EXPLANATORY STATEMENT
Statutory Rules 1988 No. 238
Issued by the Authority of the Minister for Land Transport and Shipping Support
Subject - Navigation Act 1912
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Tonnage Measurement) Regulations (Amendment)
Subsection 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 the carrying out or giving effect to the Act or for the conduct of any business under the Act, and in particular prescribing matters providing for and in relation to the fixing of fees to be paid in respect of any matters under the Act.
The abovementioned Regulations are made pursuant to that subsection.
Fees payable under the Act for services provided under the Act were last adjusted in October 1987. In accordance with the Government’s policy of cost recovery in relation to those services it is necessary to amend the abovementioned Regulations to meet cost increases since the last adjustment.
Details of the amending Regulations are given in the following Attachments:
Attachment 1 - Navigation (Coasting Trade) Regulations
Attachment 2 - Navigation (Compass) Regulations
Attachment 3 - Navigation (Tonnage Measurement) Regulations
Attachment 3
Navigation (Tonnage Measurement) Regulations (Amendment)
The amending Regulations amend the Navigation (Tonnage Measurement) Regulations as follows:
Regulation 1 provides that the Regulations shall come into operation on 1 October 1988.
Regulation 2 amends existing Schedule 6 by increasing fees for services in relation to tonnage measurement by up to 60 per cent. The new fees are based on the average number of hours taken to perform a service, at an hourly rate of $97.
Overview
The Navigation (Tonnage Measurement) Regulations (Amendment) 1988 are amendments to the existing Navigation (Tonnage Measurement) Regulations, made under the authority of the Navigation Act 1912. This Act, enacted by the Commonwealth Parliament, governs various aspects of maritime navigation in Australian waters. The amendments were introduced to address the need for updating fees associated with tonnage measurement services to reflect the increased costs since the last adjustment in October 1987. The policy objective is to ensure that the fees charged for these services align with the actual cost of providing them, thereby supporting the government's cost recovery policy for services rendered under the Act. These amendments were made by the Minister for Land Transport and Shipping Support and came into effect on 1 October 1988, with the fees for tonnage measurement services being increased by up to 60 percent.
Scope and Application
The Navigation (Coasting Trade) Regulations (Amendment), Navigation (Compass) Regulations (Amendment) and Navigation (Tonnage Measurement) Regulations (Amendment) apply to persons and entities involved in coasting trade, compass certification and tonnage measurement services within Australia. These Regulations are made under the authority of the Navigation Act 1912 and have a national reach across all states and territories. The Regulations are intended to update the fees for services provided under the Act to reflect cost increases since the last adjustment in 1987, in line with the government’s policy of cost recovery. Specifically, the Navigation (Tonnage Measurement) Regulations (Amendment) increase fees for tonnage measurement services by up to 60 per cent based on the average number of hours taken to perform the service, at an hourly rate of $97. These Regulations are subordinate instruments that extend the application of the Act by adjusting fees as permitted by the Act.
Key Provisions
The Navigation Act 1912 (the Act) authorises the Governor-General to create regulations that are necessary to implement the Act and manage related business (s 425(1)). Pursuant to this authority, the Navigation (Coasting Trade) Regulations, Navigation (Compass) Regulations, and Navigation (Tonnage Measurement) Regulations have been amended (as detailed in the Attachments). These amendments primarily address the adjustment of fees for services provided under the Act, reflecting cost increases since the last adjustment in October 1987. The Navigation (Tonnage Measurement) Regulations (Amendment) specifically set new fees for tonnage measurement services, which are to be effective from 1 October 1988.
The amended Navigation (Tonnage Measurement) Regulations impose new fee structures on those who require tonnage measurement services under the Act. Regulation 2 modifies Schedule 6, increasing the fees by up to 60 per cent. These fees are calculated based on the average number of hours taken to perform the service, at an hourly rate of $97. This means that anyone requiring tonnage measurement services must now pay higher fees than previously stipulated, aligned with the cost recovery policy of the Government.
Breach of the regulations or failure to comply with the amended fee structures could result in various consequences depending on the nature and severity of the non-compliance. Although the explanatory statement does not explicitly detail specific penalties or offences, the Act itself contains provisions that allow for enforcement actions. Generally, non-compliance with regulations made under the Act could lead to civil or criminal penalties, which could include fines and other sanctions. The maximum penalties would depend on the specific breach and the discretion of the court or relevant authority.
Overall, the amendments aim to ensure that the fees for services under the Act reflect current cost realities, thereby supporting the Government’s policy of cost recovery. This adjustment is intended to maintain the operational effectiveness of the regulatory framework while ensuring that the costs associated with providing these services are appropriately covered.