Commonwealth Coat of Arms of Australia

Special Recreational Vessels Act 2019

No. 118, 2019

An Act to allow special recreational vessels to apply for temporary licences under the Coastal Trading (Revitalising Australian Shipping) Act 2012, and for related purposes

[Assented to 11 December 2019]

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act is the Special Recreational Vessels Act 2019.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	12 December 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Simplified outline of this Act

This Act establishes a means by which special recreational vessels can opt in to the coastal trading regulatory scheme established by the Coastal Trading (Revitalising Australian Shipping) Act 2012. This Act does so by:

(a) permitting applications for temporary licences authorising special recreational vessels to carry passengers in Australia to be made under this Act, but treated as if they were applications under the Coastal Trading (Revitalising Australian Shipping) Act 2012; and

(b) permitting applications by owners of special recreational vessels for declarations that the Coastal Trading (Revitalising Australian Shipping) Act 2012 applies in relation to intrastate voyages undertaken by such vessels.

The general rules dealing with the granting of applications, penalties and review of decisions relating to applications made under this Act are found in the Coastal Trading (Revitalising Australian Shipping) Act 2012. Those rules apply, with some modifications made by this Act, in relation to special recreational vessel temporary licences, applications for such licences and voyages authorised by such licences.

4 Definitions

(1) In this Act:

Coastal Trading Act means the Coastal Trading (Revitalising Australian Shipping) Act 2012.

external to Australia means:

(a) beyond the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973; or

(b) any waters on the landward side of the territorial sea that are not within the limits of a State or internal Territory.

Note: For the baseline, see Australia’s territorial sea baseline (AGPS) 1988: generally the baseline is the lowest astronomical tide along the coast, but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.

rules means rules made under section 16.

special recreational vessel means a vessel that:

(a) is designed to be used wholly or primarily for recreational or sporting activities; and

(b) is over 24 metres in length; and

special recreational vessel temporary licence means a licence granted under Division 2 of Part 4 of the Coastal Trading Act as applied by Part 3 of this Act.

Note: An application for a special recreational vessel temporary licence is made under section 8 of this Act, but licences are granted under Division 2 of Part 4 of the Coastal Trading Act as applied by Part 3 of this Act.

voyage, in relation to a special recreational vessel, means:

(a) the movement of the vessel in a way that would satisfy paragraph 7(1)(a) or (b) of the Coastal Trading Act; or

(b) the movement of the vessel in a way that would satisfy paragraph 7(1)(c) of the Coastal Trading Act if:

(i) the movement is, in whole or in part, external to Australia; or

(ii) the vessel is owned, in whole or in part, by a constitutional corporation; or

(iii) the movement of the vessel is within a Territory.

Note: Generally the movement of a vessel is external to Australia if the vessel travels seaward of the low water mark. See also the definition of external to Australia.

Expressions used in the Coastal Trading Act

(2) Subject to subsection (1), an expression that is used in the Coastal Trading Act has the same meaning, when used in this Act, as in that Act.

(3) The rules may prescribe expressions to which subsection (2) does not apply.

5 Extension to Territories

This Act extends to the external Territories.

6 Act to bind the Crown

This Act binds the Crown in each of its capacities.

Part 2—Special recreational vessel temporary licences

7 Simplified outline of this Part

The owner, charterer, master or agent of a special recreational vessel may apply to the Minister for a special recreational vessel temporary licence to engage in coastal trading.

Applications are then considered under the Coastal Trading Act (as applied by Part 3 of this Act).

8 Application for special recreational vessel temporary licence

(1) A person may apply to the Minister for a special recreational vessel temporary licence to enable a special recreational vessel to be used to engage in coastal trading over a 12‑month period if the person is the owner, charterer, master or agent of the vessel.

Note: Applications made under this section are dealt with under Division 2 of Part 4 of the Coastal Trading Act: see sections 11 and 13 of this Act.

(2) The application must be in writing and specify the following:

(a) the number of voyages to be authorised by the licence;

(b) the expected loading dates;

(d) the kinds and volume of cargo expected to be carried (if any);

(e) the type and size, or type and capacity, of the vessel to be used to carry the passengers or cargo (if known);

(f) the name of the vessel (if known);

(g) the ports at which the passengers or cargo are expected to be taken on board;

(h) the ports at which the passengers are expected to disembark or the cargo is expected to be unloaded;

(i) such other information as is prescribed by regulations made for the purposes of paragraph 28(2)(h) of the Coastal Trading Act;

(j) such other information as is prescribed by the rules.

(3) The application must be accompanied by the application fee for a temporary licence prescribed by regulations made for the purposes of subsection 28(3) of the Coastal Trading Act.

Part 3—Application and modification of the Coastal Trading Act

9 Simplified outline of this Part

This Part applies the Coastal Trading Act to special recreational vessels to a limited extent to:

(a) allow applications for special recreational vessel temporary licences to be handled under that Act; and

(b) allow such licences to be granted and dealt with under that Act; and

This Part does not have the effect of applying the Coastal Trading Act to special recreational vessels in relation to which there is no special recreational vessel temporary licence, or to such vessels undertaking voyages that are not authorised by a special recreational vessel temporary licence.

In order for the Coastal Trading Act to operate appropriately in relation to this Act, the text of some other provisions of the Coastal Trading Act is notionally changed in relation to:

(a) special recreational vessel temporary licences; and

(b) applications for such licences; and

The modifications of concepts in the Coastal Trading Act also flow through to other legislation as a result of this Part.

10 Application of the Coastal Trading Act

(1) Subject to the modifications provided by this Part, the Coastal Trading Act applies in relation to:

(a) a special recreational vessel temporary licence; and

(b) an application for a special recreational vessel temporary licence or for a variation of such a licence; and

(2) To avoid doubt, subsection (1) of this section applies despite paragraph 10(f) of the Coastal Trading Act.

(3) The modifications apply for the purposes of the following Acts (including any regulations or instruments made under those Acts):

(a) this Act;

(b) the Coastal Trading Act;

11 Additional general operation of the Coastal Trading Act

Subject to this Part, the Coastal Trading Act applies in relation to the operation of this Act as if:

(a) a reference in the Coastal Trading Act to a temporary licence included a reference to a special recreational vessel temporary licence; and

(b) a reference in the Coastal Trading Act to a voyage, in relation to a special recreational vessel or a special recreational vessel temporary licence, were a reference to a voyage within the meaning of this Act; and

(c) a reference in the Coastal Trading Act to an application made under section 28 of that Act included a reference to an application made under section 8 of this Act.

12 Certain provisions of the Coastal Trading Act do not apply

Section 4 of the Coastal Trading Act does not apply in relation to the operation of this Act.

13 Modification of particular provisions of the Coastal Trading Act

(1) Subject to this Part, the following table modifies particular provisions of the Coastal Trading Act in relation to the operation of this Act.

Modification of particular provisions of the Coastal Trading Act
Item	The following provisions of the Coastal Trading Act:	apply as if …
1	section 12	a reference in that section to a vessel included a special recreational vessel
2	paragraph 35(2)(e)	the reference to the number of passengers (if any) were instead a reference to the maximum number of passengers
3	subsection 37(2)	(a) a reference in paragraph (g) of that subsection to the number of passengers were instead a reference to the maximum number of passengers; and (b) paragraph (h) were omitted from that subsection
3A	section 40	that section included a condition that when a special recreational vessel undertakes a voyage authorised by a special recreational vessel temporary licence, the vessel must not carry cargo for profit (other than if the carriage of the cargo is incidental to the use of the vessel for a recreational or sporting activity)
4	subsection 51(2)	(a) the words “, which must be 5 or more,” were omitted from paragraph (a) of that subsection; and (b) that subsection included a reference to rules made for the purposes of subsection (2) of this section

(2) The rules may prescribe other information that must be specified in an application to vary a special recreational vessel temporary licence under section 51 of the Coastal Trading Act.

Part 4—Miscellaneous

14 Simplified outline of this Part

This Part deals with miscellaneous matters.

15 Delegation

The Minister may, by writing, delegate all or any of the Minister’s functions or powers under this Act (other than section 16) to an SES employee or acting SES employee in the Department.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

16 Rules

(1) The Minister may, by legislative instrument, make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

17 Sunset provision

This Act is repealed immediately after the end of 30 June 2021.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2019

Senate on 5 December 2019]

(232/19)