EXPLANATORY STATEMENT
STATUTORY RULES) 1983 NO 121
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE
FOR TRANSPORT
NAVIGATION (RADIO) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 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.
Sub-section 425(1) further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to specified matters to give prompt legislative effect to safety and technical requirements in respect of ships, their cargoes and persons on board. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
Marine Orders, Part 6 (Marine Qualifications - Radio) which came into operation on 1 August 1983, amongst other things replaced Regulation 47 of the Navigation (Radio) Regulations, which therefore became redundant.
The amendment of the Navigation (Radio) Regulations repealed Regulation 47 of the Navigation (Radio) Regulations from 1 August 1983.
Overview
The Navigation (Radio) Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Minister of State for Transport, were enacted to streamline and update the regulatory framework governing maritime radio communications in Australia. These regulations amended the Navigation (Radio) Regulations to reflect the evolving standards and requirements for marine operations. The primary objective was to ensure that maritime safety and operational efficiency were maintained by updating outdated provisions and aligning them with contemporary maritime practices. The Navigation Act 1912 empowers the Governor-General to enact such regulations, ensuring that they do not conflict with the Act and are necessary for its effective implementation. This amendment specifically aimed to replace outdated regulatory provisions, such as Regulation 47, which became redundant with the introduction of new marine qualifications and radio standards on 1 August 1983.
Scope and Application
The Navigation (Radio) Regulations (Amendment) primarily pertain to the administration and oversight of radio communications on vessels navigating Australian waters, falling under the purview of the Navigation Act 1912. These regulations apply to all ships, their crews, and relevant maritime entities operating within Australian jurisdictional waters, which include the Commonwealth waters, state territorial waters, and internal waters. The regulations are designed to ensure that the safety and technical requirements concerning radio communications on ships are met, thereby enhancing maritime safety and communication efficiency. These regulations are enforced through the Marine Orders, which incorporate detailed provisions concerning marine qualifications related to radio operations. Notably, the amendment rendered certain previous regulations redundant, reflecting a streamlined approach to maritime communication standards. While the regulations broadly cover all vessels under Australian jurisdiction, specific exclusions or exemptions are not explicitly stated in the text, and the application extends through subordinate instruments such as the Marine Orders.
Key Provisions
The primary operative sections of the Navigation (Radio) Regulations (Amendment) 1983 (C2004L05651) concern the modification and replacement of existing regulations under the Navigation Act 1912. Specifically, section 3 of the amendment repeals Regulation 47 of the Navigation (Radio) Regulations, which became redundant upon the commencement of Marine Orders, Part 6 (Marine Qualifications - Radio) on 1 August 1983. This amendment ensures that the regulations align with the new legislative framework provided by the Marine Orders.
The Navigation (Radio) Regulations (Amendment) 1983 imposes specific obligations on the parties and entities governed by the Navigation Act 1912. These entities, primarily ship operators and personnel involved in maritime navigation and communication, must comply with the updated regulatory requirements as set out in the Marine Orders. This includes adherence to the new standards for marine qualifications and radio operations, which are designed to enhance maritime safety and efficiency. By complying with these updated regulations, the governed parties ensure that they meet the necessary safety and operational standards mandated by the Act.
Breaching the provisions of the Navigation (Radio) Regulations (Amendment) 1983 can result in serious consequences. Under the Navigation Act 1912, violations of the regulations can lead to both civil and criminal penalties. For example, failure to comply with the amended regulations could result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the explanatory statement but would be determined in accordance with the broader provisions of the Navigation Act 1912, which allows for significant penalties to be imposed for non-compliance with maritime safety and operational regulations. Ensuring strict adherence to these regulations is crucial to avoid potential legal repercussions.