Navigation (Master and Seamen) Regulations (Amendment)

Overview

The Navigation Act 1912, enacted by the Parliament of Australia, was designed to regulate the navigation of ships within Australian waters and ensure maritime safety. The Act allows the Governor-General to make regulations necessary for the administration and enforcement of maritime laws, including the setting of fees for services provided to the maritime industry. The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rule No. 257 of 1985 was introduced to adjust the fees for services related to the engagement and discharge of seamen, certificates of service, and other maritime-related fees to reflect the increase in costs since the last adjustment in December 1984. This amendment aligns with the government's policy of cost recovery in maritime services, with an approximate 10% increase across most fees, and a compounded increase for certain fees since October 1981. These amendments came into effect on 1 October 1985, as detailed in the attachments to the Explanatory Statement.

Scope and Application

The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rule No. 257 of 1985, issued under the authority of the Minister of State for Transport, amends the Navigation (Master and Seamen) Regulations to adjust the fees payable to the Commonwealth in relation to the engagement and discharge of seamen, the issuance of certificates of service as a seaman, and other related fees for after-hours attendance, travelling time, postponed and cancelled services, and travelling expenses. These amendments apply across the Commonwealth of Australia and are applicable to all persons and entities involved in the maritime industry, including ship owners, operators, and masters of vessels, as well as seamen. The amendments reflect the government's policy of cost recovery and aim to cover the movement in costs since the last adjustment in December 1984, with the exception of certain specific regulations that reflect cost movements since October 1981. The amendments came into effect on 1 October 1985 and were made under the authority of Sub-section 425(1) of the Navigation Act 1912, which allows the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

Key Provisions

The main operative sections of the Navigation Act 1912, particularly as amended by Statutory Rule No. 257 of 1985, include provisions that adjust fees and charges for maritime services provided by the Commonwealth. These adjustments, outlined in various amended regulations, involve an across-the-board increase of approximately 10% for most services, effective from 1 October 1985. Specifically, the Navigation (Master and Seamen) Regulations (Amendment) (Attachment 8) increase fees related to the engagement and discharge of seamen, certificates of service, and other services such as after-hours attendance and travel expenses. These amendments are designed to reflect cost changes since the last adjustment in December 1984, except for the Navigation (Coasting Trade), Navigation (Construction), and Navigation (Pig Iron, Coal and Ballast) Regulations, which reflect changes since October 1981. These amendments impose specific obligations on maritime operators, ship owners, and seamen. Maritime operators and ship owners must ensure they pay the updated fees for services such as the engagement and discharge of seamen, the issuance of certificates, and other related services as stipulated in the amended regulations. Seamen and their employers must also comply with the updated fee structures when applying for or renewing service certificates. The amendments necessitate that these parties remain informed of the new fee schedules and ensure timely payment to avoid any disruptions in service. The Navigation Act 1912, as amended, imposes penalties for non-compliance with the fee regulations. While the explanatory statement does not detail specific penalties, breaches of regulations under the Act generally attract civil or criminal penalties, depending on the severity of the offence. For example, failure to pay the prescribed fees or non-compliance with the amended regulations could lead to fines, legal action, or other administrative consequences. The exact penalties would be determined based on the specific nature of the breach and the provisions of the Act.