NAVIGATION.
No. 8 of 1926.
An Act to amend the Navigation Act 1912-1925.
[Reserved, 15th February, 1926.]
[Royal Assent proclaimed, 1st March, 1926.]
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 Navigation Act 1926.
(2.) The Navigation Act 1912-1925 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Navigation Act 1912-1926.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation after the King’s approval thereto has been proclaimed in the Commonwealth.
Permission to unlicensed ships.
3. Section two hundred and eighty-six of the Principal Act is amended by adding at the end thereof the following sub-sections:—
“(6.) Where it is shown to the satisfaction of the Governor-General that the tourist traffic between any ports in the Commonwealth or in the Territories under the authority of the Commonwealth is being injured or retarded, and the Governor-General is satisfied that it is desirable that unlicensed ships be allowed to engage in the trade, he may, by notice published in the Gazette, grant permission to unlicensed British ships of such size and speed as are specified in the notice to engage in the carriage of passengers between those ports, subject to such conditions (if any) and for such period as are set out in the notice.
“(7.) The carriage of passengers between those ports, by a British ship of the description specified in any such notice and under the conditions (if any), and during the period, set out in the notice, shall not be deemed engaging in the coasting trade.”.
Overview
The Navigation Act 1926 was enacted to amend the existing Navigation Act 1912-1925, addressing a need to provide flexibility in the regulation of maritime trade within Australian waters. This Act was passed by the Commonwealth Parliament and received royal assent on 1 March 1926. A key problem the Act aimed to address was the potential hindrance to tourist traffic between Commonwealth ports due to strict regulations on unlicensed ships. The policy objective, as reflected in the Act, is to facilitate the movement of passengers and support tourism by allowing the Governor-General to issue permits for unlicensed British ships under certain conditions, thus ensuring that such operations do not constitute engaging in the coasting trade.
Scope and Application
The Navigation Act 1926 applies to any person or entity that engages in maritime transport activities within the Commonwealth of Australia and its territories, specifically concerning the regulation of shipping. This Act extends to the amendment of the Navigation Act 1912-1925, allowing for the governance of unlicensed British ships in specific circumstances to facilitate passenger traffic between designated ports, provided it does not constitute coasting trade. The Governor-General holds the authority to permit such ships under certain conditions when it is deemed necessary to alleviate any negative impacts on tourist traffic. The Act’s jurisdictional reach is confined to the Commonwealth and its territories, thus applying nationally within these defined boundaries. The Act does not explicitly state exclusions or thresholds but implies exemptions for ships granted specific permissions under its provisions, thereby extending its application through notices published in the Gazette.
Key Provisions
The Navigation Act 1926 introduces several key provisions that amend the Navigation Act 1912-1925. One of the primary changes is the introduction of sub-sections (6) and (7) to Section 286 of the Principal Act (section 3). These sub-sections provide the Governor-General with the authority to grant permission for unlicensed British ships to carry passengers between specified ports within the Commonwealth or its territories. This permission can be granted when it is demonstrated that tourist traffic between those ports is being adversely affected, and it is deemed desirable to allow unlicensed ships to operate under certain conditions and for a specified period. It is noteworthy that such operation of unlicensed ships for passenger carriage will not be considered as engaging in the coasting trade, as long as it adheres to the conditions outlined in the Governor-General’s notice.
The Act imposes specific obligations and requirements on the parties involved. The Governor-General must be satisfied, based on evidence, that tourist traffic is being injured or retarded and that it is desirable to allow unlicensed ships to operate. Furthermore, any permission granted must be published in the Gazette, detailing the size and speed of the ships, the conditions of operation, and the duration of the permission. The unlicensed ships must operate strictly according to these conditions and the timeframe stipulated in the notice. Additionally, the Act ensures that the carriage of passengers by such ships does not constitute engaging in the coasting trade, provided it adheres to the prescribed terms.
Breach of the conditions set out in the Governor-General's notice can result in significant consequences. While the Act does not explicitly detail specific offences or penalties, it is reasonable to infer that any unauthorised operation of ships or deviation from the stipulated conditions could be subject to legal action under the Principal Act or other relevant legislation. The consequences could include fines, penalties, or other enforcement actions, although the exact penalties would depend on the specific breaches and the relevant legal frameworks in place at the time of infringement. Given the importance of maritime regulations and the potential impact on trade and tourism, compliance with the terms of the notice is crucial to avoid any legal repercussions.