This bill became law on Dec 5th, 2022.
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Ships carrying cargoes that leave oily surface slicks, such as some vegetable oils, now have to follow tighter tank cleaning, prewash and discharge rules before residues or wash water can be released in named northern European waters.
New international ship-pollution rules left Australia’s law out of step, including 2021 controls on floating cargo residues, the Arctic heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. ban and the 2023 cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. ban. This bill updates Australian law to enforce those rules, penalise breaches and align marine order wording across the Acts.
Australia already enforced marine pollution rules through the Protection of the Sea Acts, but new International Maritime Organization changes left domestic law behind on floating cargo residues, heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. in Arctic waters and cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. in anti-fouling coatings. The bill updated Australian law so those international standards could be enforced locally, passed in late 2022 before the cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. controls began on 1 January 2023, and set up later penalties for Australian ships using or carrying heavy grade oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. as fuel in Arctic waters from 1 July 2024.
No significant public case against the bill is recorded so far, with debate framing it as a technical update to match international marine pollution rules rather than a disputed policy change. Speakers across government and opposition backed it, and any reservations were limited to a general caution that international obligations should be implemented carefully rather than recklessly.
Senator Anthony Chisholm introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 05 Dec 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
68 days
From introduction to the latest recorded parliamentary step
Meaning
Ships carrying cargoes that leave oily surface slicks, such as some vegetable oils, now have to follow tighter tank cleaning, prewash and discharge rules before residues or wash water can be released in named northern European waters.
Australian ship owners and masters can be penalised for using or carrying heavy grade oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. as fuel in Arctic waters from 1 July 2024, or from 1 July 2029 for ships with protected fuel tanks.
Ships cannot apply or reapply anti-fouling coatings containing cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. from 1 January 2023, and ships already coated must remove it or seal it by their next scheduled renewal or within 60 months.
The law now uses the name Marine OrdersLegal instruments made by the Australian Maritime Safety Authority; Schedule 4 updates both affected Acts to use this name consistently. across both maritime pollution Acts, matching the wording already used in other Australian shipping laws.
The Bill will introduce controls in the POTS Act for the discharge of residues and wash water of noxious liquid substances that are persistent floaters. Ships will be required to meet new cargo tank cleaning, prewash and discharge procedures for persistent floaters as specified in Appendix IV (Standard format for the Procedures and Arrangements Manual) and Appendix VI (Prewash procedures) to MARPOL Annex II.Maritime Legislation Amendment explanatory memorandum
If HGO is used, or carried for use as fuel, on an Australian ship in Arctic waters contrary to the prohibition, subsection 10AA(1) provides that the master or owner engaged in such conduct commits an ordinary offence with a maximum penalty of 2,000 penalty units from 1 July 2024 for a ship without fuel tank protection, and from 1 July 2029 for a ship with fuel tank protection. Subsection 10AA(2) further provides that the master or owner engaged in such conduct commits a strict liability offence with a maximum penalty of 500 penalty units.Maritime Legislation Amendment explanatory memorandum
From 1 January 2023, all ships cannot apply or re-apply anti-fouling systems containing cybutryne. Ships with existing cybutryne coatings on 1 January 2023 are required to remove the system, or apply a coating to prevent leaching of the chemical to the environment, by the next scheduled renewal of their anti-fouling system, and no later than 60 months from the last anti-fouling system application. These transitional arrangements do not apply to anti-fouling systems containing cybutryne on fixed and floating platforms, floating storage units or floating production, storage and off-loading vessels constructed prior to 1 January 2023 and have not been in dry-dock on or after that date. The transitional arrangements also do not apply to ships engaged in international voyages.Maritime Legislation Amendment explanatory memorandum
The Australian Maritime Safety Authority may make Marine Orders under both Acts. This whole Schedule has the effect of replacing occurrences of ‘orders’ with ‘Marine Orders’ in both Acts to be consistent with the mention of ‘Marine Orders’ in the Navigation Act 2012 and Marine Safety (Domestic Commercial Vessel) National Law. A new definition is added for ‘Marine Order’ in both Acts with consequential minor text changes to accommodate the new reference to ‘Marine Orders’.Maritime Legislation Amendment explanatory memorandum
Context
Australia already enforced marine pollution rules through the Protection of the Sea Acts, but new International Maritime Organization changes left domestic law behind on floating cargo residues, heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. in Arctic waters and cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. in anti-fouling coatings. The bill updated Australian law so those international standards could be enforced locally, passed in late 2022 before the cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. controls began on 1 January 2023, and set up later penalties for Australian ships using or carrying heavy grade oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. as fuel in Arctic waters from 1 July 2024.
Government introduces the bill to update pollution laws
The bill was introduced to bring Australian law into line with new international rules on persistent floatersNoxious liquid substances that can form surface slicks on water, including selected vegetable oils or paraffin-like substances, and are subject to tighter tank-cleaning and discharge rules in named northern European waters., Arctic heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. and cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. in anti-fouling systems.
Parliamentary timeline ↗Arctic heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. ban enters force internationally
MARPOLThe international ship-pollution convention that this bill implements in Australian law for persistent floater discharges and heavy fuel oil in Arctic waters. Annex I amendments entered into force to prohibit ships from using or carrying heavy fuel oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. for use in Arctic waters from 1 July 2024, with a later 1 July 2029 start for ships with protected fuel tanks.
Maritime Legislation Amendment explanatory memorandum ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for Australia to enforce the new international shipping pollution standards domestically.
Parliamentary timeline ↗Royal Assent turns the bill into law
Royal Assent brought the Act into force, with the floating cargo residue and Marine OrdersLegal instruments made by the Australian Maritime Safety Authority; Schedule 4 updates both affected Acts to use this name consistently. changes starting the next day and other schedules tied to later international start dates.
Parliamentary timeline ↗CybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023. ban starts for ship anti-fouling systems
From this date, international anti-fouling controls extended to cybutryneA chemical biocide used in some anti-fouling systems that the explanatory memorandum says is toxic to marine organisms, accumulates in sediments and is newly controlled from 1 January 2023., so ships could not apply or reapply coatings containing the chemical and existing coatings had to be removed or sealed on the treaty timetable.
Maritime Legislation Amendment explanatory memorandum ↗Arctic fuel penalties begin for Australian ships
From this date, Australian ship owners and masters became liable to penalties if their ships used or carried heavy grade oilThe POTS Act term for heavy fuel oil; the bill prohibits Australian ships using it, or carrying it for use as fuel, in Arctic waters from the relevant commencement dates. for use as fuel in Arctic waters unless the later protected-tank start date applied.
Maritime Legislation Amendment explanatory memorandum ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
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
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
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
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
No significant public case against the bill is recorded so far, with debate framing it as a technical update to match international marine pollution rules rather than a disputed policy change. Speakers across government and opposition backed it, and any reservations were limited to a general caution that international obligations should be implemented carefully rather than recklessly.
No party represented in the debate opposed the bill.
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
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.
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.
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.
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.
Parliamentary debate
Start here — lead voices
Chisholm supports the Maritime Legislation Amendment Bill 2022 and says it will update Australia’s maritime laws to match international pollution rules, ban harmful fuel and antifouling practices, and better protect the marine environment without significant industry impact.
Read in Hansard ↗Cadell says the Nationals will support the bill because it strengthens international maritime rules and environmental protections, especially against pollution and harmful chemicals.
Read in Hansard ↗Matt Burnell supports the bill, saying it is important because it updates Australia’s maritime laws to meet international obligations and strengthen protections for the marine environment.
Read in Hansard ↗Ms King supports the bill, saying it updates Australia’s maritime pollution laws to match international conventions and strengthen protections for the marine environment.
Read in Hansard ↗All speeches by bloc
4 speakers · 5 contributions · 4 support
“I rise today to give my support to the Maritime Legislation Amendment Bill 2022, after receiving it from the other place.”Read the full speech in Hansard ↗
“The Australian Government is committed to protecting our maritime environment from ship pollution.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Catherine King on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Ms King supports the bill, saying it updates Australia’s maritime pollution laws to match international conventions and strengthen protections for the marine environment. She argues the changes will bring cleaner oceans without significant cost to industry.
“The Australian government is committed to protecting our maritime environment from ship pollution.”Read this contribution in Hansard ↗
Second reading speech
Ms King supports the bill, saying it updates Australia's maritime laws to match the latest international convention changes and strengthen marine environmental protections. She says it will reduce ship pollution and keep the regulatory framework up to date and fit for purpose.
“The Australian government is committed to best-practice maritime environmental protection. This bill will bring Australia's maritime legislation in line with the latest globally agreed amendments to international maritime conventions that Australia is a party to. The bill will: further strengthen our marine environment protections by introducing, as I said before, provisions to control the discharge of noxious liquid substances known as persistent floaters in certain European waters that come into force on 1 January 2021; extend the current ban on the use of heavy fuel oil by ships in the Antarctic to encompass Arctic waters from 1 July 2024; and ban the use of ship antifouling systems containing the toxic chemical biocide cybutryne from 1 January 2023.”Read this contribution in Hansard ↗
“The Australian government is committed to best practice maritime environmental protection, and the Maritime Legislation Amendment Bill 2022 will bring Australia's maritime legislation in line with the latest globally agreed amendments to international maritime conventions that Australia is party to.”Read the full speech in Hansard ↗
4 speakers · 4 support
“This bill and everything going through doesn't apply to shipping in Australia, as it stands, but it will one day. That is why it is a good thing to support and why I am proud to be speaking in support of it. While we're talking about the environment and sea levels, workers shouldn't be subject to these chemicals and the antifouling that can cause such bad things. We've seen what happens with PFAS on Australian land and around the world. This is a slight derivation of those chemicals, and we shouldn't have people, down slushy holes, working on that.”Read the full speech in Hansard ↗
“Our own Joint Standing Committee on Treaties has also considered the amendments to MARPOL relating to the cargo residues and tank-washing of persistent floating products, the prohibition of the use and carriage of HFOs in arctic water, and the HAFS convention relating to the control of cybutryne. Our treaty committee supported the amendments and agreed that binding action could be taken. We in the opposition, as is the deputy chair of the treaties committee, are supportive of their advice to the Senate around this piece of legislation. The opposition will be supporting the government's bill.”Read the full speech in Hansard ↗
“The Joint Standing Committee on Treaties has also considered the amendments to MARPOL relating to the cargo residues and tank washing of persistent floating products, to the prohibition on the use and carriage of HFO in Arctic waters and to the HAFS convention relating to the controls of cybutryne. The committee supported the amendments and agreed that binding treaty action could be taken. As such, the opposition will be supporting this bill.”Read the full speech in Hansard ↗
“I look forward to seeing this bill being enacted. I believe that it will be supported by the opposition. We look forward to voting for the bill when we have the opportunity.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
