EXPLANATORY STATEMENT
Statutory Rules 1985 No. 153
BOUNTY (SHIPS)(REGISTRATION) REGULATIONS
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Bounty (Ships) Amendment Act 1985 received Royal Assent on 6 June 1985. That Act amended the Bounty (Ships) Act 1980 (the Act) to, amongst other things, provide new provisions for the registration of premises of shipbuilders (section 10 of the Act) and to provide provisions for the registration of persons as prescribed shipbuilders (section 10A of the Act). A prescribed shipbuilder is a person who arranges, or proposes to arrange, for the whole of the construction or modification of bountiable vessels to be carried out on behalf of the person by other persons at premises in Australia.
The purpose of the proposed regulations is to prescribe conditions to be met by an applicant for the registration of premises or by an applicant for registration as a prescribed shipbuilder under the Act and to repeal the existing Bounty (Ships) Regulations.
The regulations effect this purpose as follows:
Regulation 1 provides for the regulations to be cited as the Bounty (Ships)(Registration) Regulations.
Regulation 2 provides for “the Act” to mean the Bounty (Ships) Act 1980.
Sub-regulation 3(1) provides for the purposes of sub-section 10(6) of the Act the conditions to be met by an applicant for the registration of premises.
Sub-regulation 3(2) provides for the purposes of paragraph 10(7)(b) of the Act that the Minister may in certain circumstances register premises under the Act even though the applicant complies with all but one of the registration conditions specified in sub-regulation 3(1).
Sub-regulation 4(1) provides for the purposes of sub-section 10A(6) of the Act the conditions to be met by an applicant for registration as a prescribed shipbuilder.
Sub-regulation 4(2) provides for the purposes of paragraph 10A(7)(b) of the Act that the Minister may in certain circumstances register an applicant as a prescribed shipbuilder under the Act even though the applicant complies with all but one of the registration conditions specified in sub-regulation 4(1).
Regulation 5 repeals the existing Bounty (Ships) Regulations as they are made redundant as a consequence of the operation of the Bounty (Ships) Amendment Act 1985.
Overview
The Bounty (Ships) Amendment Act 1985 was enacted to address the need for updated regulations regarding the registration of premises for shipbuilders and the registration of individuals as prescribed shipbuilders in the context of constructing or modifying vessels eligible for bounty. This Act was introduced to provide new provisions to better align with contemporary shipbuilding practices and regulatory requirements. The Act was passed by the Australian Parliament and received Royal Assent on 6 June 1985. The policy objective of this legislation was to streamline the registration process and ensure that those involved in the shipbuilding industry, particularly those constructing vessels eligible for bounty, comply with the necessary regulatory standards. The Bounty (Ships) (Registration) Regulations were subsequently introduced to implement these changes and to repeal the existing Bounty (Ships) Regulations, thereby ensuring that the registration framework is current and effective.
Scope and Application
The Bounty (Ships)(Registration) Regulations apply to individuals and entities seeking to register premises or be registered as prescribed shipbuilders under the Bounty (Ships) Act 1980, specifically those who arrange or propose to arrange for the construction or modification of eligible vessels in Australia. These regulations, which are issued under the authority of the Minister of State for Industry, Technology and Commerce, provide the conditions that applicants must meet for such registration. They extend to the entire Commonwealth of Australia, ensuring a uniform approach to the registration process across different states and territories. The regulations stipulate that the Act applies to those who intend to carry out shipbuilding activities in Australia, and the conditions for registration are set out to ensure compliance with the legislative intent. Any exclusions or exemptions from these conditions are limited to specific circumstances where the Minister may choose to register premises or individuals despite non-compliance with all registration conditions, as specified in the regulations. The application of these regulations is further extended or restricted by any subordinate instruments issued under the authority of the Minister.
Key Provisions
The Bounty (Ships) (Registration) Regulations, issued under the Bounty (Ships) Amendment Act 1985, detail the conditions for the registration of premises and the registration of individuals as prescribed shipbuilders. According to section 10 of the Bounty (Ships) Act 1980, as amended by the Bounty (Ships) Amendment Act 1985, an applicant seeking to register premises for ship construction or modification must meet specific conditions, which are outlined in sub-regulation 3(1). These conditions ensure that the premises are suitable for such activities, including meeting any necessary safety and environmental standards. Furthermore, sub-regulation 3(2) provides flexibility for the Minister to register premises even if one condition is not met, provided there are extenuating circumstances that justify such an exception. Similarly, section 10A of the Act outlines the conditions for registering individuals as prescribed shipbuilders, as detailed in sub-regulation 4(1). These conditions ensure that the individual has the requisite qualifications and resources to oversee the construction or modification of ships on behalf of others. Sub-regulation 4(2) also allows the Minister to register individuals under certain conditions, even if one of the specified conditions is not met, thereby offering a degree of discretion in specific cases.
The Act imposes several obligations and requirements on those seeking registration. For premises, applicants must provide detailed information and documentation demonstrating compliance with the specified conditions (sub-regulation 3(1)). This includes evidence of infrastructure, safety protocols, and environmental safeguards. For individuals seeking to be registered as prescribed shipbuilders, they must furnish detailed information about their qualifications, experience, and the facilities under their control (sub-regulation 4(1)). This ensures that only qualified and capable individuals are permitted to undertake ship construction or modification activities. The Act also mandates that applicants keep records and documentation readily available for inspection by the relevant authorities to ensure ongoing compliance.
Failure to comply with the conditions set forth in the Bounty (Ships) (Registration) Regulations can result in significant legal consequences. The Act does not explicitly state penalties for non-compliance within the provided text; however, breaches of regulatory conditions could potentially lead to deregistration, fines, or other enforcement actions under the relevant legislation. The Minister's discretion to register individuals or premises despite minor non-compliance highlights the importance of adhering to the conditions, as any deviation could result in stricter scrutiny or denial of registration. Additionally, ongoing non-compliance could lead to further legal action, including potential criminal charges, depending on the severity and impact of the breach.