EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 231
Issued under the authority of the Minister for Transport and Regional Services
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
Protection of the Sea (Oil Pollution Compensation Fund) Amendment Regulations 2006 (No. 1)
Section 47 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Regulation 23 of the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994 required persons who received more than 150,000 tonnes of “contributing oil” (meaning crude oil and heavy fuel) in the previous year to advise the Australian Maritime Safety Authority (AMSA) by 1 March in accordance with the form set out in the Schedule. The form had to be accompanied by a statutory declaration declaring that the information was correct and complete.
The Regulations replaced the form in the Schedule with a revised form now required by the International Oil Pollution Compensation Funds and requires the form to be submitted to AMSA by 1 April each year.
The Regulations also removed the requirement for a statutory declaration, as this has been made redundant by section 137.2 of the Criminal Code which provides that it is an offence to give false or misleading information in compliance with a law of the Commonwealth.
Details of the Regulations are set out in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commenced on the day after registration on the Federal Register of Legislative Instruments.
ATTACHMENT
DETAILS OF THE PROTECTION OF THE SEA (OIL POLLUTION COMPENSATION FUND) AMENDMENT REGULATIONS 2006 (NO. 1)
Regulation 1 – Name of Regulations
Regulation 1 is a formal provision specifying the name of the Regulations.
Regulation 2 – Commencement
Regulation 2 provides, in effect, that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994
Regulation 3 provides that Schedule 1 amends the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994.
SCHEDULE 1 - AMENDMENTS
Item [1] – This item inserts a new date for lodgement of the Report to the International Oil Pollution Compensation (IOPC) Funds on Receipts of Contributing Oil under subregulation 23(1), requiring lodgement of the form by applicants by 1 April each year rather than 1 March.
Item [2] – This item removes the requirement that the Report be accompanied by a statutory declaration.
Item [3] – This item replaces the current form for the Report to the IOPC Funds on Receipts of Contributing Oil with the updated form issued by the IOPC Funds administrator.
Overview
The Protection of the Sea (Oil Pollution Compensation Fund) Amendment Regulations 2006 (No. 1) were enacted to amend the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994, thereby updating the regulatory framework for oil pollution compensation in Australia. The amendments were introduced by the Australian Government to align the reporting requirements with those of the International Oil Pollution Compensation Funds, ensuring consistency and efficiency in the reporting process. The Regulations were issued under the authority of the Minister for Transport and Regional Services, in accordance with the powers conferred by Section 47 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993. The primary objective of these amendments was to streamline the reporting obligations for entities handling significant volumes of contributing oil by adjusting the submission deadline and updating the required form, while also removing the need for a statutory declaration due to existing provisions in the Criminal Code.
Scope and Application
The Protection of the Sea (Oil Pollution Compensation Fund) Amendment Regulations 2006 (No. 1) amends the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994 to update the process for reporting oil receipts to the Australian Maritime Safety Authority (AMSA). The Regulations apply to persons or entities that have received more than 150,000 tonnes of contributing oil in the previous year. These entities are required to submit an updated form to AMSA by 1 April each year, replacing the previous requirement to submit the form by 1 March. Additionally, the Regulations remove the need for a statutory declaration to accompany the form, as the offence of providing false or misleading information is now covered under the Criminal Code. The Regulations, which are a legislative instrument under the Legislative Instruments Act 2003, came into effect on the day after their registration on the Federal Register of Legislative Instruments. These amendments were made without formal consultation, as they were considered minor and did not substantially change existing arrangements.
Key Provisions
The Protection of the Sea (Oil Pollution Compensation Fund) Amendment Regulations 2006 (No. 1) primarily modify the existing Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994. The most notable changes include the deadline for submitting reports on oil receipts and the form required for these reports. Under the amended regulations, entities that received over 150,000 tonnes of "contributing oil" in the previous year must now submit their reports to the Australian Maritime Safety Authority (AMSA) by 1 April each year (Regulation 3, Schedule 1, Item [1]). Furthermore, the amended regulations eliminate the necessity for a statutory declaration to accompany these reports (Schedule 1, Item [2]). Instead, they mandate the use of a revised form issued by the International Oil Pollution Compensation Funds (Schedule 1, Item [3]).
These changes impose specific obligations on the parties governed by the Act. The primary obligation is for entities that meet the threshold of receiving over 150,000 tonnes of contributing oil in the previous year to ensure timely and accurate reporting. This involves completing and submitting the updated form to AMSA by the specified deadline of 1 April each year. By doing so, they are complying with the regulatory framework designed to manage and mitigate the risks associated with oil pollution.
Non-compliance with these requirements can lead to various consequences. While the explanatory statement does not explicitly detail penalties for failing to meet these obligations, it is worth noting that under section 137.2 of the Criminal Code, providing false or misleading information in compliance with Commonwealth laws is an offence. This suggests that submitting inaccurate or incomplete reports could potentially result in criminal charges, with the penalties for such offences being determined according to the severity and intent behind the false information provided. The exact penalties would be guided by the provisions of the Criminal Code and any relevant case law.