EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 252
Issued under the authority of the Minister for Transport and Regional Services
Navigation Act 1912
Navigation (Ship Reporting) Repeal Regulations 2006
Section 425 of the Navigation Act 1912 (the Act) provides, in part, 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.
Division 14 of Part IV of the Act sets out requirements for reporting the movement of ships. The Navigation (Ship Reporting) Regulations prescribed various matters for purposes of Division 14 of Part IV including prescribing the area of the sea around Australia in which ships must provide position reports and the means of providing sailing plans and positions reports to the Australian Maritime Safety Authority (AMSA).
Item 74 of Schedule 2 of the Maritime Legislation Amendment Act 2006 substituted Division 14 of Part IV with a new Division 14. That item, and therefore the replacement Division 14, commenced on 6 October 2006.
To coincide with the commencement of the new Division 14 of Part IV, a new Part of Marine Orders was made by AMSA under subsection 425(1AA) of the Act to prescribe matters for purposes of the new Division 14. The Navigation (Ship Reporting) Regulations were therefore redundant.
Consequently, the Regulations repealed the Navigation (Ship Reporting) Regulations with effect from 6 October 2006.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to this repeal as it is of a minor or machinery nature and does not substantially alter existing arrangements.
The Regulations commenced on 6 October 2006.
Overview
The Navigation (Ship Reporting) Repeal Regulations 2006 were enacted to repeal the existing Navigation (Ship Reporting) Regulations, which had become redundant following amendments to the Navigation Act 1912. This repeal was necessitated by the introduction of a new Division 14 in Part IV of the Act, which was brought into effect on 6 October 2006 through the Maritime Legislation Amendment Act 2006. The repeal was issued under the authority of the Minister for Transport and Regional Services, and it aligns with the policy objective of ensuring that maritime safety regulations are up-to-date and effective in the context of modern shipping practices. The repeal was considered minor and did not require formal consultation as it did not substantially alter existing arrangements. The Regulations themselves commenced on 6 October 2006, coinciding with the commencement of the new Division 14 and the new Part of Marine Orders made by the Australian Maritime Safety Authority.
Scope and Application
The Navigation (Ship Reporting) Repeal Regulations 2006 applies to the repeal of the Navigation (Ship Reporting) Regulations, which were rendered redundant by the introduction of a new Division 14 of Part IV of the Navigation Act 1912. This Act applies to ships operating in Australian waters and is administered by the Australian Maritime Safety Authority (AMSA). The repeal of these regulations took effect on 6 October 2006, in line with the commencement of the new Division 14, which was introduced through the Maritime Legislation Amendment Act 2006. The repeal was considered to be of a minor or machinery nature, thus no formal consultation was undertaken. The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Key Provisions
The Navigation (Ship Reporting) Repeal Regulations 2006 (F2006L03110) are intended to repeal the existing Navigation (Ship Reporting) Regulations, which had previously prescribed various requirements for the reporting of ship movements within Australian waters. These repealed regulations had established the sea areas around Australia where ships were mandated to provide position reports and specified the methods for submitting sailing plans and position reports to the Australian Maritime Safety Authority (AMSA). Section 425 of the Navigation Act 1912 empowered the Governor-General to make regulations necessary for the Act, and the repealed regulations were created to facilitate the reporting requirements under Division 14 of Part IV of the Act.
The primary obligation imposed by these Regulations is the repeal of the Navigation (Ship Reporting) Regulations, making them redundant as of 6 October 2006. This repeal coincides with the commencement of the new Division 14 under the Maritime Legislation Amendment Act 2006, which introduced updated requirements for ship reporting. In place of the repealed regulations, AMSA made new Marine Orders under subsection 425(1AA) of the Act to prescribe the necessary matters for the new reporting requirements. This transition ensures that the maritime safety framework remains effective and aligned with current legislative standards.
Under these Regulations, any breaches of the requirements set forth in the new Division 14 of Part IV of the Navigation Act 1912 could result in civil or criminal penalties, depending on the nature and severity of the offence. The Act itself outlines various penalties for non-compliance, which could include fines and, in more serious cases, imprisonment. The specific penalties are detailed in the Act and would apply to any failure to comply with the new reporting requirements established by the amended Division 14 and the subsequent Marine Orders made by AMSA.