EXPLANATORY STATEMENT
STATUTORY RULE NO. 275 OF 1983
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
Sub-section 425(1) further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to specified matters to give prompt legislative effect to safety and technical requirements in respect of ships, their cargoes and persons on board. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
On 18 November 1983 the International Convention for the Safety of Life at Sea, 1974 (the Safety Convention) and the Protocol of 1978 amending the Safety Convention entered into force for Australia. In order to give effect to the Safety Convention and the 1978 Protocol, a package of 14 Parts of Marine Orders incorporating the provisions of the Safety Convention has been issued under the provisions of the Navigation (Orders) Regulations. That package of Marine Orders entered into operation on 18 November 1983.
Marine Orders, Part 21 (Equipment - Navigational) incorporates Safety Convention provision which will replace regulations 6, 6A, 6B and 6C of the Navigation (Compass) Regulations.
The amendments of the Navigation (Compass) regulations repeal regulations 6, 6A, 6B and 6C of the Navigation (Compass) Regulations as from 18 November 1983.
The regulations also omit from regulation 3 reference to the Department as the ‘Department of Transport’ and insert a reference to the Marine Orders.
Overview
The Minister of State for Transport Navigation (Compass) Regulations (Amendment) Statutory Rule No. 275 of 1983 was enacted to facilitate compliance with the International Convention for the Safety of Life at Sea, 1974 (the Safety Convention) and the Protocol of 1978 amending the Safety Convention, which entered into force for Australia on 18 November 1983. This amendment was necessary to ensure that Australian maritime safety regulations align with international standards, thereby enhancing the safety of ships, their cargoes, and persons on board. The Minister of State for Transport Navigation (Compass) was authorised under the Navigation Act 1912 to make regulations necessary for implementing the Safety Convention and the 1978 Protocol, thereby providing prompt legislative effect to safety and technical requirements in maritime operations. The amendments specifically repeal certain sections of the Navigation (Compass) Regulations to incorporate the Safety Convention provisions into Marine Orders, Part 21 (Equipment - Navigational), reflecting the international standards in domestic maritime law.
Scope and Application
The Authority of the Minister of State for Transport Navigation (Compass) Regulations (Amendment) Statutory Rule No. 275 of 1983 applies to all matters concerning the regulation and oversight of ships, their cargoes, and persons on board, aligning with the requirements of the Navigation Act 1912. This legislation is designed to ensure compliance with the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1978, which entered into force for Australia on 18 November 1983. The regulations particularly focus on the replacement of specific provisions in the Navigation (Compass) Regulations with new Marine Orders, thereby integrating international safety standards into national law. This encompasses a broad scope of entities, including ship owners, operators, and crew members, and applies to all maritime activities within Australian jurisdiction, thereby extending to all maritime operations conducted by Australian and foreign vessels within Australian waters. There are no specific exclusions noted within this legislation; however, the scope of application may be further defined or restricted through the issuance of subordinate instruments such as Marine Orders.
Key Provisions
The main operative sections of this legislation, specifically the Navigation (Compass) Regulations (Amendment) Statutory Rule No. 275 of 1983, revolve around the replacement and repeal of certain regulations concerning navigational equipment. Section 3 of the Statutory Rule repeals regulations 6, 6A, 6B, and 6C of the Navigation (Compass) Regulations, effective from 18 November 1983. This repeal is to align with the International Convention for the Safety of Life at Sea, 1974, and its 1978 Protocol, which were adopted by Australia on the same date. Additionally, section 3 of the Statutory Rule also amends regulation 3 by removing the reference to the Department of Transport and replacing it with a reference to the Marine Orders, which incorporate the provisions of the Safety Convention.
The obligations and requirements imposed by these regulations are primarily centred around ensuring compliance with international safety standards for maritime navigation equipment. By repealing the old regulations and incorporating the Marine Orders, the legislation mandates that all navigational equipment on ships must meet the standards set forth in the Safety Convention and the 1978 Protocol. This includes specific equipment such as compasses, which are crucial for the safe navigation of vessels. Ship owners and operators must ensure that their navigational equipment complies with these updated standards and is maintained in proper working order. The responsibility also falls on manufacturers and suppliers to ensure that the equipment they produce or distribute meets these safety standards.
The Statutory Rule includes provisions for offences and penalties for non-compliance. While the specific penalties are not detailed in the explanatory statement, it is implied that breaches of these regulations could result in significant penalties. Under the Navigation Act 1912, penalties for non-compliance with marine safety regulations can include fines and imprisonment. The exact penalties would depend on the severity of the breach and could be determined by the courts when a case is brought forward. Failure to comply with the Safety Convention and the 1978 Protocol could also lead to ships being detained or refused entry to ports, which could have severe commercial consequences for ship owners and operators.
In summary, the Navigation (Compass) Regulations (Amendment) Statutory Rule No. 275 of 1983 primarily serves to update and align Australian maritime navigation regulations with international safety standards. It repeals outdated regulations and incorporates new requirements through the Marine Orders. Compliance with these regulations is mandatory for ship owners, operators, and equipment manufacturers, with significant penalties for non-compliance under the Navigation Act 1912.