Special Recreational Vessels Amendment

Current status

This bill became law on Jun 28th, 2023.

Policy area

Culture, sport & community

What does this bill do?

Foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. can keep using the special vessel law until 30 June 2025 instead of losing that option in 2023.

Why was it introduced?

COVID-19The pandemic that delayed shipping reform work and helped justify extending the superyacht scheme. disruptions and the late arrival of Strategic Fleet TaskforceThe government group whose advice was still pending when the bill was introduced, which helped cause the extension. advice left the 2019 superyacht charter law due to expire on 30 June 2023 before longer-term coastal tradingThe system of rules that controls commercial vessel trips between Australian ports and nearby waters. reforms were settled. This bill extends that law to 30 June 2025 so foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. can keep getting temporary charter licences in Australia while broader changes are finalised.

Broader context

Australia had already created a temporary 2019 law letting foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. opt into the coastal tradingThe system of rules that controls commercial vessel trips between Australian ports and nearby waters. system so they could run charter trips in Australian waters, but that law was due to expire on 30 June 2023 before longer-term shipping changes were settled. The 2023 bill responded by extending the scheme for another two years, keeping superyacht charters and their spending flowing to regional coastal businesses, and it became law on 28 June 2023 with the sunset pushed out to 30 June 2025.

Key criticism

The main criticism was that the bill keeps a tax-favoured charter regime for foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page., effectively extending a benefit for very wealthy yacht owners rather than serving ordinary tourism. That case appears to have been limited, raised in opposition by the Greens and echoed in a defeated Senate amendment calling for extra tax and wider sharing of benefits, while no major party represented in the debate opposed the bill.

Who supported it?

Kristy Mcbain MPA member of parliament; here it appears in the formal title of the minister quoted in the explanatory memorandum. introduced this bill. It passed on the voices.

Introduced in House 22 Mar 2023
Passed House 29 Mar 2023
Passed Senate 22 June 2023
Became law 28 June 2023

Did it become law?

Yes

Became law 28 June 2023

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

98 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. can keep using the special vessel law until 30 June 2025 instead of losing that option in 2023.

  2. Foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. can keep opting into Australia’s coastal tradingThe system of rules that controls commercial vessel trips between Australian ports and nearby waters. rules so they can get temporary licences to run charter trips in Australian waters.

  3. Regional Australian businesses keep access to spending from superyacht charters while the government works out a longer-term set of rules.

  4. The government gets an extra two years to finish advice and decisions on broader shipping law changes before replacing this temporary superyacht arrangement.

Show source excerpts
  1. Omit “2023”, substitute “2025”.
    Special Recreational Vessels Amendment Act 2023 final Act text
  2. The purpose of the Bill is to extend the repeal date in section 17 of the Special Recreational Vessels Act 2019 (SRV Act) from 30 June 2023 to 30 June 2025. Extending the repeal date will ensure that special recreational vessels (also known as superyachts) can continue to opt in to the coastal trading regulatory regime, established by the Coastal Trading (Revitalising Australian Shipping) Act 2012, and obtain temporary licenses to operate charters in Australia.
    Special Recreational Vessels Amendment explanatory memorandum
  3. The extension of the sunset provision in the SRV Act is needed to allow special recreational vessels to continue to operate charters in Australia until a longer-term solution is found. The ability to charter brings economic benefits into regional communities in Australia, supporting local industries and establishing Australia as a destination for these vessels.
    Special Recreational Vessels Amendment explanatory memorandum
  4. The Strategic Fleet Taskforce is expected to provide advice to Government on the regulatory framework for shipping (including coastal trading) as part of its work. This advice is not expected until June 2023. The extension of the SRV Act will provide sufficient time for the relevant advice from the Taskforce to be considered and any potential amendments of the Coastal Trading Act (including consideration of the SRV-related amendments) to be finalised.
    Special Recreational Vessels Amendment explanatory memorandum

Broader context for this bill

Australia had already created a temporary 2019 law letting foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. opt into the coastal tradingThe system of rules that controls commercial vessel trips between Australian ports and nearby waters. system so they could run charter trips in Australian waters, but that law was due to expire on 30 June 2023 before longer-term shipping changes were settled. The 2023 bill responded by extending the scheme for another two years, keeping superyacht charters and their spending flowing to regional coastal businesses, and it became law on 28 June 2023 with the sunset pushed out to 30 June 2025.

  1. 2019

    Australia creates a temporary superyacht charter scheme

    The Special Recreational Vessels Act 2019The 2019 law that lets foreign superyachts opt into Australia’s coastal trading system so they can run charter trips here. let foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. opt into coastal tradingThe system of rules that controls commercial vessel trips between Australian ports and nearby waters. rules so they could legally operate for hire or charter in Australian waters.

    Australian Parliament House ↗
  2. 22 Mar 2023

    Government moves to stop the scheme expiring in June 2023

    When the amendment bill was introduced, ministers said the 2019 scheme needed to be extended so foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. could keep operating under temporary licences and bringing money into regional communities.

    Hansard ↗
  3. 22 June 2023

    Parliament passes the bill

    Both houses agreed to the extension, clearing the way for the temporary charter arrangement to continue instead of ending on 30 June 2023.

    Parliamentary timeline ↗
  4. 28 June 2023

    Royal AssentThe final step that turns a bill into law after Parliament passes it. extends the superyacht scheme to 30 June 2025

    Royal AssentThe final step that turns a bill into law after Parliament passes it. turned the bill into law and formally pushed the repeal dateA rule that makes a law expire on a set date unless Parliament changes it first. of the special recreational vesselsThe legal name used for the foreign superyachts covered by this scheme on this page. legislation out by two years.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 22 Mar 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 22 Mar 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 28 Mar 2023

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 28 Mar 2023

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 28 Mar 2023

The bill reached this recorded parliamentary step.

Second reading debate

Second reading debate 29 Mar 2023

The bill reached this recorded parliamentary step.

Returned from Federation Chamber 29 Mar 2023

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House second reading agreed 29 Mar 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed 29 Mar 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 30 Mar 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 30 Mar 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Senate second reading agreed 22 June 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 22 June 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 22 June 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 28 June 2023

The Governor-General gave Royal AssentThe final step that turns a bill into law after Parliament passes it., turning the bill into an Act.

The main case against this bill

The main criticism was that the bill keeps a tax-favoured charter regime for foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page., effectively extending a benefit for very wealthy yacht owners rather than serving ordinary tourism. That case appears to have been limited, raised in opposition by the Greens and echoed in a defeated Senate amendment calling for extra tax and wider sharing of benefits, while no major party represented in the debate opposed the bill.

Criticism was real but narrow, and mostly focused on fairness rather than implementation.

Tax break for billionaire superyachts

Critics argued the bill prolongs a special arrangement that lets foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. avoid GSTThe tax critics said superyacht imports could avoid while the charter scheme continued. on importation while chartering in Australia, which they said amounts to a tax break for billionaire-owned vessels rather than a public-interest tourism measure.

Raised by Greens MP Elizabeth Watson-Brown Source ↗

Benefits not shared broadly enough

A separate criticism was that if superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. keep receiving special treatment, they should at least face extra mooring charges and deliver clearer benefits to the wider community, including First NationsAboriginal and Torres Strait Islander peoples, mentioned here as groups critics said should share more of the benefits. groups, instead of concentrating gains among wealthy operators and niche tourism businesses.

Raised by Independent Senator Lidia Thorpe, via a defeated Senate amendment Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

29 Mar 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

22 June 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

Senate

Defeated

Call for more tax on superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page.

Senator Thorpe’s proposal was defeated on voicesA quick parliamentary decision where members show agreement or disagreement out loud, without a formal counted vote.; it would have added a call for special recreational vesselsThe legal name used for the foreign superyachts covered by this scheme on this page. to pay extra tax for mooring and for their benefits to be shared more widely, including with First NationsAboriginal and Torres Strait Islander peoples, mentioned here as groups critics said should share more of the benefits. groups.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Superyacht tax call defeated

The Senate JournalThe official record that shows what happened to the amendment and the bill in the Senate. records the amendment outcome as defeated on voicesA quick parliamentary decision where members show agreement or disagreement out loud, without a formal counted vote.. The proposal related to extra tax and broader benefit-sharing for special recreational vesselsThe legal name used for the foreign superyachts covered by this scheme on this page..

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Kristy McBain

Australian Labor Party • MP 22 Mar 2023

Kristy McBain supports the bill, saying it will keep the superyacht licensing regime in place for two more years so the industry can keep operating while the government consults on a longer term solution.

Read in Hansard ↗
Lead opposing voice Opposes

Elizabeth Watson-Brown

Australian Greens • MP 28 Mar 2023

Watson-Brown opposes the bill, arguing it would keep tax breaks in place for billionaire-owned superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. instead of letting the Morrison-era policy expire.

Read in Hansard ↗
Lead supporting voice Supports

Michael McCormack

National Party • MP 28 Mar 2023

McCormack supports the bill and says it should pass because it keeps foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. operating in Australia, bringing tourism and work for local businesses and workers.

Read in Hansard ↗
Lead voice Supports

Anthony Chisholm

Australian Labor Party • Senator 30 Mar 2023

Anthony Chisholm supports the bill and says it should extend temporary licences for special recreational vesselsThe legal name used for the foreign superyachts covered by this scheme on this page. so superyacht charters can keep operating in Australia.

Read in Hansard ↗

All speeches by bloc

Labor

2 speakers · 3 contributions · 2 support

Coalition

3 speakers · 4 contributions · 3 support

  1. Bert Van Manen Bert Van Manen supports the bill and says it extends a successful coalition scheme that brings economic benefits from superyacht charter activity across coastal Australia.
    “So I'm pleased to see the government introducing this legislation. It again shows the opportunities we have in this country from new areas of business that we may not have always recognised. Seeing the government build on the good work of the coalition, I'm very pleased to support this bill. It's a tremendous economic windfall that will continue to benefit communities right up and down our coast and over to the west. As I said, I support this bill.”

    Liberal Party • MP • 28 Mar 2023

    Read the full speech in Hansard ↗
  2. David Littleproud David Littleproud says the coalition supports the bill because it extends a regime that lets foreign superyachtsThe legal name used for the foreign superyachts covered by this scheme on this page. operate and be chartered in Australia, which he argues brings jobs and economic benefits.
    “The federal coalition therefore supports the passage of this bill and commends it to the House.”

    National Party • MP • 28 Mar 2023

    Read the full speech in Hansard ↗

Greens

1 speaker · 1 oppose

Full record

Full chat