Ships (Capital Grants) Regulations (Amendment) 1993 No. 287
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 287
Issued by the authority of the Minister for Transport and Communications
Ships (Capital Grants) Act 1987
Ships (Capital Grants) Regulations (Amendment)
Section 42 of the Ships (Capital Grants) Act 1987 provides that the Governor-General may make Regulations for the purposes of the Act.
The purpose of the proposed amendment to the Regulations is to vary the existing category created for the ship SeaCat Tasmania to allow it to undertake a wider variety of voyages during the period 22 May 1992 and 30 November 1993, with a higher maximum crew level, than its category currently allows.
The Ships (Capital Grants) Act 1987 is intended to provide an incentive in the form of a taxable grant for the introduction of more efficient ships into the Australian shipping industry. To be eligible for, and retain, a grant a ship must comply with certain maximum crew levels specified in the Act which are prescribed according to the category of ship. The Act provides for Regulations to create categories where proposed ships, or voyages of ships that have been paid grants, do not fit existing categories set out in the Act or created by Regulation.
Regulation 1 provides the date of effect of the amendment to be 22 May 1992. The commencement date reflects an application for a variation to the SeaCat Tasmania's category certificate that was held over pending the outcome of an appeal to the Administrative Appeals Tribunal (AAT) by the operators of the ship on a decision of the Delegate of the Secretary to the Department of Transport and Communications rejecting an application that the ship be allowed to operate overseas with a crew not made up wholly of Australian residents from 22 May 1992. The AAT subsequently approved the use of non-resident crew.
This amendment is beneficial to the owners of the SeaCat Tasmania. In terms of subsection 48(2) of the Acts Interpretation Act 1901 no liability will be imposed on a person (other than the Commonwealth) in respect of anything done before the date of notification.
Regulation 2 provides that these Regulations amend the Ships (Capital Grants) Regulations.
Regulation 3 sets out the additional eligible voyages that the SeaCat Tasmania is able to undertake. This ensures that the voyages undertaken by the SeaCat Tasmania in the English Channel during the period 22 May 1992 and 30 November 1993 do not fall outside the ship's category certificate and the ship's operators will not, as a result, be liable to repay the grant as would have been required under the Act.
Regulation 4 prescribes that the maximum number of crew for the SeaCat Tasmania while it is undertaking voyages between places outside of Australia's territorial waters is to be 19.
Overview
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287 were enacted to address the specific circumstances surrounding the SeaCat Tasmania, allowing it to undertake a wider variety of voyages and accommodating a higher maximum crew level during the period from 22 May 1992 to 30 November 1993. This amendment was necessitated by an appeal to the Administrative Appeals Tribunal (AAT) concerning an earlier decision rejecting an application for the ship to operate overseas with a crew that was not exclusively made up of Australian residents. The AAT subsequently approved the use of non-resident crew, prompting the amendment to the existing category for the SeaCat Tasmania. The purpose of the amendment was to ensure compliance with the Ships (Capital Grants) Act 1987 and to prevent the ship's operators from being liable to repay the grant. These Regulations were issued under the authority of the Minister for Transport and Communications.
Scope and Application
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287, issued under the authority of the Minister for Transport and Communications, amends the existing regulations to address the specific needs of the ship SeaCat Tasmania, allowing it to undertake a broader range of voyages with a higher maximum crew level during the specified period. This amendment aims to ensure that the SeaCat Tasmania's operations, including those in the English Channel between 22 May 1992 and 30 November 1993, comply with the eligibility criteria for the grant provided under the Ships (Capital Grants) Act 1987. The Act, which incentivises the introduction of more efficient ships into the Australian shipping industry, mandates that ships receiving grants must adhere to certain maximum crew levels defined by their category. This amendment not only broadens the permissible voyages for SeaCat Tasmania but also raises the maximum crew number to 19 for voyages outside Australia's territorial waters, thereby preventing the ship's operators from facing liability to repay the grant. The amendment is effective from 22 May 1992, reflecting the outcome of an appeal to the Administrative Appeals Tribunal which approved the use of non-resident crew for the ship.
Key Provisions
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287 provides specific changes to the existing category of the ship SeaCat Tasmania. Regulation 1 sets the effective date of these amendments as 22 May 1992, aligning with a significant event in the administrative process of the ship’s category certification. Regulation 2 explicitly states that these Regulations amend the Ships (Capital Grants) Regulations, clarifying the scope of the changes. Regulation 3 then outlines the additional eligible voyages that the SeaCat Tasmania is permitted to undertake, ensuring that its operations in the English Channel between 22 May 1992 and 30 November 1993 comply with the grant requirements stipulated under the Act. Finally, Regulation 4 prescribes that the maximum crew number for the SeaCat Tasmania, when undertaking voyages outside Australia's territorial waters, is set at 19.
The Act imposes specific obligations and requirements on the ship SeaCat Tasmania and its operators to ensure compliance with the grant conditions. Under the amended Regulations, the ship's category now includes additional eligible voyages, and the maximum crew number is specified to avoid any breach of the grant terms. The ship’s operators must ensure that the crew levels do not exceed the prescribed number of 19 when operating outside Australia’s territorial waters. These obligations are essential to maintain the eligibility for the capital grants provided by the Act, and failure to comply could result in the requirement to repay the grant.
The Ships (Capital Grants) Act 1987 includes provisions for penalties and consequences in the event of non-compliance with the Act or the Regulations. Specifically, if the SeaCat Tasmania or its operators fail to adhere to the specified maximum crew levels or undertake voyages outside the prescribed categories, they may be required to repay the grant. Additionally, under subsection 48(2) of the Acts Interpretation Act 1901, no liability will be imposed on any person (other than the Commonwealth) in respect of anything done before the date of notification of the Regulations, thereby providing a safeguard against retrospective liability.