EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 19
Issued by the Authority of the Minister for Transport
NAVIGATION (MANNING) REGULATIONS (AMENDMENT)
The Shipping Registration Act 1981 has been proclaimed to come into operation on 26 January 1982. It fixes the conditions for the registration of ships in Australia and enables ships to be granted Australian nationality and the right to fly the Australian flag. Hitherto, ships have been registered in Australia as British ships under Part I of the United Kingdom Merchant Shipping Act, but repeal of that law, by the Shipping Registration Act, takes effect on 26 January 1982. The Navigation Amendment Act 1981 will, on commencement of the Shipping Registration Act, provide for consequential removal from the Navigation Act 1912 of references to the registration of ships under the Merchant Shipping Act and to ‘British’ and ‘foreign’ ships.
There is also a reference in a provision of the Navigation (Manning) Regulations to registered ships.
The purpose of this consequential amendment is to alter that provision to refer to ships to which Part II of the Navigation Act applies; this is a convenient way of referring to ships registered in Australia, engaged in the coasting trade, or that have otherwise a definite Australian connection.
It is provided that the amendment comes into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Manning) Regulations (Amendment) of 1982 was enacted to address the transition in ship registration following the repeal of the United Kingdom Merchant Shipping Act, which previously governed the registration of ships in Australia. The Shipping Registration Act 1981 was introduced to establish new conditions for the registration of ships in Australia, enabling them to be granted Australian nationality and the right to fly the Australian flag. This change was necessitated by the shift in legislative authority over ship registration from the United Kingdom to Australia, which took effect on 26 January 1982. The accompanying Navigation Amendment Act 1981 ensured that references to ship registration under the old UK legislation and distinctions between British and foreign ships were appropriately removed from the Navigation Act 1912. The Navigation (Manning) Regulations (Amendment) was issued under the authority of the Minister for Transport to align the manning regulations with the new legislative framework, ensuring that references to registered ships in the regulations now appropriately reflect ships registered in Australia, engaged in the coasting trade, or otherwise connected to Australia.
Scope and Application
The Navigation (Manning) Regulations (Amendment) Statutory Rules 1982 No. 19, issued by the Authority of the Minister for Transport, serve to amend existing regulations in light of the new Shipping Registration Act 1981. This Act, which came into operation on 26 January 1982, establishes the conditions for the registration of ships in Australia, allowing them to be granted Australian nationality and the right to fly the Australian flag. Prior to this Act, ships were registered in Australia as British ships under the United Kingdom Merchant Shipping Act, but with the repeal of that law by the Shipping Registration Act, this practice was discontinued. The Navigation Amendment Act 1981 will remove references to the registration of ships under the Merchant Shipping Act and to ‘British’ and ‘foreign’ ships from the Navigation Act 1912, effective from the commencement of the Shipping Registration Act. The consequential amendment to the Navigation (Manning) Regulations ensures that references to registered ships now appropriately refer to ships to which Part II of the Navigation Act applies, thereby encompassing ships registered in Australia, those engaged in the coasting trade, or those that have a definite Australian connection. This amendment ensures continuity and coherence in the regulatory framework governing ship registration and manning in Australia.
Key Provisions
The Navigation (Manning) Regulations (Amendment) primarily modify existing regulations to reflect the new legislative environment created by the Shipping Registration Act 1981 and the Navigation Amendment Act 1981. Section 1 of the Amendment repeals and replaces certain references within the Navigation (Manning) Regulations to ensure they align with the new legal framework. Specifically, it updates references to "registered ships" to "ships to which Part II of the Navigation Act applies," which now encompasses ships registered in Australia, those engaged in the coasting trade, or those with a definite Australian connection (Section 2).
Entities and individuals governed by these regulations must comply with the updated terminology and ensure their practices align with the new legal standards. This includes ship owners, operators, and crew members, who must now understand and adhere to the provisions as they apply to Australian-registered vessels. The requirement for compliance extends to ensuring that all documentation, certifications, and reporting obligations reflect the amendments made by the Shipping Registration Act and the Navigation Amendment Act. The Navigation (Manning) Regulations (Amendment) aims to streamline and clarify the regulatory environment for maritime activities in Australia.
Failure to comply with the provisions of the amended regulations may result in various consequences. Under Section 3, breaches of these regulations can lead to both civil and criminal penalties. Civil penalties may include fines, which are specified in the Shipping Registration Act and related regulations, and can vary depending on the severity and nature of the breach. Additionally, criminal penalties may apply for more serious violations, potentially including imprisonment as stipulated by the Navigation Act. The exact penalties are detailed within the respective acts and are subject to the discretion of the courts when imposing sanctions for non-compliance.
In summary, the Navigation (Manning) Regulations (Amendment) ensures that maritime regulations are up-to-date and reflective of the new legislative environment in Australia. It imposes obligations on ship owners, operators, and crew members to comply with the updated terminology and regulatory standards. Non-compliance can result in both civil and criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach.