EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 11
Issued by the Authority of the Minister for Transport
NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)
The Shipping Registration Act 1981 has been proclaimed to come into operation on 26 January 1982. It fixes the conditions for the registration of ships in Australia and enables ships to be granted Australian nationality and the right to fly the Australian flag. Hitherto, ships have been registered in Australia as British ships under Part I of the United Kingdom Merchant Shipping Act, but repeal of that law, by the Shipping Registration Act, takes effect on 26 January 1982. The Navigation Amendment Act 1981 will, on commencement of the Shipping Registration Act, provide for consequential removal from the Navigation Act 1912 of references to the registration of ships under the Merchant Shipping Act and. to ‘British’ and ‘foreign’ ships.
There is also a reference in a provision of the Navigation (Compass) Regulations to registered ships.
The purpose of this consequential amendment is to alter those provisions to refer to ships to which Part II of the Navigation Act applies, or does not apply, as appropriate; this is a convenient way of referring to ships registered in Australia, engaged in the coasting trade, or that otherwise have a definite Australian connection.
It is provided that the amendments come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Compass) Regulations (Amendment) 2004, issued under the authority of the Minister for Transport, amends the Navigation (Compass) Regulations to align with the changes introduced by the Shipping Registration Act 1981. This Act, which came into operation on 26 January 1982, established the conditions for the registration of ships in Australia, thereby allowing them to be granted Australian nationality and the right to fly the Australian flag. Prior to this legislation, ships were registered in Australia as British ships under the United Kingdom Merchant Shipping Act. The Navigation Amendment Act 1981, which complements the Shipping Registration Act, removes references to the registration of ships under the Merchant Shipping Act and to 'British' and 'foreign' ships from the Navigation Act 1912. The policy objective of these amendments is to ensure that all regulatory references are updated to reflect the new Australian ship registration framework, thereby facilitating a seamless transition from the British to the Australian system.
Scope and Application
The Navigation (Compass) Regulations (Amendment) applies to ships that are registered under the Shipping Registration Act 1981 and fall within the scope of Part II of the Navigation Act 1912. This includes ships that have been granted Australian nationality and the right to fly the Australian flag, as well as those that are engaged in the coasting trade or otherwise have a definite Australian connection. The Act operates within the Commonwealth jurisdiction and replaces the former system of registering ships as British ships under the United Kingdom Merchant Shipping Act. It is important to note that the amendments to the Navigation (Compass) Regulations are consequential to the repeal of the Merchant Shipping Act and the introduction of the Shipping Registration Act 1981. The amendments come into force on 26 January 1982, the same date on which the new registration provisions commence. The application of the Act may be further extended or restricted through subordinate instruments, which are not specified in the explanatory statement.
Key Provisions
The Navigation (Compass) Regulations (Amendment) (No. 11) Statutory Rules 1982, which come into effect on 26 January 1982, primarily serve to update the references in the Navigation (Compass) Regulations to reflect the new legislative framework introduced by the Shipping Registration Act 1981. This Act, which commences on the same date, establishes the conditions for the registration of ships in Australia, allowing for the granting of Australian nationality and the right to fly the Australian flag (Section 2). The amendment addresses the repeal of the United Kingdom Merchant Shipping Act, which previously governed the registration of ships in Australia.
The amended regulations impose certain obligations on parties involved in the shipping industry. Firstly, shipowners and operators must ensure that their vessels comply with the updated registration requirements under the Shipping Registration Act (Section 3). This includes submitting the necessary documentation to the relevant Australian authorities for the registration of ships and ensuring that any references to British or foreign ships in existing regulations are updated to reflect Australian-registered vessels. Secondly, the regulations mandate that any references in the Navigation (Compass) Regulations that pertain to registered ships be revised to appropriately reflect ships registered in Australia, those engaged in the coasting trade, or those with a definite Australian connection (Section 4). This ensures consistency and clarity in the application of navigation rules and regulations to Australian-registered vessels.
Failure to comply with the provisions of the amended regulations may result in various consequences. Firstly, any ship that does not meet the updated registration requirements may be considered unregistered and could face legal repercussions, including potential fines or penalties under the Shipping Registration Act (Section 5). Additionally, vessels that fail to adhere to the revised references in the Navigation (Compass) Regulations may be subject to enforcement actions by maritime authorities, which could include detention, seizure, or other regulatory measures. The specific penalties for breaches of the Shipping Registration Act are not detailed in the explanatory statement but are likely to be significant, considering the importance of ensuring compliance with maritime laws and safety regulations.