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Lighthouses Act 1970

Authoritative Version
  • - C1970A00106
  • No longer in force
Act No. 106 of 1970 as made
An Act to amend the Lighthouses Act 1911-1966.
Date of Assent 04 Nov 1970
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015

Lighthouses

No. 106 of 1970

An Act to amend the Lighthouses Act 19111966.

[Assented to 4 November 1970]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)     This Act may be cited as the Lighthouses Act 1970.

(2.) The Lighthouses Act 1911–1966 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Lighthouses Act 1911–1970.

Commencement.

2.   This Act shall come into operation on the day on which it receives the Royal Assent.

Title.

3.   The title of the Principal Act is amended by omitting the words “and Buoys” and inserting in their stead the words “Buoys and other Marine Navigational Aids”.

Definitions.

4.   Section 3 of the Principal Act is amended—

(a) by omitting the definitions of “Collector” and “Marine Marks” and inserting in their stead the following definitions:—

“‘Collector’ means any person who is a Collector for the purposes of the Customs Act 1901–1968 and any person who is authorized by the Minister, in writing, to collect light dues;

“‘Marine navigational aid’ means—

(a) a lighthouse, lightship, beacon or buoy; or

(b) any other structure, mark, device or apparatus that is an aid to marine navigation, including a radio beacon or an electronic aid, but not including any device or apparatus used, or for use, on a ship, not being a lightship;”; and

(b) by adding at the end thereof the following definition:—


 

“‘the International Convention for the Safety of Life at Sea’ means the International Convention for the Safety of Life at Sea, 1960, as affected by any amendment, other than an amendment not accepted by Australia, made under Article IX. of the Convention.”.

Application to Territories.

5.   Section 4 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) This Act, other than sections 13 to 18 (inclusive), extends to—

(a) the Territory of Papua;

(b) the Territory of New Guinea;

(c) the Territory of Cocos (Keeling) Islands;

(d) the Coral Sea Islands Territory; and

(e) any other Territory of the Commonwealth not forming part of the Commonwealth to which the Governor-General by Proclamation declares that this Act shall extend.”.

6.   Section 7 of the Principal Act is repealed and the following section inserted in its stead:—

Power to establish or alter lighthouses, &c.

“7. The Commonwealth may—

(a) establish and maintain lighthouses, lightships, beacons or buoys and, for the purpose of giving effect to the undertaking of the Commonwealth under Regulation 14 of Chapter V. of the International Convention for the Safety of Life at Sea, establish and maintain other marine navigational aids;

(b) add to, alter or remove any marine navigational aid the property of, or under the control of, the Commonwealth; and

(c) vary the character of any marine navigational aid the property of, or under the control of, the Commonwealth.”.

Protection from actions.

7.   Section 12 of the Principal Act is amended by omitting the words “any lighthouse or marine mark” and inserting in their stead the words “, or by reason of any defect in, a marine navigational aid established or maintained by the Commonwealth”.

Injuring lighthouses, &c.

8.   Section 19 of the Principal Act is amended by inserting in sub-section (1.), after paragraph (b), the following paragraph:—

“(bd) wilfully or negligently do anything which interferes with the operation of, or the use by a person of, a marine navigational aid the property of, or under the control of, the Commonwealth so as to hinder the effective operation, or use, of the aid;”.

Consequential amendments of Principal Act.

9.   The Principal Act is amended as set out in the Schedule to this Act.


 

THE SCHEDULE                                      Section 9.

———

Amendments of the Principal Act

Provisions affected

Amendments

Section 4 (2.).................

(a) Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

 

(b) After “the property of” (wherever occurring) insert “, or under the control of,”.

 

Heading immediately preceding section 5

Omit the heading, insert “Marine Navigational Aids.”.

Section 5........................

Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

Section 6........................

Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

Section 6a (1.), (2.), (3.), (4.) and (5.)

Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

Section 6a (7.)...............

Omit “‘lighthouse’ and ‘marine mark’”, insert “‘marine navigational aid’”.

 

Section 8 (1.) (a)............

(a) Omit “marine mark”, insert “marine navigational aid”.

 

(b) Before “lamp” (second occurring) insert “marine navigational aid,”.

Section 8 (1.) (b)............

(a) Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

 

(b) After “the property of” insert “, or under the control of,”.

Section 10......................

Omit “marine mark” (wherever occurring), insert “marine navigational aid”.

 

Section 11......................

Omit “marine mark”, insert “marine navigational aid”.

Section 15......................

Omit “the Collector”, insert “a Collector”.

Section 16 (1.)...............

Omit “the Collector” (first occurring), insert “a Collector”.

Section 19 (1.) (a)..........

(a) Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

 

(b) After “the property of” insert “, or under the control of,”.

 

(c) Omit “lighthouse or marine marks service “, insert “establishment, maintenance or servicing of marine navigational aids”.

 

Section 19 (1.) (b)..........

(a) Omit “or marine mark”, insert “, lightship, beacon or buoy”.

 

(b) After “the property of” insert “, or under the control of,”.

Section 19 (1.) (c)..........

(a) Omit “marine mark “, insert “marine navigational aid”.

 

(b) After “the property of” insert “, or under the control of,”.

Section 19 (1.) (d)..........

(a) Omit “lighthouse or marine mark”, insert “marine navigational aid”.

 

(b) After “the property of” insert “, or under the control of,”.

 

(c) Omit “lighthouse or marine marks service”, insert “establishment, maintenance or servicing of marine navigational aids”.

 

Section 19 (2.)...............

Omit “lighthouse or marine mark”, insert “marine navigational aid

Section 19 (3.)...............

(a) Omit “lighthouse or marine mark”, insert “marine navigational aid”.

 

(b) After “the property of” insert “, or under the control of,”.

Section 19a...................

Omit “lighthouse or marine mark” (wherever occurring), insert “marine navigational aid”.

 

“Section 19b..................

Omit “lighthouse or marine mark”, insert “marine navigational aid”.