Federal Register of Legislation - Australian Government

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Act No. 167 of 1984 as made
An Act relating to an agreement between the Commonwealth and Tasmania in connection with a sea passenger service across Bass Strait
Date of Assent 25 Oct 1984
Date of repeal 19 Mar 2003
Repealed by Maritime Legislation Amendment Act 2003
 

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167, 1984

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - LONG TITLE

An Act relating to an agreement between the Commonwealth and Tasmania in
connection with a sea passenger service across Bass Strait

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - SECT 1
Short title

(Assented to 25 October 1984)
1. This Act may be cited as the Bass Strait Sea Passenger Service Agreement Act 1984.

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - SECT 2
Commencement

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

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - SECT 3
Approval of agreement

3. The agreement a copy of which is set out in the Schedule is approved.

BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - SECT 4
Appropriation

4. (1) The payments by the Commonwealth to Tasmania provided for in the agreement referred to in section 3, including advances by the Minister, may be made to Tasmania, by way of financial assistance, on the terms and conditions contained in that agreement.

(2) The payments referred to in sub-section (1) shall be made out of money appropriated by the Parliament for the purpose.

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BASS STRAIT SEA PASSENGER SERVICE AGREEMENT ACT 1984 No. 167 of 1984 - SCHEDULE

SCHEDULE
Section 3
AN AGREEMENT made the 7th day of September One thousand nine hundred and
eighty-four between-THE COMMONWEALTH OF AUSTRALIA (in this agreement called
"the Commonwealth") of the one part, and THE STATE OF TASMANIA (in this
agreement called "the State") of the other part.

WHEREAS-
(A) the Commonwealth and the State have agreed that there is a need to replace
the Bass Strait passenger ship "Empress of Australia" used to provide
passenger shipping services between Melbourne in the State of Victoria and
Devonport in the State of Tasmania;
(B) the State has requested the Commonwealth to provide financial assistance
towards the cost of the purchase and the modification of the "Nils Holgersson"
as a replacement ship for the "Empress of Australia" and the provision of
upgraded terminal facilities in Melbourne and Devonport to satisfactorily handle
the replacement ship;
(C) the Commonwealth in response to the request of the State has decided to
make available upon appropriate terms and conditions an amount not exceeding
Twenty-six million dollars ($26,000,000.00);
(D) the State is arranging for the purchase and the modification of the
replacement ship and the upgrading of terminal facilities;
(E) on or about 5 June 1984 the Commonwealth in anticipation of this agreement
taking effect made an interest free payment to the State of an amount of Nine
hundred and fifty-eight thousand and seventy-three dollars ($958,073.00) to
enable the State to make a preliminary part payment of the purchase cost of the
ship; and
(F) the Commonwealth has agreed to request the Parliament of the Commonwealth
to authorise the grant of financial assistance to the State to the extent and
upon the terms and conditions set out in this agreement.


NOW IT IS HEREBY AGREED as follows:
1. (1) In this agreement, unless the contrary intention appears-
"financial year" means a period of twelve months ending on 30 June;
"the Minister" means the Minister of State for Transport of the Commonwealth
and includes any other Minister of State of the Commonwealth however designated
or member of the Federal Executive Council who may from time to time be
responsible for the functions relevant to this agreement for which the Minister
of State for Transport at the date of this agreement is responsible;
"the service" means the Bass Strait passenger shipping service between
Victoria and Tasmania; and
"the ship" means the ship known at the date of this agreement as the "Nils
Holgersson".

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(2) For the purposes of this agreement, unless the context otherwise requires,
a reference to-
(a) a clause refers to the relevant clause of this agreement and a reference
to a sub-clause refers to a sub-clause of the clause specified in that reference
or, if no clause is so specified, then to the sub-clause of the clause in which
the reference appears;
(b) expenditure upon or in connexion with the purchase of the ship shall
include the costs of transporting the ship from that location overseas where
delivery is taken of it on behalf of the State upon purchase to that Australian
port from which it is to commence providing the service;
(c) the modification of the ship shall mean the making of all modifications
needed to crew and passenger accommodation and to satisfy the requirements of
the Navigation Act 1912 of the Commonwealth; and
(d) the upgrading of terminal facilities shall mean the making of all
alterations to the terminal facilities in Melbourne and in Devonport as are
needed for each of those facilities to be able to satisfactorily handle the
ship.


2. This agreement shall have no force or effect and shall not be binding on
either party until it has been approved by the Parliament of the Commonwealth.

3. (1) Subject to compliance by the State with the provisions of this
agreement, the Commonwealth shall, in accordance with and subject to the
provisions of this agreement, provide financial assistance by way of a
non-repayable, interest free grant for the purpose of meeting or reimbursing
expenditure on or in connexion with the purchase and the modification of the
ship and the upgrading of terminal facilities.

(2) The financial assistance to be provided under sub-clause (1) (which is
hereinafter referred to as "the financial assistance") shall-
(a) not exceed in aggregate an amount which is equal to Twenty-five million
forty-one thousand nine hundred and twenty-seven dollars ($25,041,927.00); and
(b) be applied by the State, first, in respect of the expenditure on or in
connexion with the purchase and the modification of the ship, and secondly, as
to the balance (if any) remaining, in respect of the expenditure on or in
connexion with the upgrading of terminal facilities.


4. The Commonwealth shall, subject to the provisions of this agreement, at the
request of the State from time to time, make payment to the State of the
financial assistance at such times and in such amounts as the Minister considers
appropriate.

5. (1) The State shall furnish to the Minister such documents and other
evidence to support a request by the State for payment of the financial
assistance as the Minister may reasonably request, whether the request by the
Minister is made before or after the Commonwealth has made that payment.

(2) Any statement of expenditure by the State forwarded to the Commonwealth in
connexion with a request for payment of the financial assistance shall be in
accordance with a form approved by the Minister and accompanied by a certificate
of the Auditor-General of the State certifying, to the extent practicable, that,
in his or her opinion, the amounts shown in the statement were expended for the
purposes of this agreement.

6. The Minister may at such times and in such amounts as he or she thinks fit
make advances to the State on account of an amount that may become payable to
the State under clause 4.

7. The State shall ensure that an amount or any part of an amount paid or
advanced to the State under this agreement is not used or applied except for the
purpose of meeting or reimbursing expenditure of the character specified in
sub-clause 3 (1).

8. (1) Payment to the State under this agreement of any amount (including an
advance) is subject to the condition that the State shall repay to the
Commonwealth on demand by the Minister the amount by which at the time of the
demand the total of the amounts (including advances) paid to the State under
this agreement exceeds the total of the amounts that have become payable to the
State under clause 4.

(2) The Minister may deduct any amount repayable by the State by virtue of the
condition set out in sub-clause (1) from an amount of the financial assistance
payable by the Commonwealth to the State under this agreement.

9. The State shall from time to time at the request of the Minister furnish to
him or her such information as he or she may reasonably require for the purposes
of or in relation to this agreement.

10. The State agrees that in return for the financial assistance it shall for
a period of not less than ten (10) years commencing on the date upon which the
ship commences to provide the service conduct the service at its own expense.

11. The State undertakes to ensure that the ship or any other ship or ships
used to provide the service are each maintained in good working condition and
kept insured to full insurable value against all risks against which it is
customary in the shipping industry to insure.

12. (1) The accounts, vouchers, documents and other records relating to
expenditure for the purposes of this agreement shall be subject to audit.

(2) Until such time as the total amount of the financial assistance to be
provided to the State under this agreement has been provided by the Commonwealth
and supporting evidence to the satisfaction of the Minister in relation to all
amounts paid or advanced is furnished by the State, a report on the audits and
on the financial statements in respect of each financial year shall be furnished
by the Auditor-General of the State to the Minister as soon as possible after
the completion of the financial year indicating, inter alia-
(a) whether in the opinion of the Auditor-General the financial statements
are based on proper accounts and records and are in agreement with those
accounts and records; and
(b) whether in the opinion of the Auditor-General the expenditure of moneys
is in accordance with this agreement and including reference to such other
matters arising out of the audits and financial statements as the
Auditor-General of the State considers should be reported to the Minister.


13. Any notice, request or other communication given or made to the State for
the purposes of this agreement on behalf of the Commonwealth or the Minister
shall be deemed a sufficient notice, request or communication if it is in
writing signed by or on behalf of the Minister and any notice, request or other
communication given or made to the Commonwealth or the Minister for the purposes
of this agreement on behalf of the State shall be a sufficient notice if it is
in writing signed by or on behalf of the appropriate Minister of the State.

IN WITNESS WHEREOF this agreement has been executed by the parties as at the
day first above written.

SIGNED for and on behalf of THE
COMMONWEALTH OF AUSTRALIA by the
HonourablePETER FREDERICK MORRIS,
Minister of State for Transport, in the
presence of- PETER MORRIS
R. W. J. MORRIS
SIGNED for and on behalf of THE STATE OF
TASMANIA by the Honourable FRANCIS ROGER
GROOM, Minister for Transport, in the presence
of- F. ROGER GROOM
R. TAYLOR