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
Overview
The Navigation Amendment Act 1986 was enacted to address gaps in the existing maritime safety regulations by introducing provisions aimed at ensuring that vessels operating within Australian waters meet minimum safety standards. This amendment to the Navigation Act 1912 was introduced by the Australian Parliament to enhance maritime safety and prevent substandard ships from operating in Australian waters. The policy objective of this amendment was to provide a legal framework that allows the Minister for Transport to issue orders regarding substandard ships, ensuring that vessels adhere to prescribed safety standards. The amendment introduces a new definition of a substandard ship and empowers the Governor-General to make regulations that facilitate the enforcement of these safety standards. The Navigation (Orders) Regulations were subsequently amended to align with these new provisions, allowing for the implementation of orders related to substandard ships, even though the sections of the Act they support were yet to come into operation. This proactive approach ensures that the regulations can be effectively applied once the relevant sections of the Act are enacted.
Scope and Application
The Navigation (Orders) Regulations (Amendment) Statutory Rules 1986 No. 387, issued under the authority of the Minister for Transport, amend the Navigation (Orders) Regulations to align with provisions of the Navigation Amendment Act 1986, which will come into effect on 1 January 1987. This amendment specifically modifies the regulations to accommodate the introduction of a new section 207A in the Navigation Act 1912, which defines a substandard ship and sets out the criteria for determining whether a ship falls under this classification. The amendment also includes a new paragraph 425(1)(ff) in the Act, allowing the Governor-General to make regulations necessary for implementing the provisions of section 207A, and empowering the Minister to issue orders concerning substandard ships. These regulations are made pursuant to section 4 of the Acts Interpretation Act 1901, allowing them to be effective as if the empowering provisions of the Act had already commenced, though they will not actually take effect until the relevant sections of the Navigation Act 1912 are operational.
Key Provisions
The Navigation (Orders) Regulations (Amendment) Statutory Rules 1986 No. 387, issued under the authority of the Minister for Transport, amend the Navigation (Orders) Regulations to facilitate the forthcoming implementation of new provisions in the Navigation Act 1912. Specifically, the amendment introduces the concept of a substandard ship (section 207A) and grants the Minister the authority to issue orders concerning such ships (paragraph 425(1)(ff)). These provisions are set to take effect from 1 January 1987, as outlined in Minute No. 23 of 1986.
Under the amended regulations, the Minister is now empowered to make orders in relation to substandard ships as defined by the Act. This includes the ability to enforce measures to ensure the safety and compliance of ships deemed substandard, thereby enhancing maritime safety and regulatory oversight. The definition of a substandard ship considers various prescribed matters, which will be detailed in future regulations. The amendment to paragraph 3(1)(b) of the Navigation (Orders) Regulations formalises this expanded authority, ensuring that the Minister can act decisively to address issues related to substandard ships.
The Navigation Amendment Act 1986 introduces significant obligations for ship owners, operators, and other relevant parties. Ship owners and operators must ensure that their vessels meet the standards set by the Act and any subsequent regulations. Failure to comply with these standards could result in the ship being classified as substandard, leading to potential enforcement actions by the Minister. The Act requires ongoing maintenance and adherence to safety protocols to prevent ships from becoming substandard.
Non-compliance with the provisions of the Navigation Act 1912 and the accompanying regulations can lead to various penalties and consequences. The Act allows for both civil and criminal sanctions. For instance, individuals or entities found in breach of the Act may face fines, imprisonment, or both. The specific penalties are not detailed in the amendment but are expected to be outlined in future regulations. The severity of penalties will depend on the nature and extent of the breach, with maximum penalties potentially being significant for serious or repeated violations.
In summary, the Navigation (Orders) Regulations (Amendment) Statutory Rules 1986 No. 387 prepare the regulatory framework for the forthcoming provisions in the Navigation Act 1912. They introduce the concept of substandard ships and empower the Minister to issue orders concerning such ships, setting the stage for enhanced maritime safety and compliance. The amendment places obligations on ship owners and operators to maintain their vessels to the required standards, with potential civil and criminal consequences for non-compliance.