Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 31, 1981
Compilation No. 21
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Protection of the Sea (Civil Liability) Act 1981 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Act binds the Crown
5 Operation of Act
6 Declaration of countries to which Civil Liability Convention applies
6A Application of the Criminal Code
Part II--Liability and limitation of liability under Convention
7 Application of this Part
8 Certain provisions of Convention to have the force of law
9 Claims for compensation
10 Applications to determine limit of liability
11 Transfer of proceedings
12 Regulations giving effect to applied provisions of Convention etc.
Part III--Insurance certificates relating to liability for pollution damage
13 Interpretation
14 Application
15 Insurance certificates to be carried on certain ships
16 Issue of insurance certificates
17 Extension, cancellation and lapsing of insurance certificates
18 Government ships
19 Review of decisions
Part IIIA--Proof of possession of adequate insurance cover by certain ships
19A Definitions
19B Application
19C Insurance certificates to be carried on ships to which Part applies
Part IV--Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981
20 Expenses etc. incurred by Authority debt due to Commonwealth
21 Expenses etc. incurred by Authority charge on ship
22 Detention of ships
Part IVA--Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships
22A Recovery of loss etc. by the Authority
Part V--Miscellaneous
23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)
24 No time limit for prosecution
25 Regulations to give effect to Article X of Convention
26 Delegation
27 Regulations
Schedule 1--International Convention on Civil Liability for Oil Pollution Damage
Schedule 2--Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969
Schedule 3--Resolution LEG.1(82)
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 (Civil Liability) Act 1981 | 31, 1981 | 14 Apr 1981 | 5 Feb 1984 (s 2 and gaz 1984, No S31) |
|
39, 1983 | 20 June 1983 | |||
72, 1984 | 25 June 1984 | |||
Protection of the Sea Legislation Amendment Act 1986 | 167, 1986 | 18 Dec 1986 | Part IV (ss. 35-40): 9 Oct 1996 (see Gazette 1996, No. S376) (c) | |
as amended by |
|
|
|
|
141, 1987 | 18 Dec 1987 | |||
95, 1995 | 27 July 1995 | s. 3 (Part J (items 1-4)): Royal Assent (e) | -- | |
64, 1994 | 30 May 1994 | s. 3(1): (f) | -- | |
95, 1995 | 27 July 1995 | Sch 3 (Pt 2): 27 July 1995 (s 2(1)) | -- | |
Protection of the Sea (Civil Liability) Amendment Act 2000 | 122, 2000 | 5 Oct 2000 | ss. 1-3: Royal Assent | -- |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | Sch 3 (items 104-108): 2 Oct 2001 (s 2) | |
7, 2003 | 19 Mar 2003 | Sch 1 (items 1-6): 1 Nov 2003 (s 2(1) item 2) | Sch 1 (item 2) | |
73, 2008 | 3 July 2008 | Schedule 1 (item 37): 6 Apr 2001 (s 2(1) item 27) | -- | |
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 | 77, 2008 | 12 July 2008 | Sch 1 (item 5): 16 June 2009 (s 2(1) item 2) | -- |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Sch 3 (item 11): 30 Jan 2012 (s 2(1) item 1) | -- |
5, 2011 | 22 Mar 2011 | Sch 1 (item 100): 22 Mar 2011 (s 2(1) item 2) | -- | |
129, 2012 | 13 Sept 2012 | Sch 2 (items 44-49): 1 July 2013 (s 2(1) item 2) | -- | |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 3 (item 30): 10 Dec 2015 (s 2(1) item 7) | -- |
176, 2015 | 11 Dec 2015 | Sch 1 (items 4-6, 12): 8 Jan 2016 (s 2(1) item 2) | Sch 1 (item 12) | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 250, 410): 10 Mar 2016 (s 2(1) item 6) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 114-118): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 118) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 14 (item 15): 14 Oct 2024 (s 2(1) item 2) | -- |
(a) The Protection of the Sea (Civil Liability) Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.
(b) The Protection of the Sea (Civil Liability) Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.
(c) The Protection of the Sea (Civil Liability) Act 1981 was amended by Part IV (ss. 35-40) only of the Protection of the Sea Legislation Amendment Act 1986, subsections 2(4) and (5) of which provide as follows:
(4) The remaining provisions of this Act shall come into operation on such respective days as are fixed by Proclamation.
(5) The day fixed under subsection (4) for the coming into operation of a provision of Part IV, shall not be a day earlier than the day on which the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 comes into force for Australia.
(d) The Protection of the Sea Legislation Amendment Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(26) of which provides as follows:
(26) The amendments of paragraph 20(2)(b) of, and Schedules 1, 2 and 8 to, the Protection of the Sea Legislation Amendment Act 1986 made by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20(2), subsection 15(1), subsection 15(2) and section 40 of the first-mentioned Act.
Section 40 commenced on 9 October 1996 (see Gazette 1996, No. S376).
(e) The Protection of the Sea Legislation Amendment Act 1986 was amended by the Transport Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) The Protection of the Sea (Civil Liability) Act 1981 was amended by the Transport and Communications Legislation Amendment Act 1994, subsections 2(1) and (3) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(3) Subject to subsection (4), the amendments of subsections 22(2) and (4) of the Protection of the Sea (Civil Liability) Act 1981 and the amendments of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 commence:
(a) if this Act receives the Royal Assent before the day on which the Maritime Legislation Amendment Act 1994 comes into operation--on the day on which that Act comes into operation; or
(b) otherwise--on the day on which this Act receives the Royal Assent.
The date fixed in pursuance of subsection 2(3) was 1 August 1994 ( see Gazette 1994, No. S289).
Provision affected | How affected |
Part I |
|
s 3..................... | am No 167, 1986 (as am by No 95, 1995); No 122, 2000; No 7, 2003; No 129, 2012 |
| ed C20 |
s 4..................... | rs No 145, 2015 |
s 6A.................... | ad No 143, 2001 |
Part II |
|
s 7..................... | rs No 129, 2012 |
s 8..................... | am No 167, 1986 |
s 9..................... | am No 167, 1986 |
s 10.................... | am No 95, 1995 |
Part III |
|
s 13.................... | am No 95, 1995 |
s 15.................... | am No 95, 1995; No 122, 2000; No 143, 2001; No 129, 2012; No 176, 2015; No 4, 2016 |
s 16.................... | am No 72, 1984; No 95, 1995; No 74, 2023 |
s 17.................... | am No 95, 1995; No 122, 2000 |
s 19.................... | rs No 39, 1983 |
| am No 38, 2024 |
Part IIIA |
|
Part IIIA ................. | ad No 122, 2000 |
s 19A................... | ad No 122, 2000 |
| am No 129, 2012 |
s 19B................... | ad No 122, 2000 |
| am No 77, 2008 |
s 19C................... | ad No 122, 2000 |
| am No 4, 2016 |
Part IV |
|
Part IV heading............. | rs No 73, 2008 |
s 20.................... | am No 95, 1995; No 122, 2000; No 129, 2012 |
s 21.................... | am No 95, 1995; No 122, 2000 |
s 22.................... | am No 64, 1994; No 122, 2000; No 143, 2001; No 131, 2009; No 4, 2016 |
Part IVA |
|
Part IVA heading........... | rs No 122, 2000 |
Part IVA................. | ad No 64, 1994 |
s 22A................... | ad No 64, 1994 |
| am No 122, 2000 |
Part V |
|
s 23.................... | am No 167, 1986; No 122, 2000 |
s 26.................... | am No 95, 1995 |
Schedule 1 |
|
Schedule 1................ | am No 5, 2011 |
Schedule 2 |
|
Schedule 2................ | rs No 167, 1986 (as am by No 141, 1987; No 95, 1995) |
Schedule 3 |
|
Schedule 3................ | ad No 7, 2003 |