2002: Conference Proceedings
Articles

Shortcomings of Federal Maritime Legislation

Published 2002-10-02

Keywords

  • Australian shipping industry,
  • government regulation,
  • Migration Act 1958 (Cth),
  • Navigation Act 1912,
  • Income Tax Assessment Act 1936 (Cth),
  • competition,
  • carriage of goods by sea,
  • Australian flag vessels,
  • ship licensing,
  • port State control,
  • globalisation,
  • flag of convenience,
  • fiscal assistance,
  • labour costs,
  • maritime state aid,
  • special purpose visas,
  • foreign flag ship,
  • The 'CSL Yarra'
  • ...More
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Abstract

This paper was presented as part of Business Session 3, on the topic of 'Issues From the CSL Yarra Case', which was chaired by Robert Tuck. The second page of the paper contains a short biography of the author.

In this paper, Byrne deals with three major areas of Commonwealth legislation that impact on the Australian maritime industry and that have major shortcomings. Those are the Navigation Act, the Migration Act, and the Income Tax Assessment Act. Byrne argues that, when taken together, these pieces of legislation (as well as regulations made pursuant to them and the interpretations applied by the courts) tilt the playing field well and truly against the Australian shipping industry and Australian seafarers. Unless there is a change in policy leading to legislative change by the Federal Government, Australian flag shipping will continue to stagnate and decline.