Navigation (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules of 1964, specifically No. 38, constitute a legislative instrument under the Navigation Act 1912-1961. This regulation was enacted to address the need for clarification and formalisation in the delivery of certificates to prescribed officers within the Department of Shipping and Transport. The enacting body for these regulations was the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The objective of the regulation is to ensure that certificates are delivered to the appropriate officers, specifically those holding the office of Regional Controller within the Department of Shipping and Transport. This amendment was intended to provide a clear and formal process for the administration and oversight of maritime activities as stipulated under the Navigation Act.

Scope and Application

The regulation pertains to the Navigation Act 1912-1961 and specifically amends the Navigation (Supplementary) Regulations by adding a new provision. The amendment identifies certain officers within the Department of Shipping and Transport, namely those performing the duties of a Regional Controller, as prescribed officers for the delivery of certificates under sub-section (3) of section 389a of the principal Act. This amendment ensures that these specified officers have the authority to handle such certificates, thereby formalising their role in the administrative processes outlined by the Act. The regulation applies to individuals holding the position of Regional Controller within the Department of Shipping and Transport at the time of performing their duties, and it extends to the Commonwealth jurisdiction, thereby impacting maritime and shipping practices across Australia. There are no stated exclusions, exemptions, or thresholds specified within the text of the regulation, and its reach is confined to the roles identified within the Department of Shipping and Transport. The application of this regulation can be further extended or modified through subordinate instruments as necessary, aligning with the overarching objectives of the Navigation Act.

Key Provisions

The main operative section of this statutory rule is the amendment to the Navigation (Supplementary) Regulations, specifically the addition of a new regulation (Regulation 3) that designates each person performing the duties of a Regional Controller, Department of Shipping and Transport, as a prescribed officer (section 3). This amendment is made under the authority granted by subsection (3) of section 389a of the Navigation Act 1912-1961. By adding this regulation, the statutory rule clarifies who is authorised to receive certificates under the Act, ensuring that the designated officers are legally recognised to handle such documents. The obligations and requirements imposed by this statutory rule are primarily administrative and procedural. It mandates that any individual acting in the role of a Regional Controller within the Department of Shipping and Transport is to be recognised as a prescribed officer. This recognition ensures that these officers are legally authorised to perform certain duties, such as receiving and processing certificates as required by the Navigation Act 1912-1961. This clarification is intended to streamline operations within the Department and ensure compliance with the legislative framework governing maritime activities. Under this statutory rule, any breach of the designated responsibilities or failure to comply with the requirements of being a prescribed officer could potentially lead to administrative or legal consequences. While the statutory rule itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any failure to adhere to the regulations could be addressed under the broader provisions of the Navigation Act 1912-1961. For instance, if an unauthorised person were to perform duties as a prescribed officer and subsequently handle certificates improperly, this could result in legal action under the Act, which may include fines or other penalties as stipulated in the overarching legislation. The maximum penalties would depend on the specific breach and the provisions of the Navigation Act.