EXPLANATORY STATEMENT
STATUTORY RULE NO. 273 OF 1984
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT 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 this Act prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Sub-section 83(2) of the Act further provides, inter alia, that the regulations may make provision for and in relation to the imposition and recovery of fees in respect of -
(i) the making of applications under this Act;
(ii) the lodging and registration of documents or information;
(iii) the registration and re-registration of ships
(iv) the issue of registration certificates, provisional registration certificates and temporary passes; and
(v) the supplying of copies of, or abstracts from, entries in the Register or documents forming part of, or associated with, the Registrar.
Regulation 38 of the Shipping Registration Regulations provides that the fees payable under the Act are as specified in Schedule 3 to those Regulations.
In 1979 it was announced as part of a wider policy that recovery of the full costs, attributed to the maintenance and operation of the Shipping Registration Office should be introduced over a five year period.
The commencement date for this graduated recovery policy was the date on which the new system of Australian registration of ships became operative in 1982.
Prior to that date Australian ships were registered under United Kingdom legislation. To avoid confusion and unnecessary complications during changeover to Australian registration, it was directed that the starting rate for fees for Australian registration would be equivalent to the United Kingdom fee structure current at the commencement of the Australian system, although these fees would not cover the administrative costs of the new system.
In 1982/83 fees were increased to recover 43% of the costs incurred by the Shipping Registration Office. In 1983/84, they were further increased to recover 65% of those costs.
Consequently fees have been increased to achieve an 87% cost recovery for the year 1984/85, the third of the five year programme.
Proposed Regulation 1 repeals existing Schedule 3 and substitutes a new Schedule 3 indicating the new fees.
Proposed Regulation 2 provides for the Statutory Rule to come into operation on 1 October 1984.
Authority: | | Section 83 of the Shipping Registration Act 1981 |
Overview
The Shipping Registration Act 1981 was enacted to provide a regulatory framework for the registration of ships in Australia. This Act was introduced to address the need for a national system to replace the prior reliance on United Kingdom legislation for the registration of Australian ships. The Shipping Registration Act 1981 empowers the Governor-General to make regulations necessary for the effective implementation of the Act, including the imposition and recovery of fees for various registration-related activities. As part of a policy to gradually recover the full administrative costs associated with the establishment and operation of the Australian Shipping Registration Office, the Act allows for the periodic adjustment of fees. The policy objective is to achieve full cost recovery over a five-year period starting from 1982, with fee adjustments made in subsequent years to progressively increase the proportion of costs recovered. The enacting body responsible for this legislative amendment is the Minister of State for Transport, who issued Statutory Rule No. 273 of 1984 under the authority granted by the Shipping Registration Act 1981.
Scope and Application
The Shipping Registration Regulations (Amendment) Statutory Rule No. 273 of 1984, issued under the authority of the Minister of State for Transport, pertains to the amendment of the existing Shipping Registration Regulations as per Section 83 of the Shipping Registration Act 1981. This statutory rule applies to all entities and individuals involved in the registration, re-registration, and maintenance of ships under Australian jurisdiction. It encompasses the imposition and recovery of fees associated with various aspects of the registration process, including applications, document lodging, ship registration, issuance of certificates, and the supply of copies or abstracts from the Register. The amendments to the fees structure are aimed at achieving a full cost recovery for the Shipping Registration Office over a five-year period, starting from the implementation of the Australian registration system in 1982. The amendments specifically target the recovery of 87% of the administrative costs for the year 1984/85, with the new fee structure set to come into effect on 1 October 1984. The application of this statutory rule is confined to the Commonwealth, ensuring a uniform approach to shipping registration across Australia.
Key Provisions
The Shipping Registration Regulations (Amendment) Statutory Rule No. 273 of 1984, made under section 83 of the Shipping Registration Act 1981, primarily introduces changes to the fees associated with ship registration in Australia. Regulation 1 of the Statutory Rule repeals the existing Schedule 3 of the Shipping Registration Regulations, which specified the fees for various services such as application, document lodging, ship registration and re-registration, certificate issuance, and supply of registry documents. This repeal is to be replaced by a new Schedule 3 that details updated fee structures.
Under the new regulations, entities such as ship owners, operators, and agents are required to pay the specified fees for the aforementioned services. These fees are intended to recover 87% of the costs associated with maintaining and operating the Shipping Registration Office for the year 1984/85, as part of a five-year program to fully recover the administrative costs. The updated fees are to take effect from the commencement date of the Statutory Rule, which is 1 October 1984, as outlined in Regulation 2.
The Statutory Rule does not explicitly state offences, penalties, or consequences for non-compliance with the fee requirements. However, non-payment or underpayment of the specified fees could potentially lead to legal consequences under the Shipping Registration Act 1981. The Act generally provides for the imposition of penalties for non-compliance with its provisions, including fines or other civil or criminal sanctions as deemed appropriate by the courts. The specific penalties would depend on the nature and extent of the non-compliance, and would be determined in accordance with the broader legal framework provided by the Act.