EXPLANATORY STATEMENT
STATUTORY RULE NO. 156 OF 1983
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
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 (Orders) Regulations have been made under that sub-section.
Regulation 3 of the Navigation (Orders) Regulations sets out the Minister’s powers to make orders and refers to several provisions of the Act which confer a power to make regulations. Additional provisions have been included in light of recent amendments of the Act.
The amendment extended the scope of paragraph 3(1)(b) of the Navigation (Orders) Regulations to include the matters covered by four further provisions of the Act as follows:
section 215 | - | life saving and fire prevention |
section 229 | - | signals of distress and urgency |
Division 6A of Part IV (sections 231-231F) | - | radio installations and radio navigational aids |
section 258 | - | collisions and navigational lights and signals |
The amendment extended the scope of sub-regulation 3(2) of the Navigation (Orders) Regulations to include: | ||
section 124 | - | medical examination of masters, seamen and apprentices |
section 232 | - | equipping of ships with compasses and with qualified persons in respect of compasses and allied matters |
section 283A | - | special purpose ships and special personnel |
The amendments enabled the International Convention for the Safety of Life at Sea, 1974 and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 to be given effect by way of Marine Orders made under the Act.
The amendment of sub-regulation 3(4) follows the re-arrangement of provisions of the Act relating to tonnage measurement of ships and did not constitute a substantive alteration.
Regulation 4 of the Navigation (Orders) Regulations previously specified fixed penalties for offences against those Regulations. Substituted paragraphs 4(a) and (b) now conform with paragraph 425(1)(h) of the Act so as to provide that a Court may impose any penalty up to a specified maximum.