Navigation (Marine Casualty) Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4621

Navigation (Marine Casualty) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Navigation Act 1912.

Dated 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Minister of State for Shipping and Aviation Support

 

1. Amendment

1.1 The Navigation (Marine Casualty) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2. Regulation 3 (Interpretation)

2.1 Subregulation 3 (1):

Insert the following definition:

“‘record’ includes any book, accounting record or other document;”.

3. Regulation 14 (Summonses)

3.1 Subregulation 14 (4):

Omit the subregulation.

4 Regulation 28 (Summonses)

4.1 Subregulation 28 (5):

Omit the subregulation.

5. Regulation 33 (Offences)

5.1 After subregulation 33(1), insert:

“(1a) For the purposes of paragraph (1) (c) self-incrimination or fear of self-incrimination is not a reasonable excuse.”.

6. New regulation 33a

6.1 After regulation 33, insert:

Limitation on self-incrimination

“33a. (1) A person who is required under these Regulations to answer a question or produce a record is not excused from answering the question or producing the record on the ground that the answer to the question or the production of the record might tend to incriminate the person or make the person liable to a penalty.

“(2) The answer to the question or production of the record, or any information obtained as a direct or indirect consequence of the answer or production is not admissible in evidence against the person in any criminal proceedings except proceedings arising under regulation 33.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1990 No. 257.