Contents
Part 1 · Preliminary
2Commencement#
(1)Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2)Sections 35, 48, 62 and 63 commence on 1 January 1991.
2AMain objects of this Act#
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
(ba)to provide for a national search and rescue service; and
(c)to promote the efficient provision of services by the Authority.
3Interpretation#
(1)In this Act, unless the contrary intention appears:
assets means property of any description, other than rights referred to in sections 32 and 35.
Chairperson means the Chairperson of the Authority.
Chicago Convention means:
(a)the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; and
(b)the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English text is set out in Schedules to that Act; and
(c)the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.
Deputy Chairperson means the Deputy Chairperson of the Authority.
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
Note: For Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth, see paragraph 4(b) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
member means a member of the Authority and includes the Chairperson and Deputy Chairperson.
the Safety Convention has the same meaning as Safety Convention has in the Navigation Act 2012.
(2)A reference in this Act to services provided by the Authority is a reference to services provided as described in subsection 10(3).
(3)The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.
Part 2 · Establishment, functions and powers of Authority
5Establishment of Authority#
(2)The Authority:
(a)is a body corporate with perpetual succession; and
(b)has a seal; and
(c)may sue and be sued in its corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3)All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document and must presume that the document was duly sealed.
6Functions of Authority#
(1)The functions of the Authority are:
(a)to combat pollution in the marine environment; and
(b)to provide a search and rescue service; and
(c)to provide, on request, services to the maritime industry on a commercial basis; and
(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
(cb)to cooperate with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft and ships; and
(d)to perform such other functions as are conferred on it by or under any other Act; and
(e)to provide consultancy and management services relating to any of the matters referred to in this subsection; and
(f)to perform any other prescribed functions relating to any of the matters referred to in this subsection; and
(g)to perform functions incidental to any of the previously described functions.
(2)The Authority may provide its services both within and outside Australia.
(3)Subject to section 8, the functions to provide services may be performed at the discretion of the Authority.
(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.
(5)The provision of a search and rescue service must be in a manner that is consistent with Australia’s obligations under:
(a)the Chicago Convention; and
(b)the Safety Convention; and
(c)the International Convention on Maritime Search and Rescue 1979 done at Hamburg on 27 April 1979.
7Functions to be performed in accordance with international agreements#
The Authority must perform its functions in a manner consistent with the obligations of Australia under any agreement between Australia and another country.
8Directions#
(1)The Minister may give the Authority written directions as to the performance of its functions.
(2)Directions as to the performance of functions that are conferred on the Authority by or under another Act are to be only of a general nature.
9Reimbursement of cost of complying with directions#
(1)Where the Authority satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under section 8, the Authority is entitled to be reimbursed by the Commonwealth the amount that the Minister determines in writing to be the amount of that financial detriment.
(2)The reference in subsection (1) to suffering financial detriment includes a reference to:
(a)incurring costs that are greater than those that would otherwise have been incurred; and
(b)forgoing revenue that would otherwise have been received.
9AMinister may give Authority notices about its strategic direction etc.#
(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).
9BMinister may direct Authority to give documents and information to nominee#
(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).
9CExtra matters to be included in annual report#
The annual report prepared by the members of the Authority and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a)particulars of any directions given to the Authority under section 8 during the period;
(b)a summary of notices given to the Authority under subsection 9A(1) during the period;
(d)particulars of any directions given to the Authority under subsection 9B(2) during the period.
10Powers of Authority#
(1)In addition to any other powers conferred on it by this or any other Act, the Authority has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2)Without limiting the generality of subsection (1), the powers include, subject to this Act, power:
(a)to enter into contracts; and
(b)to acquire, hold and dispose of real and personal property; and
(c)to join in the formation of companies; and
(d)to enter partnerships; and
(g)to do anything incidental to any of the powers specified in this subsection or otherwise conferred on the Authority.
(3)Where the Authority may provide a facility or service, or discharge a function, the Authority may do so:
(a)itself; or
(b)in co-operation with another person; or
(c)by arranging for another person to do so on its behalf.
(4)In subsection (3):
person includes:
(a)the Commonwealth; and
(b)a State or Territory; and
(c)the government or an agency of the government of a foreign country.
11Disclosure of information#
(2)The Authority may disclose the information to any person, subject to such terms and conditions (if any) as the Authority specifies, for any of the following purposes:
(a)maritime domain awareness, including maritime security;
(b)maritime safety;
(c)protection of the marine environment;
(d)efficiency of maritime transportation;
(e)the administration or enforcement of a law of the Commonwealth that relates to coastal trading.
Part 3 · Constitution of Authority
13Constitution of Authority#
(1)The Authority is to consist of:
(a)a Chairperson; and
(b)a Deputy Chairperson; and
(c)the Chief Executive Officer; and
(d)if the Minister specifies in writing an office in the Department for the purposes of this subsection—the person for the time being occupying that office; and
(e)5 other members.
(2)The Chairperson may be appointed as a full-time member or as a part-time member.
(3)The members (other than the Chairperson and the Chief Executive Officer) are to be appointed as part-time members.
(4A)The Minister must use his or her best endeavours to ensure that at least one of the members referred to in paragraph (1)(e) is a person who the Minister is satisfied has knowledge of, or experience relevant to, the construction or operation of domestic commercial vessels.
15Remuneration and allowances of members#
(1)A member (other than the Chief Executive Officer and the member referred to in paragraph 13(1)(d)) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, is to be paid such remuneration as is prescribed.
(2)A member is to be paid such allowances as are prescribed.
(3)This section has effect subject to the Remuneration Tribunal Act 1973.
16Outside employment#
(1)Where the Chairperson has been appointed as a full-time member, he or she must not engage in paid employment outside the duties of his or her office without the approval of the Minister.
17Leave of absence#
(1)A Chairperson appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2)The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.
(3)The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Authority.
(4)The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.
18Acting appointments#
(1)The Minister may appoint the Deputy Chairperson or another member (other than the Chief Executive Officer) to act as the Chairperson:
(a)during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2)The Minister may appoint a member (other than the Chief Executive Officer) to act as the Deputy Chairperson:
(a)during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(3)The Minister may appoint a person to act as a member referred to in paragraph 13(1)(e) (in this section called an ordinary member):
(a)during a vacancy in the office of the ordinary member, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when an ordinary member is absent from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(4)Where the Chairperson is a part-time member, a person appointed under paragraph (1)(b) to act as the Chairperson must be appointed on a part-time basis.
21Termination of appointment#
(1)The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
(2)If:
(a)a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b)a member, being a Chairperson who has been appointed as a full-time member:
(i)engages, except with the approval of the Minister, in paid employment outside the duties of his or her office; or
(ii)is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c)a member, not being a Chairperson who has been appointed as a full-time member:
(i)engages in paid employment that, in the opinion of the Minister, conflicts with the proper performance of the duties of the member; or
(ii)is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Authority; or
(e)the Minister is of the opinion that the performance of a member has been unsatisfactory for a significant period of time;
the Minister may terminate the appointment of the member.
Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
(3)If the Minister is of the opinion that the performance of the Authority has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all members or specified members.
(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 section 19 of the Public Governance, Performance and Accountability Act 2013;
the Minister may terminate the appointment of all members or specified members.
(4)This section does not apply to the Chief Executive Officer.
22Meetings#
(1)The Authority is to hold such meetings as are necessary for the efficient performance of its functions.
(2)The Chairperson:
(a)may convene a meeting at any time; and
(b)must convene a meeting on receipt of a written request signed by not less than 2 other members.
(3)The Minister may convene a meeting at any time.
(4)The Chairperson is to preside at all meetings at which he or she is present.
(5)Where the Chairperson is not present at a meeting:
(a)the Deputy Chairperson is to preside; or
(b)if the Deputy Chairperson is not present—the members present are to appoint one of their number to preside.
(6)At a meeting 5 members constitute a quorum.
(7)Questions arising at a meeting are to be determined by a majority of the votes of the members present and voting.
(8)The person presiding at a meeting has a deliberative vote and, if necessary, also has a casting vote.
23Conduct of meetings#
(1)The Authority may, subject to this Part, regulate proceedings at its meetings as it considers appropriate.
Part 4 · Operation of Authority
25Corporate plan#
(1)This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013.
(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.
(5)The plan must include details of the following matters:
(e)analysis of risk factors likely to affect safety in the maritime industry;
(f)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.
26Minister’s response to corporate plan#
(1)The Minister must respond to a corporate plan referred to in subsection 25(1) 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.
27Performance indicators#
When including details of the performance indicators for the Authority in the corporate plan, the members must consider:
(a)the need for high standards of maritime safety; and
(b)the need for a high standard of protection for the marine environment; and
(c)the objectives and policies of the Commonwealth Government known to the Authority; and
(d)any directions given by the Minister under section 8; and
(e)the performance of functions of the Authority that are directly funded by the Commonwealth; and
(f)the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; and
(g)the need to maintain the extent of the Commonwealth’s equity in the Authority; and
(k)any other consideration affecting the performance of the Authority that the members think appropriate.
Part 5 · Finance
Division 1 · General
30Transfers of certain Commonwealth assets to Authority#
(1)Where, immediately before the commencement of this section:
(a)a function of the Authority was being performed by the Department; and
(b)an asset was held or used by the Department in connection with the performance of that function;
the Minister may, at any time, cause the asset to be transferred to the Authority.
(2)Subsection (1) does not prevent the Commonwealth from transferring any asset to the Authority otherwise than under that subsection.
31Statutory transfer of land etc. to Authority#
(1)In this section:
interest includes any estate, right or title, whether legal or equitable.
land includes buildings and fixed structures.
(2)Where the Minister, by notice published in the Gazette for the purposes of this section:
(b)describes that interest;
the following provisions have effect.
(7)A notice must not be published under this section after one year from the commencement of this section.
32Effects of transfers from Commonwealth to Authority#
(2)The Minister:
(a)must, for the purposes of subsection (3) and section 36, determine the value of the assets as on the day of the transfer or as on such day or days prior to the transfer as the Minister determines; and
(b)may determine an amount, not exceeding that value, for the purposes of subsection (3).
(3)If an amount is determined under paragraph (2)(b), the Commonwealth is to be taken to have made, on the day of the transfer, a loan to the Authority equal to that amount.
(4)The terms and conditions of the loan as to interest and otherwise are as determined by the Finance Minister.
(5)Where, immediately before the transfer:
(6)A determination under this section must be in writing.
33Liabilities in respect of personnel#
The Minister is, as soon as practicable after the commencement of this section, to determine in writing for the purposes of paragraph 36(1)(h) the total amount of the provisions to be made by the Authority on account of liabilities transferred from the Commonwealth in respect of personnel transferred from the Commonwealth.
34Money paid in advance to the Commonwealth#
Where:
(a)a function of the Authority was formerly performed by the Department; and
(b)an amount received by the Commonwealth is or includes an amount paid in advance on account of anything to be done by the Commonwealth in performing that function; and
(c)that thing was not done by the Commonwealth before the commencement of this section;
35Rights in respect of services and facilities formerly provided by Department#
(1)Where, immediately before the commencement of this section:
(a)a function of the Authority was being performed by the Department; and
(b)a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;
the right of the Commonwealth is transferred to the Authority to the extent determined in writing by the Minister.
(2)Where, immediately before the commencement of this section:
(a)proceedings by the Commonwealth were pending in a court; and
36Capital of Authority#
(1)The capital of the Authority is the sum of:
(b)the net realisable value of any rights transferred to the Authority under this Act; and
(c)any amounts paid to the Authority out of money appropriated by the Parliament for the purpose of providing capital; and
(e)any retained profits other than reserves; and
(f)any operating results affecting the capital of the Authority, not being reserves or retained profits;
less:
(g)amounts taken to be loans under section 32; and
(h)the amount determined under section 33; and
(j)debts, liabilities and obligations of the Commonwealth transferred to the Authority by subsection 32(5); and
(k)any amounts of capital repaid to the Commonwealth by the Authority.
(3)In making such a determination, the Minister must have regard to any advice that the Authority has given to the Minister in relation to its financial affairs.
37Exemption from tax#
(1)The Authority is not liable to pay tax under any law of the Commonwealth or of a State or Territory.
(2)Subsection (1) does not apply to:
(a)customs duties; or
(b)a law of the Commonwealth relating to sales tax.
39Borrowings from Commonwealth#
The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as he or she determines in writing.
40Borrowings otherwise than from Commonwealth#
(1)The Authority may borrow money otherwise than from the Commonwealth.
(2)Money may be borrowed under subsection (1) wholly or partly in foreign currency.
41Guarantee of borrowings by Authority#
(1)The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing:
(a)the performance by the Authority of obligations incurred by it under section 40; or
(2)If the Finance Minister determines in writing that:
(a)obligations incurred by the Authority under section 40; or
(3)A contract under subsection (1) may include:
(a)a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or
(b)a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.
(4)For the purposes of this section, a company is a wholly owned subsidiary of the Authority if the company is a subsidiary of the Authority and none of the members of the company is a person other than:
(a)the Authority; or
(b)a nominee of the Authority; or
(d)a nominee of a subsidiary referred to in paragraph (c).
(5)Where the Finance Minister guarantees such a borrowing, the Finance Minister must cause to be laid before each House of Parliament, within 15 sitting days of that House after the contract is entered into or the determination made, a notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as the Finance Minister considers appropriate.
(6)The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non-corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Division 2 · Charges and levies
46Interpretation#
In this Division:
charge means:
(b)a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:
(i)the grant, issue, renewal or variation of a certificate, licence, approval, permission, permit, registration or exemption under an Act or regulations under an Act; or
(ii)the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); or
(c)a fee in respect of a matter referred to in regulations or orders made under:
(i)the Navigation Act 2012; or
(ii)the Shipping Registration Act 1981; or
(iii)the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or
(iv)the Protection of the Sea (Civil Liability) Act 1981; or
(d)a fee in respect of a matter referred to in section 15, 15C, 15D or 57 of the Shipping Registration Act 1981.
47Charges for services and facilities#
(1)Subject to this section, the Authority may make determinations:
(a)fixing charges and specifying the persons by whom, and the times when, the charges are payable; and
(b)fixing the penalty for the purposes of subsection (14).
(2)This section has effect subject to Part VIIA of the Competition and Consumer Act 2010.
(3)Before making a determination, the Authority must give the Minister notice in writing of the proposed determination:
(a)specifying the day from which the determination is intended to operate; and
(c)if it varies a charge or penalty—specifying the reason for the variation.
(4)Where the Authority receives:
(a)a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates; or
(b)a notice under section 95ZJ of that Act withdrawing such a notice;
the Authority must inform the Minister in writing of the notice and its contents.
(7)The period within which the Minister may give a notice is:
(a)if the Authority has received a notice under subsection 95L(3) of the Competition and Consumer Act 2010 about an inquiry into the supply of services or facilities by the Authority to which the proposed determination relates—within 30 days after the Minister receives from the Authority:
(i)a notice under subsection (4) that the Authority has received a notice under section 95ZJ of that Act; or
(ii)a copy of the report given to the Authority under section 95P of that Act in relation to the supply of services or facilities concerned; or
(b)in any other case—within 60 days after the Minister receives a notice of the proposed determination.
(8)A notice under subsection (6) disapproving a proposed determination may recommend an alternative determination.
(9)The Authority may make a determination only if:
(a)the Minister has approved it; or
(b)the period within which the Minister may give a notice to the Authority under subsection (6) has expired without the Minister having given such a notice.
(10)Where the Minister receives from the Authority a copy of a report under section 95P of the Competition and Consumer Act 2010 in relation to the supply of services or facilities to which the proposed determination relates, the Minister may, in the notice under subsection (6), disapprove the proposed determination and substitute a fresh determination.
(11)A determination so substituted has effect as if it had been made by the Authority in accordance with subsection (9).
(13)A determination is to be made public in such manner as the Authority thinks appropriate.
(14)Subject to subsection (15), where a charge is not paid within the period determined by the Authority, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due and payable, and compounded.
(16)Subsection (15) does not require the penalty to be calculated on a monthly basis.
(17)Charges and penalties may be recovered as debts due to the Authority.
48Payment of amounts of levy to Authority#
(1)There are to be paid to the Authority amounts equal to:
(a)amounts of levy received, or purportedly received, by the Commonwealth under:
(i)the Marine Navigation Levy Act 1989; and
(ii)the Marine Navigation (Regulatory Functions) Levy Act 1991; and
(iii)the Protection of the Sea (Shipping Levy) Act 1981; and
(b)amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and
(c)amounts of penalty received, or purportedly received, by the Commonwealth under:
(i)the Marine Navigation Levy Collection Act 1989; and
(ii)the Marine Navigation (Regulatory Functions) Levy Collection Act 1991; and
(iii)the Protection of the Sea (Shipping Levy Collection) Act 1981.
(1A)If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.
(2)Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
Part 6 · Chief Executive Officer, staff and consultants
51Remuneration and allowances of Chief Executive Officer#
(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.
51ALeave of absence#
(1)The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(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.
54Acting Chief Executive Officer#
(1)The Minister may, after receiving a recommendation from the Authority, appoint a person to act as Chief Executive Officer:
(a)during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
Part 7 · Miscellaneous
57Delegation by Minister#
The Minister may, by signed instrument, delegate all or any of the powers of the Minister under section 30, 31, 34, 48 or 59 to:
(a)the person holding or performing the duties of the office of Secretary of the Department; or
(b)an SES employee, or acting SES employee, in the Department.
59Substitution of Authority for Commonwealth in contracts etc.#
If the Minister so declares in writing, a specified contract or other instrument:
(a)to which the Commonwealth or the Commonwealth Government is a party; and
(b)that related to an asset immediately before the transfer of that asset under this Act;
has effect after the transfer as if, to the extent to which the contract or instrument so relates:
(c)the Authority were substituted for the Commonwealth or the Commonwealth Government as a party; and
(d)any reference to the Commonwealth or the Commonwealth Government were, in relation to matters occurring after the transfer, a reference to the Authority.
Part 9 · Transitional provisions
63Actions etc. under provisions amended or repealed#
(1)Where this Act:
(a)amends a provision of another Act; or
(b)repeals and re-enacts a provision of another Act;
any instrument made, act done, step taken or decision made by a person under that provision (being an instrument, act, step or decision in effect immediately before the amendment or repeal) continues to have effect as if it had been made, done or taken by the appropriate person under that provision as so amended or re-enacted.
(2)In an instrument that, by virtue of subsection (1), continues to have effect in the manner provided in that subsection:
(a)a reference to the Secretary to the Department; and
(b)a reference to the Department (other than a reference mentioned in paragraph (a));
is to be read as a reference to the Authority.
(3)An order made by the Minister pursuant to regulations under:
(b)the Protection of the Sea (Powers of Intervention) Act 1981; or
(c)the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
and in force immediately before the amendment of that Act by this Act continues in force as if it were an order made by the Authority under the relevant provision of that Act as so amended.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.