Two simultaneous reviews into Australian shipping law have been launched by the Hon Catherine King MP, who is the Minister for Infrastructure, Transport, Regional Development and Local Government.
Under the microscope are the Coastal Trading (Revitalising Australian Shipping) Act 2012 and the Shipping Registration Act.
Coastal trading
The Coastal Trading Act will be reviewed into two phases (1) whether changes are required to support a viable and sustainable shipping industry that promotes long-term growth and (2) whether any changes to Coastal Trading Act are required to support the long-term objectives of the so-called Strategic Fleet policy. This review has its origins in the Federal Government’s commitment to the Strategic Fleet and the subsequent report of the Strategic Fleet Taskforce, which recommended a review of the Coastal Trading Act. The Terms of Reference are extensive and include the maritime industry’s role in Australia’s domestic trade and economic development, the effectiveness of the Act in revitalising Australian shipping, and whether the current licensing system is fit-for-purpose. Then, in Phase Two, the review will consider feedback given during the process for selecting and operationalising the first strategic fleet vessels, whether the Act appropriately supports strategic fleet vessels, the practicality of recommended amendments to decision-making requirements, the effect of any recommended changes to the Act.
Shipping registration
This review will evaluate the the Shipping Registration Act and will consider the underpinning registration requirements and processes for the Australian General Shipping Register and the Australian International Shipping Register. It will assess and make recommendation on whether the legislation is fit-for-purpose, aligned with regulatory best practice, to support a strategic fleet and the future growth of shipping in Australia. The Terms of Reference note that this Act has not been substantively amended since it was introduced in 1981; a detailed review of the Act was conducted in 1997 and the recommendations to improve the Act were never fully implemented. The review will identify, report and make recommendation on the extent to which the Act supports the future growth of Australian shipping taking into account possible incentives for, and impediments to registration on either or both of the Australian General Shipping Register and the Australian International Shipping Register. The Terms of Reference also emphasise that seafarer conditions of work and entitlements should be preserved in any new requirements for registration on either the Australian General Shipping Register or the Australian International Shipping Register and other associated legislation including the Fair Work laws.
