EXPLANATORY STATEMENT
STATUTORY RULE NO. 397 OF 1982
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT AND CONSTRUCTION
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS (AMENDMENT)
Section 425 of the Navigation Act 1912, (the Act), 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.
The Navigation (Courts of Marine Inquiry) Regulations prescribe the practices and procedures and the powers and duties of officers of Courts of Marine Inquiry, and regulate the appointment and summoning of assessors.
The Regulations amend the Navigation (Courts of Marine Inquiry) Regulations to bring those Regulations up to date in a number of aspects. Details of the Regulations are set out below:
Regulation 1 amends paragraph (1)(a) of regulation 31 of the Navigation (Courts of Marine Inquiry) Regulations to omit references to “master of a foreign going ship” wherever occurring and substituting “Master Class 1, Steamship”, as the latter is now the appropriate title in accordance with the provisions of Marine Orders, Part 4 (Marine Qualifications - Masters and Deck Officers).
Regulation 2 amends regulation 32 of the Navigation (Courts of Marine Inquiry) Regulations by omitting “and the places at which they reside” from the regulation, as it is considered administratively unnecessary for the Minister to supply the addresses of appointed assessors to each Registrar.
Regulation 3 amends regulation 44 of the Navigation (Courts of Marine Inquiry) Regulations by inserting “or Territory” after “State” in that regulation. This amendment has been made on the advice of the Attorney-General’s Department to extend the regulation to allow parties before a Court of Marine Inquiry to be represented by barristers and solicitors of the Supreme Court of a Territory.
Regulation 4 amends regulation 52 of the Navigation (Courts of Marine Inquiry) Regulations to apply section 45 of the Federal Court of Australia Act 1976 and Order 14 of the Federal Court Rules to affidavits used in a Court of Marine Inquiry instead of the presently prescribed provisions of Order XXXV of the Rules of the High Court. This amendment has been made on the advice of the Attorney-General’s Department.
Regulation 5 amends Schedule 2 of the Navigation (Courts of Marine Inquiry) Regulations, in accordance with the provisions of sub-regulation 49(2) of the Navigation (Courts of Marine Inquiry) Regulations, to increase the amounts of the allowances paid to witnesses attending a Court of Marine Inquiry, in line with the increases made by Statutory Rules No. 24 of 1981 to allowances provided in the Second Schedule to the High Court Rules.
Regulation 6 makes a number of formal amendments to the Navigation (Courts of Marine Inquiry) Regulations as set out in the Schedule to the regulations. The amendments tidy up the Navigation (Court of Marine Inquiry) Regulations in accordance with current drafting standards.