EXPLANATORY STATEMENT
Issued by the authority of the Minister for Shipping and Aviation Support
Subject - Navigation Act 1912
Navigation (Marine Council and Committees of Advice) Regulations (Amendment)
1990 No. 108
Sections 43 and 46 of the Transport and Communications Legislation Amendment Act (No. 2) 1989, which commence on 1 June 1990, amend the Navigation Act 1912 (the Principal Act) to provide for the rationalisation of tripartite consultative bodies under the Act by incorporating Crew Accommodation Committee, Committee of Advice and Marine Council functions in the one body, namely the Marine Council
The amendments of the Principal Act were expressed to commence on a day or days to be fixed to permit the preparation of necessary amendments to regulations.
Section 424 of the Principal Act provides for the establishment of the Marine Council and for regulations to make provision for or in relation to such matters as the manner in which the Marine Council may conduct its business and exercise its powers and functions.
Section 425 of the Principal Act provides that the Governor-General may make regulations prescribing all matters which by the Act are permitted or required 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.
The Navigation (Marine Council and Committees of Advice) Regulations are made under those sections.
It is necessary that the Regulations be amended to reflect the abovementioned amendments of the Principal Act.
Details of the amending Regulations are as follows:
(a) Regulation 1 provides that the amending Regulations commence on 1 June 1990;
(b) Regulation 2 defines “Principal Regulations” for the purposes of the amending Regulations;
(c) Regulations 3 and 4 omits reference to “Committees of Advice” in regulations 1 and 3 of the Principal Regulations, respectively; and
(d) Regulation 5 omits regulations 6, 7 and 8 of the Principal Regulations which provide for the membership and conduct of meetings of Committees of Advice; and
(e) Regulation 5 also inserts a new regulation 6 permitting members of Marine Council to participate in meetings by telephone or electronic means.