AUSTRALIAN SHIPPING COMMISSION ACT 1956
- Reprinted as at 28 February 1985 (HISTACT CHAP 291 #DATE 28:02:1985)
*1* The Australian Shipping Commission Act 1956 as shown in this reprint
comprises Act No. 41, 1956 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
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Australian Coastal
Shipping Commission
Act 1956 41, 1956 30 June
1956 1 Oct 1956 (see
Gazette 1956, p.
2917)
Australian Coastal
Shipping Commission
Act 1962 87, 1962 14 Dec
1962 11 Jan 1963 -
Australian Coastal
Shipping Commission
Act 1964 88, 1964 5 Nov
1964 5 Nov 1964 -
Australian Coastal
Shipping Commission
Act 1966 4, 1966 1 Apr
1966 29 Apr 1966 -
Australian Coastal
Shipping Commission
Act 1968 145, 1968 9 Dec
1968 9 Dec 1968 -
Australian Coastal
Shipping Commission
Act 1969 55, 1969 14 June
1969 14 June 1969 -
Statute Law
Revision Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Australian Shipping
Commission Act 1974 83, 1974 18 Oct
1974 18 Oct 1974 S. 22
Australian Shipping
Commission
Amendment Act 1977 153, 1977 10 Nov
1977 10 Nov 1977 -
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
Australian Shipping
Commission
Amendment Act 1980 39, 1980 23 May
1980 23 May 1980 -
Statute Law
(Miscellaneous
Amendments) Act
(No. 1) 1982 26, 1982 7 May
1982 Part IX (ss. 70
and 71): 6 Mar
1984 (see
Gazette 1984, No.
S85, p. 1) (a) -
Conciliation and
Arbitration
Amendment Act (No.
2) 1983 115, 1983 16 Dec
1983 S. 41: 1 June
1984 (see
Gazette 1984, No.
S201, p. 1) (b) -
Australian Shipping
Commission
Amendment Act 1983 127, 1983 22 Dec
1983 19 Jan 1984 Ss. 4
(2),
(3), 8
(2)-(4),
10 (2),
12
(2), (3),
14 (2),
(3), 15
(2) and
(3)
as
amended
by
Statute Law
(Miscellaneous
Provisions) Act
(No. 2) 1984 165, 1984 25 Oct
1984 S. 3: (c) S. 2 (32)
Radiocommunications
(Transitional
Provisions and
Consequential
Amendments) Act
1983 136, 1983 22 Dec
1983 (see s. 2 and
Note 2) -
Statute Law
(Miscellaneous
Provisions) Act
(No. 1) 1984 72, 1984 25 June
1984 S. 3: (d) S. 2 (24)
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(a) The Australian Shipping Commission Act 1956 was amended by Part IX
(sections 70 and 71) only of the Statute Law (Miscellaneous Amendments) Act
(No. 1) 1982, sub-section 2 (2) of which provides as follows:
"(2) Part IX shall come into operation, or shall be deemed to have come
into operation, as the case requires, on the date of commencement of the
Environment Protection (Sea Dumping) Act 1981."
(b) The Australian Shipping Commission Act 1956 was amended by section 41
only of the Conciliation and Arbitration Amendment Act (No. 2) 1983,
sub-section 2 (2) of which provides as follows:
"(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, sub-section 22 (3) and
sections 27, 39, 40, 41 and 43 shall come into operation on a date, or
respective dates, to be fixed by Proclamation."
(c) The Australian Shipping Commission Amendment Act 1983 was amended by
the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, sub-section 2 (6)
of which provides as follows:
"(6) The amendments of the Australian Shipping Commission Amendment Act
1983 made by this Act shall be deemed to have come into operation on 19
January 1984."
(d) The Australian Shipping Commission Act 1956 was amended by section 3
only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984,
sub-section 2 (4) of which provides as follows:
"(4) The amendment of the Australian Shipping Commission Act 1956 made by
this Act shall be deemed to have come into operation on 19 January 1984."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
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Provision affected How affected
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Title . . . . . . . . am. No. 83, 1974
Ss. 3, 4 . . . . . . rep. No. 216, 1973
S. 5 . . . . . . . . am. No. 87, 1962; No. 216, 1973
rs. No. 83, 1974
am. No. 153, 1977; No. 39, 1980; No. 127, 1983
S. 6 . . . . . . . . am. No. 216, 1973; No. 127, 1983
Heading to Part II . am. No. 83, 1974
S. 7 . . . . . . . . rs. No. 83, 1974
am. No. 127, 1983
S. 8 . . . . . . . . am. No. 216, 1973
rs. No. 83, 1974
am. No. 153, 1977
rs. No. 127, 1983
S. 8A . . . . . . . . ad. No. 83, 1974
am. No. 153, 1977
rs. No. 127, 1983
Ss. 8B, 8C . . . . . ad. No. 83, 1974
rep. No. 127, 1983
S. 9 . . . . . . . . am. No. 83, 1974
rs. No. 127, 1983
Ss. 9A, 9B . . . . . ad. No. 127, 1983
S. 10 . . . . . . . . rs. No. 127, 1983
S. 11 . . . . . . . . rs. No. 83, 1974; No. 127, 1983
S. 12 . . . . . . . . rs. No. 127, 1983
S. 13 . . . . . . . . am. No. 83, 1974
rs. No. 127, 1983
S. 13A . . . . . . . ad. No. 83, 1974
rs. No. 127, 1983
S. 14 . . . . . . . . am. No. 83, 1974
rs. No. 127, 1983
S. 14A . . . . . . . ad. No. 127, 1983
S. 15 . . . . . . . . am. No. 216, 1973; No. 83, 1974; No. 127, 1983
S. 16 . . . . . . . . am. No. 4, 1966; No. 145, 1968; No. 55, 1969;
No.
216, 1973; No.83, 1974; No. 153, 1977; No. 127,
1983
S. 16A . . . . . . . ad. No. 153, 1977
S. 17 . . . . . . . . am. No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
S. 17A . . . . . . . ad. No. 153, 1977
rep. No. 127, 1983
S. 18 . . . . . . . . am. No. 145, 1968; No. 216, 1973; No. 83, 1974;
No. 153, 1977
rs. No. 127, 1983
S. 19 . . . . . . . . am. No. 145, 1968
rs. No. 153, 1977
am. No. 39, 1980
rs. No. 127, 1983
S. 19A . . . . . . . ad. No. 127, 1983
am. No. 72, 1984
S. 19B . . . . . . . ad. No. 127, 1983
S. 21 . . . . . . . . am. No. 127, 1983
S. 22 . . . . . . . . am. No. 88, 1964; No. 4, 1966; No. 216, 1973;
No.
83, 1974
rs. No. 127, 1983
S. 23 . . . . . . . . rs. No. 127, 1983
S. 24A . . . . . . . ad. No. 83, 1974
rep. No. 153, 1977
S. 25 . . . . . . . . am. No. 127, 1983
rep. No. 115, 1983
S. 26 . . . . . . . . am. Nos. 127 and 115, 1983
S. 27 . . . . . . . . am. No. 216, 1973; No. 127, 1983
S. 28 . . . . . . . . rs. No. 216, 1973
am. No. 83, 1974; No. 153, 1977; No. 36, 1978;
No.
127, 1983
S. 29 . . . . . . . . am. No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
S. 29A . . . . . . . ad. No. 127, 1983
S. 30 . . . . . . . . am. No. 87, 1962
rs. No. 88, 1964
am. No. 4, 1966; No. 83, 1974; No. 153, 1977;
No.
36, 1978
rs. No. 39, 1980
am. No. 127, 1983
Ss. 30A-30E . . . . . ad. No. 39, 1980
rep. No. 127, 1983
S. 31 . . . . . . . . am. No. 87, 1962
rs. No. 127, 1983
S. 32 . . . . . . . . am. No. 87, 1962; No. 88, 1964; No. 83, 1974;
No.
153, 1977
rs. No. 127, 1983
Ss. 32A, 32B . . . . ad. No. 127, 1983
S. 33 . . . . . . . . am. No. 83, 1974; No. 153, 1977; No. 127, 1983
Ss. 34, 35 . . . . . rs. No. 83, 1974; No. 127, 1983
S. 36 . . . . . . . . am. No. 216, 1973
rs. No. 83, 1974; No. 153, 1977
am. No. 39, 1980; No. 127, 1983
S. 37 . . . . . . . . rs. No. 127, 1983
Div. 5 of Part II
(ss. 37-39) rep. No. 127, 1983
Ss. 37, 38 . . . . . rep. No. 127, 1983
S. 39 . . . . . . . . am. No. 83, 1974; No. 153, 1977; No. 36, 1978
rep. No. 127, 1983
Part III (ss. 40-43) rep. No. 216, 1973
Ss. 40-43 . . . . . . rep. No. 216, 1973
S. 44 . . . . . . . . am. No. 83, 1974
rs. No. 127, 1983
S. 45 . . . . . . . . am. No. 83, 1974; No. 127, 1983
S. 47 . . . . . . . . am. No. 83, 1974; No. 153, 1977; No. 36, 1978
rs. No. 127, 1983
S. 48 . . . . . . . . am. No. 4, 1966; No. 83, 1974
rs. No. 127, 1983
S. 49 . . . . . . . . am. No. 4, 1966; No. 83, 1974
rep. No. 127, 1983
S. 50 . . . . . . . . am. No. 4, 1966
rep. No. 127, 1983
Heading to the
Schedules . . . . . . rep. No. 83, 1974
First, Second
Schedules . . . . . . rep. No. 216, 1973
Heading to Third
Schedule . . . . . . rep. No. 83, 1974
Third Schedule . . . am. No. 87, 1962; No. 145, 1968
Heading to Schedule . ad. No. 83, 1974
Schedule . . . . . . am. No. 153, 1977; No. 26, 1982; No. 127, 1983
(as am. by No.165, 1984)
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AUSTRALIAN SHIPPING COMMISSION ACT 1956 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
5. Interpretation
6. Extension to Territories
PART II-THE AUSTRALIAN SHIPPING COMMISSION
Division 1-Establishment and Constitution of the Commission
7. Establishment of Australian Shipping Commission
8. Constitution of Commission
8A. Period of appointment
9. Acting Chairman
9A. Acting Deputy Chairman
9B. Acting Commissioner
10. Leave
11. Remuneration and allowances of Commissioners
12. Termination of appointment
13. Disclosure of interests
13A. Resignation
14. Meetings of Commission
14A. Delegation
Division 2-Functions, Powers and Duties of the Commission
15. Functions of Commission
16. Powers of Commission
16A. Functions of Commission conferred by State Acts
17. General duties of Commission
18. Directions to Commission
19. Reimbursement of cost of complying with directions
19A. Charges for services
19B. Corporate objectives, &c.
20. Head office
Division 3-Staff
21. Appointment of officers
22. Terms and conditions of employment
23. Managing Director to be chief executive officer
24. Temporary and casual employees
26. Preservation of certain awards, &c.
27. Application of certain Acts
Division 4-Finances of the Commission
28. Capital of Commission
29. Financial policy
29A. Payment of dividend to Commonwealth
30. Borrowings from Commonwealth
31. Borrowings otherwise than from Commonwealth
32. Guarantees
32A. Commission may give security
32B. Borrowings not otherwise permitted
33. Profits of Commission
34. Application of moneys
35. Application of Division 2 of Part XI of the Audit Act 1901
36. Liability of Commission to taxation
37. Estimates
PART IV-MISCELLANEOUS
44. Reports to Minister
45. Application of certain Acts to Commission
46. Recovery of fares or charges
47. By-laws
48. Regulations
SCHEDULE
Acts applicable to the Commission
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - LONG TITLE
SECT
An Act to establish an Australian Shipping Commission to operate certain
Shipping Services, and for other purposes
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - PART I
PART I-PRELIMINARY
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian Shipping Commission Act 1956.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 5
Interpretation
SECT
5. (1) In this Act, unless the contrary intention appears-
"acting Chairman" means a person who is acting as Chairman in pursuance of
an appointment under sub-section 9 (1);
"acting Commissioner" means a person who is acting as a Commissioner in
pursuance of an appointment under sub-section 9B (1);
"acting Deputy Chairman" means a person who is acting as Deputy Chairman in
pursuance of an appointment under sub-section 9A (1);
"appoint" includes re-appoint;
"Australia" includes the external Territories;
"Chairman" means the Chairman of the Commission;
"Commission" means the Australian Shipping Commission;
"Deputy Chairman" means the Deputy Chairman of the Commission;
"financial year" means the 12 months ending on 30 June;
"Managing Director" means the Managing Director of the Commission;
"non-executive Commissioner" means a Commissioner other than the Managing
Director;
"securities" includes stocks, debentures, debenture stocks, notes, bonds,
promissory notes, bills of exchange and similar instruments or documents.
(2) In this Act, a reference to dealing with securities shall be read as
including a reference to-
(a) creating, executing, entering into, drawing, making, accepting,
indorsing, issuing, discounting, selling, purchasing or reselling securities;
(b) creating, selling, purchasing or reselling rights or options in respect
of securities; and
(c) entering into agreements or other arrangements relating to securities.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 6
Extension to Territories
SECT
6. This Act extends to every external Territory.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - PART II
PART II-THE AUSTRALIAN SHIPPING COMMISSION
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - DIVISION 1
Division 1-Establishment and Constitution of the Commission
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 7
Establishment of Australian Shipping Commission
SECT
7. (1) The body corporate established by the section for which this section
was substituted by section 6 of the Australian Shipping Commission Act 1974-
(a) continues in existence by force of this sub-section as a body
corporate, under and subject to the provisions of this Act, under the name
"Australian Shipping Commission", but so that the corporate identity of the
body corporate shall not be affected;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the common seal of the Commission appearing on a
document and shall presume that the document was duly sealed.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 8
Constitution of Commission
SECT
8. (1) The Commission shall consist of 7 Commissioners, namely-
(a) the Chairman of the Commission;
(b) the Deputy Chairman of the Commission;
(c) the Managing Director; and
(d) 4 other Commissioners.
(2) The non-executive Commissioners shall be appointed by the
Governor-General and shall hold office on a part-time basis.
(3) The Managing Director shall be appointed by the Governor-General and
shall hold office on a full-time basis.
(4) A person who has attained the age of 65 years shall not be appointed as
the Managing Director and a person shall not be appointed as the Managing
Director for a period that extends beyond the day on which he will attain the
age of 65 years.
(5) The Commissioners hold office on such terms and conditions (in respect
of matters not provided for by this Act) as are determined by the Minister by
instrument in writing.
(6) The performance of the functions, and the exercise of the powers, of the
Commission are not affected by reason only of there being a vacancy or
vacancies in the membership of the Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 8A
Period of appointment
SECT
8A. Subject to this Division, a Commissioner holds office for such period,
not exceeding 5 years, as is specified in the instrument of his appointment,
but is eligible for re-appointment.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 9
Acting Chairman
SECT
9. (1) Subject to sub-section (2), the Minister may appoint the Deputy
Chairman, another Commissioner or another person to act as Chairman-
(a) during a vacancy in the office of Chairman; or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia or is, for any other reason, unable to perform the
duties of his office.
(2) The Managing Director shall not be appointed to act as Chairman.
(3) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
(4) A person appointed under sub-section (1) to act during a vacancy in the
office of Chairman shall not continue so to act for more than 12 months.
(5) Where a person is acting as Chairman in accordance with paragraph (1)
(b) and the office of Chairman becomes vacant while that person is so acting,
then, subject to sub-section (3), that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurs expires, whichever first happens.
(6) While a person is acting as Chairman, he has and may exercise all the
powers, and shall perform all the functions, of the Chairman.
(7) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as Chairman; and
(b) terminate such an appointment at any time.
(8) The appointment of a person to act as Chairman ceases to have effect if
he resigns his appointment by writing signed by him and delivered to the
Minister.
(9) The validity of anything done by or in relation to a person purporting
to act as Chairman shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 9A
Acting Deputy Chairman
SECT
9A. (1) Subject to sub-section (2), the Minister may appoint a Commissioner
or another person to act as Deputy Chairman-
(a) during a vacancy in the office of Deputy Chairman; or
(b) during any period, or during all periods, when the Deputy Chairman is
acting as Chairman, is absent from duty or from Australia or is, for any other
reason, unable to perform the duties of his office.
(2) The Managing Director shall not be appointed to act as Deputy Chairman.
(3) An appointment under sub-section (1) may be expressed to have effect
only in such circumstances as are specified in the instrument of appointment.
(4) A person appointed under sub-section (1) to act during a vacancy in the
office of Deputy Chairman shall not continue so to act for more than 12
months.
(5) Where a person is acting as Deputy Chairman in accordance with paragraph
(1) (b) and the office of Deputy Chairman becomes vacant while that person is
so acting, then, subject to sub-section (3), that person may continue so to
act until the Minister otherwise directs, the vacancy is filled or a period of
12 months from the date on which the vacancy occurs expires, whichever first
happens.
(6) While a person is acting as Deputy Chairman, he has and may exercise all
the powers, and shall perform all the functions, of the Deputy Chairman.
(7) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as Deputy Chairman; and
(b) terminate such an appointment at any time.
(8) The appointment of a person to act as Deputy Chairman ceases to have
effect if he resigns his appointment by writing signed by him and delivered to
the Minister.
(9) The validity of anything done by or in relation to a person purporting
to act as Deputy Chairman shall not be called in question on the ground that
the occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 9B
Acting Commissioner
SECT
9B. (1) The Minister may appoint a person to act as a Commissioner-
(a) during a vacancy in the office of that Commissioner; or
(b) during any period, or during all periods, when that Commissioner is
acting as Chairman or Deputy Chairman, is absent from duty or from Australia
or is, for any other reason, unable to perform the duties of his office.
(2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
(3) A person appointed under sub-section (1) to act during a vacancy in the
office of a Commissioner shall not continue so to act for more than 12 months.
(4) Where a person is acting as a Commissioner in accordance with paragraph
(1) (b) and the office of the Commissioner in whose place the person is acting
becomes vacant while the person is so acting, then, subject to sub-section
(2), the person may continue so to act until the Minister otherwise directs,
the vacancy is filled or a period of 12 months from the date on which the
vacancy occurs expires, whichever first happens.
(5) While a person is acting as a Commissioner, he has and may exercise all
the powers, and shall perform all the functions, of the Commissioner in whose
place he is acting as a Commissioner.
(6) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as a Commissioner; and
(b) terminate such an appointment at any time.
(7) The appointment of a person to act as a Commissioner ceases to have
effect if he resigns his appointment by writing signed by him and delivered to
the Minister.
(8) The validity of anything done by or in relation to a person purporting
to act as a Commissioner shall not be called in question on the ground that
the occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
(9) A reference in this section to a Commissioner does not include a
reference to the Chairman, the Deputy Chairman or the Managing Director.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 10
Leave
SECT
10. (1) The Minister may grant leave of absence to the Managing Director
upon such conditions as to remuneration or otherwise as the Minister thinks
fit.
(2) The Minister may grant leave to a non-executive Commissioner to be
absent from a meeting of the Commission upon such conditions as to
remuneration or otherwise as the Minister thinks fit.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 11
Remuneration and allowances of Commissioners
SECT
11. (1) The Commissioners shall be paid by the Commission such remuneration
as is determined by the Remuneration Tribunal.
(2) The Commissioners shall be paid by the Commission such allowances as are
prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 12
Termination of appointment
SECT
12. (1) The Governor-General may terminate the appointment of a Commissioner
for misbehaviour or physical or mental incapacity.
(2) If-
(a) a Commissioner becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with his creditors
or makes an assignment of his remuneration for their benefit;
(b) the Managing Director is absent from duty, except on leave of absence
granted by the Minister, for 14 consecutive days or for 28 days in any 12
months;
(c) a non-executive Commissioner is absent, except on leave of absence
granted by the Minister, from 3 consecutive meetings of the Commission; or
(d) a Commissioner fails, without reasonable excuse, to comply with his
obligations under section 13,
the Governor-General shall terminate the appointment of the Commissioner.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 13
Disclosure of interests
SECT
13. (1) A Commissioner who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Commission shall, as
soon as possible after the relevant facts have come to his knowledge, disclose
the nature of his interest at a meeting of the Commission.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Commission and the Commissioner shall not, unless the
Minister or the Commission otherwise determines-
(a) be present during any deliberation of the Commission with respect to
that matter; or
(b) take part in any decision of the Commission with respect to that
matter.
(3) For the purpose of the making of a determination by the Commission under
sub-section (2) in relation to a Commissioner who has made a disclosure under
sub-section (1), a Commissioner who has a direct or indirect pecuniary
interest in the matter to which the disclosure relates shall not-
(a) be present during any deliberation of the Commission for the purpose of
making the determination; or
(b) take part in the making by the Commission of the determination.
(4) A reference in this section to a Commissioner includes a reference to an
acting Chairman who is not a Commissioner, to an acting Deputy Chairman who is
not a Commissioner and to an acting Commissioner.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 13A
Resignation
SECT
13A. A Commissioner may resign his office by writing signed by him and
delivered to the Governor-General.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 14
Meetings of Commission
SECT
14. (1) The Commission shall hold such meetings as are necessary for the
efficient performance of its functions.
(2) The Chairman-
(a) may, at any time, convene a meeting of the Commission; and
(b) shall, on receipt of a written request signed by not less than 2 other
Commissioners, convene a meeting of the Commission.
(3) The Minister may, at any time, convene a meeting of the Commission.
(4) The Chairman shall preside at all meetings of the Commission at which he
is present.
(5) Where the Chairman is not present at a meeting of the Commission-
(a) the Deputy Chairman shall preside at the meeting; or
(b) if the Deputy Chairman is not present at the meeting-the Commissioners
present shall appoint one of their number to preside at the meeting.
(6) At a meeting of the Commission, 4 Commissioners constitute a quorum.
(7) Questions arising at a meeting of the Commission shall be determined by
a majority of the votes of the Commissioners present.
(8) The person presiding at a meeting of the Commission has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
(9) A reference in this section to the Chairman is, if there is an acting
Chairman, a reference to the acting Chairman.
(10) A reference in this section to the Deputy Chairman is, if there is an
acting Deputy Chairman, a reference to the acting Deputy Chairman.
(11) A reference in this section to a Commissioner includes, unless the
contrary intention appears, a reference to an acting Chairman who is not a
Commissioner, to an acting Deputy Chairman who is not a Commissioner and to an
acting Commissioner.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 14A
Delegation
SECT
14A. (1) The Commission may, either generally or as otherwise provided by
the instrument of delegation, by writing under its common seal, delegate to a
person all or any of its powers under this Act, other than this power of
delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Commission.
(3) A delegation under this section does not prevent the exercise of a power
by the Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - DIVISION 2
Division 2-Functions, Powers and Duties of the Commission
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 15
Functions of Commission
SECT
15. The functions of the Commission are-
(a) to establish, maintain and operate, or to provide for the
establishment, maintenance and operation of, shipping services for the
carriage of passengers, goods and mails-
(i) between a place in a State and a place in another State;
(ii) between a place in a State and a place in a Territory;
(iii) between a place in a Territory and a place in the same or another
Territory; and
(iv) between a place in Australia and a place in another country;
(b) to do anything incidental or conducive to the performance of the
function referred to in paragraph (a); and
(c) to provide to the Commonwealth, authorities of the Commonwealth and
other persons such other services as can conveniently be provided by the use
of the resources of the Commission that are not immediately required by the
Commission for the performance of the functions referred to in paragraphs (a)
and (b).
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 16
Powers of Commission
SECT
16. (1) Subject to this section, the Commission has power to do all things
necessary or convenient to be done for or in connexion with the performance of
its functions.
(2) Without limiting the generality of sub-section (1), the powers of the
Commission referred to in that sub-section include power-
(a) to carry on the general business of a shipowner in relation to any
shipping service operated by the Commission;
(aa) subject to the approval of the Minister-
(i) to participate with another person in the formation of an
incorporated company;
(ii) to take, or otherwise acquire, and hold shares or stock in the
capital of an incorporated company;
(iii) to enter into a partnership; and
(iv) to enter into an arrangement for the sharing of receipts;
(b) to purchase, or to take on lease or charter, ships required for
carrying on the business of the Commission;
(c) to dispose of, or to lease or charter, any ship owned by the Commission
and to sub-lease or sub-charter any ship on lease or charter to the
Commission;
(d) to purchase or take on lease land, buildings or wharves necessary for
carrying on the business of the Commission;
(e) to dispose of, or grant leases of, land, buildings or wharves acquired
by, or vested in, the Commission;
(f) to purchase, or take on hire, plant, equipment, stocks or other goods
necessary for carrying on the business of the Commission;
(g) to dispose of plant, equipment, stocks or other goods acquired by, or
vested in, the Commission;
(h) subject to the approval of the Minister, to engage in stevedoring
operations;
(i) to appoint agents for the purposes of the business of the Commission;
(j) to act as agent for other persons;
(k) to train, or arrange for the training of, persons to fit them for
employment as officers or seamen in merchant ships;
(l) to compound, release or settle claims by or against the Commission,
whether in contract or in tort; and
(m) to do anything incidental to any of its powers.
(2A) Notwithstanding sub-sections (1) and (2) and without limiting the
generality of paragraph (2)(j), the Commission has power to act as agent for
another person operating a shipping service between a place in Australia and a
place in another country or a shipping service incidental to such a shipping
service.
(2B) The approval of the Minister of the participation by the Commission
with another person in the formation of an incorporated company the powers of
which will extend to the doing of an act or thing that the Commission itself
is not empowered to do shall not be given unless the Minister is satisfied
that the participation by the Commission in the formation of the company would
be conducive to the performance of a function of the Commission.
(2C) The approval of the Minister of the taking or other acquisition by the
Commission of shares or stock in the capital of an incorporated company the
powers of which extend to the doing of an act or thing that the Commission
itself is not empowered to do shall not be given unless the Minister is
satisfied that the holding by the Commission of the shares or stock would be
conducive to the performance of a function of the Commission.
(2D) If-
(a) after the Commission takes or otherwise acquires shares or stock in the
capital of an incorporated company referred to in sub-section (2C), the
Minister becomes satisfied that the holding by the Commission of the shares or
stock is no longer conducive to the performance of a function of the
Commission; or
(b) the memorandum of association or articles of association of an
incorporated company in the capital of which the Commission holds shares or
stock are altered so as to empower the company to do an act or thing that the
Commission itself is not empowered to do and the Minister is not satisfied
that the continued holding by the Commission of the shares or stock would be
conducive to the performance of a function of the Commission,
the Minister shall, by instrument under his hand, direct the Commission to
dispose of the shares or stock and the Commission shall comply with the
direction as soon as practicable.
(2E) A reference in this section to an incorporated company shall be read as
a reference to a company that is to be incorporated, or is incorporated, as
the case may be, in Australia or elsewhere.
(3) The Commission shall not, without the approval of the Minister-
(a) enter into a contract under which the Commission is to pay or receive
an amount exceeding $2,000,000 or, if a higher amount is prescribed by the
regulations, that higher amount; or
(b) enter into a contract or arrangement with another person under which
the other person agrees to acquire real or personal property to be leased, or
let on hire, to the Commission.
(4) The reference in paragraph (3) (a) to a contract does not include a
reference to a contract for the carriage of passengers or goods by the
Commission.
(5) An approval for the purposes of paragraph (3) (a) or (b) may be given in
relation to-
(a) a particular contract or arrangement; or
(b) contracts or arrangements included in a class of contracts or
arrangements.
(6) An approval under sub-section (3) shall be given by instrument in
writing.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 16A
Functions of Commission conferred by State Acts
SECT
16A. (1) It is the intention of the Parliament that, subject to sub-section
(2), the Commission may have and perform, in addition to functions and powers
under this Act, functions and powers conferred on it specifically by a State
Act, being functions and powers relating to the provision of-
(a) shipping services for the carriage of goods between places in that
State; or
(b) shipping services of the kind mentioned in paragraph (a) and services
for the carriage of goods by land to the extent that such carriage is incident
to the carriage of goods by sea in pursuance of shipping services of that
kind.
(2) The regulations may provide that sub-section (1) does not extend to all
or any of the functions and powers expressed to be conferred on the Commission
by a State Act.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 17
General duties of Commission
SECT
17. (1) The Commission shall conduct its operations efficiently and, subject
to sub-sections 18 (3) and 29 (3), in a manner that accords with sound
commercial practice.
(2) Nothing in sub-section (1) shall be taken to impose on the Commission a
duty that is enforceable by proceedings in a court.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 18
Directions to Commission
SECT
18. (1) Except as provided by this section or as otherwise expressly
provided by this Act, the Commission is not subject to direction by or on
behalf of the Government of the Commonwealth.
(2) Where the Minister is satisfied that it is desirable in the public
interest to do so, he may, by notice in writing to the Commission, give
directions to the Commission with respect to the performance of its functions
or duties or the exercise of its powers.
(3) The Commission shall comply with any direction given to it by the
Minister under sub-section (2).
(4) Where the Minister gives a direction to the Commission under sub-section
(2), he shall cause a statement setting out particulars of, and the reasons
for, the direction to be laid before each House of the Parliament within 7
sitting days of that House after the giving of the direction.
(5) Where the Minister directs the Commission under sub-section (2) to
establish, maintain and operate, or to continue to maintain and operate, a
shipping service for the purpose of meeting the requirements of a particular
area, he shall, as soon as practicable after the direction is given, cause an
inquiry, in such form as he thinks appropriate, to be held into the following
matters:
(a) whether the requirements of that area could be met by the provision of
a shipping or other transport service by a person or persons other than the
Commission;
(b) where the requirements of that area could be so met-
(i) whether the Commonwealth would be required to provide financial or
other assistance in connection with the provision of the service by the other
person or persons; and
(ii) if the Commonwealth would be required to provide such
assistance-the nature, and the cost to the Commonwealth, of the assistance.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 19
Reimbursement of cost of complying with directions
SECT
19. (1) Where the Commission satisfies the Minister that it has, during any
period, suffered financial detriment as a result of complying with a direction
under sub-section 18 (2), the Commission is entitled to be reimbursed by the
Commonwealth the amount that the Minister determines, by instrument in
writing, to be the amount of the financial detriment suffered by the
Commission during the period.
(2) The reference in sub-section (1) to the Commission suffering financial
detriment as a result of complying with a direction under sub-section 18 (2)
includes a reference to the Commission-
(a) suffering a loss in complying with such a direction;
(b) incurring costs, in complying with such a direction, that are greater
than the costs that the Commission would otherwise have incurred; or
(c) foregoing revenue, in complying with such a direction, that the
Commission would otherwise have received.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 19A
Charges for services
SECT
19A. (1) The rates of charges for any service provided by the Commission
shall be such as the Commission, subject to this section and to sub-sections
17 (1), 18 (3) and 29 (3), fixes for the service.
(2) The Commission shall, as soon as practicable after the commencement of
this section-
(a) determine, by instrument in writing, the principles in accordance with
which it proposes to fix rates of charges for prescribed services; and
(b) inform the Minister, by notice in writing, of the principles that it
has so determined.
(3) The Minister may, before the expiration of 60 days after receipt by him
of the notice referred to in paragraph (2) (b)-
(a) determine, by instrument in writing, the principles in accordance with
which the Commission is to fix rates of charges for a prescribed service or
for the prescribed services included in a class of prescribed services; and
(b) inform the Commission, by notice in writing, of the principles so
determined and the reasons for the determination.
(4) Where the Commission proposes to make an alteration to the principles in
accordance with which it fixes rates of charges for a prescribed service or
for the prescribed services included in a class of prescribed services, the
Commission shall inform the Minister, by notice in writing, of the proposed
alteration.
(5) Where the Minister receives a notice under sub-section (4) of a proposed
alteration to the principles in accordance with which the Commission fixes
rates of charges for a prescribed service or for the prescribed services
included in a class of prescribed services, the Minister may, before the
expiration of 60 days after receipt by him of the notice, by instrument in
writing-
(a) approve the proposed alteration to those principles;
(b) determine an alteration to those principles that is different from the
alteration proposed in the notice; or
(c) refuse to agree to any alteration to those principles,
and inform the Commission, by notice in writing, of the approval,
determination or refusal, as the case may be.
(6) If the Minister does not, before the expiration of 60 days after the
receipt by him of a notice under sub-section (4) proposing an alteration to
the principles in accordance with which the Commission fixes rates of charges
for a prescribed service or for the prescribed services included in a class of
prescribed services-
(a) approve the alteration proposed in the notice;
(b) determine an alteration to the principles that is different from the
alteration proposed in the notice; or
(c) refuse to agree to any alteration to the principles,
and inform the Commission as mentioned in sub-section (5), he shall be deemed
to have, at the expiration of that period, approved under sub-section (5) the
alteration proposed in the notice.
(7) The Commission shall not fix a rate of charge for a prescribed service
otherwise than-
(a) if the Commission has determined principles under sub-section (2) in
relation to the prescribed service, the Minister has not determined principles
under sub-section (3) in relation to the prescribed service and no alteration
to the principles determined by the Commission has been approved or determined
under sub-section (5) in relation to the prescribed service-in accordance with
the principles so determined by the Commission;
(b) if the Minister has determined principles under sub-section (3) in
relation to the prescribed service and no alteration to those principles has
been approved or determined under sub-section (5)-in accordance with the
principles so determined by the Minister; or
(c) if any principles are applicable in relation to the prescribed service
by virtue of a determination under sub-section (2) or (3) and an alteration
has or alterations have been approved or determined under sub-section (5) to
those principles-in accordance with those principles as so altered by the
alteration or alterations.
(8) A reference in this section to a prescribed service is a reference to a
service for the carriage of passengers or goods.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 19B
Corporate objectives, &c.
SECT
19B. (1) The Commission shall-
(a) develop objectives, strategies and policies for the purpose of ensuring
that it fulfils, on a long-term basis, its duties under this Act; and
(b) from time to time, review and revise the objectives, strategies and
policies that it has developed for that purpose.
(2) The Commission shall, in performing its functions and duties and
exercising its powers, have regard to the objectives, strategies and policies
developed by it under sub-section (1).
(3) The Commission shall, in accordance with sub-sections (4) and (5),
furnish written reports to the Minister concerning the objectives, strategies
and policies developed by it under sub-section (1).
(4) The first report under sub-section (3) shall be furnished to the
Minister before the expiration of the period of 12 months after the day on
which this section comes into operation.
(5) The Commission shall ensure that not more than 12 months elapse between
the furnishing to the Minister of a report under sub-section (3) and the
furnishing to the Minister of the next such report.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 20
Head office
SECT
20. The Commission shall establish its head office at such place as the
Minister, after receiving a recommendation from the Commission, determines.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - DIVISION 3
Division 3-Staff
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 21
Appointment of officers
SECT
21. (1) The Commission may appoint such officers as it thinks necessary for
the performance of its functions and duties and the exercise of its powers.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 22
Terms and conditions of employment
SECT
22. The terms and conditions of employment of officers appointed by the
Commission shall be such as are determined by the Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 23
Managing Director to be chief executive officer
SECT
23. The Managing Director shall be the chief executive officer of the
Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 24
Temporary and casual employees
SECT
24. The Commission may employ such temporary or casual employees as it
thinks fit, on such terms and conditions as the Commission determines.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 26
Preservation of certain awards, &c.
SECT
26. Nothing in this Act shall be deemed to prevent the making of an
industrial award, order, determination or agreement under any Act in relation
to persons appointed or employed under this Act or affect the operation of any
such award, order, determination or agreement in relation to persons so
appointed or employed.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 27
Application of certain Acts
SECT
27.
(2) The Seamen's Compensation Act 1911 applies in relation to seamen (within
the meaning of that Act) who are officers or employees of the Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - DIVISION 4
Division 4-Finances of the Commission
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 28
Capital of Commission
SECT
28. (1) The capital of the Commission at any time is an amount equal to the
sum of-
(a) $35,850,000; and
(b) such amounts as have been paid to the Commission by the Minister for
Finance out of moneys appropriated by the Parliament for the purpose of
providing further capital for the Commission,
less any amounts of capital that have been repaid to the Commonwealth by the
Commission.
(2) Interest is not payable to the Commonwealth on the capital of the
Commission, but the capital of the Commission is repayable to the Commonwealth
at such times, and in such amounts, as the Minister determines by instrument
in writing.
(3) In making a determination under sub-section (2), the Minister shall have
regard to any advice that the Commission has given to him in relation to its
financial affairs.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 29
Financial policy
SECT
29. (1) The Commission shall, not later than 60 days before the commencement
of each financial year-
(a) determine, by instrument in writing, that the financial target of the
Commission for the financial year is to be-
(i) a specified profit;
(ii) neither a profit nor a loss; or
(iii) a specified loss; and
(b) inform the Minister, by notice in writing, of the financial target that
it has determined for the financial year.
(2) The Minister may, before the expiration of the period of 60 days after
receipt by him of notice under sub-section (1) of the financial target that
the Commission has determined for the financial year-
(a) determine, by instrument in writing, a different financial target for
the financial year; and
(b) inform the Commission, by notice in writing, of the financial target
that he has determined for the financial year and the reasons for his
determination.
(3) Subject to sub-section 18 (3), the Commission shall pursue a policy in
the financial year directed at ensuring that it attains the financial target
for the financial year.
(4) Subject to sub-section (5), the Commission shall, whenever it considers
it necessary or desirable to do so during the financial year, review the
financial results of its operations during the part of the financial year that
has elapsed and, if on any such review it appears to the Commission that its
progress towards attaining the financial target for the financial year has not
been satisfactory, the Commission shall-
(a) forthwith consider what specific measures should be adopted by it in
order to ensure that it attains the financial target; and
(b) inform the Minister, by notice in writing, of the respects in which its
progress towards attaining the financial target has not been satisfactory, of
the measures it proposes to adopt in order to ensure that it attains the
financial target and of the effect that, in its opinion, the adoption of those
measures will have on the financial results of its operations for the
financial year.
(5) The Commission shall ensure that not more than 6 months elapse between-
(a) the commencement of the financial year and the commencement of the
first review under sub-section (4) in relation to the financial year; or
(b) the commencement of a review under sub-section (4) in relation to the
financial year and the commencement of the next such review.
(6) A reference in sub-section (3) or (4) to the financial target of the
Commission for the financial year is a reference to-
(a) the financial target determined by the Commission under sub-section (1)
for the financial year; or
(b) where the Minister has, under sub-section (2), determined a different
financial target for the financial year-the financial target so determined.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 29A
Payment of dividend to Commonwealth
SECT
29A. (1) Before the expiration of the period of 4 months after the end of
each financial year, the Commission shall, by notice in writing to the
Minister, recommend-
(a) that the Commission pay a dividend, of a specified amount, to the
Commonwealth for the financial year; or
(b) that the Commission not pay a dividend to the Commonwealth for the
financial year.
(2) In making its recommendation under sub-section (1), the Commission shall
have regard to-
(a) the need to ensure that the Commonwealth receives a reasonable return
on the capital of the Commission that was employed in the Commission's
operations in the financial year; and
(b) such other commercial matters as the Commission considers relevant.
(3) Before the expiration of the period of 60 days after receipt by him of
notice under sub-section (1) of the recommendation made by the Commission
under that sub-section in relation to the financial year, the Minister shall,
by notice in writing to the Commission-
(a) where the recommendation is that the Commission pay a dividend to the
Commonwealth for the financial year-
(i) approve the recommendation; or
(ii) direct the Commission to pay a dividend, of a different specified
amount, to the Commonwealth for the financial year; or
(b) where the recommendation is that the Commission not pay a dividend to
the Commonwealth for the financial year-
(i) approve the recommendation; or
(ii) direct the Commission to pay a dividend, of a specified amount, to
the Commonwealth for the financial year.
(4) Where the Minister gives the Commission a direction under sub-paragraph
(3)(a)(ii) or (b)(ii), he shall inform the Commission, by notice in writing,
of the reasons for the direction.
(5) Where-
(a) the Minister, under sub-paragraph (3)(a)(i), approves a recommendation
that the Commission pay a dividend, of a specified amount, to the Commonwealth
for the financial year; or
(b) the Minister, under sub-paragraph (3) (a) (ii) or (b) (ii), directs the
Commission to pay a dividend, of a specified amount, to the Commonwealth for
the financial year,
the Commission shall, before the expiration of the period of 8 months after
the end of the financial year or within such further time as the Minister
allows by instrument in writing, pay a dividend, of the specified amount, to
the Commonwealth.
(6) A payment by the Commission of a dividend to the Commonwealth may be
made-
(a) out of the profits of the Commission for the financial year to which
the dividend relates;
(b) out of the profits of the Commission for any preceding financial year;
or
(c) partly out of the profits of the Commission for the financial year to
which the dividend relates and partly out of the profits of the Commission for
any preceding financial year.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 30
Borrowings from Commonwealth
SECT
30. (1) The Minister for Finance may, on behalf of the Commonwealth, out of
moneys appropriated by the Parliament for the purpose, lend moneys to the
Commission on such terms and conditions as the Minister for Finance
determines.
(2) The terms and conditions of a loan referred to in sub-section (1) shall
be terms and conditions that are determined by the Minister for Finance to be
equivalent to the terms and conditions that would be applicable to a loan made
by a bank or other financial institution to a privately-owned shipping
undertaking in Australia.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 31
Borrowings otherwise than from Commonwealth
SECT
31. (1) The Commission may, with the approval of the Treasurer-
(a) borrow moneys otherwise than from the Commonwealth; or
(b) raise moneys otherwise than by borrowing,
on such terms and conditions as are specified in the approval.
(2) Without limiting the generality of sub-section (1), the Commission may,
under that sub-section, borrow moneys, or raise moneys otherwise than by
borrowing, by dealing with securities.
(3) A borrowing of moneys, or a raising of moneys otherwise than by
borrowing, under sub-section (1) may be made, in whole or in part, in a
currency other than Australian currency.
(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
(5) An approval under sub-section (1) shall be given by instrument in
writing.
(6) For the purposes of this section-
(a) the issue by the Commission of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of moneys; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course
of the day to day operations of the Commission shall be deemed to be a raising
by the Commission, otherwise than by borrowing, of an amount of moneys equal
to the amount of the moneys paid or deposited or the value of the credit
provided, as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation to
a transaction that is in the ordinary course of the day to day operations of
the Commission shall be deemed to be a raising by the Commission, otherwise
than by borrowing, of an amount of moneys equal to the value of the credit so
obtained.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 32
Guarantees
SECT
32. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Commission of moneys borrowed by
virtue of paragraph 31 (1) (a) and the payment by the Commission of interest
on moneys so borrowed; or
(b) guaranteeing the payment by the Commission of such moneys (including
any interest) that the Commission is liable to pay with respect to moneys
raised by virtue of paragraph 31 (1) (b) as are specified in the contract.
(2) The Treasurer may, by instrument in writing, determine-
(a) that the repayment by the Commission of moneys borrowed by virtue of
paragraph 31 (1) (a), and the payment by the Commission of interest on moneys
so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Commission of such moneys (including any
interest) that the Commission is liable to pay with respect to moneys raised
by virtue of paragraph 31 (1) (b) as are specified in the determination is
guaranteed by the Commonwealth,
and, where the Treasurer so determines, the repayment of those moneys and the
payment of that interest are, or the payment of those moneys is, by the force
of this sub-section, guaranteed by the Commonwealth.
(3) A contract may be entered into by virtue of sub-section (1), and a
determination may be made by virtue of sub-section (2), in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
(4) A contract entered into by virtue of sub-section (1) may include-
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court, of a
country other than Australia; or
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the
Commonwealth from suit in the courts, or a specified court, of a country other
than Australia in relation to any proceedings that may be taken under the
contract.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 32A
Commission may give security
SECT
32A. The Commission may give security over the whole or any part of its
assets for-
(a) the repayment by the Commission of moneys borrowed by virtue of
sub-section 30 (1) or paragraph 31 (1) (a) and the payment by the Commission
of interest on moneys so borrowed;
(b) the payment by the Commission of moneys (including any interest) that
the Commission is liable to pay with respect to moneys raised by virtue of
paragraph 31 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered into by
virtue of sub-section 32 (1) or a determination made by virtue of sub-section
32 (2).
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 32B
Borrowings not otherwise permitted
SECT
32B. The Commission shall not borrow moneys, or raise moneys otherwise than
by borrowing, except in accordance with sections 30 and 31.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 33
Profits of Commission
SECT
33. (1) For the purposes of this Act, the profits of the Commission for a
financial year are the amount (if any) remaining after deducting from the
revenue received or receivable in respect of that financial year the
expenditure and provision for expenditure properly chargeable against that
revenue.
(2) The profits of the Commission for a financial year shall be applied in
the first place in payment of the dividend (if any) payable under section 29A
for the financial year, and the balance (if any) shall be applied in such
manner as the Commission thinks fit.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 34
Application of moneys
SECT
34. The moneys of the Commission shall be applied only-
(a) in payment or discharge of the expenses, charges, obligations and
liabilities incurred or undertaken by the Commission in the performance of its
functions and duties and the exercise of its powers;
(b) in payment of the remuneration and allowances payable to persons
appointed or employed under this Act;
(c) in making payments to the Commonwealth as provided by this Act; and
(d) in making investments that the Commission is authorized to make under
section 63E of the Audit Act 1901 (as that section applies in relation to the
Commission by virtue of sub-section 35 (1) of this Act).
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 35
Application of Division 2 of Part XI of the Audit Act 1901
SECT
35. (1) It is hereby declared that the Commission is a public authority to
which Division 2 of Part XI of the Audit Act 1901 applies.
(2) The Commission shall, in each report prepared in pursuance of section
63H of the Audit Act 1901 (as that section applies in relation to the
Commission by virtue of sub-section (1))-
(a) include particulars of each direction given to it by the Minister under
sub-section 16 (2D) or 18 (2) that is applicable to the financial year to
which the report relates;
(b) deal specifically with the effect on the operations of the Commission
of each such direction under sub-section 18 (2);
(c) specify the financial target determined by the Commission under
sub-section 29 (1) for the financial year; and
(d) where the Minister has, under sub-section 29 (2), determined a
different financial target for the financial year-specify the financial target
determined by the Minister for the financial year and set out the reasons
given to it by the Minister for his determination.
(3) The Commission shall, in the financial statements prepared in respect of
each financial year in pursuance of section 63H of the Audit Act 1901 (as that
section applies in relation to the Commission by virtue of sub-section (1))
show separately the financial effect on the operations of the Commission of
each direction given to it by the Minister under sub-section 18 (2) that is
applicable to the financial year to which the financial statements relate.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 36
Liability of Commission to taxation
SECT
36. (1) Subject to sub-section (4), the Commission is subject to taxation
under the laws of the Commonwealth, the States and the Territories.
(2) The Commission is not a public authority for the purposes of paragraph
23 (d) of the Income Tax Assessment Act 1936.
(3) The Commission is not a public transport authority for the purposes of
item 77 in the First Schedule to the Sales Tax (Exemptions and
Classifications) Act 1935.
(4) Where the Treasurer so determines by notice published in the Gazette,
stamp duty, or any similar tax, is not payable by the Commission or any other
person under a law of the Commonwealth or of a State or Territory in respect
of-
(a) a security dealt with by the Commission;
(b) the issue, redemption, transfer, sale, purchase, resale, acquisition or
discounting of such a security by the Commission or any other person, not
including a transaction done without consideration or for an inadequate
consideration;
(c) any other transaction done for the purposes of a borrowing, or a
raising of moneys otherwise than by borrowing, by the Commission; or
(d) any other document executed by or on behalf of the Commission for the
purposes of a borrowing, or a raising of moneys otherwise than by borrowing,
by the Commission.
(5) The power conferred on the Treasurer by sub-section (4) to make a
determination extends to the making of a determination in respect of
securities included in a specified class or specified classes of securities
and in respect of documents or transactions included in a specified class or
specified classes of documents or transactions.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 37
Estimates
SECT
37. (1) The Commission shall-
(a) prepare estimates, in such form as the Minister directs, of its
receipts and expenditure for each financial year and, if the Minister so
directs, for any other period; and
(b) submit those estimates to the Minister not later than such date as the
Minister directs.
(2) A direction under sub-section (1) shall be given by instrument in
writing.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - PART IV
PART IV-MISCELLANEOUS
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 44
Reports to Minister
SECT
44. The Commission shall-
(a) from time to time inform the Minister concerning the general conduct of
its operations; and
(b) furnish to the Minister such information in relation to its operations
as the Minister requires.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 45
Application of certain Acts to Commission
SECT
45. (1) The Acts specified in the Schedule apply to and in relation to the
Commission in the same manner as they apply to and in relation to other
persons.
(2) Nothing in sub-section (1) affects the operation of any other Act or law
that is applicable to or in relation to the Commission.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 46
Recovery of fares or charges
SECT
46. If on demand a person fails to pay the fares or charges due to the
Commission in respect of a service rendered by the Commission, the Commission
may, without prejudice to its right to sue for and recover any part of the
fares or charges not recovered under this section, detain and sell all or any
of the goods of the person which are in its possession, and out of the moneys
arising from the sale retain the fares or charges so payable, and all charges
and expenses of the detention and sale, and shall render the surplus, if any,
of the moneys arising by the sale, and such of the goods as remain unsold, to
the person entitled to the surplus or to the goods, as the case may be.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 47
By-laws
SECT
47. (1) The Commission may make by-laws, not inconsistent with this Act or
the regulations, prescribing matters-
(a) required or permitted by this Act to be prescribed by the by-laws; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act,
and, in particular, making provision for, or with respect to-
(c) the terms and conditions governing the provision to, or use by, any
person of services provided by, or facilities owned or operated by, the
Commission;
(d) the protection and preservation of property of, or property in the
custody or under the control of, the Commission;
(e) the maintenance of safety and order on ships operated by the
Commission;
(f) the sale or other disposal of unclaimed goods in the possession of the
Commission and the disposal of the proceeds of any such sale;
(g) the prohibition of interference with-
(i) services provided by the Commission; and
(ii) property of, or property in the custody or under the control of,
the Commission; and
(h) prescribing penalties not exceeding a fine of $500 for breaches of the
by-laws.
(2) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in
relation to by-laws made under sub-section (1) as if, in those sections,
references to regulations were references to such by-laws, references to a
regulation were references to a by-law and references to a repeal were
references to a revocation.
(3) By-laws made under sub-section (1) shall be deemed not to be statutory
rules within the meaning of the Statutory Rules Publication Act 1903, but
sub-sections 5 (3) to (3C) (inclusive) of that Act apply in relation to such
by-laws in like manner as they apply in relation to statutory rules.
(4) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (3), the
reference in that first-mentioned sub-section to the Minister of State for
Administrative Services shall be read as a reference to the Minister
administering this Act.
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SECT 48
Regulations
SECT
48. The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters-
(a) required or permitted by this Act to be prescribed by the regulations;
or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act,
and, in particular, prescribing penalties not exceeding a fine of $500 for
offences against the regulations.
----------------
AUSTRALIAN SHIPPING COMMISSION ACT 1956 - SCHEDULE
SCH
SCHEDULE*2*
Section
45
ACTS APPLICABLE TO THE COMMISSION
Control of Naval Waters Act 1918.
Customs Act 1901.
Lighthouses Act 1911.
Migration Act 1958.
Navigation Act 1912.
Quarantine Act 1908.
Sea-Carriage of Goods Act 1924.
Stevedoring Industry Act 1956.
Stevedoring Industry Charge Act 1947.
Stevedoring Industry Charge Assessment Act 1947.
Wireless Telegraphy Act 1905-1950.
*2* The Schedule is amended by section 3 and the Schedule only of the
Radiocommunications (Transitional Provisions and Consequential Amendments) Act
1983. The provision of the Schedule applicable to the Australian Shipping
Commission Act 1956 provides as follows:
"Schedule-
Omit 'Wireless Telegraphy Act 1905-1950'."
Section 2 of the Radiocommunications (Transitional Provisions and
Consequential Amendments) Act 1983 provides as follows: "2. This Act shall
come into operation on the date fixed for the purposes of sub-section 2 (2) of
the Radiocommunications Act 1983."
As at 28 February 1985 no date had been fixed and the amendment is not
incorporated in this reprint.