Navigation (Orders) Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4291

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Navigation (Orders) 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,

BOB COLLINS

Minister of State for Shipping and Aviation Support

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1. Amendment

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

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

 

2. Regulation 2 (Interpretation)

2.1 Definition of “Secretary”:

Omit the definition.

3. Regulation 3 (Minister may make orders)

3.1 Omit the regulation.

4. Regulation 4 (Reconsideration of decisions made under orders)

4.1 Subregulation 3a (1) (definition of “initial decision”):

Omit the definition, substitute:

“‘initial decision’ means a decision made by an officer under an order made in relation to the issue, recall, surrender or replacement, or the form or recording, of a certificate referred to in paragraph 15 (2) (a) of the Act, other than a decision to which subsection 43 (6) of the Administrative Appeals Tribunal Act 1975 applies;”.

4.2 Subregulation 3a (1) (definition of “officer”):

Omit the definition, substitute:

“‘officer’ means an officer of the Authority.”.

4.3 Subregulations 3a (2), (3), (4), (6) and (10):

Omit “Secretary” (wherever occurring), substitute “Authority”.

5. Regulation 4 (Offences)

5.1 Omit all the words from the beginning of the regulation to and including “is guilty”, substitute:

“A person who contravenes a provision of an order made under subsection 425 (1aa) of the Act that is expressed to be a penal provision is guilty”.

6. Regulation 5 (Minister may grant exemptions)

6.1 Omit the regulation, substitute:

Uniform Shipping Laws Code—exemptions

“5. If an order makes provision in relation to a matter by applying, adopting or incorporating a provision of the Uniform Shipping Laws Code that has effect by virtue of an order under subsection 427 (2) of the Act, the Authority may exempt:

(a) in writing; and

(b) conditionally or unconditionally;

a ship, or a class of ships, from the application of the provision of the Code.”.

NOTES

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

2. Statutory Rules 1980 No. 135 as amended by 1980 No. 345; 1981 Nos. 3, 379 and 380; 1982 Nos. 180 and 399; 1983 No. 156; 1985 No, 28; 1986 Nos. 335, 336, 387 and 400; 1990 No. 107; 1991 No. 335.