Shipping and Trade (75)

The Australian Border Force (ABF) has recently signalled a crackdown on the illegal importation of asbestos through the issue of Notice No 2016/30, which sets out revised procedures for customs brokers to follow in order to show that Australia's prohibition on the importation of products containing asbestos is being observed.

The Biosecurity Amendment (Ballast Water and Other Measures) Bill 2017 (Ballast Water Bill) was introduced on 15 February 2017 by Mr Barnaby Joyce, Minister for Agriculture and Water Resources. The Ballast Water Bill is intended to strengthen Australia's biosecurity system and implement the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention).

In January this year we reported to you on the first instance Judgment in Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds (Nautilus Marine).  The Federal Court found in favour of Pantaenius at first instance and the matter was appealed to the Full Federal Court.

The Maritime Legislation Amendment Act 2015 received Royal assent on 11 December 2015. Schedule 1 commenced on 8 January 2016 and Schedule 2 will commence on 1 March 2016

The recent Federal Court Judgment in Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1 serves as a good reminder of the breath and application of Section 54 of the Insurance Contracts Act 1984(Cth)(ICA).

More Punishment for Polluters

Thursday, 10 December 2015

The Penalty unit values at Federal level and across a number of the Australian States have increased in 2015. The result is higher fines for pollution and other marine offences.

Cruise operators and those in the leisure industry take note of the recent judgment of the Supreme Court of Queensland Court of Appeal in J Philip Packer v Tall Ships Sailing Cruises Australia Pty Limited (2014) QSC 212.

On 20 May 2015 the Limitation of Liability for Maritime Claims Amendment Act 2015 received Royal Assent, with the effect that from 8 June 2015, maritime limitation levels for Australian ship operators and salvors for maritime claims relating to ship-source damage will increase by about 51%1.

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