EXPLANATORY STATEMENT
Statutory Rules No. 294 of 1985
Issued by the Authority of the Minister of State for Transport
Navigation Act 1912
Navigation (Supplementary) Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) provides, in part, 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’) were made under that sub-section.
The amendments are necessary as a consequence of amendments to the Act made by the Navigation Amendment Act 1979, reclassification of several positions in the Department and to provide an exemption from payment of fees for certain services.
Details of the amending regulations are as follows:
Regulation 1 is a formal provision.
Regulation 2 omits the definition of ‘Secretary’ from existing regulation 1A as that definition is superfluous following the repeal of existing regulation 2.
Section 101 of the Navigation Amendment Act 1979 omitted from the Act reference to ‘Commonwealth countries’ and inserted instead the term ‘prescribed countries’. The declaration of Singapore as a Commonwealth country for the purposes of the Act in existing regulation 1B, therefore, serves no purpose. Regulation 3 repeals existing regulation 1B.
In consequence of the amendment of sub-section 192A(1) of the Act made by the Navigation Amendment Act 1979 in 1982, requiring the ‘Minister’ rather than a ‘prescribed officer’ to give notification of the detention of a ship, existing regulation 2 which identifies prescribed officers for that purpose has no function and is repealed by regulation 3.
It is appropriate that orders regulating ships associated with off-shore drilling activities, made in pursuance of Part VB of the Act, should extend in application to all external Australian Territories. Sub-section 283C(1) of the Act provides that Part VB extends to every external Territory prescribed for the purposes of section 8 of the Act. Regulation 3 inserts a new regulation 2 which prescribes, for the purposes of section 8, all external Territories.
Under existing regulation 3 Assistant Directors of the Department of Transport are prescribed officers for the purposes of sub-section 389A(3) of the Act, Which relates to recovery of defective certificates. The positions of Assistant Directors have recently been reclassified, in name, as Regional Directors. Regulation 3 inserts a new regulation 3 which reflects this change.
Existing regulation 4 inaccurately refers to ‘the Schedule’. Regulation 4 substitutes ‘Schedule 1’ for ‘the Schedule’.
The definition of ‘length’ in existing sub-regulation 5(1) is no longer appropriate as it does not take account of orders made under regulations made pursuant to sub-section 405PA(1) of the Act giving effect to the International Convention on Tonnage Measurement of Ships, 1969. Regulation 5 amends existing regulation 5 by encompassing length determined in accordance with those orders.
Existing sub-regulations 5(1) and 5(9) rely on the definition of ‘prescribed officer’ in existing regulation 2. In consequence of the repeal of existing regulation 2, regulation 5 substitutes the term ‘relevant authority’ for ‘prescribed officer’ and inserts a definition of ‘relevant authority’ for the purposes of existing regulation 5.
Paragraph 5(3)(d) of the Regulations requires applications for draught mark certificates to be delivered or forwarded by post to a prescribed officer as defined in existing regulation 2. In consequence of the repeal of existing regulation 2, regulation 5 amends paragraph 5(3)(d) requiring such applications to go to the Chief Naval Architect in the Department.
Existing sub-regulation 5(5) provides, in part, that where an inspection of a ship, for the purpose of obtaining a draught mark certificate, is carried out in conjunction with the measurement of the ship under the Navigation (Tonnage Measurement) Regulations, no fee is payable for that inspection. Regulation 5 amends existing sub-regulation 5(5) extending that dispensation to an inspection carried out in conjunction with the measurement of a ship under orders made pursuant to regulations made by virtue of sub-section 405PA(1) of the Act giving effect to the International Convention on Tonnage Measurement of Ships, 1969.
Regulations 6 and 7 insert a new regulation 6 and Schedule 3, respectively, for the purpose of prescribing countries for the purposes of the Act, such as:
(a) indentifying certain foreign governments as having salvage rights equal to those of Australian governments where salvage services are rendered on behalf of the Commonwealth or State governments; and
(b) accepting the findings of a Court of Marine Inquiry conducted by a competent court or tribunal in certain foreign countries.
Overview
The Navigation (Supplementary) Regulations (Amendment) Statutory Rules No. 294 of 1985 were issued by the authority of the Minister of State for Transport under the Navigation Act 1912. These amendments were introduced to address issues arising from the changes made by the Navigation Amendment Act 1979, the reclassification of positions within the Department, and to exempt certain services from fee payments. The overarching aim of these regulations is to ensure the efficient conduct of business under the Navigation Act by updating and clarifying definitions and procedures, thereby facilitating the smooth operation of maritime activities within Australia and its territories.
These amendments follow the reclassification of several positions within the Department, necessitating updates to the relevant regulations to reflect the new roles and responsibilities. Furthermore, the changes also respond to the introduction of new terms and definitions within the Act, such as the replacement of "Commonwealth countries" with "prescribed countries" and the specification of new territories for the application of certain regulations. Additionally, these regulations aim to exempt certain services from fee payments, thereby addressing administrative and operational efficiencies.
Scope and Application
The Navigation (Supplementary) Regulations (Amendment) Statutory Rules No. 294 of 1985, issued under the authority of the Minister of State for Transport, amends the Navigation (Supplementary) Regulations made under the Navigation Act 1912. These regulations apply to various persons, entities, and activities within the maritime industry, particularly those involved in shipping, navigation, and offshore drilling within Australia and its external territories. The regulations govern the conduct of business under the Act, including the procedures for the issuance and recovery of certificates, the notification of ship detentions, and the regulation of ships associated with offshore drilling activities. The jurisdictional reach of these amendments is national, encompassing all of Australia’s external territories as prescribed by the Act. Notably, the amendments address the reclassification of certain positions within the Department of Transport, update terminology to reflect changes in the law, and provide exemptions from certain fees under specific circumstances. The scope of the regulations is further extended or restricted through subordinate instruments, ensuring that they remain relevant and effective in governing maritime activities.
Key Provisions
The primary operative sections of the Navigation (Supplementary) Regulations (Amendment) involve several key amendments and clarifications to existing regulations. Regulation 2 removes the outdated definition of 'Secretary' from existing regulation 1A, aligning with the recent repeal of regulation 2. Regulation 3 addresses several significant changes, including the repeal of regulation 1B, which was rendered obsolete by legislative amendments concerning the declaration of Singapore as a Commonwealth country. Additionally, regulation 3 repeals existing regulation 2, which specified prescribed officers for notifications of ship detention, now required to be carried out by the Minister. Furthermore, it introduces a new regulation 2 that extends the application of orders for ships associated with offshore drilling activities to all external Australian territories, in line with sub-section 283C(1) of the Act. Regulation 3 also updates the titles of Assistant Directors to Regional Directors, reflecting recent reclassifications within the Department of Transport.
The amended regulations impose specific obligations on the parties and entities governed by the Act. These include the requirement for the Minister, rather than a prescribed officer, to notify the detention of a ship, as outlined in the amended sub-section 192A(1) of the Act. Additionally, the regulations clarify that applications for draught mark certificates must be submitted to the Chief Naval Architect in the Department, as per the changes in regulation 5. The new regulation 2 ensures that orders regulating ships involved in offshore drilling activities now apply to all external Australian territories, thereby providing comprehensive coverage under the Act. These amendments ensure that the regulatory framework remains aligned with current legislative standards and operational realities.
The Navigation (Supplementary) Regulations (Amendment) also delineates consequences for non-compliance. While the specific penalties for breaches are not explicitly stated in the explanatory statement, breaches of regulations under the Navigation Act 1912 generally carry significant penalties. For example, penalties for non-compliance with maritime safety regulations can include substantial fines and, in some cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, with potential maximum penalties varying according to the particular provision contravened. It is essential for entities governed by the Act to adhere strictly to the amended regulations to avoid facing these potential penalties.
The amendments to the Navigation (Supplementary) Regulations ensure that the regulatory framework remains current and effective. By clarifying definitions, updating titles, and extending the application of certain regulations, the changes aim to enhance the efficiency and enforceability of maritime regulations in Australia. While the explanatory statement does not provide explicit details on the penalties for non-compliance, it is clear that adherence to these regulations is critical to avoid potential legal repercussions.