Federal Register of Legislation - Australian Government

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Act No. 40 of 1993 as amended, taking into account amendments up to Act No. 94 of 2008
An Act to impose contributions payable under the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993, so far as those contributions are neither duties of customs nor duties of excise
Administered by: Infrastructure and Transport
Registered 21 Oct 2008
Start Date 08 Jan 1995
End Date 12 Oct 2009

Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund—General) Act 1993

Act No. 40 of 1993 as amended

This compilation was prepared on 16 October 2008
taking into account amendments up to Act No. 94 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Application of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993          1

4............ Imposition of contributions................................................................ 1

5............ Act does not impose tax on property of a State................................ 1

Notes                                                                                                                                              3


An Act to impose contributions payable under the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993, so far as those contributions are neither duties of customs nor duties of excise

1  Short title [see Note 1]

                   This Act may be cited as the Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund‑General) Act 1993.

2  Commencement [see Note 1]

                   This Act commences, or is taken to have commenced, as the case requires, on the commencement of Chapter 1 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993.

3  Application of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993

                   Sections 4 and 5 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.

4  Imposition of contributions

             (1)  Contributions payable under the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 are imposed.

             (2)  This section imposes contributions only so far as those contributions are neither duties of customs nor duties of excise within the meaning of section 55 of the Constitution.

5  Act does not impose tax on property of a State

             (1)  This Act does not impose a tax on property of any kind belonging to a State.

             (2)  In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.


Notes to the Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund—General) Act 1993

Note 1

The Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund—General) Act 1993 as shown in this compilation comprises Act No. 40, 1993 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund—General) Act 1993

40, 1993

15 Oct 1993

8 Jan 1995 (see s. 2 and Gazette 1994, No. S462)

 

Protection of the Sea Legislation Amendment Act 2008

94, 2008

3 Oct 2008

Schedule 1 (items 11–15): [see (a) and Note 2]


(a)     Subsection 2(1) (item 2) of the Protection of the Sea Legislation Amendment Act 2008 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedule 1

A single day to be fixed by Proclamation.

A Proclamation must not specify a day that occurs before the day on which the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 enters into force for Australia.

However, if the provision(s) do not commence within the period of 6 months beginning on the day on which the Protocol enters into force for Australia, they commence on the first day after the end of that period.

If the provision(s) commence in this way, the Minister must announce by notice in the Gazette the day on which the Protocol enters into force for Australia.

The notice is not a legislative instrument.

[see Note 2]


Note 2

Protection of the Sea Legislation Amendment Act 2008 (No. 94, 2008)

The following amendments commence 6 months after the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 enters into force for Australia unless proclaimed before this 6 month period:

Schedule 1

11  Title

Omit “Fund”, substitute “Funds”.

12  Section 1

Omit “Fund‑”, substitute “Funds—”.

Note:       This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

13  Section 2

Omit “Fund”, substitute “Funds”.

14  Section 3

Omit “Fund”, substitute “Funds”.

Note:       The heading to section 3 is altered by omitting “Fund” and substituting “Funds”.

15  Subsection 4(1)

Omit “Fund”, substitute “Funds”.

As at 16 October 2008 the amendments are not incorporated in this compilation.