EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 407
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
CONTROL OF NAVAL WATERS REGULATIONS (AMENDMENT)
The Control of Naval Waters Act 1918 (-the Act), together with the Control of Naval Waters Regulations (“the Regulations”), provides a legislative scheme for the control of activities in declared naval waters which could prejudice naval operations or endanger members of the public.
The Regulations, made under the Act, prescribe various matters relating to the control of naval waters.
Regulation 5 of the Regulations, which was inserted by Statutory Rules 1990 No. 206, empowers a superintendent of naval waters to cause persons who have contravened the Regulations to be removed from naval waters or the foreshore of naval waters.
The Senate Standing Committee on Regulations and Ordinances expressed concern that regulation 5 would place a superintendent of naval waters in the position of judging whether an offence has been committed under the Regulations.
To meet that concern, the Statutory Rule amends regulation 5 to ensure that the power of removal is explicitly tied to situations where persons are in contravention of a notice under the Regulations.
The Statutory Rule makes the necessary amendment by inserting the words “a notice under” into paragraphs 5(a) and (b) of the Regulations.
The Statutory Rule comes into operation on the date of gazettal.