Navigation (Master and Seamen) Regulations (Amendment)

Overview

The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rule 1982 was introduced to address the need for updating the location where the General Register of Seamen is maintained, as prescribed by the Navigation Act 1912. This amendment was enacted to reflect the change in the location of the register from Melbourne to Canberra, ensuring that the regulations remain current and accurate in their reference to where the register is kept. The amendment was issued by the authority of the Minister of State for Transport and Construction, aiming to maintain the efficiency and effectiveness of the regulatory framework governing the conduct of business under the Navigation Act. The policy objective of this amendment is to ensure that the administrative details of the seafaring profession are properly aligned with current practices and locations.

Scope and Application

The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rule No. 396 of 1982, issued under the authority of the Minister of State for Transport and Construction, pertains to the amendment of existing maritime regulations in Australia. Specifically, the amendment concerns the location of the General Register of Seamen, which is a vital record of maritime personnel required under section 12 of the Navigation Act 1912. Initially stipulated to be maintained in Melbourne as per sub-regulation 4(1), the amendment updates the location to Canberra, reflecting the relocation of the register. This change is necessary to ensure the regulations remain consistent with current administrative practices. The amendment applies to entities involved in maritime operations and individuals such as masters and seamen who are subject to the Navigation Act, ensuring that the updated information aligns with the legal requirements for maritime personnel records. The amendment extends to the Commonwealth of Australia, given that the Navigation Act 1912 is a federal statute, and the regulation updates are issued under the authority of the Minister for Transport and Construction. The amendment does not introduce any new exclusions, exemptions, or thresholds; rather, it rectifies a geographical reference within the existing regulatory framework. Subordinate instruments may further extend or restrict the application of these regulations, but the primary focus of this amendment is the precise administrative update of the General Register of Seamen’s location.

Key Provisions

The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rule No. 396 of 1982 amends the existing regulations to reflect a change in the location where the General Register of Seamen is maintained. Specifically, sub-regulation 4(1) of the Navigation (Master and Seamen) Regulations, which previously stated that the General Register of Seamen should be kept in Melbourne, is amended to specify that it is now to be kept in Canberra. This change is necessitated by the relocation of the register and is in accordance with the powers granted under section 425 of the Navigation Act 1912. This section allows the Governor-General to make regulations that are required or necessary for carrying out the Act, provided they are not inconsistent with it. Under the amended regulations, it is now a requirement that the General Register of Seamen be kept in Canberra. This is a specific directive that must be followed by all parties or entities responsible for maintaining the register. The obligation on these parties is to ensure that the register is accurately maintained in the prescribed location, which is now Canberra, as opposed to the previous location, Melbourne. This change is intended to streamline the process and ensure that the register is centrally located for easier access and management. Failure to comply with the amended regulations can result in legal consequences. Although the specific penalties for non-compliance are not detailed in the statutory rule itself, under the Navigation Act 1912, there are provisions for penalties and enforcement mechanisms that could apply. For example, breaches of regulations made under the Act could potentially lead to fines or other penalties as determined by the relevant authorities. The exact nature and extent of these penalties would depend on the specific circumstances and the provisions of the Act. It is essential for those governed by these regulations to adhere to the new requirements to avoid any legal repercussions.