Navigation (Supplementary) Amendment Regulations 2009 (No. 1)

Overview

The Navigation (Supplementary) Amendment Regulations 2009 (No. 1) were enacted under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government to amend the Navigation (Supplementary) Regulations 2002. These regulations address the need to update the titles of officers within the Australian Maritime Safety Authority as part of the Authority's structural changes. This adjustment ensures that the regulatory framework remains consistent with current organisational titles, thereby facilitating the smooth operation of the Act. The amendments aim to reflect the current drafting practices and maintain the integrity and effectiveness of the regulatory process without substantially altering existing arrangements. As these amendments are of a minor or machinery nature, no formal consultation was undertaken. They commenced on the day after their registration on the Federal Register of Legislative Instruments.

Scope and Application

The Navigation (Supplementary) Amendment Regulations 2009 (No. 1) applies to officers of the Australian Maritime Safety Authority (AMSA), who are empowered under the Navigation Act 1912 to request the delivery of certificates when they suspect an offence related to those certificates has been committed. This regulation ensures that the officers have the necessary authority to act on suspicions of offences such as providing false or misleading information, forgery, or possession of forged documents. The amendment updates the titles of certain positions within AMSA, reflecting organisational changes, and aligns the title of the Principal Regulations with current drafting practices. The geographic and jurisdictional reach of these Regulations is national, given that they concern officers of a federal authority, the AMSA. The Regulations do not specify any exclusions, exemptions, or thresholds, but they do extend the application of the Act through subordinate instruments by updating the titles of positions within AMSA and ensuring that officers retain the ability to request certificates in cases of suspected offences.

Key Provisions

The main operative sections of the Navigation (Supplementary) Amendment Regulations 2009 (No. 1) include regulation 3, which prescribes officers of the Australian Maritime Safety Authority (AMSA) who are authorised to request the delivery of a certificate in certain circumstances. Specifically, under section 389A(3) of the Navigation Act 1912, a prescribed officer may request that a certificate be delivered to them if they suspect an offence under the Criminal Code has been committed in relation to the certificate. The offences under the Criminal Code include providing false or misleading information, forgery, using a forged document, or possession of a forged document. Regulation 3 has been amended to reflect changes in position titles within AMSA, ensuring that the correct officers are authorised to make such requests. The amending Regulations impose obligations on AMSA officers who have been prescribed under regulation 3. These officers must adhere to the procedures outlined in section 389A(3) of the Navigation Act 1912 when they suspect an offence related to a certificate has occurred. This involves requesting the delivery of the certificate in writing to the person in possession of it. Additionally, the Regulations require AMSA to maintain an up-to-date list of prescribed officers, reflecting the current position titles within the organisation. These obligations ensure that AMSA can effectively enforce compliance with the Navigation Act 1912 and related criminal provisions. Breaches of the requirements under the Navigation Act 1912 and the amending Regulations can result in civil or criminal consequences. For instance, providing false or misleading information on a certificate, forgery, or using or possessing a forged document are all offences under the Criminal Code. The penalties for these offences can vary, but may include substantial fines and imprisonment, depending on the severity of the offence. The maximum penalties for offences under the Criminal Code are prescribed elsewhere in the Code and can differ significantly based on the nature and circumstances of the offence. Furthermore, any failure by AMSA to correctly identify and prescribe authorised officers under regulation 3 could lead to administrative penalties or other enforcement actions under the relevant legislation.