Shipping Registration Regulations (Amendment)

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

Legislation au F1996B00249 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULE NO 211 1983

ISSUED BY THE AUTHORITY OF THE MINISTER

OF STATE FOR TRANSPORT

SHIPPING REGISTRATION ACT 1981

SHIPPING REGISTRATION REGULATIONS (AMENDMENT)

Sub-section 83(1) 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.

Regulation 38 of the Shipping Registration Regulations provides that the fees payable under the Act are as specified in Schedule 3 to those Regulations.

Regulation 1 substitutes a new Schedule 3 which effects increases and otherwise varies fees relating to the registration of ships. The object is to achieve a recovery rate of 65 per cent for the year ending on 30 June 1984.

Regulation 2 provides for the amendment to come into operation on 1 October 1983.

Authority - Sub-section 83(1) of the Shipping Registration Act 1981

 

Overview

The Shipping Registration Regulations (Amendment) Statutory Rule 1983 was issued by the authority of the Minister of State for Transport to amend the Shipping Registration Regulations 1981 under the Shipping Registration Act 1981. This amendment was enacted to address the need for updated fee structures in line with the changing economic environment and operational costs associated with ship registration. The policy objective of this amendment was to adjust the fees so as to achieve a recovery rate of 65 per cent for the financial year ending on 30 June 1984. The new Schedule 3 to the Shipping Registration Regulations, introduced by Regulation 1, effects these changes to the fees payable for ship registration, and Regulation 2 sets the effective date of these amendments as 1 October 1983. This regulation was authorised under sub-section 83(1) of the Shipping Registration Act 1981, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act.

Scope and Application

The Shipping Registration Regulations (Amendment) Statutory Rule No 211 1983, issued under the authority of the Minister for State for Transport, amends the Shipping Registration Regulations to adjust the fees for ship registration as outlined in Schedule 3 of the Regulations. This amendment is designed to align the fee structure with the desired recovery rate of 65 per cent for the fiscal year ending 30 June 1984. The Act applies to all persons and entities involved in the registration of ships within Australian jurisdiction, including shipowners, operators, and relevant maritime authorities. The amendments extend to all ships registered under the Act, irrespective of their location within Australian waters, including state and territory waters. There are no specific exclusions or exemptions mentioned in the amendment, implying that it applies broadly to all cases of ship registration under the Act. The application of the Act is further refined through the subordinate regulations, which detail the specific fee structures and other administrative requirements for compliance.

Key Provisions

The main operative sections of this amendment to the Shipping Registration Regulations (F1996B00249) include the substitution of a new Schedule 3. This new Schedule 3 (paragraph 1) revises the fees payable under the Shipping Registration Act 1981. These fees are now adjusted to ensure that the recovery rate for the year ending on 30 June 1984 reaches 65 per cent. This adjustment is detailed in Regulation 1. Furthermore, Regulation 2 specifies that these amendments will come into effect on 1 October 1983. These provisions are made under the authority granted by Sub-section 83(1) of the Shipping Registration Act 1981, which allows the Governor-General to make regulations for carrying out or giving effect to the Act. The Shipping Registration Regulations (Amendment) imposes specific obligations on entities and parties governed by the Shipping Registration Act 1981. Primarily, these obligations concern the payment of fees as stipulated in the newly substituted Schedule 3. Ship owners and operators must ensure that they comply with these new fee structures when registering their vessels. This includes submitting the appropriate fees as outlined in the amended Schedule 3 to the relevant authorities. The regulations are designed to ensure that the fees collected adequately cover the costs associated with ship registration, aiming for a recovery rate of 65 per cent for the specified financial year. Breaching the requirements of the amended Shipping Registration Regulations can lead to various consequences, including potential offences and penalties. While the explanatory statement does not explicitly detail the specific penalties or consequences for non-compliance, it is reasonable to infer that failure to adhere to the new fee structures could result in legal ramifications. Given the context of shipping regulations, non-compliance might lead to fines, penalties, or other administrative actions imposed by the relevant authorities. However, the exact penalties are not specified in the provided text, and further details would need to be consulted from the Shipping Registration Act 1981 or related legal texts. In summary, the amendment to the Shipping Registration Regulations (F1996B00249) introduces new fee structures through a substituted Schedule 3, which is effective from 1 October 1983. These amendments impose clear obligations on ship owners and operators to comply with the new fee requirements. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that failure to adhere to these new regulations could lead to legal consequences, reinforcing the importance of compliance for all parties governed by the Shipping Registration Act 1981.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Reporting & Disclosure Obligations
Fees
Commencement Provisions

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