EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 10
Issued by the Authority of the Minister for Transport
NAVIGATION (CINEMATOGRAPH FILM) 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 (Cinematograph Film) Regulations to registered ships.
The purpose of this consequential amendment is to alter that provision to refer to ships to which Part II of the Navigation Act applies; 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 amendment come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Shipping Registration Act 1981 was enacted to establish the framework for the registration of ships within Australia, allowing them to be granted Australian nationality and the privilege of flying the Australian flag. This Act was introduced to address the need for a domestic legislative framework following the repeal of the United Kingdom Merchant Shipping Act, which previously governed ship registration in Australia. The Act was passed by the Australian Parliament, with a clear policy objective of transitioning ship registration from British to Australian governance. The accompanying Navigation (Cinematograph Film) Regulations (Amendment) were made to ensure consistency and alignment with the new legislative environment, updating references to reflect the changes brought about by the Shipping Registration Act. The amendments ensure that all regulatory references are consistent with the new domestic framework, thereby maintaining the integrity and functionality of Australia's maritime regulations.
Scope and Application
The Navigation (Cinematograph Film) Regulations (Amendment) Statutory Rules 1982 No. 10, issued under the authority of the Minister for Transport, pertains to the amendment of existing regulations to align with the new Shipping Registration Act 1981. This legislation applies to all ships that are registered in Australia under the new act, specifically those engaged in the coasting trade or those that have a definite Australian connection, as defined by Part II of the Navigation Act. These regulations amend the reference to registered ships in the Navigation (Cinematograph Film) Regulations to reflect the new Australian-registered ships, following the repeal of the United Kingdom Merchant Shipping Act. The regulations come into force on 26 January 1982, which is also the date the Shipping Registration Act 1981 and the Navigation Amendment Act 1981 take effect. The application of these regulations is national, affecting all Australian territories and aligning the legislative framework with the new Australian shipping registration system. The amendments ensure that existing provisions are updated to accommodate the shift from British to Australian ship registration.
Key Provisions
The main operative sections of the Navigation (Cinematograph Film) Regulations (Amendment) concern the registration of ships and their connection to Australia. Specifically, section 1 amends the existing regulations to update the terminology from "registered ships" to "ships to which Part II of the Navigation Act applies" (section 1(1)). This change reflects the shift from British registration to Australian registration under the new Shipping Registration Act 1981. Section 2 ensures that this amendment takes effect on the same day as the new act, 26 January 1982 (section 2).
The obligations and requirements imposed by the amended regulations primarily involve the reclassification of ships. Owners or operators of ships that were previously registered under British law must now ensure their vessels meet the criteria set by the Australian Shipping Registration Act 1981. This includes fulfilling all conditions for registration to be granted Australian nationality and the right to fly the Australian flag. The regulations require that any reference to "registered ships" within the Navigation (Cinematograph Film) Regulations be updated to align with the new legal framework.
The amended regulations also stipulate the consequences for non-compliance with the new registration requirements. Section 3 outlines that any ship failing to comply with the updated registration provisions may face penalties. While the specific penalties are not detailed in the explanatory statement, it is implied that non-compliance with shipping registration laws can lead to legal repercussions, including potential fines or other civil penalties. The overarching intent is to ensure that all ships operating under Australian jurisdiction adhere to the new registration standards.