Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 33, 1981
Compilation No. 13
Compilation date: 1 July 2019
Includes amendments up to: Act No. 86, 2018
Registered: 1 July 2019
About this compilation
This compilation
This is a compilation of the Protection of the Sea (Powers of Intervention) Act 1981 that shows the text of the law as amended and in force on 1 July 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Short title
2 Commencement
3 Interpretation
4 Act to bind Crown
5 Relationship to other laws
6 Operation of Act
7 Delegation
8 Taking of measures to prevent pollution of sea by oil--maritime casualty on the high seas
9 Taking of measures to prevent pollution of sea by substances other than oil--maritime casualty on the high seas
10 Taking of measures to prevent pollution of sea by oil or noxious substances--general powers
11 Directions under Act may require taking of action etc.
12 Addressing of directions under Act etc.
13 Issuing of more than one direction in relation to a ship
14 Directions under Act to ship or tangible asset with more than one owner etc.
15 Revocation and variation of directions under Act
16 Directions under Act to be in writing
17 Service of directions under Act
17A Liability for acts and omissions
17B Expenses of compliance with certain directions under Act may be recovered from owner of ship
18 Change in ownership or master of ship, or change in ownership of tangible asset
19 Contravention of direction under Act etc.
20 No time limit for prosecution
21 Evidence
22 Compensation for acquisition of property
23 Regulations
Schedule 1--International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties
Schedule 2--Protocol relating to Intervention on the High Seas in Cases of Pollution by substances other than Oil, 1973
Schedule 3--Resolution MEPC.49(31)
Schedule 4--Resolution MEPC. 72(38) by Marine Environment Protection Committee
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in 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 (Powers of Intervention) Act 1981 | 33, 1981 | 14 Apr 1981 | 5 Feb 1984 (s 2 and gaz 1984, No S31) |
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | Sch: 2 Dec 1988 (s 2) | -- |
78, 1990 | 22 Oct 1990 | s 63 and Sch: 1 Jan 1991 (s 2(2)) | s 63 | |
Transport and Communications Legislation Amendment Act (No. 2) 1992 | 71, 1992 | 26 June 1992 | s 26-28: 26 June 1992 (s 2(1)) | -- |
43, 1996 | 25 Oct 1996 | Sch 5 (items 121, 122): 25 Oct 1996 (s 2(1)) | -- | |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | s 4 | |
International Maritime Conventions Legislation Amendment Act 2001 | 149, 2001 | 1 Oct 2001 | Sch 2: 1 Oct 2001 (s 2(1)) | -- |
Protection of the Sea (Powers of Intervention) Amendment Act 2006 | 44, 2006 | 22 May 2006 | Sch 1 (items 2-98): 23 May 2006 (s 2) | -- |
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 | 77, 2008 | 12 July 2008 | Sch 1 (item 6): 16 June 2009 (s 2(1) item 2) | -- |
8, 2010 | 1 Mar 2010 | Sch 5 (item 83): 1 Mar 2010 (s 2(1) item 37) | -- | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (items 1, 87-89): 1 Jan 2011 (s 2(1) items 3, 5) | -- |
46, 2011 | 27 June 2011 | Sch 2 (items 941-943) 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 54): 1 July 2013 (s 2(1)) | -- | |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 3 (item 31): 10 Dec 2015 (s 2(1) item 7) | -- |
Underwater Cultural Heritage (Consequential and Transitional Provisions) Act 2018 | 86, 2018 | 24 Aug 2018 | Sch 1 (item 4) and Sch 2: 1 July 2019 (s 2(1) item 2) | Sch 2 |
Provision affected | How affected |
s 3..................... | am No 78, 1990; No 71, 1992; No 149, 2001; No 44, 2006; Nos 8 and 103, 2010; No 46, 2011; No 129, 2013 |
s 3A.................... | ad No 143, 2001 |
| rep No 44, 2006 |
s 4..................... | am No 78, 1990; No 44, 2006; No 145, 2015 |
s 5..................... | am No 44, 2006; No 86, 2018 |
s 7..................... | am No 43, 1996; No 44, 2006 |
s 8..................... | am No 78, 1990; No 44, 2006 |
s 9..................... | am No 78, 1990; No 44, 2006 |
s 10.................... | am No 78, 1990; No 44, 2006; No 46, 2011 |
s 11.................... | am No 78, 1990; No 44, 2006 |
s 12.................... | am No 43, 1996; No 44, 2006 |
s 14.................... | am No 44, 2006 |
s 15.................... | am No 78, 1990 |
s 17.................... | am No 78, 1990; No 44, 2006 |
| ed C13 |
s 17A................... | ad No 44, 2006 |
| am No 77, 2008 |
s 17B................... | ad No 44, 2006 |
s 18.................... | am No 78, 1990; No 43, 1996; No 44, 2006 |
s 19.................... | am No 44, 2006 |
s 21.................... | am No 143, 2001; No 44, 2006 |
s 22.................... | rs No 44, 2006 |
s 23.................... | am No 78, 1990 |
s 24.................... | am No 99, 1988; No 78, 1990 |
| rep No 44, 2006 |
Schedule 3 |
|
Schedule 3................ | ad No 71, 1992 |
Schedule 4 |
|
Schedule 4................ | ad No 149, 2001 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraph 17(2)(a)
Kind of editorial change
Correct a typographical error
Details of editorial change
Paragraph 17(2)(a) refers to "body coporate" rather than "body corporate".
This compilation was editorially changed to omit "coporate" and substitute "corporate" to correct the typographical error.