EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 359
Issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services
Navigation Act 1912
Navigation (Orders) Amendment Regulations 2006 (No. 1)
Section 425 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.
Subsection 425(1AA) of the Act provides that the Australian Maritime Safety Authority (AMSA) may, by legislative instrument, make orders with respect to any matter in Part II, III, IIIA, IV, V, VA, VB or XA of the Act for or in relation to which provision may be made by the regulations, other than the imposition of penalties. Orders made under subsection 425(1AA) are known as Marine Orders.
The amending Regulations make two minor amendments to the Navigation (Orders) Regulations 1980 (the Principal Regulations) which prescribe matters for purposes of orders made under subsection 425(1AA) of the Act.
Regulation 3A of the Principal Regulations provided for the reconsideration by AMSA and the Administrative Appeals Tribunal of decisions made under an order in relation to the issue, recall, surrender or replacement of certificates which provide evidence of qualifications of masters, officers and seamen.
Regulation 3A duplicated a provision in Part 3 (Seagoing Qualifications) of Marine Orders. The amending Regulations therefore repealed regulation 3A.
Subregulation 4(1) of the Principal Regulations provided that a person who fails to comply with a provision of an order made under the Act that is expressed to be a penal provision is guilty of an offence punishable by, in the case of an individual, a maximum fine of 20 penalty units and, in the case of a body corporate, a maximum fine of 50 penalty units.
Paragraph 425(1)(h) of the Act was substituted by the Maritime Legislation Amendment Act 2006¸ with effect from 4 May 2006, to provide, amongst other things, that the maximum penalty that may be prescribed for a breach of an order is 50 penalty units. The amending Regulations consequentially substituted subregulation 4(1) of the Principal Regulations to provide that a person who fails to comply with a provision of an order that is expressed to be a penal provision commits an offence with a maximum penalty of 50 penalty units. In accordance with section 4B of the Crimes Act 1914, a maximum penalty of 250 penalty units applies where there is a breach of a penal provision by a body corporate.
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 their registration on the Federal Register of Legislative Instruments.
Overview
The Navigation (Orders) Amendment Regulations 2006 (No. 1) were introduced to amend the Navigation (Orders) Regulations 1980. These regulations, enacted under Section 425 of the Navigation Act 1912, address minor discrepancies and ensure consistency between the existing regulations and new provisions introduced by the Maritime Legislation Amendment Act 2006. The amendments were made by the Australian Maritime Safety Authority (AMSA) in accordance with the legislative authority granted under the Navigation Act 1912. The primary objective of these amendments is to streamline regulatory processes and penalties associated with maritime qualifications and compliance, ensuring that the maximum fines align with the updated legislative standards. The Regulations aim to maintain effective maritime safety and regulatory oversight without necessitating extensive consultation due to their minor nature.
Scope and Application
The Navigation (Orders) Amendment Regulations 2006 (No. 1) amend the Navigation (Orders) Regulations 1980 to align with recent changes to the Navigation Act 1912, ensuring consistency in the regulatory framework governing maritime safety in Australia. These amendments apply to all persons and entities engaged in maritime activities within Australian waters, including masters, officers, seamen, and shipping companies, as well as to the Australian Maritime Safety Authority (AMSA) which is responsible for issuing and enforcing compliance with maritime safety orders. The Regulations primarily focus on the reconsideration process for certificates related to seagoing qualifications and adjust the maximum penalty for non-compliance with penal provisions in maritime orders. These changes ensure that penalties are uniformly applied across all orders, reflecting the updated legislative standards. The Regulations are applicable across the Commonwealth of Australia, extending to all maritime activities governed under the Navigation Act 1912, and do not introduce any exclusions or exemptions. The amendments streamline the regulatory process without imposing new restrictions, thereby facilitating smoother compliance and enforcement mechanisms within the maritime industry.
Key Provisions
The Navigation (Orders) Amendment Regulations 2006 (No. 1) primarily concern the repeal of Regulation 3A of the Navigation (Orders) Regulations 1980 (Principal Regulations) and the amendment of subregulation 4(1) of the same Regulations. Regulation 3A, which dealt with the reconsideration of decisions made under an order concerning the issue, recall, surrender, or replacement of certificates for masters, officers, and seamen, has been repealed as it duplicates a provision in Part 3 (Seagoing Qualifications) of the Marine Orders (subsection 425(1AA) of the Navigation Act 1912). This repeal ensures that the Principal Regulations align with the existing provisions in the Marine Orders, thereby avoiding redundancy and streamlining the regulatory framework.
The obligations imposed by the amending Regulations on parties and entities governed by the Navigation Act 1912 include adherence to the streamlined Marine Orders concerning seagoing qualifications. Specifically, individuals and corporate entities must ensure compliance with the orders related to the certification of masters, officers, and seamen. Additionally, the updated subregulation 4(1) mandates that any failure to comply with a penal provision of an order results in a maximum penalty of 50 penalty units for individuals and 250 penalty units for bodies corporate, as per the Crimes Act 1914. This amendment ensures that penalties are uniformly applied across different entities and reflects the updated legislative framework.
Breaches of the amended regulations, particularly non-compliance with penal provisions of orders, carry significant consequences. An individual who fails to comply with a penal provision of an order is liable for a maximum fine of 50 penalty units, while a body corporate faces a maximum fine of 250 penalty units. These penalties underscore the importance of adhering to maritime safety and qualification standards, ensuring that both individuals and corporate entities are held accountable for regulatory compliance. The consistent enforcement of these penalties aims to maintain high standards of maritime safety and operational integrity within the sector.