Navigation (Marine Council and Committees of Advice) Regulations (Amendment)

Overview

The Navigation (Marine Council and Committees of Advice) Regulations (Amendment) 1990 No. 108 was enacted to amend the Navigation Act 1912 and was introduced to address the need for the rationalisation of the tripartite consultative bodies under the Act. These bodies, namely the Crew Accommodation Committee, Committee of Advice, and the Marine Council, were to have their functions incorporated into one body, the Marine Council. This amendment was initiated by Sections 43 and 46 of the Transport and Communications Legislation Amendment Act (No. 2) 1989, which commenced on 1 June 1990. The objective of this amendment, as stated in the explanatory statement, is to streamline the consultation process and improve efficiency within the maritime sector by centralising the functions of these bodies under the Marine Council. The enacting body for this regulation is the Australian Parliament, through the Transport and Communications Legislation Amendment Act (No. 2) 1989. The policy objective, as expressed in the explanatory statement, is to rationalise the tripartite consultative bodies under the Navigation Act 1912 by incorporating their functions into the Marine Council. The resulting amendments to the Navigation (Marine Council and Committees of Advice) Regulations were necessary to reflect these changes and ensure the continued effective administration of maritime affairs.

Scope and Application

The Navigation (Marine Council and Committees of Advice) Regulations (Amendment) 1990 No. 108 amends the Navigation Act 1912 by consolidating the functions of the Crew Accommodation Committee, Committee of Advice, and Marine Council into a single entity, the Marine Council. This legislative amendment applies to any person or entity involved in maritime activities within Australia’s jurisdictional waters and aims to streamline the consultative processes concerning maritime navigation and safety. The amendment, which came into effect on 1 June 1990, was necessitated by the Transport and Communications Legislation Amendment Act (No. 2) 1989. The amendment ensures that the Marine Council, established under Section 424 of the Principal Act, has the requisite regulatory framework to conduct its business and exercise its powers and functions. The Regulations themselves, under Section 425 of the Principal Act, have been updated to reflect the restructuring by omitting references to the now redundant Committees of Advice and introducing provisions for Marine Council members to participate in meetings via telephone or electronic means. These regulations govern the manner in which the Marine Council conducts its business and exercise its powers and functions, ensuring they remain effective and relevant to contemporary maritime practices.

Key Provisions

The Navigation (Marine Council and Committees of Advice) Regulations (Amendment) 1990 No. 108 modifies the Navigation Act 1912 to streamline the tripartite consultative bodies under the Act by consolidating the roles of the Crew Accommodation Committee, the Committee of Advice, and the Marine Council into one entity, the Marine Council (section 43 and 46). The main operative sections of these amendments, which commence on 1 June 1990, are sections 43 and 46 of the Transport and Communications Legislation Amendment Act (No. 2) 1989. The Marine Council, as established under section 424 of the Principal Act, now encompasses the functions previously held by the other committees, necessitating adjustments to the regulatory framework governing its conduct and operations. These regulations impose specific obligations on the Marine Council and its members. They must conduct their business and exercise their powers and functions in accordance with the amended regulations (section 424). Regulation 5, in particular, introduces new provisions that allow members of the Marine Council to participate in meetings via telephone or electronic means, thereby enhancing flexibility and efficiency in decision-making processes. Moreover, the amendments require the Marine Council to adhere to the provisions outlined in the regulations, which govern the conduct of meetings and the manner in which the Council exercises its powers and functions. In terms of compliance and enforcement, the regulations specify the consequences for non-compliance with the amended provisions. While the explanatory statement does not detail specific offences or penalties for breaches, it is clear that any deviation from the stipulated regulations would be subject to the overarching legal framework provided by the Navigation Act 1912. Generally, breaches of regulations under the Navigation Act can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the specific provisions contravened. The precise penalties would be determined by the courts, taking into account the nature and circumstances of the offence.