Navigation (Manning and Coasting Trade) Regulations (Amendment); Navigation (Supplementary) Regulations (Amendment)

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Legislation au F1996B04217 Regulations Not in force Legislative Instrument

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Statutory Rules

1975 No. 114

REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Navigation Act 1912-1973.

Dated this fifth day of June, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

C. K. JONES

Minister of State for Transport.

 

Amendment of the Navigation (Examination of Engineers) Regulations 1926†

Amendment of the Navigation (Manning and Coasting Trade) Regulations‡

Amendment of the Navigation (Master and Seamen) Regulations §

Amendment of the Navigation (Nuclear Ships) Regulations║

Amendment of the Navigation (Supplementary) Regulations¶

Navigation (Examination of Engineers) Regulations 1926.

1. Regulation 3 of the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting from the definition of “ the Secretary ” the words “ and Director-General of Civil Aviation ”.

Navigation (Manning and Coasting Trade) Regulation.

2. Regulation 4 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting from the definition of “ the Secretary ” in sub-regulation (1) the words “ and Director-General of Civil Aviation ”.

Navigation (Master and Seamen) Regulations.

3. Regulation 25 of the Navigation (Master and Seamen) Regulations is amended by omitting from sub-regulation (2) the words “ and Director-General of Civil Aviation ”.

 

* Notified in the Australian Government Gazette on 17 June 1975.

† Statutory Rules 1926, No. 177, as amended by Statutory Rules 1941, No. 128; 1963, No. 97; 1966, No. 27; 1968, No. 28; and 1974, No. 83.

Statutory Rules 1937. No. 104, as amended by Statutory Rules 1938, No. 78; 1940, No. 97; 1941 Nos. 5 and 23; 1942, Nos. 209 and 520; 1944, No. 133; 1945, No. 39; 1947, No. 30; 1948, No. 112; 1950, No. 90; 1953, No. 80; 1954, No. 39; 1963, No. 97; 1971, No. 63; and 1974, No. 83.

§ Statutory Rules 1963, No. 102 as amended by Statutory Rules 1964, No. 8; 1965, No. 111; 1967, No. 90; 1968, No. 117; 1974, No. 83; and 1975, No. 111.

║ Statutory Rules 1968, No. 38, as amended by Statutory Rules 1974, No. 83.

¶ Statutory Rules 1963, No. 98, as amended by Statutory Rules 1964, No. 38; 1965, No. 113: 1972 No 116; 1974, No. 83; and 1975, No. 112.


Navigation (Nuclear Ships) Regulations.

4. Regulation 2 of the Navigation (Nuclear Ships) Regulations is amended by omitting from the definition of “ the Secretary ” the words “ and Director-General of Civil Aviation ”.

Navigation (Supplementary) Regulations.

5. Regulation 2 of the Navigation (Supplementary) Regulations is amended by omitting from paragraph (a) of sub-regulation (1) the words “ and Director-General of Civil Aviation ”.

Overview

Statutory Rules 1975 No. 114, the Regulations under the Navigation Act 1912-1973, were enacted by the Governor-General of Australia, acting with the advice of the Executive Council. This legislation was introduced to address the need for updating and streamlining maritime regulations, ensuring they remained relevant and effective in governing maritime operations and safety. The regulations specifically amend existing sets of rules related to maritime engineering, manning and coasting trade, masters and seamen, nuclear ships, and supplementary provisions, primarily by removing references to the Director-General of Civil Aviation from definitions of "the Secretary". This adjustment reflects the evolving responsibilities and scope of maritime governance, ensuring clarity and specificity in regulatory oversight.

Scope and Application

The Legislative instrument F1996B04217 pertains to the Regulations under the Navigation Act 1912-1973, specifically amending various sets of regulations enacted under the Act. These regulations govern a range of maritime activities, including the examination of engineers, manning and coasting trade, master and seamen, nuclear ships, and supplementary provisions. The amendments primarily involve the removal of the reference to the Director-General of Civil Aviation from the definitions of "the Secretary" across these different sets of regulations. The scope of the Act encompasses various maritime personnel, vessels, and operations, ensuring compliance with national maritime standards and practices. The amendments do not explicitly state exclusions, exemptions, or thresholds, but they do refine the jurisdictional responsibilities by removing the Director-General of Civil Aviation from the purview of maritime regulatory functions. The jurisdictional reach of these regulations is national, applying to all maritime activities within Australia, including its territorial waters and any vessels registered under Australian law. The Regulations are intended to streamline the administrative framework and clarify the responsibilities of relevant authorities.

Key Provisions

The statutory instrument F1996B04217 consists of a set of amendments to various existing regulations under the Navigation Act 1912-1973. It removes references to the Director-General of Civil Aviation from the definitions of "the Secretary" in several regulations, including the Navigation (Examination of Engineers) Regulations 1926 (Regulation 3), Navigation (Manning and Coasting Trade) Regulations (Regulation 4), Navigation (Master and Seamen) Regulations (Regulation 25), Navigation (Nuclear Ships) Regulations (Regulation 2), and Navigation (Supplementary) Regulations (Regulation 2). This is done to streamline the definitions and potentially clarify the roles within the maritime sector by removing outdated references to the Director-General of Civil Aviation. The obligations imposed by these amendments are primarily administrative and pertain to the clarity and accuracy of the regulatory texts. By omitting the reference to the Director-General of Civil Aviation, the regulations aim to ensure that the roles and responsibilities within the maritime sector are clearly defined and updated. This change may have implications for how maritime operations are overseen and regulated, but it does not introduce new obligations beyond maintaining accurate and current regulatory texts. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for non-compliance with these amendments. Typically, non-compliance with maritime regulations could lead to fines, penalties, or other legal actions as stipulated in the broader Navigation Act 1912-1973, but these are not detailed in the amendments themselves. The primary focus of these amendments is on updating the regulatory language rather than introducing new enforcement mechanisms.

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Area of Law
Maritime Law
Instrument
Regulation
Concepts
Repeal & Amendment
Definitions & Interpretation
Regulatory Standards

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