STATUTORY RULES.
1941. No. 44.
REGULATIONS UNDER THE NAVIGATION ACT 1912–1935.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912–1935.
Dated this twenty sixth day of February, 1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce.
Amendment of the Navigation (Grain, Coal and Ballast) Regulations.†
After regulation 40 of the Navigation (Grain, Coal and Ballast) Regulations, the following regulation is inserted:—
Exemption from inspection and refund of fees.
“40a. Where the Deputy Director is satisfied that such circumstances exist as render impracticable compliance with any requirement of this Part with respect to the survey or inspection of a ship or her fittings, he may, by writing under his hand, direct that the requirement shall not apply in relation to the ship and may authorize the refund of any fees paid in advance for any survey or inspection which, by reason of the direction, is not required to be made.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1926, No. 106, as amended by Statutory Rules 1928, No. 137.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
541.—6/24.1.1941.—Price 3d.
Overview
The Statutory Rules 1941, No. 44, made under the Navigation Act 1912–1935, address the need to provide flexibility in the enforcement of inspection and survey requirements for ships carrying grain, coal, and ballast. Enacted by the Governor-General in Council, this legislative instrument introduces a regulation that allows the Deputy Director to exempt certain ships from inspection and refund fees where compliance is impractical. The regulation aims to balance the need for maritime safety with the practical realities faced by ship operators, thereby facilitating smoother operations while maintaining the overall integrity of maritime regulations. This amendment reflects a policy objective of adapting regulatory requirements to real-world conditions without compromising safety standards.
Scope and Application
The Statutory Rules 1941, No. 44, which amend the Navigation (Grain, Coal and Ballast) Regulations under the Navigation Act 1912–1935, apply to the Deputy Director of Navigation and other relevant officers who are charged with enforcing the survey and inspection requirements of ships carrying grain, coal, and ballast. These regulations are applicable to any ship within the territorial waters of Australia and any ports or harbours where such inspections are mandated by the Act. The regulations allow for the exemption from inspection and the refund of fees if the Deputy Director determines that compliance with inspection requirements is impracticable due to specific circumstances. This provision extends the scope of the Act by providing flexibility in exceptional cases, ensuring that while the primary aim of ensuring maritime safety and compliance is maintained, undue hardship is avoided in particular situations.
Key Provisions
The primary operative section of the Statutory Rules 1941, No. 44, introduces a new regulation (section 40a) under the Navigation (Grain, Coal and Ballast) Regulations. This regulation allows the Deputy Director to exempt a ship or its fittings from inspection if certain circumstances make compliance impracticable. Furthermore, it permits the Deputy Director to refund any fees paid in advance for an inspection that, due to the exemption, will not be conducted. This is a significant addition as it provides flexibility in cases where inspection might be unfeasible, such as in urgent situations or when the ship is not present in a port where inspection would typically occur.
The Act imposes several obligations on the Deputy Director and potentially other entities involved in maritime operations. The Deputy Director must assess whether the specified circumstances render compliance with inspection requirements impracticable. If satisfied, the Deputy Director can issue a written direction exempting the ship or its fittings from inspection. This decision-making process must be thorough and based on sound judgment to ensure that exemptions are granted only when truly necessary. Additionally, if fees have been paid in advance for an inspection that is subsequently waived, the Deputy Director is required to process the refund promptly and accurately.
Failure to comply with the provisions of this regulation could lead to various consequences, although specific offences and penalties are not detailed in the text provided. Generally, under maritime regulations, non-compliance could result in legal actions such as fines or other administrative penalties. The exact nature and severity of these consequences would depend on the specific circumstances and any additional legislation or regulations that might apply. The primary focus, however, is on ensuring that exemptions and refunds are handled in a fair and transparent manner, maintaining the integrity of the inspection process while accommodating legitimate cases of impracticability.