Protection of the Sea (Powers of Intervention) Regulations 1983

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F1996B04182 Regulations In force Legislative Instrument

Legislation content

Protection of the Sea (Powers of Intervention) Regulations 1983

Statutory Rules 1983 No. 220 as amended

made under the

Protection of the Sea (Powers of Intervention) Act 1981

This compilation was prepared on 16 December 2006
taking into account amendments up to SLI 2006 No. 360

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Interpretation 

 3 Notification of change in ownership of a ship 

 4 Notification of change of master of ship 

 5 Notification of change of owner of tangible asset 

Notes   

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Protection of the Sea (Powers of Intervention) Regulations 1983.

2 Interpretation

  In these Regulations, unless the contrary intention appears, the Act means the Protection of the Sea (Powers of Intervention) Act 1981.

3 Notification of change in ownership of a ship

 (1) For paragraph 18 (1) (b) of the Act, the Authority must be notified of a change in the ownership of the ship in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication:

 (a) telephone;

 (b) fax;

 (c) email;

 (d) telex;

 (e) high frequency radio digital selective calling.

Note   In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively.

 (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify:

 (a) in the case of a telephone message:

 (i) that the message is urgent; and

 (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the ship; and

 (b) in any other case, all of the following:

 (i) the date on which the message is transmitted;

 (ii) the time of day, expressed as Universal Coordinated Time, that the message is transmitted;

 (iii) that the message is urgent;

 (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the ship.

 (3) The following particulars of a change in the ownership of a ship are prescribed for the purposes of paragraph 18 (1) (b) of the Act:

 (a) the name of the new owner of the ship;

 (b) the address of the principal place of business of the new owner;

 (c) if the address referred to in paragraph (b) is outside Australia and the new owner has an office or agent in Australia — the address of that office or that agent in Australia;

 (d) the telephone number, fax number, email address or telex number to be used to send an urgent message to the new owner of the ship; and

 (e) particulars of any change to the flag or name of the ship.

4 Notification of change of master of ship

 (1) For paragraph 18 (2) (b) of the Act, the Authority must be notified by the person ceasing to be the master of the ship in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication:

 (a) telephone;

 (b) fax;

 (c) email;

 (d) telex;

 (e) high frequency radio digital selective calling.

Note   In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively.

 (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify:

 (a) in the case of a telephone message:

 (i) that the message is urgent; and

 (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person ceasing to be the master of the ship; and

 (b) in any other case, all of the following:

 (i) the date on which the message is transmitted;

 (ii) the time of day, expressed as Universal Coordinated Time, that the message is transmitted;

 (iii) that the message is urgent;

 (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person ceasing to be the master of the ship.

 (3) The following particulars of a change in the master of a ship are prescribed for paragraph 18 (2) (b) of the Act:

 (a) the name of the new master of the ship;

 (b) the date of engagement of the new master.

5 Notification of change of owner of tangible asset

 (1) For paragraph 18 (3) (b) of the Act, the Authority must be notified of a change in the ownership of a tangible asset in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication:

 (a) telephone;

 (b) fax;

 (c) email;

 (d) telex;

 (e) high frequency radio digital selective calling.

Note   In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively.

 (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify:

 (a) in the case of a telephone message:

 (i) that the message is urgent; and

 (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the tangible asset; and

 (b) in any other case, all of the following:

 (i) the date on which the message is transmitted;

 (ii) the time of day, expressed as Universal Coordinated Time, that the message is transmitted;

 (iii) that the message is urgent;

 (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the tangible asset.

 (3) The following particulars of a change in the ownership of a tangible asset are prescribed for paragraph 18 (3) (b) of the Act:

 (a) the name of the new owner of the tangible asset;

 (b) the address of the principal place of business or residence of the new owner;

 (c) the telephone number, fax number, email address or telex number to be used to send an urgent message to the new owner;

 (d) particulars of any change to the tangible asset.

Notes to the Protection of the Sea (Powers of Intervention) Regulations 1983

Note 1

The Protection of the Sea (Powers of Intervention) Regulations 1983 (in force under the Protection of the Sea (Powers of Intervention) Act 1981) as shown in this compilation comprise Statutory Rules 1983 No. 220 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette and FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1983 No. 220

14 Oct 1983

5 Feb 1984 (see r. 2 and Gazette 1984, No. S31)

 

1991 No. 332

29 Oct 1991

29 Oct 1991

2006 No. 360

15 Dec 2006 (see F2006L04057)

16 Dec 2006

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2006 No. 360

R. 3.................

am. 1991 No. 332; 2006 No. 360

R. 4.................

am. 1991 No. 332; 2006 No. 360

R. 5.................

rep. 1991 No. 332

 

ad. 2006 No. 360

 

 

Overview

The Protection of the Sea (Powers of Intervention) Regulations 1983 were enacted under the Protection of the Sea (Powers of Intervention) Act 1981 by the Australian Parliament. These regulations were introduced to address the need for clear and efficient procedures for notifying changes in ownership and mastership of ships, as well as changes in ownership of tangible assets on ships, to the relevant authorities. This ensures that the authorities have up-to-date information to effectively manage maritime operations and respond to potential hazards. The policy objective is to enhance maritime safety and environmental protection by maintaining accurate records of ship ownership and mastership, which can be critical in emergency situations or for regulatory compliance.

Scope and Application

The Protection of the Sea (Powers of Intervention) Regulations 1983, which were made under the Protection of the Sea (Powers of Intervention) Act 1981, apply to any changes in ownership of a ship or a tangible asset, as well as changes in the master of a ship. These Regulations require the Australian Maritime Safety Authority (the Authority) to be notified of such changes through a message to the Rescue Coordination Centre of the Authority. The notification must be made via specific means of communication including telephone, fax, email, telex, or high frequency radio digital selective calling, and the message must include certain prescribed details such as the date, time, and contact information of the new owner or master. The Regulations apply nationally in Australia, encompassing all ships and tangible assets that undergo changes in ownership or mastership within Australian jurisdiction. The Regulations do not explicitly state any exclusions, exemptions, or thresholds. The application of these Regulations can be extended or restricted through subordinate instruments, as evidenced by the amendments made over the years, including the most recent amendment in 2006.

Key Provisions

The Protection of the Sea (Powers of Intervention) Regulations 1983, as amended, establish the procedures for notifying the Authority of changes in ownership and mastership of ships, as well as changes in ownership of tangible assets. Section 3 requires that any change in the ownership of a ship must be communicated to the Rescue Coordination Centre of the Authority using specified methods such as telephone, fax, email, telex, or high frequency radio digital selective calling. The message must begin with the code letters "TRANSREP" and include specific details such as the date and time of transmission, the contact information for the new owner, and particulars of any changes to the ship’s flag or name. Similarly, Section 4 mandates that the person ceasing to be the master of a ship must notify the Authority of this change using the same communication methods and must also include the new master's name and the date of engagement. Section 5 requires notification of any change in the ownership of a tangible asset, using the same communication methods, and must include details such as the new owner’s name, contact information, and particulars of any changes to the tangible asset. These Regulations impose specific obligations on the parties involved. Shipowners, masters, and owners of tangible assets must ensure timely and accurate notification of any changes as required under Sections 3, 4, and 5. This includes providing all prescribed particulars and using the specified means of communication. Failure to comply with these obligations may result in the Authority taking necessary actions to ensure compliance or to address any potential risks to maritime safety or the marine environment. Breaches of these Regulations may result in civil or criminal consequences. While the Regulations themselves do not explicitly state penalties, the overarching Act, the Protection of the Sea (Powers of Intervention) Act 1981, provides a framework under which penalties can be imposed. For example, Section 18 of the Act allows for fines and imprisonment for offences related to non-compliance with the Act’s provisions. The specific penalties can vary depending on the severity of the breach, but they may include significant fines and potential imprisonment for serious or repeated offences. The Regulations, therefore, must be adhered to strictly to avoid any potential legal ramifications.

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Maritime Law
Instrument
Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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