Navigation (Tonnage Measurement) Regulations (Amendment)

Legislation au C2004L05664 Regulations Not in force Legislative Instrument

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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.

Overview

The Navigation (Tonnage Measurement) Regulations Amendment Statutory Rule 198 of 1982 was enacted to align Australian maritime regulations with the International Convention on Tonnage Measurement of Ships, 1969, which came into effect for Australia on 22 August 1982. The purpose of this amendment was to ensure that the measurement and classification of ships in Australian waters adhered to international standards, thereby facilitating smoother maritime operations and compliance with global maritime regulations. The rule was issued under the authority of the Minister of State for Transport and Construction, with the objective of updating the existing framework to reflect the new international standards. The overarching policy objective is to maintain consistency and reliability in the measurement of ships' tonnage, ensuring that Australian maritime practices are in line with global conventions. These amendments, which were authorised by the Parliament of Australia, modify the existing Navigation (Tonnage Measurement) Regulations to exclude ships subject to the Tonnage Measurement Convention. The changes encompass definitions, classifications, and penalties related to the measurement and modification of ships, ensuring that the new international standards are effectively integrated into Australian law. The amendments aim to streamline the process of ship measurement and registration, reducing potential discrepancies and conflicts that could arise from differing national regulations.

Scope and Application

The Navigation (Tonnage Measurement) Regulations Amendment Statutory Rule No. 198 of 1982, issued under Section 425 of the Navigation Act 1912, targets ships that are not subject to the International Convention on Tonnage Measurement of Ships, 1969. The regulations are made in response to the entry into force of the Tonnage Measurement Convention for Australia on 22 August 1982, and they specifically exclude ships that are governed by the Convention or those measured under orders issued pursuant to the Navigation Act 1912. The regulations also introduce new definitions and provisions, such as deeming certain ships to be registered in their intended flag country and setting penalties for carrying goods in prohibited areas on ships. Furthermore, they establish a threshold of a 10% variation in gross tonnage for ships that require remeasurement under the Convention, thus disqualifying them from the scope of these regulations. The application of these amendments is national in scope, impacting all jurisdictions within Australia, and they extend to ships engaged in domestic voyages and those measured domestically, provided they do not fall under the Convention's jurisdiction.

Key Provisions

The Navigation (Tonnage Measurement) Regulations Amendment (Statutory Rule No. 198 of 1982) amends the existing regulations to align with the International Convention on Tonnage Measurement of Ships, 1969, which came into effect for Australia on 22 August 1982. Regulation 1(a) redefines ‘ship’ to exclude those to which the Tonnage Measurement Convention applies, or those measured under orders from the Navigation Act 1912. Regulation 1(b) ensures consistency in terminology between the Act and the Regulations by stipulating that expressions used in both have the same meaning. Regulation 1(c) further clarifies that unregistered ships flying or intending to fly the flag of a particular country, and partially built ships intended for registration in a specific country, are deemed to be registered in that country. These regulations impose several obligations on ship owners and operators. Under Regulation 2, any ship experiencing a variation of 10% or more in its gross tonnage due to alterations or modifications must undergo remeasurement in accordance with the Convention, effectively disqualifying it from the scope of the existing Regulations. Regulation 3 and 4 involve the deletion of references to repealed sections of the Navigation Act 1912, ensuring that the Regulations remain consistent with current law. Regulation 5 mandates the issuance of a new certificate of measurement for ships that have been remeasured and are not disqualified under the new provisions. Regulation 6 increases penalties for carrying goods in prohibited areas on ships, from a general penalty of $200 to $2000 or imprisonment for 12 months, or both, for natural persons, and $5000 for body corporates. The amendments also introduce potential consequences for non-compliance. Regulation 6 imposes significant financial penalties for carrying goods in prohibited areas, with natural persons facing up to $2000 or imprisonment for 12 months, or both, and body corporates facing a penalty of up to $5000. Additionally, failure to comply with the new remeasurement requirements, or not obtaining a new certificate of measurement as stipulated in Regulation 5, may result in the ship being deemed non-compliant and potentially facing legal or operational consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.