EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 229
Issued under the authority of the Minister for Transport and Regional Services
Navigation Act 1912
Navigation (Miscellaneous Repeal) Regulations 2006
Subsection 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 matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations repealed a number of obsolete or redundant regulations made previously under the Act.
The Navigation (Limitation of Shipowners’ Liability) Regulations have been repealed since the requirements that were within these Regulations are provided for under Part XA of the Act. Therefore, the Regulations had no application.
The Navigation (Protection of the Sea) Regulations have been repealed since the relevant requirements are now covered in Marine Orders, making the Regulations redundant.
The Navigation (River Murray Traffic) Regulations 1936 have been repealed since amendments to the Act in 1981 removed the application of these Regulations to internal waters. As such, these regulations had no application.
The Navigation (Wrecks and Salvage) Regulations have been repealed since they no longer had any application. Regulation 2 of these Regulations prescribed fees and expenses for attendance of a Receiver of Wrecks or the Receiver’s agent at a wreck. There is no requirement in the Act for fees to be prescribed for these purposes. If any fees are to be imposed, they are to be included in an Australian Maritime Safety Authority fee determination made under section 47 of the Australian Maritime Safety Authority Act 1990. In addition, regulations 3 and 4 of these Regulations were made for the purposes of section 324 of the Act, which was repealed in 1995.
Details of the Regulations are set out in the Attachment.
The Regulations are part of an on-going review of maritime regulations to bring them up to date.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commenced on the day after registration on the Federal Register of Legislative Instruments.
ATTACHMENT
DETAILS OF THE NAVIGATION (MISCELLANEOUS REPEAL) REGULATIONS 2006
Regulation 1 – Name of Regulations
Regulation 1 is a formal provision specifying the name of the Regulations.
Regulation 2 – Commencement
Regulation 2 provides that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Repeal
Regulation 3 repeals the Navigation (Limitation of Shipowners’ Liability) Regulations, the Navigation (Protection of the Sea) Regulations, the Navigation (River Murray Traffic) Regulations 1936 and the Navigation (Wrecks and Salvage) Regulations.