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Regulation 3 amends existing regulation 7 by omitting reference to sub-section 115(1) of the Act, as section 115 is repealed by the Amending Act.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.
Overview
The Navigation (Master and Seamen) Regulations (Amendment) 1986 are a set of amendments to the existing Navigation (Master and Seamen) Regulations, introduced to align the regulations with recent amendments to the Navigation Act 1912. The amendments were made pursuant to sub-section 425(1) of the Navigation Act, allowing the Governor-General to make regulations necessary for carrying out the Act. These amendments were necessitated by changes enacted via sub-section 2(16) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, which commenced on 1 September 1986. The objective of these regulatory amendments is to ensure that the regulatory framework remains consistent with the statutory changes and continues to function effectively within the maritime industry. In addition, the amendments include an increase in fees for services provided to the maritime industry by 25%, reflecting the Government’s policy of cost-recovery for such services.
Scope and Application
The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rules 1986 No. 225 applies to matters prescribed under Part II (Masters and Seamen) of the Navigation Act 1912, affecting the maritime industry, masters, and seamen within the Commonwealth of Australia. The scope of the regulations encompasses the conduct and business of maritime operations, ensuring compliance with updated legislative requirements following amendments made by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986. The Regulations specifically address and amend existing provisions to reflect the repeal of certain sections of the Act, such as section 115, and update forms and fee structures to align with current legislative drafting principles and cost-recovery policies. This amendment ensures that maritime industry practices and regulatory oversight remain consistent with contemporary legal standards and operational needs.
Key Provisions
The Navigation (Master and Seamen) Regulations (Amendment) (No. 2) Statutory Rules 1986 No. 225, made under the authority of the Minister for Transport, amend the Navigation (Master and Seamen) Regulations. These amendments are necessary to align the Regulations with recent changes to the Navigation Act 1912, ensuring that the Regulations remain consistent and effective in governing maritime activities. Key provisions include the repeal of certain regulations and the amendment of others to reflect the changes made by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986. Regulation 3, for instance, omits references to the repealed section 115 of the Act, and Regulation 4 repeals regulations 15, 16, and 17, which were based on the now-repealed section. Furthermore, Regulation 5 updates Schedule 2 by removing references to the repealed section and aligning the forms with current legislative drafting principles.
These amendments impose specific obligations on maritime businesses and individuals. For example, masters and seamen must now comply with the updated Regulations, which govern their licensing, qualifications, and other requirements. The changes ensure that the maritime industry adheres to the latest legal standards and practices, promoting safety and efficiency in navigation and seafaring activities. The Regulations also require that any forms and documents used in the industry be updated to reflect the legislative changes, ensuring consistency and clarity in the application of the law.
Failure to comply with the amended Regulations may result in legal consequences. While the explanatory statement does not detail specific offences or penalties, it is likely that breaches of the Navigation (Master and Seamen) Regulations could lead to fines, penalties, or other legal actions under the Navigation Act 1912. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional legislative provisions. Given the importance of maritime safety and regulatory compliance, it is crucial for all parties involved to familiarise themselves with the updated Regulations and ensure adherence to the prescribed standards.