EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 204
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Lighthouses Act 1911
Lighthouses Amendment Regulations 2009 (No. 1)
Section 20 of the Lighthouses Act 1911 (the Act) provides that the Governor-General may make regulations, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Regulation 4 of the Lighthouses Regulations 1990 prescribes officers for the purposes of section 19B of the Act. Section 19B of the Act requires a person who, or master of a ship which, damages a marine navigational aid, the property of the Australian Maritime Safety Authority (AMSA), to report the damage to a prescribed officer (being an officer of AMSA), as soon as practicable.
The amending Regulations amended regulation 4 to replace the reference to “Maintenance Operations Manager” with a reference to “Maintenance and Capital Program Manager”. This change reflects a change in position titles within AMSA.
The amending Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to this amendment as it is of a minor or machinery nature and does not substantially alter existing arrangements.
The amending Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Lighthouses Amendment Regulations 2009 (No. 1) were enacted under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government to address the need for updating references to specific position titles within the Australian Maritime Safety Authority (AMSA) that are relevant to the reporting of damage to marine navigational aids. This amendment to the existing Lighthouses Regulations 1990, made under the Lighthouses Act 1911, was necessary to ensure that the regulatory framework remains current and accurately reflects the organisational structure of AMSA. By replacing the outdated title "Maintenance Operations Manager" with "Maintenance and Capital Program Manager" in regulation 4, the Regulations maintain the integrity of the reporting process mandated by section 19B of the Act, which requires individuals or ship masters who damage a marine navigational aid to report the incident to a prescribed AMSA officer as soon as practicable. The changes were made with the intent of ensuring seamless operation and compliance with maritime safety protocols.
Scope and Application
The Lighthouses Amendment Regulations 2009 (No. 1) pertain to the administration and enforcement of the Lighthouses Act 1911, specifically targeting the procedures for reporting damage to marine navigational aids, which are the property of the Australian Maritime Safety Authority (AMSA). The regulations are applicable to any person or master of a ship who damages a marine navigational aid, requiring them to report such damage to a specified officer of AMSA. The Regulations update the position title from "Maintenance Operations Manager" to "Maintenance and Capital Program Manager" to reflect current organisational changes within AMSA. These regulations apply on a national level across Australia, as they are subordinate instruments of an Act that is in force across the Commonwealth. There are no stated exclusions or exemptions within these particular Regulations, and they do not extend or restrict the application of the Act beyond what is outlined in the primary legislation. The Regulations are a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Lighthouses Amendment Regulations 2009 (No. 1) amend the Lighthouses Regulations 1990 to reflect changes in the title of certain positions within the Australian Maritime Safety Authority (AMSA). Specifically, Regulation 4 is amended to replace the reference to “Maintenance Operations Manager” with “Maintenance and Capital Program Manager” (Regulation 4). This change ensures that the correct AMSA officer is notified when a marine navigational aid, which is property of AMSA, is damaged by a person or the master of a ship (Section 19B, Lighthouses Act 1911).
The Lighthouses Amendment Regulations 2009 (No. 1) impose obligations on individuals and masters of ships to report any damage to marine navigational aids to the prescribed AMSA officer as soon as practicable. This obligation is a requirement under Section 19B of the Lighthouses Act 1911, which mandates reporting to a specified officer. By amending Regulation 4 to reflect the current position titles within AMSA, the Regulations ensure that the correct officer is notified, thereby facilitating prompt and appropriate action in response to any damage.
The Lighthouses Amendment Regulations 2009 (No. 1) do not introduce new offences or penalties. However, failure to comply with the obligation to report damage to a marine navigational aid, as prescribed under Section 19B of the Lighthouses Act 1911, may result in enforcement actions under the Act. The Lighthouses Act 1911 provides for various enforcement measures, including fines, which could be imposed in the event of non-compliance. While the amending Regulations themselves do not specify penalties, the underlying Act allows for such consequences to ensure adherence to the legislative requirements.