EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 334
Issued by the Authority of the Minister for Transport
Subject: Navigation Act 1912 - Navigation (Loading and Unloading - Safety Measures) Regulations (Repeal)
Sub-section 425(1) of the Navigation Act (1912) (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters providing for and in relation to the testing of machinery and appliances for the loading and unloading of ships, the prevention of the use of defective machinery or appliances for the loading or unloading of ships and the protection of the health and the security from injury of persons engaged in the loading or unloading of ships.
The Navigation (Loading and Unloading - Safety Measures) Regulations (‘the Principal Regulations’) are made pursuant to that sub-section.
Sub-section 425(1) of the Act also provides that the Governor-General may make regulations empowering the Minister to make orders for and in relation to the loading and unloading of ships.
Sub-regulation 3(1) of the Navigation (Orders) Regulations empowers the Minister to make such orders.
Marine Orders, Part 32 (Cargo and Cargo Handling - Equipment and Safety Measures) has been made pursuant to the Navigation (Orders) Regulations and provides a contemporary code of safety for the loading and unloading of ships. Marine Orders, Part 32 is expressed to come into operation on 17 November 1986.
As Marine Orders, Part 32 effectively supersedes the Principal Regulations, it is necessary that the Principal Regulations be repealed with effect from that date.
Details of the repealing Regulations are as follows:
Regulation 1 provides that the repealing Regulations shall come into operation on 17 November 1986.
Regulation 2 repeals the Principal Regulations.