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.
Overview
The Navigation (Construction) Regulations (Amendment) Statutory Rule No. 276 of 1983 was issued under the authority of the Minister of State for Transport to address the implementation of the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1978 amending the Safety Convention, which entered into force for Australia on 18 November 1983. The policy objective of the amendment is to ensure that construction requirements for new ships are regulated under the Marine Orders, while limiting the application of the Navigation (Construction) Regulations to existing ships as defined by the Safety Convention. The enacting body is the Parliament of Australia, and the amendments were made to align the Navigation (Construction) Regulations with the new international standards and to ensure that the Australian maritime industry remains compliant with global safety and technical requirements.
Scope and Application
The Navigation (Construction) Regulations (Amendment) apply specifically to the construction and operation of ships within Australia, aligning with the International Convention for the Safety of Life at Sea, 1974 and its 1978 Protocol. These regulations govern the construction of existing ships, defined as those with keels laid before 25 May 1980, while new ships, constructed after this date, are subject to Part 12 of the Marine Orders. This amendment refines the definitions of 'existing' and 'new' ships, effectively segregating them into 'Group A' and 'Group B' categories based on their keel laying dates. The regulations also update references to ensure consistency with the Marine Orders, which have replaced previous regulations such as the Navigation (Radio) Regulations. The amendments ensure that the regulatory framework remains current and complies with international maritime safety standards, while also streamlining references and eliminating redundancies.
Key Provisions
The main operative sections of the Statutory Rule No. 276 of 1983, issued under the authority of the Minister of State for Transport Navigation, focus on amending the existing Navigation (Construction) Regulations to align with the International Convention for the Safety of Life at Sea, 1974 (the Safety Convention) and the Protocol of 1978. Regulation 3(a) to (d) amend the definitions of 'existing' and 'new' ships, categorising them into 'Group A' ships and 'Group B' ships to limit the application of the regulations to ships constructed before 25 May 1980 (section 3(a), (b) and (d)). Regulation 3(e) introduces the definition of 'prescribed period' from 20 March 1968 to 24 May 1980 (section 3(e)). Regulation 3(f) updates the definition of 'radiotelegraph room' by replacing references to the Navigation (Radio) Regulations with Marine Orders, Part 26 (section 3(f)). Regulation 3(g) adds a consequential amendment to ensure that references to Marine Orders in the Principal Regulations correspond to orders made under the Navigation (Orders) Regulations (section 3(g)).
The amended regulations impose specific obligations on parties involved in the construction and operation of ships. For instance, Regulation 3(a) to (d) necessitate that only ships within the defined 'Group A' and 'Group B' categories fall under the scope of the amended Navigation (Construction) Regulations (section 3(a) to (d)). Regulation 3(f) requires adherence to the updated reference to Marine Orders, Part 26 for communication equipment, superseding the previous Navigation (Radio) Regulations (section 3(f)). Furthermore, Regulation 3(g) mandates that any reference to Marine Orders in the Principal Regulations be interpreted in the context of orders made under the Navigation (Orders) Regulations (section 3(g)).
Offences and penalties for non-compliance with the amended regulations are not explicitly stated in the provided text. However, given the legislative framework and the serious nature of maritime safety, it is reasonable to infer that breaches of these regulations could lead to significant civil or criminal consequences. These may include fines, penalties, and potential legal actions against individuals or entities found in violation of the Safety Convention and associated Marine Orders. The exact penalties would typically be detailed in the main body of the Navigation Act 1912 or further specified in the Marine Orders themselves, though these specifics are not provided within the current excerpt.