Navigation (Marine Council) Regulations 1919 (Amendment)

Overview

The Statutory Rules 1945, No. 62, made under the Navigation Act 1912-1942, introduce amendments to the Navigation (Marine Council) Regulations. Enacted by the Governor-General in Council, these regulations were introduced to address the need for more flexible and effective governance within the Marine Council, allowing for better representation and continuity of the Council's activities. The amendments provide for the appointment of deputies to Marine Council members, granting them the same powers and functions in the event of the member's absence or illness, and ensure that the tenure of Council members is at the pleasure of the Minister. This legislative instrument aims to streamline decision-making processes within the Marine Council, thereby enhancing its operational efficiency and responsiveness to maritime needs.

Scope and Application

The Statutory Rules 1945 No. 62, made under the Navigation Act 1912-1942, introduce amendments to the Navigation (Marine Council) Regulations. These regulations apply to the members of the Marine Council, a body established under the Act to advise on maritime matters. The regulations specify that members of the Marine Council, excluding the Director, can have deputies appointed by the Minister to represent their interests, who can exercise all their powers and functions in the event of their absence or illness. This amendment ensures the continuity of the council’s operations and decision-making processes. Furthermore, the term of office for members of the Marine Council is now defined to be during the pleasure of the Minister, thereby granting the Minister flexibility in managing the council's composition. The regulations have a national reach, applying across the Commonwealth of Australia, and are subject to potential extensions or restrictions through subordinate instruments made under the authority of the Navigation Act 1912-1942.

Key Provisions

The main provisions of this legislative instrument concern amendments to the Navigation (Marine Council) Regulations, specifically altering definitions, membership, and terms of office. Firstly, the definition of “Minister” has been omitted from Regulation 2 (subsection 1). Secondly, Regulation 3 is amended to include sub-regulations that allow for the appointment of deputies for each member of the Marine Council, except the Director, to represent the same interests as the member in their absence or illness (subsection 2(5)). The deputies are empowered to exercise all the functions and powers of the members they represent, and any actions taken by a deputy cannot be challenged on the grounds of the member's absence or illness (subsection 2(6) and (7)). Finally, Regulation 4 has been repealed and replaced with a new regulation stating that members of the Marine Council shall hold office at the pleasure of the Minister (subsection 3). These amendments impose specific obligations on the parties involved. The Minister is granted the authority to appoint deputies for Marine Council members, ensuring that the council's interests are continuously represented. Members of the council must ensure that their deputies are adequately briefed and empowered to act on their behalf if necessary. Furthermore, the regulation that members hold office at the pleasure of the Minister establishes a flexible framework for the council's composition and operations. There are no explicit offences, penalties, or consequences for breaches stated in this legislative instrument. However, the establishment of the deputies' roles and powers implies a level of accountability and responsibility for the actions taken by these individuals. Any misuse of power or failure to adequately fulfil the duties of a deputy could potentially lead to disciplinary actions or removal from office, although these specific consequences are not detailed within the text.