Navigation (Supplementary) Regulations 1963

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F1996B01902 Regulations Not in force Legislative Instrument

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Navigation (Supplementary) Regulations 1963

Statutory Rules 1963 No. 98 as amended

made under the

Navigation Act 1912

This compilation was prepared on 15 August 2009
taking into account amendments up to SLI 2009 No. 205

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 1A Interpretation 

 2 Prescribed external Territories for purposes of section 8 of the Act             

 3 Prescribed officer — subsection 389A (3) of the Act 

 4 Security 

 6 Prescribed countries 

Schedule 1 Security 

Part I Provisions referring to a prescribed country 

Part II Prescribed Countries 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Navigation (Supplementary) Regulations 1963.

1A Interpretation

  In these Regulations, unless the contrary intention appears:

the Act means the Navigation Act 1912.

2 Prescribed external Territories for purposes of section 8 of the Act

  All external Territories are prescribed for the purposes of section 8 of the Act.

3 Prescribed officer — subsection 389A (3) of the Act

  For the purposes of subsection 389A of the Act, each person for the time being occupying, or performing the duties of, any of the following offices in the Authority is a prescribed officer:

 (a) Manager, Maritime Operations East;

 (b) Manager, Maritime Operations North;

 (c) Manager, Maritime Operations South;

 (d) Manager, Maritime Operations West.

4 Security

  For the purposes of subsection 418A (2) of the Act the prescribed form of security is the form set out in Schedule 1.

6 Prescribed countries

  For the purposes of each of the provisions of the Act specified in Part I of Schedule 3, each country specified in Part II of that Schedule is a prescribed country.

Schedule 1 Security

(regulation 4)

 

COMMONWEALTH OF AUSTRALIA

Navigation Act 1912

 By this Security the Subscribers are, pursuant to the Navigation Act 1912, bound to the Commonwealth of Australia in the sum of [here insert amount or mode of ascertaining amount to be paid in default of compliance with condition], subject only to this condition that if [here insert the conditions of the security], then this security shall be thereby discharged.

Dated the                         day of                         19      .

Names and subscriptions of Subscribers

Signatures of Subscribers

Signatures of Witnesses

Schedule 3  

(regulation 6)

Part I Provisions referring to a prescribed country

Sub-section 6 (1) (definition of proper authority), sub-section 62A (3), paragraph 128 (2) (c), sub-sections 329C (1) and (2), paragraphs 329C (3) (d) and (e), sub-section 366 (2), paragraph 383 (1) (a), sub-section 400 (1).

Part II Prescribed Countries

Antigua and Barbuda

Bahamas

Bangladesh

Barbados

Belize

Botswana

Canada

Cyprus

Dominica

Fiji

Gambia

Ghana

Grenada

Guyana

India

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

Maldives

Malta

Mauritius

Nauru

New Zealand

Nigeria

Papua New Guinea

Saint Christopher and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Seychelles

Sierra Leone

Singapore

Solomon Islands

Sri Lanka

Swaziland

Tanzania

Tonga

Trinidad and Tobago

Tuvalu

Uganda

United Kingdom

Vanuatu

Western Samoa

Zambia

Zimbabwe

 

Notes to the Navigation (Supplementary) Regulations 1963

Note 1

The Navigation (Supplementary) Regulations 1963 (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1963 No. 98 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1963 No. 98

24 Oct 1963

24 Oct 1963

 

1964 No. 38

6 Mar 1964

6 Mar 1964

1965 No. 113

16 Aug 1965

16 Aug 1965

1972 No. 116

27 July 1972

27 July 1972

1974 No. 83

21 May 1974

21 May 1974

1975 No. 112

17 June 1975

17 June 1975

1975 No. 114

17 June 1975

17 June 1975

1977 No. 191

24 Oct 1977

24 Oct 1977

1978 No. 221

21 Nov 1978

21 Nov 1978

R. 3

1979 No. 238

7 Nov 1979

7 Nov 1979

1981 No. 91

6 May 198

6 May 198

1981 No. 367

23 Dec 1981

23 Dec 1981

1982 No. 25

25 Jan 1982

25 Jan 1982

1985 No. 294

7 Nov 1985

7 Nov 1985

1987 No. 95

29 May 1987

1 June 1987

1991 No. 379

27 Nov 1991

27 Nov 1991

2009 No. 205

14 Aug 2009 (see F2009L03157)

15 Aug 2009

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2009 No. 205

R. 1A................

ad. 1965 No. 113

 

rs. 1979 No. 238

 

rep. 1981 No. 91

 

ad. 1982 No. 25

 

am. 1985 No. 294

 

rs. 1987 No. 95

R. 1B................

ad. 1977 No. 191

 

am. 1982 No. 25

 

rep. 1985 No. 294

R. 2.................

rs. 1972 No. 116

 

am. 1974 No. 83; 1975 Nos. 112 and 114; 1978 No. 221; 1982 No. 25

 

rs. 1985 No. 294

R. 3.................

ad. 1964 No. 38

 

am. 1974 No. 83; 1978 No. 221; 1982 No. 25

 

rs. 1985 No. 294; 1991 No. 379

 

am. 2009 No. 205

R. 4.................

ad. 1981 No. 367

 

am. 1982 No. 25; 1985 No. 294

R. 5.................

ad. 1982 No. 25

 

am. 1985 No. 294

 

rep. 1987 No. 95

R. 6.................

ad. 1985 No. 294

Heading to Schedule.....

rep. 1982 No. 25

Schedule 1

 

Heading to Schedule 1....

ad. 1982 No. 25

Schedule.............

ad. 1981 No. 367

Schedule 2

 

Schedule 2............

ad. 1982 No. 25

 

rep. 1987 No. 95

Schedule 3

 

Schedule 3............

ad. 1985 No. 294

 

 

Overview

The Navigation (Supplementary) Regulations 1963 are a set of regulations made under the Navigation Act 1912. These regulations aim to provide supplementary provisions to the main Act by detailing specific aspects of maritime operations, security requirements, and the designation of prescribed countries and officers. Enacted by the Parliament of Australia, these regulations address gaps and provide clarifications necessary for the effective implementation of the Navigation Act 1912. The primary policy objective is to ensure that maritime operations within Australian waters are conducted safely and in compliance with national and international standards. These regulations outline the form of security required, designate specific external territories and officers, and list countries that are considered prescribed for certain sections of the Act.

Scope and Application

The Navigation (Supplementary) Regulations 1963, made under the Navigation Act 1912, are applicable across all external Territories of Australia for the purposes of section 8 of the Act, thereby extending its geographic reach to these territories. The Regulations designate certain officers within the Authority as prescribed officers under subsection 389A(3) of the Act, specifically the Managers of Maritime Operations in the East, North, South, and West. Furthermore, the Regulations outline the form of security required under subsection 418A(2) of the Act, which is specified in Schedule 1. The Regulations also identify particular countries as prescribed countries for various provisions of the Act, as detailed in Schedule 3. These Regulations, therefore, offer supplementary provisions to the Navigation Act 1912, impacting maritime operations and security requirements across specified regions and entities within Australia and its external territories.

Key Provisions

The Navigation (Supplementary) Regulations 1963, which were made under the Navigation Act 1912, provide supplementary provisions to the principal Act. Regulation 2 prescribes all external territories for the purposes of section 8 of the Act, thereby clarifying the geographical scope of the legislation. Regulation 3 identifies the prescribed officers for the purposes of subsection 389A(3) of the Act, specifically naming the Managers of Maritime Operations for the East, North, South, and West regions. Regulation 4 specifies the form of security required under subsection 418A(2) of the Act, as detailed in Schedule 1. Regulation 6 lists the countries deemed prescribed for the purposes of various provisions of the Act, as detailed in Schedule 3. The Navigation (Supplementary) Regulations 1963 impose several obligations on parties governed by the Act. The regulations require compliance with the prescribed form of security as outlined in Schedule 1, ensuring that the specified conditions are met for any security provided. The regulations also necessitate that certain officers within the Authority, as identified in Regulation 3, perform their duties in accordance with the Act. Furthermore, the regulations require that all external territories be considered for the purposes of section 8 of the Act, as stipulated in Regulation 2. Additionally, the regulations mandate that specific countries listed in Schedule 3 be treated as prescribed countries for the purposes of various provisions of the Act, as specified in Regulation 6. The Navigation (Supplementary) Regulations 1963 include provisions for offences and penalties for non-compliance. While the specific penalties are not detailed within the text of the regulations themselves, breaches of the Navigation Act 1912, which the regulations supplement, may incur civil or criminal penalties. Under the principal Act, offences can result in fines and imprisonment, with the severity of the penalty depending on the nature and circumstances of the offence. For instance, contravening certain sections of the Act may lead to fines of up to several thousand dollars and imprisonment for terms ranging from a few months to several years, as determined by the relevant courts. The penalties are designed to enforce compliance and maintain the integrity of maritime operations as governed by the Act.

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