EXPLANATORY STATEMENT
STATUTORY RULES NO. 234 OF 1987
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
Subject: Shipping Registration Act 1981 -
Shipping Registration Regulations (Amendment)
Section 83 of the Shipping Registration Act 1981 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
Section 83 of the Act further provides that the regulations may make provision for and in relation to the imposition and recovery of fees in respect of various services provided under the Act.
The Shipping Registration Regulations (‘the Regulations’) are made pursuant to that section.
Fees payable under the Act 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 Regulations.
Details of the amending Regulations are as follows:
Regulation 1 provides that the Regulations come into operation on 19 October 1987.
Regulation 2 increases the fees specified in Schedule 3 of the Regulations by 20 per cent.
Overview
The Shipping Registration Regulations (Amendment) Statutory Rules 1987 were enacted to amend the existing Shipping Registration Regulations 1981 under the authority of the Shipping Registration Act 1981. This amendment aimed to address the need for updated fee structures to reflect the Government’s policy on cost recovery for services provided under the Act. The problem it was introduced to address was the outdated nature of the fees, which had not been adjusted since October 1986, failing to account for inflation and changes in the cost of services. The policy objective stated in the text is to ensure that fees are set in a manner that adequately recovers the costs associated with the provision of shipping registration services, thereby maintaining the financial viability and efficiency of the regulatory framework. The enacting body responsible for these regulations is the Parliament, which authorised the Minister for Land Transport and Infrastructure Support to issue these statutory rules.
Scope and Application
The Shipping Registration Regulations (Amendment) Statutory Rules No. 234 of 1987 applies to all entities and individuals involved in the registration and related services of ships under the Shipping Registration Act 1981. This includes ship owners, operators, and other stakeholders who are subject to the Act's provisions for the registration of ships and the associated services. The regulations extend their reach to the entire Commonwealth of Australia, ensuring a uniform approach to shipping registration across state and territory borders. The amendment primarily focuses on adjusting the fees associated with the services provided under the Act, with no specific exclusions or exemptions stated beyond the parameters set by the Act itself. The regulations are designed to align with the Government's policy of cost recovery for services provided under the Act, ensuring that the fees are updated to reflect current economic conditions and administrative costs. The Act empowers the Governor-General to make further regulations not inconsistent with the Act, thereby potentially extending or restricting the application through subordinate instruments.
Key Provisions
The Shipping Registration Regulations (Amendment) Statutory Rules No. 234 of 1987, issued under the authority of the Minister for Land Transport and Infrastructure Support, modify the existing Shipping Registration Regulations in line with the provisions of the Shipping Registration Act 1981 (the Act). These amendments are necessary to adjust the fees associated with the services provided under the Act, reflecting the Government’s policy of cost recovery. Regulation 1 specifies that the amended Regulations will come into effect on 19 October 1987. Regulation 2 stipulates a 20 per cent increase in the fees outlined in Schedule 3 of the original Regulations.
The amended Regulations impose specific obligations on entities governed by the Act. Primarily, these obligations involve the payment of increased fees for various services. For example, the registration of ships, renewal of registration, and certification services will now incur higher fees as specified in the updated Schedule 3. This adjustment is designed to ensure that the costs associated with administering these services are recovered in a manner consistent with the Government's policy. The obligation extends to shipowners and operators who must now remit the increased fees for the continued registration and certification of their vessels.
The Shipping Registration Regulations (Amendment) also establish potential consequences for non-compliance with the amended fees. While the explanatory statement does not explicitly detail the offences or penalties for breach, the Act itself provides a framework for enforcement. Generally, non-compliance with fee payment obligations can lead to civil or criminal consequences, depending on the severity and intent behind the breach. Under the Act, penalties for non-payment or underpayment of fees can include fines, which may be substantial given the importance of the services involved. However, specific penalties are not detailed in the explanatory statement but are likely to be found in the Act itself, where maximum penalties and enforcement mechanisms are usually outlined.