EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 15
Issued by the Authority of the Minister for Transport
NAVIGATION (DISTRESSED SEAMEN) 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 (Distressed Seamen) Regulations to registered ships, the ownership of ships being transferred to a person not being a British subject and to a ship’s port of registry.
The purpose of these consequential amendments is to alter these provisions to take account of the new arrangements for registration.
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 (Distressed Seamen) Regulations (Amendment) Statutory Rules 1982 No. 15, issued under the authority of the Minister for Transport, was enacted to address the gap created by the repeal of the United Kingdom Merchant Shipping Act and the introduction of the Shipping Registration Act 1981. This legislation was intended to transition the registration of ships from British to Australian nationality, ensuring that Australian ships could fly the Australian flag. The policy objective of these regulations is to make necessary adjustments to existing provisions in the Navigation Act 1912 and the Navigation (Distressed Seamen) Regulations to align with the new ship registration framework. These amendments were designed to come into effect on 26 January 1982, the same day the new registration provisions under the Shipping Registration Act 1981 commenced.
Scope and Application
The Navigation (Distressed Seamen) Regulations (Amendment) Statutory Rules 1982 No. 15 applies to the amendments necessitated by the new Shipping Registration Act 1981, which replaced the previous British registration system for ships with an Australian system. This Act applies to any person or entity that owns or operates a ship that is registered or to be registered under the new Australian system, as well as to any ship or vessel that is registered or to be registered in Australia. The legislation has a national reach as it pertains to the Australian maritime industry and is applicable across all states and territories within the Commonwealth of Australia. These consequential amendments are designed to update the existing Navigation (Distressed Seamen) Regulations to reflect the new registration provisions under the Shipping Registration Act 1981. The amendments also remove references to British registration and British subjects, aligning with the national shift in maritime legislation. These changes take effect from 26 January 1982, the same date the Shipping Registration Act 1981 comes into operation. The application and scope of these regulations can be further defined or extended through subordinate instruments, ensuring the legislation remains responsive to changes in maritime law and practice.
Key Provisions
The main operative sections of the Navigation (Distressed Seamen) Regulations (Amendment) concern the updating of terminology and references to align with the new ship registration regime under the Shipping Registration Act 1981 (sections 1-3). Specifically, the amendment seeks to replace references to British ships and the United Kingdom Merchant Shipping Act with Australian ships and the Shipping Registration Act. This includes altering sections such as section 4(1) to reflect the new conditions for ship registration and ownership under Australian law. Section 5(1) also updates the definition of terms like ‘port of registry’ to align with the new Act.
The obligations imposed by these amendments primarily involve ensuring that all references in the Navigation (Distressed Seamen) Regulations are consistent with the new legal framework established by the Shipping Registration Act 1981. Ship owners, operators, and other relevant parties must comply with the updated definitions and requirements set forth in the amended regulations. This includes updating records and documentation to reflect the new Australian ship registration system, thereby ensuring that all legal references and operational practices align with the new Act.
Failure to comply with the amended Navigation (Distressed Seamen) Regulations could result in significant legal consequences. While specific penalties are not outlined in the explanatory statement, breaches of regulations governing ship registration and operation can lead to enforcement actions under the Navigation Act 1912, including fines and potential criminal charges. The severity of penalties would depend on the nature and extent of the non-compliance, with serious breaches potentially resulting in substantial financial penalties and, in extreme cases, imprisonment for responsible individuals or entities.