EXPLANATORY STATEMENT
Statutory Rules 1986 No. 387
Issued by the Authority of the Minister for Transport
Subject: Navigation Act 1912 - Navigation (Orders)
Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) provides 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 Amendment Act 1986 which will come into operation on 1 January 1987 (refer Minute No. 23 of 1986), inserts into the Act:
(a) a new section 207A defining a substandard ship for the purposes of the Act and providing that in determining whether a ship is substandard, regard shall be had to such matters as are prescribed; and
(b) a new paragraph 425(1)(ff) providing that the Governor-General may make regulations, not inconsistent with the Act, empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under section 207A of the Act.
The amendment of paragraph 3(1)(b) of the Navigation (Orders) Regulations empowers the Minister to made such orders.
As section 207A and paragraph 425(1)(ff) of the Act are yet 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
S/R 1986 No. 44