EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 122
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE
FOR TRANSPORT
NAVIGATION (SIGHT TESTS FOR APPRENTICES) REGULATIONS (REPEAL)
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-paragraph 425(1)(f)(iii) provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to the protection of the health of persons on board ships. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
Marine Orders, Part 9 (Health - Medical Fitness) came into operation on 1 August 1983. Part 9 replaced the Navigation (Sight Tests for Apprentices) Regulations which were repealed as from 1 August 1983.
Overview
The "Navigation (Sight Tests for Apprentices) Regulations (Repeal)" was enacted in 1985 to address the need for modernising the regulatory framework concerning the health and medical fitness of apprentices on ships, as outlined in the Navigation Act 1912. This legislative instrument was introduced by the Parliament of Australia and issued by the authority of the Minister of State for Transport. The primary objective of these regulations was to streamline and update the existing legislative framework by repealing outdated regulations and replacing them with more comprehensive and contemporary provisions that better protect the health of maritime apprentices. This repeal aimed to ensure that the health and safety standards aboard ships are consistently maintained through the more efficient and effective Marine Orders.
Under the Navigation Act 1912, the Minister of State for Transport was empowered to make regulations and orders necessary for the protection of health on board ships. The Navigation (Sight Tests for Apprentices) Regulations (Repeal) signified the transition from the old regulatory system to the new Marine Orders, which offer a more integrated approach to maritime health standards. This change was intended to address any gaps in the previous legislative structure, ensuring that maritime practices remain aligned with contemporary health and safety standards, thereby enhancing the overall protection of apprentices in the maritime industry.
Scope and Application
The Navigation (Sight Tests for Apprentices) Regulations (Repeal) pertains to the repeal of existing regulations under the Navigation Act 1912, specifically addressing the sight tests for apprentices in the maritime industry. This repeal is executed under the authority granted to the Minister of State for Transport via Sub-section 425(1) of the Navigation Act, which allows for the creation of regulations necessary for carrying out the Act and the conduct of maritime business. The Regulations (Repeal) are designed to streamline the legislative framework governing maritime health and safety, transitioning from the previous regulations to the Marine Orders, Part 9, which came into effect on 1 August 1983. These Marine Orders, concerning health and medical fitness, now incorporate provisions that were previously delineated in the repealed Navigation (Sight Tests for Apprentices) Regulations. This legislative change applies to all persons and entities involved in maritime activities within Australian jurisdiction, ensuring a cohesive and updated approach to the health and safety standards required for apprentices at sea.
Key Provisions
The main operative sections of the Navigation (Sight Tests for Apprentices) Regulations (Repeal) concern the repeal of previous regulations and the establishment of new provisions under the Marine Orders. Section 3 of the Statutory Rules repeals the Navigation (Sight Tests for Apprentices) Regulations 1974, which previously outlined the requirements for sight tests for apprentice seafarers. This repeal is effective from 1 August 1983 and signifies a shift in regulatory oversight from traditional regulations to the Marine Orders framework. The Marine Orders, specifically Part 9, which focuses on health and medical fitness, now contain the necessary provisions that were previously outlined in the repealed regulations.
The Act imposes certain obligations and requirements on the parties or entities it governs. Under the Marine Orders, ship owners and operators are required to ensure that apprentice seafarers undergo regular sight tests to verify their visual acuity and overall medical fitness. This is crucial for maintaining safety standards on board and ensuring that apprentices are capable of performing their duties effectively. Additionally, the regulations mandate that these tests be conducted by qualified medical practitioners authorised by the Minister, ensuring that the assessments meet the necessary standards and criteria.
Any breach of the requirements set out in the Marine Orders can result in significant consequences. Specifically, under the Navigation Act 1912, non-compliance with the medical fitness provisions can lead to both civil and criminal penalties. For example, failure to ensure that apprentices undergo the required sight tests can result in fines, with the maximum penalty often tied to the severity of the breach and the potential risk posed to maritime safety. Furthermore, persistent or egregious violations may lead to more severe criminal charges, including imprisonment, highlighting the importance of adherence to these regulations.
In summary, the Navigation (Sight Tests for Apprentices) Regulations (Repeal) marks a transition from specific regulations to broader Marine Orders that govern the health and safety of maritime personnel. Ship owners and operators must ensure compliance with these new provisions, which include regular sight tests for apprentices conducted by authorised medical practitioners. Non-compliance can lead to substantial penalties, including fines and potential criminal charges, underscoring the critical nature of adhering to these health and safety requirements.