EXPLANATORY STATEMENT
STATUTORY RULE NO. 180 OF 1983
Issued by the Authority of the Minister of State for Transport
NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 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.
Sub-section 405M(1) of the Act provides:
“The amount of the register tonnage specified in the certificate of registry of a ship registered in a prescribed country, other than a ship to which the Tonnage Measurement Convention applies, shall be the register tonnage of the ship for the purpose of this Act”.
On 22 August 1982 the International Convention on Tonnage Measurement of Ships, 1969 entered into force for Australia and the Navigation (Tonnage Measurement) Regulations were concurrently amended to exclude ships to which the Convention applies.
Sections 407B and 408 of the Act were repealed on 22 August 1982. The former section had provided that, where it appeared to the Governor-General that the rules relating to the measurement of the tonnage of foreign ships (other than those registered in a Commonwealth country) were substantially similar to the Australian Regulations, the Governor-General could, by proclamation, declare that the tonnages of ships registered in a country which had been so proclaimed would be deemed to be those stated in the tonnage documents issued by that country. The latter section had provided for the recognition of the register tonnage specified in the certificate of registry of a ship registered in a Commonwealth country.
The Navigation (Tonnage Measurement) Regulations have been amended to take account of these changes to the Act by prescribing both Commonwealth and other countries to which sub-section 405M(1) of the Act will apply.
The Regulations have also been amended in order to clarify their application in respect of exemptions under the Navigation (Crew Accommodation) Regulations. Many ships have been exempted from certain provisions of the Navigation (Crew Accommodation) Regulations and the Navigation (Tonnage Measurement) Regulations formerly excluded, in the case of ships so partially exempted, the deduction otherwise permitted in tonnage measurement, of crew accommodation spaces.
Details of the new provisions follow:
Regulation 1 amended sub-paragraph 16(2)(a)(i) to clarify the application of the Navigation (Tonnage Measurement) Regulations in respect of the deduction of crew accommodation space on ships which have been exempted from certain provisions of the Navigation (Crew Accommodation) Regulations.
Regulation 2 inserted regulation 28 providing that each country listed in Schedule 8 to the Navigation (Tonnage Measurement) Regulations is a specified country for the purpose of sub-section 405M(1) of the Act. These countries, which were previously specified by proclamation, comprise 47 Commonwealth and 17 other countries as follows:
Commonwealth countries
Antigua and Barbuda | Jamaica | Singapore |
Australia | Kenya | Solomon Islands |
Bahamas | Kiribati | Sri Lanka |
Bangladesh | Lesotho | Swaziland |
Barbados | Malawi | Tanzania |
Belize | Malaysia | The Gambia |
Botswana | Maldives | The United Kingdom |
Canada | Malta | Tonga |
Cyprus | Mauritius | Trinidad and Tobago |
Dominica | Nauru | Tuvalu |
Fiji | New Zealand | Uganda |
Ghana | Nigeria | Vanuatu |
Grenada | Papua New Guinea | Western Samoa |
Guyana | St Lucia | Zambia |
India | St Vincent | Zimbabwe |
| Seychelles | |
| Sierra Leone | |
other than Commonwealth countries
Belgium | Israel | Spain |
Burma | Netherlands | Sweden |
Denmark | Norway | Union of Soviet |
Federal Republic | Poland | Socialist Republics |
of Germany | Portugal | United States of |
Finland | | America |
Greece | | Yugoslavia |
Iceland | | |
Overview
The Navigation (Tonnage Measurement) Regulations (Amendment) Statutory Rule No. 180 of 1983, issued under the authority of the Minister of State for Transport, was enacted to amend the existing Navigation (Tonnage Measurement) Regulations to align with the International Convention on Tonnage Measurement of Ships, 1969, which entered into force for Australia on 22 August 1982. The amendments were necessitated by the repeal of sections 407B and 408 of the Navigation Act 1912, which previously allowed for the declaration of tonnages of ships registered in certain countries and the recognition of register tonnage for ships registered in Commonwealth countries. The policy objective of these amendments is to ensure that the tonnage measurement regulations are consistent with international standards and practices, thereby facilitating smoother maritime trade and compliance with international shipping regulations.
Scope and Application
The Navigation (Tonnage Measurement) Regulations (Amendment) Statutory Rule No. 180 of 1983 pertains to the tonnage measurement of ships registered in various countries and their application under the Navigation Act 1912. The Regulations apply to ships registered in countries listed in Schedule 8, which comprises 47 Commonwealth and 17 other countries, thereby encompassing a broad spectrum of maritime jurisdictions. The primary purpose of these Regulations is to ensure the accurate measurement of a ship's tonnage for the purposes of compliance with Australian maritime laws, particularly for ships registered outside Australia where the Tonnage Measurement Convention does not apply. The Regulations amend the existing framework to reflect changes following the entry into force of the International Convention on Tonnage Measurement of Ships, 1969 for Australia, and they clarify the application of tonnage measurement rules for ships partially exempted from certain provisions of the Navigation (Crew Accommodation) Regulations. These amendments ensure that the deductions for crew accommodation spaces are appropriately accounted for in tonnage measurements where applicable. The Regulations extend the application of sub-section 405M(1) of the Act to ships registered in specified countries, thereby providing a consistent and internationally recognised approach to tonnage measurement.
Key Provisions
The amended Navigation (Tonnage Measurement) Regulations, issued under the authority of the Minister of State for Transport, focus on the measurement of ship tonnage, particularly in relation to ships registered in specified countries. Regulation 1 amends sub-paragraph 16(2)(a)(i) to clarify the application of the Regulations in respect of the deduction of crew accommodation space on ships that have been exempted from certain provisions of the Navigation (Crew Accommodation) Regulations. This means that for ships partially exempted from certain accommodation regulations, the deduction of crew accommodation spaces in tonnage measurement is now clearly defined (Reg. 1). Regulation 2 introduces regulation 28, stipulating that each country listed in Schedule 8 is a specified country for the purpose of sub-section 405M(1) of the Navigation Act 1912. This regulation updates the list to include 47 Commonwealth and 17 other countries, replacing the previous system of proclamation (Reg. 2).
The obligations imposed by these Regulations require that the register tonnage specified in the certificate of registry of a ship registered in a prescribed country, other than a ship to which the Tonnage Measurement Convention applies, shall be the register tonnage of the ship for the purposes of the Navigation Act 1912. For ships registered in the specified countries listed in Schedule 8, the tonnage measurement must adhere to the standards set out in the Regulations. Additionally, for ships partially exempted from certain crew accommodation provisions, the deduction of crew accommodation spaces must be applied as clarified in Regulation 1. These obligations ensure consistency and compliance with international standards and Australian requirements for ship tonnage measurement.
Breaches of these Regulations could result in various civil or criminal consequences. Although the specific penalties are not detailed within the text, non-compliance with the Navigation Act 1912 and its Regulations can generally lead to penalties such as fines, imprisonment, or both, depending on the severity and intent of the breach. The maximum penalties would be determined based on the specific provisions of the Act and any related legislative instruments. Ensuring adherence to these Regulations is crucial for maintaining safety and regulatory standards in maritime operations.