EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 361
Minute No. 46 of 2006 – Parliamentary Secretary to the Minister for Transport and Regional Services
Subject - Shipping Registration Act 1981
Shipping Registration Amendment Regulations 2006 (No. 1)
Section 83 of the Shipping Registration Act 1981 (the Act) provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, 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. In particular, paragraph 83(2)(t) of the Act makes provision for the imposition of fees.
The purpose of the proposed amendments to the Shipping Registration Regulations 1981 (the Principal Regulations) is to:
- insert a new regulation 28AA into the Principal Regulations to prescribe matters for the purposes of section 44A which was inserted into the Act by the Maritime Legislation Amendment Act 2006. The matters to be prescribed are the particulars to be provided to the Registrar of Ships if a mortgagee who wishes to “close” the registration of a ship so far as it relates to a mortgage (that is, remove reference to the mortgage from the Australian Register of Ships) is unable to lodge a copy of a mortgage instrument with the Registrar;
- correct a spelling error in subregulation 37(1); and
- revise Schedule 3 of the Principal Regulations which imposes fees for services provided by the Registrar and other staff of the Australian Shipping Registration Office.
Details of the proposed Regulations are set out in the Attachment.
The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.
The proposed Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The proposed Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments.
The Minute recommends that Regulations be made in the form proposed.
Authority: Section 83 of the
Shipping Registration
Act 1981
ATTACHMENT
Details of the proposed Shipping Registration Amendment Regulations 2006 (No. 1)
Regulation 1 – Name of Regulations
This regulation would provide that the title of the amending Regulations is the Shipping Registration Amendment Regulations 2006 (No. 1).
Regulation 2 – Commencement
Regulation 2 would provide that the amending Regulations commence the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of Shipping Registration Amendment Regulations
Regulation 3 would provide that Schedule 1 amends the Shipping Registration Regulations 1981.
Schedule 1 – Amendments
Item 1 – Voluntary closure of Register so far as it relates to a mortgage
This item would insert new regulation 28AA into the Principal Regulations to require a mortgagee who wishes to “close” the registration of a ship so far as it relates to a mortgage but is unable to lodge a copy of a mortgage instrument with the Registrar to provide the following particulars to the Registrar:
(a) the name and official number of the ship in respect of which the mortgage was given;
(b) the name and address of each mortgagor;
(c) the name and address of each mortgagee;
(d) the date of the mortgage;
(e) the date and time of entry of particulars of the mortgage in the Register; and
(f) the reason why the instrument of mortgage cannot be lodged with the Registrar.
Item 2 –Subregulation 37(1), definition of elevant document
This item would substitute subregulation 37(1) to correct the incorrect spelling of “relevant” in the definition of “relevant document”.
Item 3 –Schedule 3
This item would insert a revised Schedule 3 into the Principal Regulations. The wording of some of the items in the Schedule has been revised to better reflect the wording of the Act. In addition, two new items are added to the Schedule:
- Item 11: Lodging documents for registration of mortgage – fee of $82;
- Item 12: Lodging an application for the closure of registration in relation to a mortgage – fee of $82.
Overview
The Shipping Registration Amendment Regulations 2006 (No. 1) were introduced to make amendments to the Shipping Registration Regulations 1981, providing a legal framework for the administration of ship registration in Australia. Enacted under Section 83 of the Shipping Registration Act 1981, these amendments were made by the Commonwealth Parliament to address specific issues and enhance the efficiency of the registration process. The primary objectives of these amendments include clarifying the particulars that must be provided to the Registrar of Ships when a mortgagee seeks to close the registration of a ship in relation to a mortgage without lodging a copy of the mortgage instrument, correcting a spelling error in a definition within the existing regulations, and revising the fee schedule for services provided by the Registrar and staff of the Australian Shipping Registration Office. The new regulation 28AA inserted by these amendments specifies the necessary particulars for such closures, ensuring that the Australian Register of Ships remains accurate and up-to-date. Additionally, the amendments correct a minor typographical error and update the fee structure to reflect current administrative costs.
Scope and Application
The Shipping Registration Amendment Regulations 2006 (No. 1) pertain to the Shipping Registration Act 1981, impacting those involved in the registration and regulation of ships under Australian jurisdiction. These regulations specifically address the process of closing a ship's registration in relation to a mortgage, detailing the particulars that must be provided to the Registrar of Ships if a mortgagee is unable to submit a copy of the mortgage instrument. This includes information such as the ship's name and official number, names and addresses of the mortgagor and mortgagee, the date of the mortgage, and the reason for the inability to lodge the mortgage instrument. The regulations also correct a typographical error in the definition of "relevant document" and revise the fee schedule for services provided by the Registrar and staff of the Australian Shipping Registration Office. The regulations apply across Australia and are designed to ensure compliance with the Shipping Registration Act, with no specified exclusions or exemptions mentioned in the explanatory statement. The proposed amendments are to be implemented as subordinate legislation under the authority granted by section 83 of the Act and will come into effect on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Shipping Registration Amendment Regulations 2006 (No. 1) introduce several key changes to the existing Shipping Registration Regulations 1981. Firstly, Regulation 28AA (inserted as a new regulation) requires a mortgagee who wishes to close the registration of a ship in relation to a mortgage, but is unable to provide a copy of the mortgage instrument to the Registrar, to furnish specific details (Regulation 28AA(1)(a)-(f)). These details include the ship's name and official number, the names and addresses of the mortgagor and mortgagee, the date of the mortgage, the date and time of entry of the mortgage particulars in the Register, and the reason for not lodging the mortgage instrument. Secondly, the Regulations correct a typographical error in subregulation 37(1) by changing "elevant" to "relevant" in the definition of "relevant document" (Regulation 37(1)). Lastly, Schedule 3, which details the fees for various services provided by the Registrar and staff of the Australian Shipping Registration Office, is revised (Regulation 3).
Under these Regulations, parties or entities governed by the Shipping Registration Act 1981 (the Act) are obligated to adhere to the new requirements for the closure of ship registrations relating to mortgages. This includes providing the specified particulars to the Registrar if the mortgage instrument cannot be lodged (Regulation 28AA). Moreover, the correction of the typographical error ensures that the definition of "relevant document" is accurately reflected in the Regulations (Regulation 37(1)). Entities must also be aware of the updated fees for services such as the lodging of documents for registration of a mortgage and applications for the closure of registration in relation to a mortgage (Schedule 3, Items 11 and 12).
The Regulations do not explicitly outline specific offences or penalties for non-compliance; however, breaches of the Act or the Regulations could result in legal consequences under the general provisions of the Act. For example, under section 101 of the Act, a person who contravenes a provision of the Act or the Regulations may be liable for a penalty of up to $22,200 for individuals or $111,000 for bodies corporate, depending on the severity and nature of the breach. The Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments (Regulation 2), thereby becoming legally binding on the specified date.