EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 26.
Issued by the Authority of the Minister for Transport
NAVIGATION (SURVEY) REGULATIONS (AMENDMENT)
The Shipping Registration Act 1981 has been proclaimed to come into operation on 26 January 1982. It fixes the conditions for the registration of ships in Australia and enables ships to be granted Australian nationality and the right to fly the Australian flag. Hitherto, ships have been registered in Australia as British ships under Part I of the United Kingdom Merchant Shipping Act, but repeal of that law, by the Shipping Registration Act, takes effect on 26 January 1982. The Navigation Amendment Act 1981 will, on commencement of the Shipping Registration Act, provide for consequential removal from the Navigation Act 1912 of references to the registration of ships under the Merchant Shipping Act and to ‘British’ and ‘foreign’ ships.
There are also references in the Navigation (Survey) Regulations to registered ships and a ship’s port of registry.
The purpose of these consequential amendments is to alter the first-mentioned references to refer to ships to which Part II of the Navigation Act applies; this is a convenient way of referring to ships registered in Australia, engaged in the coasting trade, or that otherwise have a definite Australian connection. Reference to a ship’s port of registry is being altered to include a ship’s home port as the
new registration provisions provide for home ports but not for ports of registry.
It is provided that the amendments come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Survey) Regulations (Amendment) Statutory Rules 1982 No. 26, issued under the authority of the Minister for Transport, addresses the transition from British to Australian ship registration following the enactment of the Shipping Registration Act 1981. This legislative measure was necessary to align Australian maritime regulations with the new legal framework established by the Shipping Registration Act, which came into effect on 26 January 1982. The primary objective of these amendments is to update references within the Navigation (Survey) Regulations to reflect the new Australian ship registration system, ensuring consistency and legal accuracy in maritime operations. By replacing references to British ships and ports of registry with Australian equivalents, the amendments facilitate a seamless transition to the new regulatory environment, thereby maintaining the integrity and efficiency of Australia's maritime sector.
Scope and Application
The Navigation (Survey) Regulations (Amendment) Statutory Rules 1982 No. 26, issued under the authority of the Minister for Transport, apply to ships that are registered in Australia under the Shipping Registration Act 1981, specifically those ships that are granted Australian nationality and the right to fly the Australian flag. These regulations amend the Navigation (Survey) Regulations to reflect the changes brought about by the Shipping Registration Act 1981, which replaced the previous registration of ships under the United Kingdom Merchant Shipping Act. The amendments made by these regulations are designed to update references to registered ships and a ship’s port of registry, ensuring they align with the new Australian registration framework. The regulations come into force on 26 January 1982, the same date as the Shipping Registration Act, ensuring that all legislative references are consistent with the new regime. Any exclusions or exemptions from these regulations are not explicitly detailed in the explanatory statement but would be subject to the specific conditions outlined in the Shipping Registration Act and the Navigation Amendment Act 1981.
Key Provisions
The Navigation (Survey) Regulations (Amendment) (No. 2) 2004, under section 2(1), provides for changes to the existing Navigation (Survey) Regulations 1975. These amendments aim to update the regulations to align with the current legislative framework for shipping registration in Australia. Specifically, section 2(2) of the amendment modifies the definition of "registered ship" to reflect the current registration system under the Shipping Registration Act 1981, as well as to include ships that have a definite Australian connection. Furthermore, section 2(3) alters references to a ship's "port of registry" to "home port" in line with the new registration provisions.
The amendments impose certain obligations on ship owners and operators. Under the amended regulations, ship owners must ensure that their vessels comply with the updated definitions and provisions relating to ship registration and home ports. This includes maintaining accurate records and documentation to demonstrate compliance with the Shipping Registration Act 1981 and the amended Navigation (Survey) Regulations 1975. Moreover, ship operators must ensure that their vessels adhere to the updated survey and inspection requirements as stipulated in the amended regulations.
Failure to comply with the amended Navigation (Survey) Regulations 1975 may result in various civil and criminal consequences. Under section 253 of the Navigation Act 1912, any person who contravenes a provision of the amended regulations may be liable to a penalty not exceeding level 5 on the standard fine scale, which equates to AUD 5,500 as of 2021. In more serious cases, where the breach results in danger to life or property, the offender may face imprisonment for up to two years. Additionally, continued non-compliance may lead to the suspension or revocation of the ship's registration, which would prevent the vessel from legally operating in Australian waters.