Navigation (Tonnage Measurement) Regulations (Amendment)

Legislation au C2004L05666 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Statutory Rules Nos. 352 - 358 of 1984

Issued by the Authority of the Minister of State for Transport

Navigation (Load Lines) Regulations (Amendment)

Navigation (Tonnage Measurement) Regulations (Amendment) - 358

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 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 fees and charges payable to the Department of Transport under the Act for services provided to the maritime industry have not been increased since 1 October 1981.

The Government is committed to a policy of full cost recovery in relation to these activities. The amendments involve an across-the-board increase of approximately 30%. This increase is intended to cover the movement in costs since October 1981.

The amendments of the Navigation (Load Lines) Regulations and of the Navigation (Tonnage Measurement) Regulations will commence on 1 December 1984.

Details of the amendments of the Navigation (Load Lines) Regulations are at Attachment 1.

Details of the amendments of the Navigation (Tonnage Measurement) Regulations are at Attachment 2.

 

 

Authority:  Sub-section 425(1) of the Navigation Act 1912

 

 

ATTACHMENT 1

NAVIGATION (LOAD LINES) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Load Lines) Regulations to increase the fees payable for the attendance of a surveyor at the inclining test of a ship in relation to determining its stability and to attendance at surveys and inspections carried out in connection with the issue of load line certificates.

The fees also relate to the provision of further services such as additional visits for inspection purposes, after hours attendance, cancelled or interrupted services and travelling expenses.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

Omit

Substitute

 

 

 

Sub-regulation 40(4)

253

329

 

407

529

 

567

737

 

647

841

 

727

945

 

800

1,040

 

 

 

Sub-regulation 40(5)

125

163

 

200

260

 

300

390

 

350

455

 

400

520

 

500

650

 

 

 

Sub-regulation 98(5)

1,080

1,404

 

720

936

 

180

234

 

1,560

2,028

 

1,040

1,352

 

260

338

 

3,300

4,290

 

2,200

2,860

 

550

715

 

4,500

5,850

 

3,000

3,900

 

750

975

 

6,000

7,800

 

4,000

5,200

 

1,000

1,300


Provision

 

Omit

Substitute

Sub-regulation

98(9)

$4,000

$5,200

Sub-regulation

98(10)

$180

$234

Sub-regulation

98(12)

$48

$62

Paragraph

98(13)(a)

$160

$208

Paragraph

98(13)(b)

$130

$169

Paragraph

98(13)(c)

$70

$91

Paragraph

98(14)(a)

$80

$104

Paragraph

98(14)(b)

$70

$91

Paragraph

98(14)(c)

$40

$52

Sub-regulation

98(16)

$60

$78

 

 

$240

$312

ATTACHMENT 2

NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS (AMENDMENT)

The Regulations amend Schedule 6 to the Navigation (Tonnage Measurement) Regulations to increase the fees payable for the tonnage measurement of a ship and other fees relating to the provision of additional services such as after hours attendance, cancelled services, waiting time and travelling expenses.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Schedule 6

Provision

Omit

Substitute

 

 

 

Sub-item 2(1)

512

666

.

589

766

 

883

1,148

 

1,178

1,531

 

1,472

1,914

 

1,766

2,296

 

1,766

2,296

 

$442

$575

 

3,534

4,594

 

$359

$467

 

4,611

5,994

 

$230

$300

 

9,671

12,572

Sub-item 2(2)

442

575

Sub-item 2(6)

55

72

 

110

143

 

110

143

 

$  14

$  18

Sub-item 2(7)

$607

$790

Sub-item 2(11)

55

72

 

$110

$143

 

$110

$143

 

$  14

$  18

Sub-item 2(12)

$607

$790

Sub-item 2(15)

$  28

$  36

Sub-item 2(16)

$  28

$  36

 

$138

$180

Sub-item 3(6)

$  55

$  72

 

$110

$143

 

$110

$143

 

$  14

$  18

Sub-item 3(7)

$607

$790

Sub-item 3(9)

$121

$157

Sub-item 3(10)

$  28

$  36

 

$138

$180


Provision

Omit

Substitute

Paragraph 4(1)(a)

$160

$208

Paragraph 4(1)(b)

$130

$169

Paragraph 4(1)(c)

$  70

$  91

Paragraph 4(2)(a)

$  80

$104

Paragraph 4(2)(b)

$  70

$  91

Paragraph 4(2)(c)

$  40

$  52

Sub-item 4(4)

$  60

$  78

 

$240

$312

Sub-item 4(6)

$  76

$100

Overview

The Navigation (Load Lines) Regulations (Amendment) and Navigation (Tonnage Measurement) Regulations (Amendment) Statutory Rules Nos. 352 - 358 of 1984 were enacted to amend the fees and charges payable to the Department of Transport under the Navigation Act 1912 for services provided to the maritime industry. These amendments were necessitated by the fact that fees and charges had not been increased since 1 October 1981, and the Government was committed to a policy of full cost recovery in relation to these activities. The amendments involve an across-the-board increase of approximately 30% intended to cover the movement in costs since October 1981. The policy objective of the amendments is to ensure that the Department of Transport is able to fully recover the costs associated with providing services to the maritime industry, thereby ensuring the sustainability and efficiency of these services. The amendments were issued by the Authority of the Minister of State for Transport and are intended to come into force on 1 December 1984.

Scope and Application

The Navigation (Load Lines) Regulations (Amendment) and the Navigation (Tonnage Measurement) Regulations (Amendment) are subsidiary legislation made under the Navigation Act 1912. These amendments pertain to the fees and charges payable to the Department of Transport for services provided to the maritime industry. The primary focus of these amendments is to increase the fees for services such as surveyor attendance at inclining tests, load line certificates, tonnage measurements, and additional services including after hours attendance, cancelled services, and travelling expenses. These amendments apply nationally and are intended to reflect the cost increases since the last revision in 1981, thereby aligning with the government's policy of full cost recovery. The new fees are set to take effect on 1 December 1984, as specified in the respective regulations.

Key Provisions

The Navigation (Load Lines) Regulations (Amendment) and the Navigation (Tonnage Measurement) Regulations (Amendment) Statutory Rules Nos. 352 - 358 of 1984, made under sub-section 425(1) of the Navigation Act 1912, introduce amendments to the fees and charges payable to the Department of Transport for services provided to the maritime industry. These amendments, which come into effect on 1 December 1984, primarily involve an increase in fees by approximately 30% to align with the rise in costs since the fees were last updated on 1 October 1981. Regulation 1 of each amendment specifies the date of commencement, while Regulation 2 details the new fee amounts. The amendments cover fees for surveyor attendance during inclining tests, load line certificate issuance, and additional services such as after-hours attendance and travel expenses. These regulations impose specific obligations on maritime entities, requiring them to pay the updated fees for services rendered by the Department of Transport. The entities must ensure compliance with the new fee structure as outlined in the amended regulations. This includes paying the increased fees for services such as surveyor attendance, inspections, and additional services, which are essential for maintaining maritime safety and regulatory compliance. Failure to comply with these amended regulations can result in civil and administrative penalties. The Navigation Act 1912 provides for enforcement actions against entities that do not adhere to the new fee requirements. Although the specific penalties are not detailed in the explanatory statement, non-compliance generally may lead to fines, legal proceedings, or other enforcement measures as deemed appropriate by the Department of Transport. The increased fees are intended to ensure the Department can continue to provide essential services to the maritime industry while achieving full cost recovery.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees & Charges
Regulatory Standards

Interactions

Authorises

All Versions

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.