Navigation (Cinematograph Film) Regulations

Overview

The Navigation (Cinematograph Film) Regulations 1968 were enacted to address the safety risks associated with the use of cellulose-nitrate-based film in cinematograph equipment on ships. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council, and it operates as a regulation under the Navigation Act 1912-1967. The primary objective of these regulations is to prevent the use of highly flammable cellulose-nitrate-based film in cinematograph equipment on Australian ships or ships engaged in the coasting trade, thereby mitigating the risk of fire and ensuring the safety of the crew and passengers. The previous regulations pertaining to this subject matter were repealed by these 1968 regulations. These regulations impose specific penalties for the use of cellulose-nitrate-based film in cinematograph equipment on ships registered in Australia or involved in the coasting trade. The owner and master of such ships are held accountable for any offence, with a maximum penalty of Two hundred dollars on summary conviction. For ships using this film type in Australian ports, the owner, master, and agent of the ship are all liable for the offence, again with a maximum penalty of Two hundred dollars. The regulations aim to enforce strict compliance with safety standards to prevent accidents and ensure the safety of maritime operations.

Scope and Application

The Navigation (Cinematograph Film) Regulations 1968, made under the Navigation Act 1912-1967, apply to ships that are registered in Australia or engaged in the coasting trade, as well as to ships that are located in an Australian port. Specifically, these regulations target the use of cellulose-nitrate-based film in cinematograph equipment on such ships. The regulations impose penalties on the owner, master, and agent of the ship if cellulose-nitrate-based film is used under the specified conditions. The penalty for a summary conviction is up to Two hundred dollars. The Regulations replace the previous Navigation (Cinematograph Film) Regulations of 1959, ensuring that the maritime safety and regulatory standards are updated and effectively enforced. While the primary focus of these Regulations is the safety and operational standards aboard ships, they do not extend to other industries or entities outside the scope of maritime activities.

Key Provisions

The Navigation (Cinematograph Film) Regulations (1968) primarily address the use of cellulose-nitrate-based film in cinematograph equipment on ships. Regulation 3(1) states that it is an offence for the owner and master of any Australian-registered ship or a ship engaged in the coasting trade to use such film in their cinematograph equipment. Regulation 3(2) extends this prohibition to any ship found using cellulose-nitrate-based film in cinematograph equipment while in an Australian port, making the owner, master, and agent of the ship liable for an offence. Both regulations impose a penalty of up to Two hundred dollars on summary conviction for any person found guilty of these offences. These regulations impose specific obligations on ship owners, masters, and agents to ensure that their cinematograph equipment does not use cellulose-nitrate-based film, whether their ship is registered in Australia, engaged in the coasting trade, or simply in an Australian port. The regulations require vigilance and compliance to avoid incurring penalties. This includes not only the physical handling of the equipment but also ensuring that no such film is present on board the ship, either in use or storage. Breaches of these regulations can result in significant consequences. Regulation 3(3) clearly states that any person found guilty of using cellulose-nitrate-based film in cinematograph equipment under the conditions specified in Regulation 3(1) or 3(2) faces a penalty of up to Two hundred dollars upon summary conviction. This penalty serves as a deterrent against non-compliance, emphasising the importance of adhering to the regulations to avoid legal repercussions.