Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 76, 2008
Compilation No. 7
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 for Bunker Oil Pollution Damage) Act 2008 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1--Preliminary
1 Short title
2 Commencement
4 Crown to be bound
5 Extension to external Territories
6 Extraterritorial application
Part 2--Liability under Bunker Oil Convention
Division 1--Application of Part
7 Application of Part
8 Overlap with Civil Liability Convention
10 Relationship with corresponding State or Territory laws
Division 2--Liability for pollution damage
11 Liability for pollution damage
Part 3--Insurance certificates relating to liability for pollution damage
Division 1--Introduction
12 Application of Part
13 Unregistered ships
14 Concurrent State or Territory laws
15 Appropriate insurance certificate
Division 2--Ships must carry insurance certificates
16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.
17 Ships registered in Australia must carry insurance certificate when in operation
Division 3--Insurance certificates
Subdivision A--Issue of certificates
18 Issue of certificates for ships other than government ships
19 Issue of certificates for government ships
Subdivision B--Production of certificates
20 Enforcement officer may require insurance certificate to be produced
Subdivision C--Detention of ships
21 Enforcement officer may detain ships
Subdivision D--Certificates ceasing to be in force
22 Authority may cancel certificate
23 When certificate automatically ceases to be in force
Subdivision E--Review of decisions
24 Review of decisions
Part 4--Other matters
24A Responder immunity
25 No time limit for prosecution
26 Submission to jurisdiction
27 Regulations to give effect to Article 10 of the Bunker Oil Convention
28 Treatment of partnerships
29 Treatment of unincorporated associations
30 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 (Civil Liability for Bunker Oil Pollution Damage) Act 2008 | 76, 2008 | 12 July 2008 | s 3-30: 16 June 2009 (s 2(1) item 2 and gaz 2009, No GN20) |
|
8, 2010 | 1 Mar 2010 | Sch 5 (item 79): 1 Mar 2010 (s 2(1) item 35) | -- | |
Protection of the Sea Legislation Amendment Act 2010 | 116, 2010 | 9 Nov 2010 | Sch 2: 10 Nov 2010 (s 2) | Sch 2 (item 4) |
46, 2011 | 27 June 2011 | Sch 2 (item 939) 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 (items 50-52): 1 July 2013 (s 2(1) item 2) | -- | |
176, 2015 | 11 Dec 2015 | Sch 1 (items 7-9, 12): 8 Jan 2016 (s 2(1) item 2) | Sch 1 (item 12) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 14 (item 16): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 3 ..................... | am No 8, 2010; No 116, 2010; No 46, 2011; No 129, 2012; No 176, 2015 |
Part 2 |
|
Division 1 |
|
s 10.................... | rs No 129, 2012 |
Part 3 |
|
Division 1 |
|
s 14.................... | am No 176, 2015 |
s 15.................... | am No 176, 2015 |
Division 3 |
|
Subdivision E |
|
s 24.................... | am No 38, 2024 |
Part 4 |
|
s 24A................... | ad No 116, 2010 |