EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 336
Issued by the Authority of the Minister for Transport
Subject: Navigation Act 1912 - Navigation (Orders) Regulations (Amendment)
Section 267A of the Navigation Act 1912 (‘the Act’), which is yet to be proclaimed to commence, provides that regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) and Regulations 22 to 25 (inclusive) of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973 (‘the Convention’).
Section 267P of the Act, also yet to be proclaimed to commence, provides that regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II to the Convention.
Sections 267A and 267P of the Act further provide that the regulations may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations.
Accordingly, the amendment of sub-regulation 3(2) of the Navigation (Orders) Regulations empowers the Minister to make orders with respect to any matter for and in relation to which provision may be made by regulations under sections 267A and 267P of the Act.
As sections 267A and 267P are yet to be proclaimed to commence, the amendment is made in pursuance of section 4 of the Acts Interpretation Act 1901. That Act provides that regulations may be made as if (the empowering provision of) the Act had come into operation but the regulations shall not come into effect until (the empowering provision of) the Act comes into operation.