Navigation Act 1912-1953 - Order under section 7 - Exemption of Trade with Cocos (Keeling) Islands (28/06/1956)

Overview

The Navigation Act 1912-1953 was enacted by the Commonwealth of Australia to regulate maritime trade and ensure that certain activities do not constitute engaging in the coasting trade. The Act was amended to provide the Governor-General with the authority to exempt specific trades from being deemed part of the coasting trade. The 1956 legislative instrument, F2006B00475, is an order under section 7 of this Act, which was introduced to address the need to exempt the carrying of passengers and cargo between the Cocos (Keeling) Islands and Australian ports from being considered engaging in the coasting trade. The instrument was issued by the Governor-General, Sir William Joseph Slim, with the advice of the Federal Executive Council, and it aims to ensure that such trade does not fall under the restrictions of the coasting trade during the period the order is in force.

Scope and Application

The Navigation Act 1912-1953, as supplemented by this legislative instrument, provides a specific exemption relating to the carriage of passengers or cargo between Cocos (Keeling) Islands and other Australian ports or ports in any other territory under the Commonwealth's authority. The Act allows the Governor-General to declare certain activities that do not engage in the coasting trade, and this Order under section 7 aims to exempt the transportation services between Cocos (Keeling) Islands and other designated ports from being considered part of the coasting trade. This exemption is intended to apply during the period for which the Order remains in force. The scope of the Order is limited to the specific geographic locations of Cocos (Keeling) Islands and other Australian or Commonwealth territories' ports, and it does not extend to any other areas outside this defined scope. This Order represents an extension of the Act's provisions through subordinate legislation, clarifying the specific circumstances under which the coasting trade provisions do not apply.

Key Provisions

The Navigation Act 1912-1953 provides a framework for regulating maritime activities within Australia, including the coasting trade, which refers to the transportation of passengers and cargo between Australian ports. Section 7 of this Act allows the Governor-General to issue orders exempting certain maritime activities from being classified as engaging in the coasting trade. The legislative instrument in question, F2006B00475, is an order under Section 7 of the Navigation Act 1912-1953, specifically aimed at exempting trade with Cocos (Keeling) Islands from the coasting trade regulations (Section 7). This order was issued by Sir William Joseph Slim, the Governor-General at the time, on the advice of the Federal Executive Council, declaring that the transportation of passengers and cargo between Cocos (Keeling) Islands and Australian ports, or other Commonwealth territories, will not be considered engaging in the coasting trade during the period the order is in force. The obligations and requirements imposed by this legislative instrument pertain to the exemption of specific maritime activities from coasting trade regulations. The order explicitly excludes the transportation of passengers and cargo between Cocos (Keeling) Islands and Australian ports, or other Commonwealth territories, from being classified as engaging in the coasting trade. This means that any vessel engaged in such activities will not need to comply with the coasting trade provisions of the Navigation Act 1912-1953. The primary requirement is for the relevant parties to ensure that their maritime activities are conducted in accordance with the exemptions provided by this order, thereby avoiding any implications under the coasting trade regulations. The legislative instrument does not explicitly outline specific offences, penalties, or consequences for breach. However, any breach of the Navigation Act 1912-1953, including the coasting trade provisions, could lead to legal action under the broader framework of the Act. Typically, the Act may impose penalties such as fines or imprisonment for violations of its provisions. The specific penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines provided by the relevant authorities. It is important for parties involved in maritime activities to ensure compliance with all applicable laws and regulations to avoid any potential legal consequences.