EXPLANATORY STATEMENT
STATUTORY RULE NO. 317 OF 1985
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT NAVIGATION ACT 1912
NAVIGATION (LIMITATION OF SHIPOWNERS’ LIABILITY) REGULATIONS (AMENDMENT)
Sub-section 336(1) of the Navigation Act 1912 (‘the Act’) provides, in part, that the regulations may prescribe matters that are necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the applied provisions of the International Convention relating to the limitation of the liability of owners of sea-going ships (‘the Limitation Convention’).
Sub-section 336(1) of the Act further provides, in particular, that the regulations may make provision for and in relation to the ascertainment of the tonnage of ships, including the estimation of the tonnage of ships in circumstances where it is not possible or reasonably practicable to measure their tonnage.
The Navigation (Limitation of Shipowners’ Liability) Regulations (‘the Regulations’) were made pursuant to that sub-section.
The Navigation Amendment Act 1979 inserted into the Act Part VIII - Limitation and Exclusion of Shipowners’ Liability. Sub-section 336(1) of the Act, up until 22 August 1982, included transitional provisions which, following the coming into force of Part XA of the Act, were removed. As a consequence, the Regulations, which reflect the transitional provisions of sub-section 336(1), need amendment.
Details of the regulations are as follows:
Regulation 1 provides that the amending Regulations commence on 3 December 1985 to coincide with the commencement of other amending Regulations (refer Dept Minute No 18 of 1985).
Regulation 2 cites the principal Regulations.
Existing sub-regulation 2(2) and existing regulation 3, which established prescribed classes of ships for the purposes of the transitional provisions of sub-section 336(1) of the Act, are repealed by regulations 3 and 4 respectively.
Existing regulation 4 provides for the ascertainment of tonnage of ships for the purpose of determining liability in accordance with the Limitation Convention but does not take account of the International Convention on Tonnage Measurement of Ships, 1969 (‘The Tonnage Convention’), recently adopted by Australia.
Regulation 4 repeals existing regulation 4 and inserts a new regulation 3 which, in effect, expands existing regulation 4 to also allow ascertainment of tonnage of ships subject to the Tonnage Convention.