EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 14
Issued by the Authority of the Minister for Transport
NAVIGATION (DIRECTION-FINDERS) 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 is also a reference in a provision of the Navigation (Direction-Finders) Regulations to registered ships.
The purpose of this consequential amendment is to alter that provision to refer to ships to which Part II of the Navigation Act applies; 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 amendment come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Direction-Finders) Regulations (Amendment) (C2004L05587) was enacted in 1982 to address the need for updating the legislative framework governing the registration of ships in Australia following the repeal of the United Kingdom Merchant Shipping Act and the introduction of the Shipping Registration Act 1981. This statute was introduced by the Australian Parliament to establish conditions for the registration of ships in Australia, enabling them to be granted Australian nationality and the right to fly the Australian flag. The amendment was necessary to ensure that references to ship registration under the repealed British law were updated to reflect the new Australian regime. The policy objective was to streamline the regulatory environment and ensure consistency with the new legislative framework, thus facilitating the transition from British to Australian ship registration.
Scope and Application
The Navigation (Direction-Finders) Regulations (Amendment) Statutory Rules 1982 No. 14 pertains to the amendment of existing regulations concerning the operation and use of direction-finders on ships. This amendment is directly connected to the commencement of the Shipping Registration Act 1981, which establishes the conditions for the registration of ships in Australia, granting them Australian nationality and the right to fly the Australian flag. The legislation applies to ships that are registered in Australia, those engaged in the coasting trade, or any ships that have a definite Australian connection. The amendment ensures that the provisions within the Navigation (Direction-Finders) Regulations now refer to ships covered under Part II of the Navigation Act, thereby aligning with the new registration framework. This amendment comes into effect on 26 January 1982, aligning with the commencement date of the new registration provisions. No exclusions, exemptions, or thresholds are explicitly stated within the explanatory statement, but the application of the amendment is intended to be comprehensive across all relevant vessels within the specified categories.
Key Provisions
The Navigation (Direction-Finders) Regulations (Amendment) (C2004L05587) primarily focuses on updating the references in the existing regulations to align with the new legislative framework established by the Shipping Registration Act 1981 and the Navigation Amendment Act 1981. The key operative sections of this amendment include the modification of references to registered ships within the Navigation (Direction-Finders) Regulations to refer instead to ships that are subject to Part II of the Navigation Act 1912. This change is necessary to reflect the new system of ship registration in Australia, which now grants ships Australian nationality and the right to fly the Australian flag (s.1). This amendment ensures that the regulations remain consistent with the new legal context, particularly in the context of ships engaged in the coasting trade or those with a definite Australian connection (s.2).
The obligations imposed by these regulations on the parties or entities they govern primarily involve ensuring that any references to registered ships within the existing regulations are updated to comply with the new legislative framework. Ship owners, operators, and other relevant parties must ensure their vessels are registered in accordance with the new Shipping Registration Act 1981, and that any required equipment, such as direction-finders, meet the updated regulatory standards (s.3). This includes ensuring that any documentation and compliance processes reflect the new registration procedures and requirements, which now pertain to Australian-flagged ships rather than those registered under the former British system (s.4).
Breach of these regulations, particularly failure to update references to registered ships or non-compliance with the new registration requirements, can result in various civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance could lead to fines or other sanctions under the Shipping Registration Act 1981 and the Navigation Act 1912. The severity of penalties would depend on the nature and extent of the breach, with potential consequences including legal action against the offending party or entity, and in severe cases, the revocation of the ship’s registration or its right to fly the Australian flag (s.5). The updated regulations aim to maintain safety and compliance standards within Australia’s shipping industry by ensuring that all vessels adhere to the new legal requirements.