Navigation (Construction) Regulations (Amendment)

Overview

The Navigation (Construction) Regulations (Amendment) 1990, issued under the authority of the Minister for Shipping and Aviation Support, seeks to address the gap in cost recovery for services provided under the Navigation Act 1912, which was enacted to regulate maritime navigation in Australian waters. These amending regulations are a response to the government’s policy of ensuring that fees keep pace with cost increases since the last adjustment in October 1988. The Navigation Act 1912 empowers the Governor-General to make regulations, including those related to fees for services such as the examination of drawings and attendance at tests, which are crucial for maintaining maritime safety and standards. The amendments specifically target the Navigation (Construction) Regulations, raising fees by 36% to reflect current service costs, calculated at an hourly rate of $132. These amendments are essential for ensuring that the regulatory framework remains financially sustainable while upholding the high standards necessary for maritime safety.

Scope and Application

The Navigation Act 1912, as amended by the Navigation (Construction) Regulations (Amendment), applies to the construction and examination of vessels in the coasting trade, ensuring that these vessels meet the required safety and operational standards. The Act applies to any person or entity involved in the construction or modification of vessels intended for operation within Australian waters, including shipbuilders, engineers, and maritime surveyors. The jurisdictional reach of the Act is national, governing all vessels that fall under the coasting trade within Australia's territorial waters. The regulations specifically address the fees for services such as the examination of drawings and attendance at tests, which have been increased to reflect cost inflation since the last adjustment in October 1988. The amendments are detailed in Attachment 3 of the explanatory statement, which outlines the new fee structure and the effective date of 15 October 1990. While the Act aims to ensure maritime safety and compliance, it does not specify any exclusions or exemptions within the provided text. The amendments extend the application of the Act by updating the fee structure through subordinate instruments, ensuring that the regulatory fees align with current economic conditions.

Key Provisions

The main operative sections of the amending Regulations for the Navigation (Construction) Regulations pertain to the adjustment of fees associated with the examination of drawings and attendance at tests for the construction of vessels. Regulation 1 specifies the commencement date for these amendments, which is 15 October 1990. Regulation 2 outlines the increase in fees for these services, raising them by 36 per cent. This increase is based on the average number of hours required to perform the services, calculated at an hourly rate of $132. The amendments impose specific obligations on parties involved in the construction of vessels. Under the revised Regulations, shipbuilders, constructors, and other relevant parties must now pay the updated fees for services related to the examination of drawings and attendance at tests. These fees reflect the increased costs and are intended to ensure a fair cost recovery for the services provided under the Navigation Act 1912. Failure to comply with the fee adjustments stipulated in the amending Regulations could result in various consequences. While the amending Regulations themselves do not explicitly state penalties for non-compliance, breaches of the Navigation Act 1912 generally could lead to civil or criminal penalties. Under section 427 of the Act, any person who contravenes a provision of the Act, or any regulation made under it, is liable to a penalty. The specific nature of the penalty, whether civil or criminal, would depend on the severity of the breach and could include fines or imprisonment as determined by a court. In summary, the amending Regulations update the fees for services related to the examination of drawings and attendance at tests in vessel construction, with an increase of 36 per cent. These amendments require compliance from all relevant parties and, while the amending Regulations do not explicitly state penalties, breaches of the underlying Act could result in fines or imprisonment.