Overview

The Navigation Act 1912, as amended by the legislative instrument F2006B00469, was enacted to address the issue of declining tourist traffic between various Australian ports, with the exception of the route between Victoria and Tasmania. The Minister for Transport and Regional Services, John Duncan Anderson, issued this legislative instrument to facilitate the use of unlicensed ships in the carriage of passengers, thereby aiming to stimulate and improve tourist traffic across the specified ports. The policy objective underpinning this legislative measure was to enhance tourism by allowing additional flexibility in the maritime transportation sector, which in turn would benefit regional economies and encourage visitor mobility within Australia. The Act was introduced to provide a temporary solution to the identified problem by permitting the operation of certain large vessels, provided they met specified criteria such as a minimum speed and passenger capacity.

Scope and Application

The Navigation Act 1912, as amended by the legislative instrument F2006B00469, applies to unlicensed ships engaged in the carriage of passengers between specified ports in the Commonwealth of Australia or its territories. Specifically, the Act permits the operation of unlicensed vessels over 5000 gross registered tonnes that meet certain criteria: they must be capable of a speed of at least 15 knots, able to carry a minimum of 100 passengers, and primarily used for passenger transportation. This authorisation is effective from 1 January 2003 to 31 December 2008 and is intended to address the injury or retardation of tourist traffic within these regions, excluding the trade between Victoria and Tasmania. The jurisdictional reach of this Act is national, encompassing the Commonwealth of Australia and its territories. There are no stated exclusions or exemptions, but the Act's application may be further defined or restricted through subordinate instruments.

Key Provisions

The primary operative sections of the notice under subsection 286(6) of the Navigation Act 1912 permit unlicensed ships to engage in the carriage of passengers between any ports in the Commonwealth or in the Territories, with the exception of between Victoria and Tasmania. This permission is granted for a specific period, from 1 January 2003 to 31 December 2008, and applies to vessels that meet certain criteria: they must exceed 5000 gross registered tonnes, be capable of a speed of at least 15 knots, and have the capacity to carry at least 100 passengers. Moreover, these vessels must be utilised wholly or primarily for the carriage of passengers (subsection 286(6)). The Act imposes certain obligations and requirements on the parties involved. It mandates that the unlicensed ships, which are permitted to operate under this notice, must adhere to the specified conditions. These conditions include the vessel's gross registered tonnage, speed capability, and passenger capacity. Additionally, these vessels must be used predominantly for passenger transportation, ensuring that they meet the criteria set out in the notice (subsection 286(6)). There are no explicit offences, penalties, or consequences stated within the notice itself for breach of the conditions. However, it is reasonable to infer that any non-compliance with the requirements could potentially result in legal repercussions under the broader provisions of the Navigation Act 1912. Penalties for breaches of the Navigation Act can vary widely depending on the nature and severity of the offence, with potential civil or criminal consequences that might include fines or imprisonment. The exact penalties would be determined in accordance with the relevant sections of the Act and any applicable regulations.