Statutory Rules
1978 No. 128
REGULATIONS UNDER THE NAVIGATION ACT 1912*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this seventh day of July 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS†
Interpretation
1. Regulation 4 of the Navigation (Courts of Marine Inquiry) Regulations is amended—
(a) by inserting in sub-regulation (1) before the definition of “ certificate ” the following definition:
“ ‘ authorized officer ’, in relation to a State or Territory, means a person holding, or for the time being performing the duties of, an office in the Department of Transport that is specified in relation to that State or Territory for the purposes of this definition by the Minister by instrument in writing;”:
and
(b) by omitting from sub-regulation (1) the definition of “ Regional Controller ”.
Service of documents on, and action by, authorized officer
2. Regulation 51 of the Navigation (Courts of Marine Inquiry) Regulations is amended—
(a) by omitting “ Regional Controller ” and substituting “ authorized officer ”; and
(b) by inserting “ or Territory ” after “ State ”.
* Notified in the Commonwealth of Australia Gazette on 13 July 1978.
† Statutory Rules 1943, No. 53 as amended by Statutory Rules 1957, No. 1; 1963, No. 97; 1973, No. 69; 1974, No. 13; 1975, No. 6; and 1976, No. 243.
Savings
3. Nothing in these Regulations affects the validity or efficacy of a charge made, a notice or process given or served or a thing done under the Navigation. (Courts of Marine Inquiry) Regulations as in force before the commencement of these Regulations and, for the purposes of the application of the Navigation (Courts of Marine Inquiry) Regulations as amended by these Regulations to such a charge, notice, process or thing done, a reference to “ Regional Controller ” in the notice, process or document prepared in connexion with the charge made or thing done shall be read as a reference to “ authorized officer ” as defined by those Regulations as so amended.
Overview
Statutory Rules 1978 No. 128, under the Navigation Act 1912, was enacted to amend the Navigation (Courts of Marine Inquiry) Regulations, addressing the need to update the definitions and responsibilities within the maritime inquiry processes. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to streamline the administration of marine inquiries by replacing the term "Regional Controller" with "authorized officer." This change aims to ensure that maritime inquiries are efficiently managed by clearly defining the roles and responsibilities of individuals involved in the process, thereby maintaining the integrity and efficacy of maritime legal proceedings.
Scope and Application
Statutory Rules 1978 No. 128, under the Navigation Act 1912, amends the Navigation (Courts of Marine Inquiry) Regulations to redefine and replace certain roles within the Department of Transport. The regulation applies to the officers of the Department of Transport, specifically those in States and Territories designated by the Minister. It removes the term "Regional Controller" and replaces it with "authorized officer," altering the terminology and scope of those who can serve documents or take action in proceedings related to marine inquiries. This change is effective nationwide as it pertains to the Commonwealth of Australia and its territories. The regulation does not introduce any exclusions or exemptions but modifies the roles within the existing framework, ensuring that actions taken under the previous regulations remain valid and effective. The amendment extends the jurisdiction of authorised officers to include all states and territories, thereby broadening the scope of who can undertake certain duties within the marine inquiry process.
Key Provisions
The main operative sections of the Statutory Rules 1978 No. 128 involve amendments to the Navigation (Courts of Marine Inquiry) Regulations (Regulation 1). Specifically, Regulation 4 redefines the term "authorized officer" (Regulation 1(a)) and removes the term "Regional Controller" from the definition list (Regulation 1(b)). Additionally, Regulation 51 updates references to "Regional Controller" to "authorized officer" and includes a reference to "Territory" alongside "State" (Regulation 2). These amendments are intended to clarify and update the roles and responsibilities within the context of the Navigation Act 1912.
The Regulations impose obligations on the parties governed by them to ensure compliance with the updated definitions and references. For example, any person or entity previously interacting with a "Regional Controller" must now understand that "authorized officer" is the appropriate point of contact as defined in the Regulations. This includes ensuring that all documents, notices, and processes are served or issued to the appropriate "authorized officer" in accordance with the amended Regulations. Furthermore, the Regulations clarify that actions taken under the previous Regulations remain valid, provided that references to "Regional Controller" are interpreted as referring to "authorized officer" (Regulation 3).
Breaches of the amended Regulations may lead to various consequences depending on the nature and severity of the non-compliance. While the specific offences, penalties, or civil/criminal consequences are not detailed within the Regulations themselves, the overarching Navigation Act 1912 provides a framework within which such breaches may be addressed. Under the Act, penalties for non-compliance can include fines and other sanctions, with the exact penalties determined by the courts based on the circumstances of the breach. It is essential for parties governed by these Regulations to adhere to the updated provisions to avoid potential legal repercussions.