Navigation (Orders) Regulations (Amendment)

Overview

The Navigation (Orders) Regulations (Amendment) 1991 No. 335 was enacted to update the existing Navigation (Orders) Regulations in accordance with the Australian Maritime Safety Authority Act 1990. This legislative amendment was necessary to reflect the transfer of maritime standards and safety functions from the Department to the newly established Australian Maritime Safety Authority (AMSA). The regulations were made under the authority of the Minister for Shipping and Aviation Support, as stipulated in section 425 of the Navigation Act 1912, and aim to streamline the order-making process by centralising it with AMSA. By amending the regulations to replace references to the former Minister and Department with references to AMSA, the legislation ensures that maritime safety and standards are efficiently managed by the designated authority, thereby maintaining consistency and clarity in maritime regulations.

Scope and Application

The Navigation (Orders) Regulations (Amendment) 1991 No. 335 applies to the Australian Maritime Safety Authority (the Authority), established under the Australian Maritime Safety Authority Act 1990, and it amends the Navigation (Orders) Regulations to reflect the transfer of maritime standards and safety functions from the Department of Shipping and Aviation to the Authority. The regulations pertain to the process of making orders and procedural matters such as review rights and evidence, applicable to maritime activities within Australian jurisdictional waters. These regulations are applicable nationally, covering all maritime entities operating within Australian territorial limits. Notably, the regulations exclude the imposition of penalties, which are now managed under the AMSA Act. The amendments remove previous references to the Minister or the Department and replace them with references to the Authority or its officers, ensuring alignment with the new legislative framework. The regulations came into force on the day of their gazette, thus immediately effectuating the administrative changes necessary for the smooth transition of maritime regulatory responsibilities.

Key Provisions

The Navigation (Orders) Regulations (Amendment) 1991 No. 335 primarily modify the existing Navigation (Orders) Regulations to align with the establishment of the Australian Maritime Safety Authority (Authority) under the Australian Maritime Safety Authority Act 1990 (AMSA Act). Section 425 of the Navigation Act 1912 (the Navigation Act) authorises the Governor-General to make regulations for the purposes of the Act. The amendments made by these regulations replace the previous order-making powers held by the Minister with a new subsection 425(1AA), which now directly authorises the Authority to make orders concerning any matter for or in relation to which provision may be made by the regulations, excluding the imposition of penalties. These regulations impose several obligations on the Authority. The primary obligation is the administration of maritime safety and standards, which includes the authority to make orders in line with the amended regulations. The Authority must also ensure compliance with the Navigation Act and the amended regulations, including procedural matters such as review rights for decisions made under the orders and matters of evidence. Furthermore, the Authority must update all relevant documentation and references to reflect the transition from the Department to the Authority, including references in existing orders and procedural guidelines. The regulations also establish specific consequences for non-compliance with the Navigation Act and the amended regulations. Although the regulations themselves do not explicitly outline penalties for breaches, the Navigation Act and other relevant legislation may impose civil or criminal penalties for non-compliance. These could include fines, imprisonment, or other sanctions depending on the severity of the breach. Additionally, orders made under the authority of these regulations are subject to disallowance under section 46A of the Acts Interpretation Act 1901, providing a mechanism for review and potential nullification of orders that are found to be invalid or contrary to the law. In summary, the Navigation (Orders) Regulations (Amendment) 1991 No. 335 transfer the order-making power from the Minister to the Authority, align with the administrative changes brought about by the AMSA Act, and outline the procedural obligations and consequences for non-compliance. These amendments ensure that maritime safety and standards are managed effectively under the new governance structure established by the AMSA Act.