EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 155
Issued by the Authority of the Minister for Transport and Communications
Subject - Navigation Act 1912
Navigation (Marine Council and Committees of Advice)
Regulations (Amendment)
Subsection 425(1) of the Navigation Act 1912 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 424(9) of the Act provides that the regulations may make provision for and in relation to the manner in which the Marine Council may exercise its powers and functions.
The Navigation (Marine Council and Committees of Advice) Regulations (the Regulations) are made pursuant to those subsections.
Section 6 of the Transport Legislation Amendment Act 1988 (the Amendment Act) was proclaimed to commence on 1 July 1988.
Section 6 of the Amendment Act amends the Act by inserting new section 47 which provides:
(1) The Marine Council may determine that the character of a person is such, or the conduct of a person has been such, that the person is unsuitable for engagement as a seaman.
(2) The Marine Council shall revoke the determination if it is satisfied that the person is no longer unsuitable for engagement as a seaman.
(3) The Marine Council shall exercise its powers under subsections (1) and (2) in accordance with prescribed principles.
The amending regulations will insert at the end of the Regulations new regulation 9 which prescribes, for the purposes of subsection 47(3) of the Act, the principles in accordance with which the Marine Council shall exercise its powers under subsections 47(1) and (2) of the Act.
As section 47 of the Act did not come into operation until 1 July 1988, it was necessary for the amending regulations to be made pursuant to section 4 of the Acts Interpretation Act 1901. That Act provides that regulations may be made as if the empowering provision of the Act had come into operation but the regulations shall not come into effect until the empowering provision of the Act comes into operation.
Overview
The Navigation (Marine Council and Committees of Advice) Regulations (Amendment) 1988 were introduced to implement changes to the Navigation Act 1912, specifically addressing the new powers granted to the Marine Council regarding the suitability of individuals for engagement as seamen. Enacted by the Parliament of Australia, these regulations were necessary to provide the legal framework for the Marine Council to make determinations on the character and conduct of individuals, ensuring they are fit for seaman roles, and to establish the principles under which these determinations are made and revoked. The policy objective behind this legislative amendment is to enhance maritime safety and standards by ensuring that only suitable individuals are engaged as seamen, thereby maintaining the integrity and safety of maritime operations.
These amending regulations, issued under the authority of the Minister for Transport and Communications, were crafted to align with the new provisions introduced by the Transport Legislation Amendment Act 1988, ensuring that the regulatory environment supports the updated legislative framework. The Regulations were made to come into effect from 1 July 1988, in line with the commencement date of the new section 47 of the Navigation Act 1912, reflecting the legislative intent to provide a seamless transition to the new regulatory standards for maritime personnel suitability.
Scope and Application
The Navigation (Marine Council and Committees of Advice) Regulations (Amendment) concern the operational framework and authority of the Marine Council under the Navigation Act 1912. This Act applies to the Marine Council and its various committees of advice, tasked with making regulations necessary for the Act's implementation. The regulations are designed to provide clarity and guidance on how the Marine Council may exercise its powers and functions, particularly in relation to determining the unsuitability of individuals for seaman engagement, a power granted by section 47 of the Act. The regulations are applicable nationally across Australia, extending the jurisdictional reach to all maritime activities and entities subject to the Navigation Act. These regulations do not explicitly state exclusions or thresholds, but they are contingent upon the provisions and principles set forth by the Act and any subsequent amendments. The application of the Act and these regulations is further extended or restricted through subordinate instruments as necessary, ensuring compliance with maritime safety and standards.
Key Provisions
The main operative sections of these amending regulations, which were made under the Navigation Act 1912 (the Act), include the introduction of new regulation 9. This regulation prescribes the principles in accordance with which the Marine Council shall exercise its powers under section 47(1) and (2) of the Act. Section 47(1) allows the Marine Council to determine if a person is unsuitable for engagement as a seaman based on the character of the person or their conduct, while section 47(2) mandates the revocation of such a determination if the Marine Council is satisfied that the person is no longer unsuitable for such engagement. These provisions give the Marine Council the authority to make such determinations in a structured and principled manner.
The obligations and requirements imposed by these regulations on the Marine Council are quite significant. The Council is mandated to follow prescribed principles when determining the unsuitability of a person for seaman engagement and when revoking such a determination. These principles are detailed in regulation 9, which ensures that the Marine Council's decisions are fair, consistent, and transparent. The Council must also adhere to these principles when exercising its powers under the new section 47 of the Act, which was inserted by the Transport Legislation Amendment Act 1988.
Failure to comply with the obligations and requirements set out in the regulations can lead to various consequences. Although the regulations themselves do not detail specific offences or penalties, breaches of the Act or the regulations could result in legal action under the general provisions of the Act. This might include administrative penalties, fines, or other civil or criminal consequences as determined by a court. The exact penalties for non-compliance would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any related legislation.