EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 268
Issued by the Authority of the Minister for Transport
Subject: Shipping Registration Act 1981 –
Shipping Registration Regulations (Amendment)
Section 83 of the Shipping Registration Act 1981 (No. 8 of 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 or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Shipping Registration Regulations (‘the Regulations’) are made pursuant to that section.
The Regulations have been amended to include appropriate reference to sections 22A and 22B of the Act which came into operation on 1 October 1986.
Details of the amending regulations are as follows:
Regulation 1 cites the Principal Regulations.
Regulation 2 inserts reference to section 22A of the Act in regulation 15 of the Regulations:
(1) to prescribe the form of a provisional registration certificate for the purposes of section 22A;
(2) to specify conditions under which a provisional registration certificate may be granted under section 22A;
(3) to permit the lodging of an application for a provisional registration certificate with, and the production of associated documents to, the Registrar of Ships.
Regulation 2 further amends regulation 15 to require an application for a provisional registration certificate to specify details of the application for ‘full’ registration under the Act, as section 22B of the Act prohibits the granting of a provisional registration certificate unless such application has been lodged.
Regulation 3 amends regulation 16 to permit the period of currency of a provisional registration certificate issued under section 22A to be extended.
Regulation 4 amends Item 4 of Schedule 3 to prescribe the fee for lodging an application for the granting of a provisional registration certificate.
As sections 22A and 22B of the Act were not to come into operation until 1 October 1986, it was necessary for the amending regulations to be made in pursuance of section 4 of the Acts Interpretation Act 1901. That Act provides that regulations may be made as if (the empowering provision of) the Act had come into operation but the regulations shall not come into effect until (the empowering provision of) the Act comes into operation.
Overview
The Shipping Registration Act 1981, enacted by the Australian Parliament, was established to regulate the registration of ships with Australian ownership or operation. The Act was introduced to address the need for a comprehensive and systematic approach to the registration of ships, ensuring they comply with Australian maritime laws and international maritime conventions. The Act provides a framework for the regulation of shipping registration and the administration of the Register of Australian Ships. The Shipping Registration Regulations (Amendment) Statutory Rules 1986, issued by the Authority of the Minister for Transport, further detail the provisions of the Act by updating the Regulations to include references to new sections (22A and 22B) that came into operation on 1 October 1986. These amendments ensure the Regulations are consistent with the updated legislative framework, facilitating the application and management of provisional registration certificates for ships.
The policy objective of these amendments is to streamline the process of ship registration, particularly for provisional certificates, by providing clearer guidelines and requirements. This is achieved by prescribing the form of provisional registration certificates, specifying conditions for their grant, and detailing the process for application and associated document submission. Additionally, the amendments ensure that provisional registration certificates can only be granted if a full registration application has been lodged, thereby maintaining a consistent and orderly approach to ship registration. These amendments reflect a commitment to ensuring that the shipping registration process is both efficient and compliant with contemporary maritime standards.
Scope and Application
The Shipping Registration Act 1981 applies to the registration of ships in Australia, governing the process through which ships must be registered to be legally operated in Australian waters. This Act pertains to both individuals and entities involved in the shipping industry, including ship owners, operators, and other relevant parties. It covers all ships required to be registered under Australian law, irrespective of their size or type, and governs the conduct and transactions related to ship registration. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, and applies across Australia. The Act may extend its application through subordinate instruments, such as the Shipping Registration Regulations, which detail the procedures and requirements for ship registration, including the issuance of provisional registration certificates as per the recent amendments. The amendments to the Regulations ensure they are aligned with the provisions of sections 22A and 22B of the Act, which pertain to provisional registration certificates and the associated application processes. These regulations do not specify any exclusions, but the Act's applicability is contingent on the ship's need to be registered under Australian law.
Key Provisions
The amended Shipping Registration Regulations (Amendment) Statutory Rules 1986 No. 268, made under section 83 of the Shipping Registration Act 1981, introduce specific provisions related to provisional registration certificates for ships. Regulation 2 inserts references to section 22A of the Act into regulation 15 of the Regulations. This amendment allows for the prescription of the form of a provisional registration certificate (regulation 15(1)), specification of the conditions under which such a certificate may be granted (regulation 15(2)), and the facilitation of applications for provisional registration certificates, including the production of associated documents to the Registrar of Ships (regulation 15(3)). Additionally, regulation 2 requires that an application for a provisional registration certificate must detail the application for ‘full’ registration under the Act, as section 22B of the Act prohibits the granting of a provisional registration certificate unless this full registration application has been lodged (regulation 15 amended by regulation 2). Furthermore, regulation 3 permits the extension of the period of currency for a provisional registration certificate issued under section 22A, and regulation 4 specifies the fee for lodging an application for the granting of a provisional registration certificate.
The obligations imposed on parties by these Regulations include ensuring that applications for provisional registration certificates are complete and include details of any application for full registration. This is critical as provisional registration certificates can only be granted if a full registration application has already been lodged. Additionally, parties must comply with the specified conditions for the grant of provisional certificates and adhere to the prescribed form and fee requirements. The Regulations also impose a duty on the Registrar of Ships to process applications for provisional registration certificates and associated documents in accordance with the stipulated conditions.
The Shipping Registration Regulations (Amendment) Statutory Rules 1986 No. 268 do not explicitly outline offences or penalties for breaches of the Regulations. However, any failure to comply with the requirements of the Act or the Regulations could potentially lead to civil or criminal consequences under other provisions of the Shipping Registration Act 1981 or related legislation. For example, failure to properly register a ship may result in penalties under the principal Act, which could include fines or imprisonment. The exact penalties would depend on the specific nature of the breach and the provisions of the Act that are contravened.