Shipping Registration (Repeal and Consequential Amendments) Regulations 2019

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

Legislation au F2019L00210 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Deputy Prime Minister and

Minister for Infrastructure, Transport and Regional Development

 

Shipping Registration Act 1981

Shipping Registration (Repeal and Consequential Amendments) Regulations 2019

 

 

OUTLINE

 

The Shipping Registration Act 1981 (the Act) sets out the legislative requirements for the registration of ships in Australia.

 

Section 83 of 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 Regulations are a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

 

The purpose of the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019 (the Regulations) is to repeal the Shipping Registration Regulations 1981, and to make minor amendments to the Electronic Transactions Regulations 2000 and the Personal Property Securities Regulations 2010.

 

The Department undertook a desk-top review of the Regulations, in consultation with AMSA and key industry stakeholders, to ensure that each provision is required and fit for purpose.

The Department consulted with vessel owners regarding amending the Regulations.

The Department did not receive any responses to the consultation survey of ship owners.

It is the Department’s understanding that the Regulations are required and fit for purpose.

 

The Department consulted with the Office of Best Practice Regulation (OBPR). Under the sunsetting instrument Regulation Impact Statement (RIS) requirements, the Department of Infrastructure, Regional Development and Cities has certified that an assessment of the Regulation has demonstrated it will achieve its objectives efficiently and effectively.

 

Details of the Regulations are at Attachment A.

 

A Statement of Compatibility with Human Rights is at Attachment B.


ATTACHMENT A

 

Details of the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019

 

Section 1 – Name

Section 1 provides that the title of the Regulation is the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019

 

Section 2 – Commencement

Section 2 provides that the instrument commences at the same time as the Shipping Registration Amendment Act 2019 (Shipping Registration Amendment Act) commences. The Shipping Registration Amendment Act will commence by proclamation, or six months after the date that it receives royal assent.

 

The Regulations will commence on the same day as the Shipping Registration Amendment Act because that Act makes changes to the Shipping Registration Act 1981 that are necessary for the remaking of the Regulations.

 

Section 3 – Authority

Section 3 outlines that this instrument is made under the Shipping Registration Act 1981; the Electronic Transactions Act 1999; and the Personal Property Securities Act 2009.

 

Section 4 – Schedules

Section 4 outlines that the Schedules to the Regulation amend or repeal the legislative instruments listed in the Schedules.

 

Schedule 1 Repeals

Shipping Registration Regulations 1981

Section 1 – The whole of the instrument

Section 1 repeals the Shipping Registration Regulations 1981.

 

Schedule 2 – Amendments

Electronic Transactions Regulations 2000

Section 1 – Schedule 1 (table item 131)

Section 1 amends the Electronic Transactions Regulations 2000 as described. This is to ensure that reference is made in table item 131 to the correct regulation.

 

Personal Property Securities Regulations 2010

Section 2 – Regulation 1.6 (subparagraph (b)(ii) of the definition of watercraft)

Section 2 amends the Personal Property Securities Regulations 2010 as described. This is to ensure that the definition of watercraft correctly references the Shipping Registration Regulations 2019 rather than the repealed version.

 


ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Shipping Registration (Repeal and Consequential Amendments) Regulations 2019

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The purpose of the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019 is to repeal the Shipping Registration Regulations 1981, and to make minor amendments to the Electronic Transactions Regulations 2000 and the Personal Property Securities Regulations 2010.

 

Human rights implications

This Disallowable Legislative Instrument does not contain any human rights implications.

 

Conclusion

This Disallowable Legislative Instrument is compatible with human rights.

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional        Development, the Hon Michael McCormack MP

 

 

 

 

 

Overview

The Shipping Registration (Repeal and Consequential Amendments) Regulations 2019 were issued under the authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development to bring about a necessary update and consolidation of the regulatory framework governing the registration of ships in Australia. Enacted as a legislative instrument under the Shipping Registration Act 1981, the Regulations aim to repeal the outdated Shipping Registration Regulations 1981 and incorporate minor amendments to the Electronic Transactions Regulations 2000 and the Personal Property Securities Regulations 2010. This regulatory update was deemed necessary to ensure that the legislative provisions are current, effective, and fit for purpose. The policy objective behind these Regulations is to streamline and modernise the registration processes, facilitating compliance and enhancing regulatory efficiency. The Regulations were developed following a desk-top review conducted by the Department, in consultation with relevant industry stakeholders, to ensure that the amendments achieve their intended objectives effectively and efficiently.

Scope and Application

The Shipping Registration Act 1981 governs the registration of ships in Australia, and its scope applies to all ships that are to be registered within the Australian jurisdiction. The Act outlines the legislative requirements for the registration of ships and provides the authority for the Governor-General to make regulations necessary for the implementation of the Act. These regulations, such as the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019, can extend or restrict the application of the Act through subordinate instruments, ensuring that the legislative framework remains current and effective. The Act applies to all persons and entities involved in the registration of ships, including ship owners, operators, and relevant maritime authorities. Its jurisdictional reach is national, applying uniformly across Australia, and it does not specify any exclusions, exemptions, or thresholds within the primary text. The Regulations themselves repeal the Shipping Registration Regulations 1981 and make minor amendments to the Electronic Transactions Regulations 2000 and the Personal Property Securities Regulations 2010 to ensure consistency and relevance with the updated legislative framework.

Key Provisions

The Shipping Registration (Repeal and Consequential Amendments) Regulations 2019 (Regulations) are designed to bring about a significant change in the legislative framework governing ship registration in Australia. Section 1 of the Regulations states that the title of this instrument is the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019. The Regulations commence on the same day as the Shipping Registration Amendment Act 2019, as outlined in Section 2, which ensures the smooth transition of legislative changes. The authority to make these Regulations is derived from the Shipping Registration Act 1981, the Electronic Transactions Act 1999, and the Personal Property Securities Act 2009, as detailed in Section 3. The Regulations are structured to repeal the existing Shipping Registration Regulations 1981 and to amend other related regulations to ensure consistency and relevance with the new legislative environment. The Regulations impose specific obligations on the parties involved, including ship owners, operators, and other stakeholders. These obligations primarily revolve around the requirement to comply with the updated regulatory framework that now governs ship registration in Australia. For instance, the repeal of the Shipping Registration Regulations 1981 and the amendments to the Electronic Transactions Regulations 2000 and the Personal Property Securities Regulations 2010 mean that ship owners and operators must adhere to the new provisions set out in the Regulations. This includes ensuring that all documentation and records are updated to reflect the new requirements, thereby maintaining compliance with the law. Under the new Regulations, any failure to comply with the requirements can result in both civil and criminal consequences. While the Regulations themselves do not explicitly detail specific penalties, the underlying Acts from which the Regulations derive their authority do outline potential penalties for non-compliance. For instance, offences under the Shipping Registration Act 1981 can result in substantial fines, and in severe cases, imprisonment. The exact penalties would be determined based on the nature and severity of the breach, as well as any relevant case law or statutory guidelines. It is crucial for ship owners and operators to be fully aware of their obligations under these Regulations to avoid any legal repercussions.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Amendments
Human Rights Compatibility

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.