LIGHTHOUSES
No. 35 of 1942.
An Act to amend the Lighthouses Act 1911-1919.
[Assented to 12th June, 1942.]
[Date of commencement, 10th July, 1942.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Lighthouses Act 1942.
(2.) The Lighthouses Act 1911–1919 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Lighthouses Act 1911–1942.
Definitions.
2. Section three of the Principal Act is amended—
(a) by adding at the end of the definition of “Collector” the words “,or any person authorized by the Minister to collect light dues;”; and
(b) by adding at the end thereof the following definition:—
“‘Ship’ includes every description of vessel used in navigation not ordinarily propelled by oars only.”.
Administration.
3. Section four of the Principal Act is repealed.
4. Section eight of the Principal Act is repealed and the following section inserted in its stead:—
Powers of inspection and maintenance.
“8.—(1.) The Minister or any officer thereto authorized by the Minister may, at any reasonable time in the day or night—
(a) inspect any marine mark, lamp or light which, in his opinion, may affect the safety or convenience of navigation, whether the lamp or light is the property of a State or authority of a State or of any private person, and for that purpose may enter upon any property, whether of a public or private nature; and
(b) for any purpose in connexion with the maintenance of a lighthouse or marine mark which is the property of the Commonwealth or in connexion with the establishment of any lighthouse or marine mark by the Minister, transport, or cause to be transported, any goods through any property whether of a public or private nature.
“(2.) A person shall not hinder or obstruct the Minister or any authorized officer in exercising his powers under this section.
Penalty: Fifty pounds.”.
Light dues.
5. Section thirteen of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “or vessels”;
(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—
“(2.) The Regulations may prescribe the rates or scales of light dues to be payable in respect of ships, and may make provision for the refund or remission of light dues and for the exemption of any ship or ships included in a class of ships from payment of light dues”; and
(c) by omitting the proviso to sub-section (3.).
Overview
The Lighthouses Act 1942 was enacted to amend the existing Lighthouses Act 1911-1919, addressing gaps in the administration and regulation of maritime safety aids, specifically lighthouses and marine marks. The Act was assented to on 12th June 1942 and commenced on 10th July 1942. It was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, indicating its foundational importance in the legislative framework governing maritime safety. The primary objective of this Act was to enhance the administration of marine safety aids and the collection of light dues, ensuring that the regulation and maintenance of these critical navigational aids are efficiently managed to protect maritime navigation. The Act introduced amendments to definitions, administration processes, and inspection powers, while also clarifying the scope of light dues applicable to ships.
Scope and Application
The Lighthouses Act 1942 amends the Lighthouses Act 1911-1919 to enhance the administration and regulation of lighthouses and marine marks within Australian waters. This Act applies to the Commonwealth, extending its jurisdictional reach to any marine mark, lamp, or light used in navigation, whether owned by a state, authority, or private individual. The Act authorises the Minister or designated officers to inspect and maintain these maritime aids, allowing them to enter both public and private properties at any reasonable time. Additionally, the Act establishes penalties for obstructing authorised personnel during inspections or maintenance activities. The Act also modifies the collection of light dues, removing vessels from the scope of dues and allowing regulations to set rates for ships, provide for refunds or remissions, and exempt certain ships from payment. Notably, the Act does not explicitly state any exclusions, exemptions, or thresholds, though these may be defined in subordinate regulations.
Key Provisions
The main operative sections of the Lighthouses Act 1942, as amended, include several significant provisions. Section 2 amends the definition of "Collector" in the Principal Act, expanding it to include any person authorised by the Minister to collect light dues, and also introduces a new definition for "Ship" that encompasses all vessels used in navigation not propelled solely by oars. Section 3 repeals Section four of the Principal Act, while Section 4 repeals Section eight and replaces it with a new provision concerning the powers of inspection and maintenance. This section allows the Minister or an authorised officer to inspect any marine mark, lamp, or light that may affect navigation safety, enter any property for this purpose, and transport goods for lighthouse maintenance or establishment purposes. It also includes a prohibition against hindering or obstructing these inspections, with a penalty of fifty pounds for breaches.
The Lighthouses Act 1942 imposes several obligations on parties and entities governed by the Act. Firstly, it mandates that any marine mark, lamp, or light that may affect navigation safety must be subject to inspection by the Minister or an authorised officer, regardless of ownership. This inspection right extends to entering any property, whether public or private. Secondly, it requires that any person authorised by the Minister to collect light dues must adhere to the regulations and procedures outlined in the Act. Additionally, the Act places a responsibility on ship owners to comply with light dues regulations, including the payment of prescribed rates or scales, unless exempted by regulation.
The Act also delineates offences and penalties for breaches of its provisions. Section 8(2) states that any person who hinders or obstructs the Minister or an authorised officer in exercising their inspection and maintenance powers is subject to a penalty of fifty pounds. This penalty serves as a deterrent to any actions that could impede the efficient operation of lighthouses and marine marks, thereby ensuring the safety and convenience of navigation. The Act does not explicitly state other penalties for other breaches, but it is reasonable to infer that non-compliance with other provisions could lead to legal consequences under the relevant sections of the Act.