EXPLANATORY STATEMENT
STATUTORY RULES NO. 233 OF 1987
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
Subject: Navigation Act 1912 -
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Construction) Regulations (Amendment)
Navigation (Deck Cargo) 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 this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this 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 to the maritime industry were last adjusted in October 1986.
In accordance with the Government’s policy of cost recovery in relation to those services it is necessary to amend the abovementioned Regulations.
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 (Construction) Regulations
Attachment 4 - Navigation (Deck Cargo) Regulations
Attachment 5 - Navigation (Tonnage Measurement) Regulations
ATTACHMENT 5
NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS
The Regulations amend the Navigation (Tonnage Measurement) Regulations as follows:
Regulation 1 provides that the Regulations come into operation on 19 October 1987.
Regulation 2 amends existing Schedule 6 by increasing fees for services in relation to tonnage measurement by up to 40 per cent. The new fees, which are based on the average number of hours taken to perform a service, at an hourly rate of $97, are set out below:
Provision | Omit | Substitute |
Sub-item 2(1) | 910 | 1,261 |
| 1,096 1,642 2,189 2,737 3,284 3,284 $ 823 6,569 $ 668 8,571 $ 330 17,978 | 1,534 2,299 3,065 3,832 4,598 4,598 $1,152 9,197 $ 935 11,999 $ 291 25,169 |
| | |
Sub-item 2(2) | 823 | 1,152 |
Sub-item 2(6) | 103 | 144 |
| 204 204 $ 26 | 286 286 $ 36 |
| | |
| | |
| | |
Sub-item 2(7) | $1,130 | $1,582 |
| | |
Sub-item 2(11) | 103 | 144 |
| 204 204 $ 26 | 286 286 $ 36 |
| | |
Sub-item 2(12) | $1,130 | $1,582 |
Sub-item 3(6) | 103 | 144 |
| 204 204 $ 26 | 286 286 $ 36 |
| | |
Sub-item 3(7) | $1,130 | $1,582 |
Sub-item 4(1)(a) | $ 35 | $ 36 |
Sub-item 4(1)(b) | $ 35 | $ 36 |
| $105 | $108 |
| | |
Sub-item 4(2) | $108 | $111 |
Sub-item 4(4) | $ 70 | $ 97 |
Sub-item 4(6) | $ 70 | $ 97 |
Overview
The Navigation (Tonnage Measurement) Regulations (Amendment) 1987, enacted by the Parliament of Australia, were introduced to address the need for updating fees associated with tonnage measurement services provided under the Navigation Act 1912. The purpose of these amendments was to align the fees with the government's policy of cost recovery for maritime services, ensuring that the fees reflect the current cost of providing such services. The amendments, which were issued by the Authority of the Minister for Land Transport and Infrastructure Support, adjust the fees for tonnage measurement services by up to 40 percent, based on the average number of hours taken to perform the service at an hourly rate of $97. The new fees are detailed in the Schedule of the Regulations, which came into effect on 19 October 1987.
Scope and Application
The Navigation (Tonnage Measurement) Regulations, which are amendments to the Navigation (Tonnage Measurement) Regulations, apply to the maritime industry within the jurisdictional reach of the Commonwealth of Australia. These Regulations are specifically concerned with the adjustment of fees related to tonnage measurement services provided under the Navigation Act 1912. They come into effect on 19 October 1987, as stated in Regulation 1. The amendments outlined in the Regulations involve increasing fees for tonnage measurement services by up to 40 per cent, with new fees based on the average number of hours required to perform each service at an hourly rate of $97. These changes are detailed in the Schedule to the Regulations, which replaces the existing fees with higher ones to reflect the cost recovery policy of the Government. The amendments do not specify any exclusions or exemptions, and the scope is limited to the tonnage measurement services within the maritime industry.
Key Provisions
The key provisions of the amending Regulations under the Navigation Act 1912, as detailed in Attachment 5, primarily focus on updating the fees for services related to tonnage measurement. Regulation 1 specifies that these Regulations come into operation on 19 October 1987. Regulation 2 then revises the existing Schedule 6, increasing the fees for tonnage measurement services by up to 40%. These fees are calculated based on the average number of hours required to perform the service, with an hourly rate set at $97. The new fee structure, outlined in the amended Schedule 6, varies depending on the specific service and duration, reflecting a comprehensive adjustment to the previous fee schedule.
The obligations imposed by these Regulations are primarily financial, as they require maritime industry stakeholders to pay the updated fees for tonnage measurement services as stipulated in the amended Schedule 6. This includes entities involved in maritime trade and measurement activities who must ensure compliance with the new fee structure when availing themselves of these services. The Regulations necessitate that service providers adhere to the updated fee schedule when invoicing clients and that clients remit the correct fees as per the new rates.
Breach of these Regulations, particularly non-compliance with the updated fee structure, may result in civil consequences. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that failure to pay the correct fees could lead to disputes, financial penalties, or other enforcement actions as per the provisions of the Navigation Act 1912. The exact nature and severity of penalties would be governed by the overarching Act and any associated regulations or guidelines.