EXPLANATORY STATEMENT
Statutory Rules 1986 No. 225
Issued by the Authority of the Minister for Transport
Navigation (Master and Seamen) Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) provides, in part, 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 or for the conduct of any business under the Act.
The Navigation (Master and Seamen) Regulations (‘the Regulations’) are made pursuant to that sub-section, prescribing matters for the purposes of Part II (Masters and Seamen) of the Act.
Amendments of the Act made by sub-section 2(16) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 (‘the Amending Act’) commenced on 1 September 1986.
The Regulations achieve the intended result of the amendments to the Act and coincide with the commencement of those amendments.
Details of the amending regulations are as follows:
Sub-regulation 1(1) provides that regulations 3, 4 and 5 come into operation on 1 September 1986.
Regulation 2 cites the principal Regulations.
Regulation 3 amends existing regulation 7 by omitting reference to sub-section 115(1) of the Act, as section 115 is repealed by the Amending Act.
Regulation 4 repeals existing regulations 15, 16 and 17, as those regulations prescribe matters pursuant to section 115 of the Act.
Regulation 5 amends existing Schedule 2 by:
(a) omitting from Form 3 reference to existing regulation 17 and by omitting reference to the empowering sections in the Act, in accordance with current legislative drafting principles; and
(b) omitting from Part II of Form 3 paragraph 7 and the table, as that paragraph and table is reliant on section 115 of the Act.
The fees under the Regulations for services provided to the maritime industry were last adjusted in October 1985. In accordance with the Government’s policy of cost-recovery in relation to such services, regulation 6 increases the fees under the Regulations by 25%.
Sub-regulation 1(2) provides that regulation 6 comes into operation on 1 October 1986.