EXPLANATORY STATEMENT
STATUTORY RULE NO. 276 OF 1983
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT NAVIGATION (CONSTRUCTION) 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.
Construction requirements for new ships as defined by the Safety Convention from 18 November 1983, are regulated by Part 12 of Marine Orders. The amendments to the Navigation (Construction) Regulations therefore confines application of those Regulations to existing ships as defined by the Safety Convention.
Details of the regulations are set out below:
Regulations 1 and 2 provide that the regulations came into operation on 18 November 1982 and provide the citation of the Principal Regulations.
Sub-regulations 3(a), (b) and (d) amend the definitions of ‘existing’ ships and ‘new’ ships in existing regulation 4 of the Principal Regulations to ‘Group A’ ships i.e. ships with keels laid before 20 March 1968, and ‘Group B’ ships i.e. ships with keels laid during the prescribed period respectively, for the purpose of limiting the application of the Navigation (Construction) Regulations to ships constructed prior to 25 May 1980. ‘New ships’, being now ships constructed after 25 May 1980, are subject to Part 12 of Marine Orders.
Sub-regulation 3(e) adds the definition ‘prescribed period’ i.e. 20 March 1968 to 24 May 1980, to existing regulation 4 in conjunction with the definition of ‘Group B’ ships.
Sub-regulation 3(c) omits from a reference to the Department of Transport, ‘of Transport’ as the words are unnecessary by virtue of paragraph 17(ia) of the Acts Interpretation Act 1901.
Sub-regulation 3(f) amends the definition of ‘radiotelegraph room’ in regulation 4 to delete the reference to the Navigation (Radio) Regulations and insert instead, reference to Marine Orders, Part 26 (Equipment-Communication) that replaced the Navigation (Radio) Regulations from 18 November 1983.
Sub-regulation 3(g) adds a new consequential sub-regulation to regulation 4 to provide that a reference to Marine Orders in the Principal Regulations is a reference to orders made under the Navigation (Orders) Regulations, as in force from time to time.
Sub-regulations 4(a), (c) and (d) amend references to new passenger ships and existing passenger ships in regulation 5 of the Principal Regulations in consequence of the amendments by proposed sub-regulations 3(a), (b) and (d).
Sub-regulation 4(b) amends sub-regulation 5(2) of the Principal Regulations to limit the application of that provision concerning alterations to the construction or machinery of a ship, to the ‘prescribed period’ as proposed to be defined.
Sub-regulation 4(e) omits sub-regulation 5(3) of the Principal Regulations which is redundant in its effect and therefore superfluous.
Regulation 5 carries the expressions ‘Group A ships’ and ‘Group B ships’ into other appropriate provisions of the Principal Regulations.