October 4, 2024

Federal Government launches review of the Shipping Registration Act

Australia’s Federal Shipping Registration Act (1981) is up for review.

An official consultation has been launched by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts into the 1981 Act. The Australian Government appointed Ms Lynelle Briggs (a former public servant) and law Professor Nicholas Gaskell to co-chair the Review of the Act.

The review is being driven by the advent of the Federal Government’s Strategic Fleet policy.

The Australian Government has committed to establishing a fleet of up to 12 Australian-flagged and crewed, privately-owned and operated vessels that could be requisitioned by the government in times of national crisis such as natural disaster or conflict. A report by the Strategic Fleet Taskforce recommended that the Shipping Registration Act be reviewed.

Accordingly, the independent reviewers will take the findings and recommendations of the Strategic Fleet Taskforce as their starting point.

Noting that the way that vessels are registered now is much the same as they were registered in 1982, the consultation paper observes that shipping has modernised, business practices have changed, the world is largely digitised, and the regime for registration has not kept pace. It adds that the review is an opportunity to revisit the objectives of registration, consider the gaps in the current system and look at options to improve how vessels are registered in the future.

The review will consider the underpinning registration requirements and processes for the Australian General Shipping Register and the Australian Independent Shipping Register. The review will identify, report, and make recommendations on the extent to which the Act supports the future growth of Australian shipping, supports compliance through the provision of effective and practical compliance powers and enforcement tools for the Australian Maritime Safety Authority, and will consider “exemplary” registration models in other flag-state jurisdictions along with how those practices could be applied in the Australian context and in the interests of the strategic fleet. Meanwhile, Australian seafarer conditions of work and entitlements will be preserved in any new registration requirements, and this includes under the Fair Work laws.

The Reviewers will be responsible for delivering a final report to Minister the Hon Catherine King MP, the Minister for Infrastructure, Transport, Regional Development and Local Government. The final report and recommendations addressing the scope and purpose of the review are due 6 months from the commencement of the review.

The deadline for the review of the Shipping Registration Act (1981) is Saturday 02 November 2024.

 

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