—continued Application of this Division "316.(1) Subject to subsections (2) and (3), this Division applies whenever judicial or arbitral proceedings relating to the provision of salvage operations are brought in Australia. "(2) The Division does not apply to: (a) off-shore industry fixed structures; or (b) off-shore industry mobile units; that are on location engaged in the exploration for, or the exploitation or production, of natural resources. "(3) This Division does not apply to any salvage operation: (a) that takes place in inland waters and that involves vessels all of which are of inland navigation; or (b) that takes place in inland waters and does not involve a vessel; or (c) to the extent that it involves property: (i) that is maritime cultural property of prehistoric, archaeological or historic interest; and (ii) that is situated on the seabed. Application of section 2 to this Division "317. Unless otherwise specified, section 2 does not apply to this Division.". 44. Subsection 317A(2): (a) Omit "a fine not exceeding $20,000 or". (b) Omit "or both". 45. Subsection 317A(3): Omit "salvage", substitute "make a claim in respect of a salvage operation". 46. Division 4: Repeal the Division. 47. Division 6: Repeal the Division. 48. Heading to Division 7: Omit the heading. 49. Section 329A: Repeal the section. SCHEDULE 1—continued 50. Subsection 329B(1): (a) Omit "Divisions 2 and 6, and sections 321, 322, 323 and 324", substitute "Division 2". (b) Omit "services rendered", substitute "operations conducted". (c) Omit "in saving" (wherever occurring), substitute "to save". (d) Omit "assisting", substitute "to assist". 51. Section 329B: Add: "(3) In this section: 'article in the course of post' means an article that is being carried by or through the Australian Postal Corporation, and includes an article that has been collected or received by the Australian Postal Corporation for carriage by post, but has not been delivered by the Australian Postal Corporation.". 52. Subsection 329C(1): (a) Omit "Where salvage services are rendered", substitute "If salvage operations are conducted". (b) Omit "salvage", substitute "payment". (c) Omit "services" (second occurring), substitute "operations". 53. Subsection 329C(2): (a) Omit "services" (wherever occurring), substitute "operations". (b) Omit "rendered", substitute "conducted". 54. Subsection 329C(3): (a) Omit "services rendered" (wherever occurring), substitute "operations conducted". (b) Omit "services so rendered", substitute "operations so conducted". (c) Omit "services may", substitute "operations may". 55. Before section 386: Insert in Division 2 of Part X: Definitions "385. In this Division, unless the contrary intention appears: 'approved laboratory' means a laboratory approved by the Authority under paragraph 386J(3)(d) to conduct tests to determine a person's blood alcohol content under subsection 386B(3); 'approved operator' means an operator approved by the Authority under paragraph 386J(1)(b) to take breath samples under paragraph 386B(3)(a) or 386C(1)(d); SCHEDULE 1—continued 'approved person' means a person approved by the Authority under paragraph 386J(1)(c) to receive declarations under paragraph 386G(1)(b); 'authorised person' means a person or body authorised by the Authority for the purposes of sections 386C and 386F;". 56. After section 386A: Insert: Unacceptable blood alcohol content "386B.(1) If a master or seaman has, while on board a ship, a blood alcohol content that equals or exceeds the specified limit, that person is guilty of an offence against this section. Penalty: Imprisonment for 6 months. "(2) The specified limit of blood alcohol content is: (a) in the case of a master or of a seaman while on duty—.04 grams of alcohol per 100 millilitres of blood; or (b) in the case of a master or seaman, on board the ship but not on duly—.08 grams of alcohol per 100 millilitres of blood. "(3) The blood alcohol content of a person's blood may be determined: (a) by a test of the person's breath by an approved operator using a breath analysis device in a manner prescribed; or (b) by an examination of the person's blood or urine by an approved laboratory. Master or seaman may be required to undergo examination or to provide samples "386C.(1) If an authorised person has reasonable cause to believe: (a) that the capacity of a master or seaman to undertake the duties of his or her position is impaired because of alcohol or other drugs; or (b) that the blood alcohol content of the blood of a master or seaman exceeds the specified limit; the authorised person may, by notice in writing given to the master or seaman, require the master or seaman to do all or any of the following: (c) to undergo a physical examination by a medical practitioner: (d) to provide a breath sample to, or to permit the taking of such a sample by an approved operator of a breath analysis instrument; (e) to provide a sample of urine to, or to permit the taking of a sample of blood or urine by, a medical practitioner. SCHEDULE 1—continued "(2) A notice under subsection (1) must set out: (a) the time at which the requirement was made; and (b) the name of the person who made the requirement; and (c) the place at which, and time within which, the master or seaman to whom the notice is given must present himself or herself for the purpose of undergoing the examination, or for providing or permitting the taking of the sample, to which the notice relates. Refusal to provide sample of breath for analysis "386D. A person who-has, in accordance with the requirement of this Act, been required to provide a sample of breath for analysis is guilty of an offence if: (a) he or she refuses to provide a sample of breath for analysis; or (b) he or she refuses to provide a sample of breath in