EXPLANATORY STATEMENT
STATUTORY RULE NO. 198 OF 1982
Issued by the Authority of the Minister of State for Transport and Construction
Navigation (Tonnage Measurement) Regulations Amendment
Section 425 of the Navigation Act 1912 (the Act), so far as is relevant, 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 the carrying out or giving effect to the Act.
Section 405E of the Act provides:
“405E(1) The regulations may make provision for and in relation to giving effect to the Tonnage Measurement Convention and may, for any purpose specified in the regulations, otherwise make provision (not inconsistent with the Convention) for or in relation to the ascertainment of the tonnage of ships.
“(2) Any regulations that make provision for or in relation to giving effect to the Tonnage Measurement Convention may be expressed to apply to a ship, or a class of ships, that is not engaged on international voyages or to which the Convention otherwise does not apply, and may be expressed so as to apply with or without modifications specified in or to be determined under the regulations.
“(3) The Governor-General may, with respect to a provision of the Tonnage Measurement Convention, the terms of which are such as to vest in the several Governments who are parties to the Convention a discretion as to whether any and, if any, as to what action should be taken thereunder, make, by regulation, such provision (if any) as the Governor-General in the exercise of that discretion thinks appropriate.
“(4) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
…/2
“(5) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (4) of this section.
The International Convention on Tonnage Measurement of Ships, 1969 entered into force for Australia on 22 August 1982, necessitating amendment of the Navigation (Tonnage Measurement) Regulations to exclude ships to which the Convention applies.
Details of the regulations are set out below:
Regulation 1(a) amends former Regulation 3 to provide a definition of ‘ship’, the effect of which is to confine application of the Regulations to ships other than ships to which provisions of the Tonnage Measurement Convention apply or other ships measured under orders issued in pursuance of the Navigation Act 1912.
Regulation 1(b) inserts in Regulation 3 a new sub-regulation 1A which provides that expressions used both in the relevant part of the Navigation Act 1912 and in the Regulations, shall have the same meaning.
Regulation 1(c) inserts in Regulation 3 two new sub-regulations 2A and 2B, which provide that an unregistered ship flying the flag of a country or intending to fly the flag of a country or a partially built ship intended to be registered in a particular country, shall be deemed to be registered in that country.
Regulation 2 inserts a new Regulation 3A, which provides that a variation of 10% in the gross tonnage of a ship resulting from the alteration or modification of the ship shall be a substantial variation requiring measurement of the ship in accordance with the Convention; in effect, disqualifying a ship from the ambit of the Regulations.
Regulation 3 amends former Regulation 4, deleting reference to the provisions of Sections 335, 407B and 409 of the Navigation Act 1912 which were repealed on 22 August 1982.
Regulation 4 amends former Regulation 21, deleting reference to Section 407A of the Navigation Act 1912 which was repealed on 22 August 1982.
Regulation 5 amends former Regulation 25, providing for the issue of a certificate of measurement in accordance with the Regulations for a ship which is not disqualified from the ambit of the Regulations following prescribed remeasurement.
Regulation 6 amends former Regulation 26, increasing the penalties to the levels permitted under the Regulations, where the goods have been carried in prohibited areas on ships. The penalties are increased as follows from a general penalty of $200 to -
(a) | for a natural person - | $2000 or imprisonment for a period of 12 months, or both; or |
(b) | for a Body Corporate - | $5000. |
Regulation 7 amends Form 1 of Schedule 7 of the Regulations to provide for the recording of both “the gross and register tonnage” and the “modified tonnage” in instances where ships have been modified.