Ships (Capital Grants) Regulations (Amendment) 1993 No. 287
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 287
Issued by the authority of the Minister for Transport and Communications
Ships (Capital Grants) Act 1987
Ships (Capital Grants) Regulations (Amendment)
Section 42 of the Ships (Capital Grants) Act 1987 provides that the Governor-General may make Regulations for the purposes of the Act.
The purpose of the proposed amendment to the Regulations is to vary the existing category created for the ship SeaCat Tasmania to allow it to undertake a wider variety of voyages during the period 22 May 1992 and 30 November 1993, with a higher maximum crew level, than its category currently allows.
The Ships (Capital Grants) Act 1987 is intended to provide an incentive in the form of a taxable grant for the introduction of more efficient ships into the Australian shipping industry. To be eligible for, and retain, a grant a ship must comply with certain maximum crew levels specified in the Act which are prescribed according to the category of ship. The Act provides for Regulations to create categories where proposed ships, or voyages of ships that have been paid grants, do not fit existing categories set out in the Act or created by Regulation.
Regulation 1 provides the date of effect of the amendment to be 22 May 1992. The commencement date reflects an application for a variation to the SeaCat Tasmania's category certificate that was held over pending the outcome of an appeal to the Administrative Appeals Tribunal (AAT) by the operators of the ship on a decision of the Delegate of the Secretary to the Department of Transport and Communications rejecting an application that the ship be allowed to operate overseas with a crew not made up wholly of Australian residents from 22 May 1992. The AAT subsequently approved the use of non-resident crew.
This amendment is beneficial to the owners of the SeaCat Tasmania. In terms of subsection 48(2) of the Acts Interpretation Act 1901 no liability will be imposed on a person (other than the Commonwealth) in respect of anything done before the date of notification.
Regulation 2 provides that these Regulations amend the Ships (Capital Grants) Regulations.
Regulation 3 sets out the additional eligible voyages that the SeaCat Tasmania is able to undertake. This ensures that the voyages undertaken by the SeaCat Tasmania in the English Channel during the period 22 May 1992 and 30 November 1993 do not fall outside the ship's category certificate and the ship's operators will not, as a result, be liable to repay the grant as would have been required under the Act.
Regulation 4 prescribes that the maximum number of crew for the SeaCat Tasmania while it is undertaking voyages between places outside of Australia's territorial waters is to be 19.
Overview
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287, issued under the authority of the Minister for Transport and Communications, amends the existing regulations to address a specific issue concerning the ship SeaCat Tasmania. Enacted to complement the Ships (Capital Grants) Act 1987, the amendment aims to facilitate the SeaCat Tasmania's ability to undertake a broader range of voyages, including those in international waters, and to permit a higher crew level than previously allowed. This legislative adjustment responds to an appeal by the ship's operators, ensuring they comply with the eligibility criteria for capital grants without facing potential liability for repaying the grant. The amendment reflects the need to accommodate operational changes while maintaining compliance with legislative requirements designed to incentivise the introduction of efficient ships within the Australian shipping industry.
Scope and Application
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287 amends the existing category created for the ship SeaCat Tasmania under the Ships (Capital Grants) Act 1987. This amendment allows the ship to undertake a wider variety of voyages between 22 May 1992 and 30 November 1993, with a higher maximum crew level than its category currently permits. The Act aims to provide an incentive in the form of a taxable grant for the introduction of more efficient ships into the Australian shipping industry, requiring ships to comply with certain maximum crew levels specified according to their category to be eligible for and retain a grant. This amendment is specifically beneficial to the owners of the SeaCat Tasmania, as it ensures that the ship's voyages in the English Channel during the specified period fall within its category certificate, preventing the ship's operators from being liable to repay the grant. The amendment's effective date of 22 May 1992 corresponds to the conclusion of an appeal to the Administrative Appeals Tribunal regarding the use of non-resident crew, which was subsequently approved.
Key Provisions
The Ships (Capital Grants) Regulations (Amendment) 1993 No. 287 amends the existing regulations under the Ships (Capital Grants) Act 1987 to allow the SeaCat Tasmania to undertake a wider range of voyages and to operate with a higher maximum crew level. Regulation 1 specifies that the amendment will take effect from 22 May 1992, which is the date that reflects the outcome of an appeal to the Administrative Appeals Tribunal (AAT) by the ship's operators concerning the use of non-Australian resident crew members. Regulation 3 details the additional eligible voyages that the SeaCat Tasmania can now undertake, ensuring that voyages in the English Channel between 22 May 1992 and 30 November 1993 fall within the ship's category certificate. Regulation 4 sets a new maximum crew level of 19 for voyages outside Australia's territorial waters.
The amended Regulations impose obligations on the SeaCat Tasmania's operators to ensure that the ship complies with the new category specifications, particularly with regard to the allowable crew numbers and the types of voyages permitted. The operators must maintain documentation and records that demonstrate compliance with these specifications to retain eligibility for the capital grant under the Act. Failure to comply with the amended Regulations could result in the ship's operators being liable to repay the grant, which could have significant financial implications.
Under the Ships (Capital Grants) Act 1987, there are penalties for non-compliance with the terms of the grant. If the SeaCat Tasmania's operators fail to adhere to the stipulated crew levels or undertake voyages outside the permitted categories, they may be required to repay any capital grants received. Additionally, under subsection 48(2) of the Acts Interpretation Act 1901, no liability will be imposed on a person (other than the Commonwealth) for actions taken before the date of notification, which in this case is 22 May 1992. This means that any actions taken prior to this date will not attract the penalties or liabilities outlined in the Act. The precise penalties and consequences for non-compliance are not explicitly stated in the explanatory statement, but they are governed by the provisions of the Ships (Capital Grants) Act 1987.