EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 274
Issued by the Authority of the Minister for Transport
Subject: Navigation Act 1912
Navigation (Cargo - Hazards Prevention) Regulations (Amendment)
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Deck Cargo) Regulations (Amendment)
Navigation (Pig Iron, Coal and Ballast) Regulations (Amendment)
Navigation (Tonnage Measurement) 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 matters providing for and in relation to the fixing of the fees to be paid in respect of any matters under the Act.
Fees payable under the Act for services provided to the maritime industry were last adjusted in October 1985.
In accordance with the Government’s policy of cost recovery in relation to those services and as directed by the Minister for Finance, the Department has recently completed a detailed review of fees for services provided under the Act.
The Minister for Finance has accepted the proposed fee adjustments for 1986/87 as an appropriate step in a 5 year program to reach full cost recovery for services. Details of the amending Regulations are given in the following attachments:
Attachment 1 - Navigation (Cargo-Hazards Prevention) Regulations
Attachment 2 - Navigation (Coasting Trade) Regulations
Attachment 3 - Navigation (Compass) Regulations
Attachment 4 - Navigation (Deck Cargo) Regulations
Attachment 5 - Navigation (Pig Iron, Coal and Ballast) Regulations
Attachment 6 - Navigation (Tonnage Measurement) Regulations.
ATTACHMENT 6
NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS
The Regulations amend the Navigation (Tonnage Measurement) Regulations as follows:
Regulation 1 provides that the Regulations come into operation on 1 October 1986.
Regulation 2 (1) amends existing Schedule 6 to the Regulations by:
(a) replacing sub-item 4 (1), which provided fixed fees for out of hours attendance by a surveyor, with a new sub-item 4 (1) which provides that the hourly fee payable for such attendance is $35, being the appropriate average overtime rate derived from the Marine Surveyors’ Award, and sets a minimum fee of $105 for work not continuous with ordinary hours, also in accordance with the Award;
(b) replacing the scale of fees payable under sub-item 4 (2) for the cancellation, by the owner, master or agent of a ship, of a requested out of hours measurement or remeasurement of the tonnage of the ship by a surveyor, with a single fee of $108;
(c) reducing the fee payable under sub-item 4 (4) for causing a surveyor to wait to commence or continue a requested measurement or remeasurement of the tonnage of a ship from an hourly rate of $86 to an hourly rate of $70 and by omitting the words which limit the maximum fee payable for such caused waiting; and
(d) reducing the fee payable under sub-item (6) for a service in relation to tonnage measurement for which no other fee is fixed under the Regulations from an hourly rate of $110 to an hourly rate of $70.
Sub-regulation 2 (2) further amends existing Schedule 6 by increasing fees for services in relation to tonnage measurement by up to 30 percent. The new fees, which are based on the average number of hours taken to perform a service, at an hourly rate of $70, are set out below:
Provision | Omit | Substitute |
| | |
Sub-item 2 (1) | 733 843 1,263 1,684 2,105 2,526 2,526 $633 5,053 $514 6,593 13,829 | 910 1,096 1,642 2,189 2,737 3,284 3,284 $823 6,569 $668 8,571 17,978 |
| | |
Sub-item 2 (2) | 633 | 823 |
| | |
Sub-item 2 (6) | 79 157 157 $20 | 103 204 204 $26 |
| | |
Sub-item 2 (7) | $869 | $1,130 |
| | |
Sub-item 2 (11) | 79 157 157 $20 | 103 204 204 $26 |
| | |
Sub-item 2 (12) | $869 | $1,130 |
| | |
Sub-item 3 (6) | 79 157 157 $20 | 103 204 204 $26 |
| | |
Sub-item 3 (7) | $869 | $1,130 |
| | |
Sub-item 4 (6) | $110 | $70 |
Overview
The Navigation (Tonnage Measurement) Regulations (Amendment) 1986 are an amendment to the Navigation Act 1912. This piece of legislation was enacted to address the need to update and adjust the fees payable under the Act for services provided to the maritime industry. The problem it aimed to address was the outdated fees that had not been adjusted since October 1985, creating a gap in achieving full cost recovery for services provided. The enacting body was the Parliament of Australia, with the authority to make regulations under sub-section 425(1) of the Navigation Act 1912. The policy objective of this amendment was to align the fees with the current market rates and ensure a more accurate reflection of the costs involved in providing these services. The amendment was part of a five-year program to reach full cost recovery as directed by the Minister for Finance.
The Navigation (Tonnage Measurement) Regulations (Amendment) 1986 amended the existing fees by introducing hourly rates and increasing fees for services related to tonnage measurement by up to 30 percent. The new fees were derived from the Marine Surveyors’ Award and were aimed at ensuring that the fees were reflective of the actual costs incurred. The amendments also addressed specific services such as out of hours attendance by a surveyor, cancellation of requested measurements, and waiting times, among others. This legislative change was necessary to maintain the integrity and sustainability of the maritime services provided under the Navigation Act 1912.
Scope and Application
The Navigation Act 1912, amended by the Statutory Rules 1986 No. 274, governs various aspects of maritime activities in Australia, encompassing cargo hazards prevention, coasting trade, compass usage, deck cargo, and tonnage measurement. The Act applies to individuals, entities, and industries involved in maritime operations, including ship owners, masters, agents, and surveyors, ensuring compliance with maritime safety and operational standards. The jurisdictional reach of this Act extends across the Commonwealth, applying nationally to all maritime activities within Australian waters. The amendments focus on adjusting fees for services provided to the maritime industry under the Act, aiming for full cost recovery as part of a five-year program. The adjustments, effective from 1 October 1986, are detailed in the accompanying regulations, which revise fee structures based on factors such as overtime rates and the average time required to perform specific services. These amendments ensure that the fees more accurately reflect the costs associated with maritime services, while also maintaining a structured approach to fee adjustments that aligns with broader governmental policies on cost recovery.
Key Provisions
The primary operative sections of the Navigation (Tonnage Measurement) Regulations (Amendment) set out the adjustments to be made to the fees for services provided under the Navigation Act 1912, specifically concerning tonnage measurement. Regulation 1 stipulates that these amendments will come into effect on 1 October 1986. Regulation 2(1) revises the fees for out-of-hours attendance by a surveyor, setting an hourly rate of $35 with a minimum fee of $105 for work that is not continuous with ordinary hours. The regulation also changes the fee for the cancellation of a requested out-of-hours measurement or remeasurement from a scale to a single fee of $108. Additionally, Regulation 2(1) reduces the hourly fee for causing a surveyor to wait to commence or continue a measurement or remeasurement from $86 to $70 and eliminates the maximum fee limit for such caused waiting. It also reduces the hourly rate for services where no other fee is fixed from $110 to $70.
These Regulations impose specific obligations on maritime industry participants, particularly those involved in tonnage measurement services. Surveyors must adhere to the new fee structures when providing their services, and ship owners, masters, or agents must be aware of the changes in fees when requesting or cancelling such services. The new fees are based on the average number of hours taken to perform a service at an hourly rate of $70, and they also include a provision for a 30 percent increase for certain services.
There are no explicit offences or penalties mentioned in the Regulations themselves. However, non-compliance with the fee structures could potentially lead to disputes or litigation, particularly if a service provider does not adhere to the prescribed fees or if a ship owner, master, or agent fails to pay the correct fee as per the Regulations. The implications of such non-compliance would likely depend on the specific circumstances and any relevant contractual agreements between the parties involved. While the Regulations do not specify maximum penalties, any breaches of contract or failure to adhere to the fee structures could result in civil consequences, such as claims for damages or specific performance.