Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 107, 2006
Compilation No. 8
Compilation date: 1 January 2023
Includes amendments up to: Act No. 78, 2022
Registered: 10 January 2023
About this compilation
This compilation
This is a compilation of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 that shows the text of the law as amended and in force on 1 January 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
4 Definition: compliance with anti-fouling requirements
5 Approving a body corporate approved as a survey authority
6 Scope of Act
7 Act to bind Crown
Part 2--Application or use of harmful anti-fouling systems
8 HAFC not to be applied to a ship
9 Non-complying ships not to enter or remain in shipping facilities
Part 3--Anti-fouling certificates and anti-fouling declarations
10 Issue and endorsement of anti-fouling certificates
11 Lapsing of anti-fouling certificates
12 Cancellation of anti-fouling certificates
13 Obligation to carry anti-fouling certificate
14 Obligation to report damage etc. to ship
15 Obligation to carry anti-fouling declaration
Part 4--Inspection and enforcement powers
16 Inspectors and identity cards
17 Inspection of ships
18 Detention of ships
19 Compensation for undue detention or delay
Part 5--Miscellaneous
20 Service of documents on master or owner of ship
21 Time limit for prosecution of offences
22 Evidence of terms of the Convention
23 Evidence of analyst
24 Orders
25 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 | 107, 2006 | 27 Sept 2006 | s 3-25: 17 Sept 2008 (s 2(1) item 2) |
|
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Sch 3 (item 12): 30 Jan 2012 (s 2(1) item 1) | -- |
8, 2010 | 1 Mar 2010 | Sch 5 (items 80, 81): 1 Mar 2010 (s 2(1) item 35) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (item 940) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12) | Sch 3 (items 10, 11) | |
129, 2012 | 13 Sept 2012 | Sch 2 (item 53): 1 July 2013 (s 2(1) item 2) | -- | |
78, 2022 | 5 Dec 2022 | Sch 3: 1 Jan 2023 (s 2(1) item 4) | Sch 3 (item 20) |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 8, 2010; No 46, 2011; No 78, 2022 |
s 4..................... | am No 78, 2022 |
Part 2 |
|
s 9..................... | am No 78, 2022 |
Part 4 |
|
s 16.................... | am No 129, 2012 |
s 18.................... | am No 131, 2009 |
Part 5 |
|
s 21.................... | am No 8, 2010 |
s 24.................... | am No 78, 2022 |
s 25.................... | am No 78, 2022 |