EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 120
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE
FOR TRANSPORT
NAVIGATION (HEALTH) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
Sub-section 425(1) further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to the protection of the health of persons on board ships and to the fixing of fees to be paid in respect of any matters under orders made in pursuance of the regulations. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
Marine Orders, Part 2 (Fees) and Part 9 (Health - Medical Fitness) which came into operation on 1 August 1983 replaced, in part, the Navigation (Health) Regulations. Marine Orders, Part 2 (Fees) replaced Regulation 4 and Marine Orders, Part 9 (Health - Medical Fitness) replaced Regulations 5 and 6. These orders caused Regulations 4, 5 and 6 of the Navigation (Health) Regulations to become redundant.
The amendments of the Navigation (Health) Regulations repealed Regulations 4, 5 and 6 as from 1 August 1983.
Overview
The Navigation (Health) Regulations (Amendment) 2004, issued under the authority of the Minister of State for Transport, was enacted to address the redundancy of certain regulations within the Navigation Act 1912. These regulations had been superseded by the introduction of Marine Orders, specifically Part 2 (Fees) and Part 9 (Health - Medical Fitness), which took effect from 1 August 1983. The primary aim of these amendments was to streamline the regulatory framework by repealing redundant provisions and ensuring that the regulations remain aligned with the overarching objectives of the Navigation Act. This amendment reflects a policy objective to enhance the efficiency and relevance of maritime health regulations in Australia by modernising the legislative instruments governing health and fees related to ships.
The Parliament enacted these amendments to ensure that the Navigation (Health) Regulations remain effective and up-to-date with current maritime practices and health standards. By repealing the outdated regulations and integrating the provisions into the Marine Orders, the amendments aim to provide a more coherent and accessible regulatory structure for the protection of health on ships and the collection of related fees.
Scope and Application
The Navigation (Health) Regulations (Amendment) Statutory Rules 1983 No 120, issued under the authority of the Minister of State for Transport, pertain to the Navigation Act 1912. These regulations apply to individuals, entities, and industries involved in maritime activities within Australia, with a particular focus on the health of persons on board ships. They are designed to provide necessary and convenient provisions for carrying out or giving effect to the Act, including the protection of health and the fixing of fees associated with medical fitness on ships. The jurisdictional reach of these regulations is national, applying across the Commonwealth of Australia. The regulations also extend their application through the Marine Orders, which include provisions that would otherwise appear in regulations under the Act. Notably, these amendments repealed certain existing regulations, rendering them redundant as of 1 August 1983, and were replaced by Marine Orders, Part 2 (Fees) and Part 9 (Health - Medical Fitness).
Key Provisions
The Navigation (Health) Regulations (Amendment) Statutory Rules 1983 No 120, issued under the authority of the Minister of State for Transport, primarily concern the replacement and repeal of existing regulations. The main operative sections of these regulations, as referenced in section 425(1) of the Navigation Act 1912, permit the Governor-General to create regulations that are necessary for carrying out or giving effect to the Act, including the protection of health on ships and the fixing of fees related to these matters. These regulations have resulted in the replacement of certain sections of the Navigation (Health) Regulations with new Marine Orders. Specifically, Marine Orders Part 2 (Fees) and Part 9 (Health - Medical Fitness) have come into effect, superseding the previous Regulations 4, 5, and 6 of the Navigation (Health) Regulations as of 1 August 1983.
The amended regulations impose obligations on relevant parties to comply with the new Marine Orders. These orders now govern the fees to be paid for health-related services on ships, as well as the medical fitness requirements for seafarers. The new provisions ensure that all fees and health-related standards are clearly defined and adhered to, ensuring the health and safety of individuals on board ships are maintained in accordance with the updated regulatory framework. This includes any necessary certifications or documentation that must be provided to comply with these regulations.
In terms of breaches and penalties, the amended regulations do not explicitly detail the specific consequences for non-compliance with the new Marine Orders. However, general provisions under the Navigation Act 1912 can be applied, which may include fines and other civil or criminal penalties for failure to comply with the health and fee-related requirements. These penalties could vary depending on the severity of the breach and the discretion of the enforcing authorities. For example, penalties might range from administrative fines to more severe criminal sanctions if the breach significantly endangers the health and safety of individuals on board ships.