Victoria Introduces Marine (Domestic Commercial Vessel National Law Application) Bill 2013

Friday 10 May 2013 @ 10.47 a.m. | Legal Research

The Victorian State Government has become the latest to introduce legislation providing for the adoption of a national approach to the regulation of domestic commercial vessels. The legislation was introduced into the Victorian Legislative Assembly on 7 May 2013.

The government states the primary purpose of the Marine (Domestic Commercial Vessel National Law Application) Bill 2013 (Vic) as being to adopt in Victoria the national approach to the regulation of commercial vessels by:

  • applying the Commonwealth domestic commercial vessel national law as a law of Victoria; and

  • making provision to enable the Commonwealth law and the applied law of Victoria to be administered on a uniform basis by the Commonwealth (and by Victorian officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.

The proposed law will also: repeal provisions of the Marine Safety Act 2010 (Vic) which are no longer required; and makes consequential amendments to affected Victorian statutes.

The Minister's Explanatory Memorandum refers to the propsed law as: 

"... form[ing] part of a new scheme for the national regulation of commercial vessels, including the establishment of a national marine regulator, in accordance with the State's intergovernmental obligations . . ." and goes on to state that "Together with the Commonwealth domestic commercial vessel national law, the Bill makes the most significant changes since settlement to the way small commercial craft are regulated in Victoria ... The Bill does this by facilitating an historic shift in responsibility from States and Territories to the Commonwealth".

Victoria now becomes the fourth state to adopt the Commonwealth legislation, the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (No. 121) (CTH) which was assented on 12 September 2012.

In the three other states the position is:

New South Wales - The Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Act 2012 (No. 90 of 2012) was assented to on 20 November 2012.

South Australia - The Marine Safety (Domestic Commercial Vessel) National Law (Application) Bill 2013 (No. 120 of 2013) is currently in the debate stages in the South Australian Legislative Council.

Tasmania - The Marine Safety (Domestic Commercial Vessel National Law Application) Bill 2013 (No. 3 of 2013) is currently passed the debate stage in both Houses and awaiting enactment.

It is expected that other jurisdictions will also follow in enacting the national law.

Source: Victorian Legislative Assembly Explanatory Memorandum and TimeBase LawOne.

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