Navigation (Collision) Regulations 1982
Statutory Rules 1982 No. 304 as amended
made under the
Navigation Act 1912
This compilation was prepared on 26 August 2006
taking into account amendments up to SLI 2006 No. 228
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Purpose of Regulations
3 Interpretation
4 Measures to be observed for the prevention of collisions
5 Lights and signals
6 Requirements of Orders to be complied with
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Navigation (Collision) Regulations 1982.
2 Purpose of Regulations
These Regulations are made for section 258 of the Navigation Act 1912.
3 Interpretation
A reference in these Regulations to Marine Orders is a reference to orders made under subsection 425 (1AA) of the Navigation Act 1912.
4 Measures to be observed for the prevention of collisions
The measures to be observed for the prevention of collisions are the measures required by Part 30 (Prevention of Collisions) of the Marine Orders.
5 Lights and signals
The lights and signals to be provided and used on a ship are the lights and signals required by Part 30 (Prevention of Collisions) of the Marine Orders.
6 Requirements of Orders to be complied with
(1) A master, mate or other person concerned with the navigation, management or working of a ship is guilty of an offence if he or she fails to comply with any measure required by Part 30 (Prevention of Collisions) of the Marine Orders relating to the prevention of collisions and the provision and use of lights and signals.
(2) An offence against subregulation (1) is an offence of strict liability.
Note 1 Subsection 258 (7) of the Navigation Act 1912 provides:
(7) A person who is guilty of an offence against the regulations made by virtue of this section is punishable on conviction:
(a) if the offender is a natural person — by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate — by a fine not exceeding $20,000.
Note 2 For strict liability, see section 6.1 of the Criminal Code.
Notes to the Navigation (Collision) Regulations 1982
Note 1
The Navigation (Collision) Regulations 1982 (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1982 No. 304 amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and…
Overview
The Navigation (Collision) Regulations 1982, enacted under the Navigation Act 1912, were introduced to address the need for comprehensive maritime regulations concerning the prevention of collisions at sea. These regulations were established to ensure the safety of maritime navigation by enforcing specific measures, lights, and signals on ships. They were formulated to comply with the International Regulations for Preventing Collisions at Sea (Collision Regulations) and are enforced by the relevant maritime authorities to maintain safety and order on the seas. The policy objective of these regulations is to reduce maritime accidents and collisions, thereby protecting lives, vessels, and the marine environment. The regulations are administered by the federal government and are subject to amendments to keep pace with evolving maritime practices and international standards.
Scope and Application
The Navigation (Collision) Regulations 1982, made under the Navigation Act 1912, govern the measures to be observed for the prevention of collisions at sea and the provision and use of lights and signals on ships. These Regulations apply to natural persons, such as masters, mates, or any other individuals involved in the navigation, management, or operation of a ship. The Regulations are also applicable to entities, specifically body corporates, which may face fines up to a maximum of $20,000 for non-compliance. The Regulations have a jurisdictional reach throughout Australia, as they are made under the Commonwealth legislation. There are no stated exclusions or exemptions in the Regulations themselves, but the measures for the prevention of collisions and the provision and use of lights and signals are detailed in the Marine Orders, which are subordinate instruments to the Navigation Act 1912. These subordinate instruments may provide additional application or restriction of the Regulations, and they too are subject to amendments and updates.
Key Provisions
- The Navigation (Collision) Regulations 1982, made under the Navigation Act 1912, set out the measures required to prevent collisions at sea and the use of lights and signals on ships, as stipulated in Part 30 (Prevention of Collisions) of the Marine Orders (Regulation 4). The Regulations mandate that all masters, mates, or other individuals involved in the navigation, management, or operation of a ship must adhere to these collision prevention measures and the requirements for lights and signals (Regulation 6(1)).
- Compliance with these regulations is crucial for maritime safety. Specifically, anyone responsible for the navigation or operation of a ship must ensure that all measures and signals outlined in the Marine Orders are correctly implemented (Regulation 6(1)). This includes the proper use of lights and signals to prevent collisions, which is a critical aspect of safe maritime practices (Regulation 5).
- Failure to comply with these regulations can result in serious consequences. An individual found guilty of an offence under Regulation 6(1) is subject to strict liability, meaning intent does not need to be proven (Note 2). The penalties for natural persons found guilty of an offence can include a fine of up to $10,000, imprisonment for up to two years, or both (Subsection 258(7)(a) of the Navigation Act 1912). For body corporates, the maximum fine is $20,000 (Subsection 258(7)(b) of the Navigation Act 1912). These provisions underscore the importance of strict adherence to maritime safety regulations to avoid severe legal repercussions.
- Area of Law
- Maritime Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Regulatory Standards
