EXPLANATORY STATEMENT
STATUTORY RULE NO. 399 OF 1982
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT AND CONSTRUCTION
NAVIGATION (ORDERS) REGULATIONS (AMENDMENT)
Section 425 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.
Section 15 of the Navigation Act provides inter alia:
‘(1) The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.
(2) Without limiting the generality of sub-section (1), the conditions specified in regulations made for the purposes of that sub-section may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that sub-section may make provision for and in relation to -
(a) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced, and, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;
(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;
(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;
(f) the reconsideration of decisions made under regulations made for the purposes of sub-section (a) or under orders made in pursuance of regulations made by virtue of paragraph (h) of this sub-section;
(h) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
(3) In sub-section (2) “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.’
The purpose of the regulations is to amend the Navigation (Orders) Regulations to provide that where a decision in respect of a certificate within the meaning of paragraph 15 (2)(a) of the Navigation Act has been made by an officer, under orders made in pursuance of the Navigation (Orders) Regulations, then the person whose interests are affected by that decision may apply to the Secretary for a reconsideration of the decision.
Details of the regulations are set out below:
Regulation 1 repeals and remakes regulation 2 of the Navigation (Orders) Regulations to include a definition of “Secretary” for the purposes of the Navigation (Orders) Regulations, to mean the person who, for the time being is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922.
Regulation 2 inserts a new regulation 3A into the Navigation (Orders) Regulations. New regulation 3A provides the means whereby a person, whose interests have been affected by a decision made under orders, may apply to have that decision reconsidered. In addition new regulation 3A provides the processes to be followed when a decision is being reconsidered.
Overview
The Navigation (Orders) Regulations (Amendment) Statutory Rule No. 399 of 1982 was enacted to amend the existing Navigation (Orders) Regulations, which were made under Section 425 of the Navigation Act 1912. This legislation was introduced to address the need for a formal process to allow for the reconsideration of decisions made by officers regarding certificates for qualified masters, officers, or seamen, as outlined in Section 15(2)(a) of the Act. The policy objective is to ensure that there is a mechanism in place for affected individuals to challenge decisions that may impact their professional qualifications and certifications within the maritime industry.
This amendment was issued by the authority of the Minister of State for Transport and Construction and was intended to provide clarity and procedural fairness in the reconsideration process. The regulations redefine the term "Secretary" for the purposes of the Navigation (Orders) Regulations to mean the person who is, or is performing the duties of, the Permanent Head of the Department as defined in the Public Service Act 1922. Additionally, it introduces a new regulation, 3A, which outlines the application process for reconsideration and the procedures to be followed during such reconsiderations.
Scope and Application
The Navigation (Orders) Regulations (Amendment) Statutory Rule No. 399 of 1982 applies to individuals and entities involved in maritime activities governed by the Navigation Act 1912. These include qualified masters, officers, and seamen who are subject to the standards and conditions specified in the regulations, particularly regarding their certification and qualifications. The scope of the Act extends to the issuance, recall, surrender, replacement, form, and recording of certificates and documents that serve as evidence of their qualifications. The regulations also cover the processes for reconsideration of decisions made by officers regarding these certificates, thereby providing a formal mechanism for individuals to challenge decisions that affect their maritime qualifications. The jurisdictional reach of the Act is primarily within the Commonwealth of Australia, as it is an amendment to existing regulations made under the authority of the Minister of State for Transport and Construction. The regulations do not specify any exclusions or thresholds, implying that all affected individuals and entities within the scope of the Act must comply with the outlined processes for certification and reconsideration. The application of the Act may be further extended or restricted through subordinate instruments made by the Minister.
Key Provisions
The primary sections of the Navigation (Orders) Regulations (Amendment) Statutory Rule No. 399 of 1982, as per the explanatory statement, focus on the amendment of existing regulations concerning maritime qualifications and certificates. Specifically, section 15 of the Navigation Act 1912 permits the establishment of standards and conditions for maritime personnel, and these regulations provide the means for reconsideration of decisions affecting these maritime certificates (s. 15(2)(a)). Regulation 1 redefines "Secretary" to mean the person currently fulfilling or performing the duties of the Permanent Head of the Department under the Public Service Act 1922, ensuring clarity in the administrative process. Regulation 2 introduces a new regulation 3A, which allows individuals whose interests are affected by a decision made under the orders to apply for reconsideration of that decision.
The obligations imposed by these regulations on maritime personnel, certification authorities, and the Secretary are clear and structured. Maritime personnel must comply with the standards and conditions specified in the regulations to maintain their qualifications. Certification authorities must adhere to the processes outlined for issuing, renewing, and cancelling certificates, as well as for handling applications for reconsideration (s. 15(2)(a)-(f)). The Secretary, as defined, must ensure that applications for reconsideration are processed according to the procedures specified in regulation 3A. This includes handling applications efficiently and fairly, and providing a transparent process for maritime personnel to appeal decisions that affect their qualifications.
Breaches of these regulations may lead to various civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. Typically, under the Navigation Act 1912, failure to comply with the requirements of the regulations could result in penalties such as fines or imprisonment, depending on the severity of the breach. For example, operating a vessel without the required certification could attract significant penalties. The maximum penalties for such offences are not explicitly stated in the provided text but would be governed by the broader legislative framework of the Navigation Act 1912 and related regulations. The intent of the penalties is to enforce compliance with maritime safety and qualification standards, ensuring the integrity of maritime operations.