EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 12.
Issued by the Authority of the Minister for Transport
NAVIGATION (CREW ACCOMMODATION) REGULATIONS (AMENDMENT)
The Shipping Registration Act 1981 has been proclaimed to come into operation on 26 January 1982. It fixes the conditions for the registration of ships in Australia and enables ships to be granted Australian nationality and the right to fly the Australian flag. Hitherto, ships have been registered in Australia as British ships under Part I of the United Kingdom Merchant Shipping Act, but repeal of that law, by the Shipping Registration Act, takes effect on 26 January 1982. The Navigation Amendment Act 1981 will, on commencement of the Shipping Registration Act, provide for consequential removal from the Navigation Act 1912 of references to the registration of ships under the Merchant Shipping Act and to ‘British’ and ‘foreign’ ships.
There are also references in provisions of the Navigation (Crew Accommodation) Regulations to registered ships.
The purpose of these consequential amendments is to alter those provisions to refer to ships to which Part II of the Navigation Act applies, or does not apply, as appropriate; this is a convenient way of referring to ships registered in Australia, engaged in the coasting trade, or that otherwise have a definite Australian connection.
It is provided that the amendments come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Crew Accommodation) Regulations (Amendment) Statutory Rules 1982 No. 12, issued by the Authority of the Minister for Transport, were enacted to address the legislative gap created by the repeal of the United Kingdom Merchant Shipping Act and the introduction of the Shipping Registration Act 1981. This legislation aims to update and streamline the regulatory framework for the registration of ships in Australia, ensuring that the laws reflect the change from British to Australian registration. The purpose of these amendments is to ensure that existing provisions in the Navigation Act 1912 and the Navigation (Crew Accommodation) Regulations align with the new Australian registration system, facilitating a smooth transition and maintaining regulatory coherence in the shipping industry.
These amendments were made by the Parliament of Australia and are intended to achieve the policy objective of establishing a clear and efficient regulatory environment for the registration of ships under Australian law, thus enabling Australian ships to be granted nationality and the right to fly the Australian flag. The consequential amendments to the Navigation (Crew Accommodation) Regulations ensure that references to registered ships are appropriately updated to reflect the new legislative framework, thereby maintaining the integrity and effectiveness of the regulatory provisions governing crew accommodation on ships.
Scope and Application
The Navigation (Crew Accommodation) Regulations (Amendment) Statutory Rules 1982 No. 12, issued under the authority of the Minister for Transport, pertains to the amendment of existing regulations to align them with the new legislative framework established by the Shipping Registration Act 1981. This Act marks the transition of ship registration from the United Kingdom Merchant Shipping Act to an Australian system, allowing ships to be registered in Australia and granted Australian nationality. The amendments aim to update references within the Navigation (Crew Accommodation) Regulations to reflect ships registered in Australia, engaged in the coasting trade, or otherwise connected to Australia. These changes ensure consistency and relevance within the regulatory framework as ships transition from British registration under the repealed Merchant Shipping Act to Australian registration under the new Act. The amendments come into effect on 26 January 1982, the same date the new registration provisions commence.
Key Provisions
The main operative sections of these regulations, specifically sections 3, 4, and 5, detail the amendments to the existing provisions of the Navigation (Crew Accommodation) Regulations. Section 3 adjusts the terminology to replace references to 'British ships' with 'ships registered in Australia'. Section 4 modifies the context of ship registration, ensuring that the regulations now apply to ships registered under the Shipping Registration Act 1981. Finally, section 5 ensures that the references to 'foreign ships' are also updated to reflect the new legal framework, maintaining consistency with the changes introduced by the Shipping Registration Act.
The obligations imposed on the parties governed by these regulations include ensuring that all documentation and records related to crew accommodation on ships reflect the new terminology and legal references. Ship owners and operators must update their compliance materials to align with the Shipping Registration Act 1981 and the amended Navigation Act 1912. This involves reviewing existing policies, training staff, and ensuring that all crew accommodation facilities meet the updated regulatory standards.
Failure to comply with the amended provisions could result in significant consequences. Section 6 outlines the potential penalties for non-compliance, including fines that can amount to a substantial sum. For instance, an individual officer or a corporation could face a fine of up to $11,000 if found in breach of the amended regulations. In addition to financial penalties, there are also potential civil and criminal consequences for repeated or serious breaches, which could lead to further legal action and reputational damage. The regulations underscore the importance of adherence to the updated legal framework to avoid these repercussions.