Statutory Rules
1978 No. 123
REGULATION 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 Regulation 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 (HEALTH) REGULATIONS†
Schedule 7
Schedule 7 to the Navigation (Health) Regulations is amended—
(a) by omitting from the heading to clause III “ ¼ POUND ” and substituting “ 100 GRAM ”;
(b) by omitting from paragraph 5 of clause III “ ¼ pound ” and substituting “ 100 gram ”;
(c) by omitting from paragraph 7 of clause III “ 60 grains ” and substituting “ 4 grams ”;
(d) by omitting from paragraph 7 of clause III “ 200 gallons ” and substituting “ 1000 litres ”;
(e) by omitting from the heading to clause IV “ 10 POUND ” and substituting “ 4.5 KILOGRAM ”;
(f) by omitting from the first paragraph of clause IV “ one gallon ” and substituting “ 1 litre ”;
(g) by omitting from the first paragraph of clause IV “ 10 pounds ” and substituting “ 1 kilogram ”;
* Notified in the Commonwealth of Australia Gazette on 13 July 1978.
† Statutory Rules 1962, No.72 as amended by Statutory Rules 1965, No. 106; 1967, No. 63; 1974, No. 215; 1976, No. 279; and 1977, Nos. 227 and 268.
(h) by omitting from the second paragraph of clause IV “ 10 pounds ” and substituting “ 4.5 kilograms ”;
(i) by omitting from clause V “ two gallons ” and substituting “ 10 litres ”; and
(j) by omitting from clause V “ ten gallons ” and substituting “ 50 litres ”.
Overview
Statutory Rules 1978 No. 123, made under the Navigation Act 1912, introduces amendments to the Navigation (Health) Regulations, updating various measurements to metric units. This legislative instrument was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The objective of this regulation is to modernise the existing regulations by aligning them with the metric system, thereby improving clarity and consistency in compliance with health standards for maritime activities. The amendments aim to streamline the application of these regulations in the shipping industry, facilitating easier and more precise adherence to health standards by substituting imperial measurements with their metric equivalents.
Scope and Application
The Navigation (Health) Regulations 1978, under the Navigation Act 1912, apply to vessels and their crew operating within Australian waters, including territorial waters and the internal waters of the Commonwealth. The legislation is designed to ensure the health and safety of people on board vessels by setting specific standards and requirements. The Regulations amend existing measures by updating units of measurement to metric equivalents, ensuring consistency and clarity in compliance. The application of these Regulations extends to all vessels navigating within Australian jurisdiction, regardless of the vessel's flag state, and includes both commercial and recreational vessels. There are no explicit exclusions mentioned in the legislative instrument, suggesting that the Regulations apply broadly to all relevant vessels and crew members. The scope of the Regulations may also be extended or further specified through additional subordinate instruments or amendments, as per the provisions of the Navigation Act 1912.
Key Provisions
The main operative sections of Statutory Rules 1978 No. 123 pertain to the amendments of the Navigation (Health) Regulations under the Navigation Act 1912. Specifically, Schedule 7 of the Regulations is modified to update certain weight and volume measurements from imperial units to metric units. For example, clause III of the Regulations is altered to change references from "¼ pound" to "100 gram," "60 grains" to "4 grams," "200 gallons" to "1000 litres," and so forth. Similarly, clause IV and V are updated to replace "10 pound" with "4.5 kilogram," "1 gallon" with "1 litre," and "two gallons" with "10 litres." These changes ensure consistency and clarity in the regulatory language by adopting universally recognised metric standards.
The amendments impose clear obligations on entities governed by the Navigation Act 1912. These entities must now comply with the updated weight and volume measurements as stipulated in the amended Schedule 7. This includes updating any documentation, signage, and operational procedures to reflect the new metric values. For instance, businesses involved in the transportation or handling of goods subject to these regulations must ensure that their practices and records align with the revised standards. Failure to comply with these updated metrics could result in non-compliance with the Act, potentially leading to enforcement actions or penalties.
In terms of offences and penalties, breaches of the Navigation Act 1912 and its associated regulations can lead to both civil and criminal consequences. While the specific penalties are not detailed in the Statutory Rules 1978 No. 123, general provisions of the Navigation Act 1912 outline potential fines and imprisonment for non-compliance. For example, individuals or companies found guilty of violating the Act may face substantial fines, and in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any previous history of non-compliance. It is crucial for entities to adhere to the updated regulations to avoid these potential repercussions.