Shipping Registration Regulations (Amendment)

Overview

The Shipping Registration Regulations (Amendment) 1990 No 313 were introduced to update the fees for services provided under the Shipping Registration Act 1981. Enacted by the Australian Government, this amendment responds to the policy objective of cost recovery, ensuring that fees reflect the increased costs associated with providing registration services for ships and incumbrances, as well as the provision of information from the Register. The last adjustment to these fees occurred in January 1990, and the new amendments, which come into effect on 15 October 1990, substantially increase the fees by up to 84 per cent to accommodate the new overhead costs. This change was authorised under Section 83 of the Shipping Registration Act 1981, which grants the Governor-General the power to make regulations for the purposes of the Act, including provisions for the imposition and recovery of fees.

Scope and Application

The Shipping Registration Regulations (Amendment) 1990 No 313 amends the Shipping Registration Regulations to update the fees for services related to the registration of ships and incumbrances, and the provision of information from the Register. The amendment responds to the policy of cost recovery to meet the increased costs associated with these services since the last adjustment in January 1990, with some fees increasing by up to 84%. The Act applies to all ships that are subject to the Shipping Registration Act 1981, which includes ships registered in Australia and Australian-owned ships registered elsewhere. The Act applies across the Commonwealth and has a national jurisdictional reach. The Regulations specify that they come into operation on 15 October 1990. The Act does not specify any exclusions, exemptions, or thresholds, and any further detail on the application of the Act and Regulations would be found in the subordinate instruments.

Key Provisions

The Shipping Registration Regulations (Amendment) 1990 No 313 introduces amendments to the fees associated with services provided under the Shipping Registration Act 1981. The main operative section of these Regulations, section 83 of the Act, allows the Governor-General to make regulations for the purposes of the Act, including the imposition and recovery of fees for various services. Regulation 1 of the amending Regulations states that these amendments come into operation on 15 October 1990. Regulation 2 replaces the fees specified in Schedule 3 of the Regulations, with the fee increases ranging up to 84 per cent. These amendments are intended to address cost increases and new overhead costs associated with providing these services since the last fee adjustment in January 1990. The obligations imposed by these Regulations primarily revolve around the payment of updated fees for services related to the registration of ships and incumbrances, as well as the provision of information from the Register. The parties or entities governed by these Regulations, including ship owners and those seeking to register incumbrances or obtain information from the Register, are required to comply with the new fee structures as outlined in Schedule 3. This involves ensuring that all applicable fees are paid in accordance with the updated rates when availing of the specified services. The amending Regulations do not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance with the fee provisions. However, the Shipping Registration Act 1981 itself may contain provisions related to penalties for non-payment of fees or other regulatory breaches. Given the nature of these amendments, it is likely that failure to pay the updated fees could result in the denial of services or other administrative consequences as prescribed by the Act. While the Regulations themselves do not specify maximum penalties, any breaches of the underlying Act could attract fines or other penalties as determined by the relevant authorities.