EXPLANATORY STATEMENT
STATUTORY RULES NO. 95 OF 1987
Issued by the Authority of the Minister for Transport
Navigation Act 1912 - Navigation (Supplementary) Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) 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.
The Navigation (Supplementary) Regulations (‘the Regulations’) are made pursuant to that sub-section.
The Regulations are amended to omit provisions relating to ships’ draught marks as such matters are now dealt with in Marine Orders, Part 16 (Load Lines).
Details of the amending Regulations are as follows:
Regulation 1 provides that the amending Regulations come into operation on 1 June 1987, being the date on which Marine Orders, Part 16 is expressed to come into operation.
Regulation 2 omits from existing regulation 1A the definition of ‘Shipping Registration Act’ as that definition is superfluous with the repeal of existing regulation 5.
Regulation 3 repeals existing regulation 5 as that regulation is redundant following the coming into operation of Marine Orders, Part 16.
Regulation 4 repeals existing Schedule 2 as that Schedule is superfluous following the repeal of existing regulation 5.
Overview
The Navigation (Supplementary) Regulations (Amendment) 1987, issued under the authority of the Minister for Transport, amends the Navigation (Supplementary) Regulations 1912. This legislation was introduced to address the need for a streamlined and updated regulatory framework for navigation, ensuring that outdated provisions are replaced with more relevant and comprehensive regulations. The problem it sought to address included the redundancy and inconsistency of certain provisions within the existing regulations, particularly those related to ships’ draught marks, which were now adequately covered under the Marine Orders, Part 16 (Load Lines). The policy objective of these amendments was to ensure that the regulatory framework remains effective, current, and aligned with contemporary maritime practices and standards.
Scope and Application
The Navigation (Supplementary) Regulations (Amendment) issued under the Navigation Act 1912 apply to individuals and entities engaged in maritime activities within Australian waters, including ships, vessels, and their operators. These regulations are designed to support the primary objectives of the Navigation Act, ensuring safe and efficient navigation, and they provide detailed provisions necessary for the implementation and enforcement of the Act. The Regulations have a national jurisdictional reach, applying across the Commonwealth of Australia, and their amendments reflect the alignment with contemporary maritime standards and regulations, such as the Marine Orders, Part 16 (Load Lines). The changes include the removal of provisions related to ships’ draught marks, as these are now governed by the Marine Orders. This amendment ensures the Regulations remain relevant and effective, adapting to new legislative frameworks without redundancy. The Regulations come into effect on 1 June 1987, coinciding with the operational date of Marine Orders, Part 16, thereby facilitating a smooth transition and integration of maritime regulatory practices.
Key Provisions
The main operative sections of the amending Regulations (F1996B00075) pertain to the coming into force of the amendments and the specific changes to existing regulations. Regulation 1 (sub-section 1) specifies that the amending Regulations will take effect on 1 June 1987, aligning with the commencement date of Marine Orders, Part 16. Regulation 2 (sub-section 2) removes the definition of 'Shipping Registration Act' from regulation 1A of the existing Regulations, as this definition has become unnecessary following the repeal of regulation 5. Regulation 3 (sub-section 3) repeals regulation 5 of the existing Regulations, which is now redundant due to the implementation of Marine Orders, Part 16. Regulation 4 (sub-section 4) repeals Schedule 2 of the existing Regulations, as it has also become superfluous following the repeal of regulation 5.
The amended Regulations impose specific obligations and requirements on the entities they govern. Firstly, they require that the amendments come into effect on the specified date, ensuring a smooth transition and alignment with the new Marine Orders, Part 16. Secondly, the removal of the definition of 'Shipping Registration Act' from regulation 1A and the repeal of regulation 5 and Schedule 2 reflect the need to streamline and update the Regulations to avoid redundancy and confusion. This ensures that the Regulations remain relevant and effective in their current form.
Under the amending Regulations, there are no explicit provisions detailing offences, penalties, or consequences for breach. However, compliance with the Regulations is essential to avoid potential legal ramifications under the overarching Navigation Act 1912. Non-compliance with the amended Regulations could result in enforcement actions under the Act, including fines or other penalties as prescribed by law. While the specific penalties are not outlined in the amending Regulations themselves, they are governed by the broader legislative framework established by the Navigation Act 1912.