Shipping Registration Regulations (Amendment)

Overview

The Shipping Registration Regulations (Amendment) Statutory Rule No. 181 of 1982, issued under the authority of the Minister of State for Transport and Construction, amends the Shipping Registration Regulations to address a gap in the legislative framework concerning the registration requirements for small craft operated by inhabitants of the Torres Strait. This amendment was introduced to alleviate administrative burdens on local communities while ensuring compliance with existing maritime regulations. The policy objective is to facilitate the operation of small craft by Torres Strait Islanders without imposing unnecessary registration requirements, thereby balancing regulatory oversight with practical considerations for local maritime activities. The Shipping Registration Act 1981, proclaimed on 11 December 1981, empowers the Governor-General to enact regulations that are consistent with the Act. The Act already contains provisions that restrict the departure of unregistered ships from Australian ports and the issuance of clearance certificates for such ships, except for those specifically prescribed. The new Regulation 33A introduced by this amendment aims to exempt small craft operated by Torres Strait Islanders from the general registration requirements, ensuring that these vessels can operate without the need for formal registration, thereby providing a more tailored regulatory approach for local maritime needs.

Scope and Application

The Shipping Registration Regulations (Amendment) Statutory Rule No. 181 of 1982 applies to ships and their operators, particularly focusing on those intending to depart from Australian ports to locations outside Australia. The regulation operates under the authority of the Shipping Registration Act 1981, which mandates that ships not registered in Australia must not leave Australian ports for overseas destinations unless exempted. This Act also stipulates that a Certificate of Clearance cannot be issued for such unregistered ships unless they meet the registration requirements. However, certain ships or classes of ships may be exempt from these requirements, as outlined in the Act. The amendment introduced by Statutory Rule No. 181 of 1982 specifically adds a new Regulation 33A to exempt small craft operated by inhabitants of the Torres Strait from the registration provisions. This amendment is intended to provide relief to local operators in the Torres Strait, ensuring that they are not unduly burdened by the registration requirements applicable to other ships. The regulation's scope is confined to the territorial waters of Australia and applies to all ships subject to the Act unless specifically exempted.

Key Provisions

The Shipping Registration Regulations (Amendment) Statutory Rule No. 181 of 1982 introduces a new regulation under the Shipping Registration Act 1981. Regulation 33A specifically addresses the registration requirements for small craft operated by inhabitants of the Torres Strait, as outlined in sub-section 68(4) of the Act. This amendment aims to exempt such small craft from the general registration requirements that apply to other ships, thereby permitting their operation without the need for formal registration under certain conditions. Under the Act, as governed by sub-section 68(1), an unregistered ship is not permitted to depart from an Australian port to a location outside Australia. This requirement ensures that ships are registered before they engage in international voyages. Similarly, sub-section 68(3) mandates that a Collector of Customs cannot grant a Certificate of Clearance for an unregistered ship. This Certificate of Clearance is essential for a ship to legally leave Australian waters. However, sub-section 68(4) allows for exceptions to these rules, where certain ships or classes of ships are prescribed as exempt from these requirements. The new Regulation 33A now specifically identifies small craft operated by Torres Strait Islanders as those exempt from the registration requirements. The imposition of these regulations creates specific obligations for the parties involved. For the ships in question, particularly the small craft operated by Torres Strait Islanders, the primary obligation is to ensure compliance with the new exemption provided by Regulation 33A. This means these small craft can operate without formal registration, but only under the conditions specified in the regulation. For the Collectors of Customs, the obligation is to recognise and respect the exemption provided by Regulation 33A when deciding whether to issue a Certificate of Clearance. Collectors must ensure that only those ships that are not covered by the exemption (i.e., not small craft operated by Torres Strait Islanders) are subjected to the standard registration requirements. Failure to comply with the provisions of the Act, including the new Regulation 33A, can result in significant consequences. While the Act does not explicitly state penalties for non-compliance with the registration exemption, breaching the general requirement that an unregistered ship should not depart from Australian ports (sub-section 68(1)) can result in severe penalties. A person who causes or permits such a departure may be guilty of an offence and is liable to a penalty. The specific penalties for such breaches are not detailed in the provided text, but under general maritime law, the penalties can be substantial, including fines and potential imprisonment. Similarly, Collectors of Customs who fail to enforce the registration requirements correctly could face professional and legal repercussions.