Ships (Capital Grants) Regulations (Amendment) 1992 No. 411
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 411
Issued by the Authority of the Minister for Shipping and Aviation Support
Ships (Capital Grants) Act 1987
Ships (Capital Grants) Regulations (Amendment)
Section 42 of the Ships (Capital Grants) Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act 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 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 do not fit the existing categories. A ship must possess a category certificate before its eligibility for a grant can be determined.
The Regulations create categories for the ships "Amity" and "John Oxley II", with specified maximum crew levels which have been assessed by the Australian Maritime Safety Authority to be safe and efficient for the operations of these ships.
The "Amity" is a dredger which is stationed in Moreton Bay, to dredge dead coral from the seabed for use in the manufacture of cement. The maximum crew level for the ship is 3.
The "John Oxley II" is a barge used to transport the coral from the "Amity" to Queensland Cement Limited's cement works at Darra, on the Brisbane River. The maximum crew level for the ship is 4.
In the absence of additional categories, the maximum crew level of 21 prescribed in the Act would apply to the "Amity" and the "John Oxley II". Due to the small size of both vessels, their design, operational requirements and work practices it is not consistent with the intention of the Act that these ships operate with maximum crews of that size.
Overview
The Ships (Capital Grants) Regulations (Amendment) 1992 No. 411, issued under the authority of the Minister for Shipping and Aviation Support, amends the existing regulations to provide specific maximum crew levels for two particular ships, "Amity" and "John Oxley II", in line with the Ships (Capital Grants) Act 1987. This legislation was introduced to address a gap in the regulation of crew levels for specific ships not fitting neatly into the existing categories, ensuring that the grant scheme effectively incentivises the introduction of efficient ships into the Australian shipping industry. The policy objective of the Act is to provide a taxable grant for the introduction of more efficient ships, which necessitates specific criteria for ship eligibility, including defined maximum crew levels that align with safety and operational efficiency. By amending the regulations to include these two vessels with their respective, lower maximum crew levels, the Act ensures that these ships can operate more appropriately within the grant scheme's intentions.
Scope and Application
The Ships (Capital Grants) Regulations (Amendment) 1992 No. 411 pertains to the Ships (Capital Grants) Act 1987 and is focused on creating specific categories for certain ships to determine their eligibility for grants based on efficient and safe manning levels. This Act applies to ships within the Australian shipping industry that seek to benefit from the taxable grant incentive provided under the Act. The primary focus is on establishing appropriate maximum crew levels for different categories of ships, ensuring they align with the operational requirements and safety standards set by the Australian Maritime Safety Authority. The Regulations specifically address the "Amity" and "John Oxley II" ships, setting their maximum crew levels at 3 and 4 respectively, as these are deemed suitable and efficient for their unique operations. The scope of the Act extends to any ship operating within Australia, with the intention of promoting efficiency and safety in the maritime sector by ensuring that ships are not over-manned relative to their size and operational needs.
Key Provisions
The Ships (Capital Grants) Regulations (Amendment) 1992 No. 411 amends the Ships (Capital Grants) Regulations under the Ships (Capital Grants) Act 1987 (the Act). Section 42 of the Act provides that the Governor-General may make regulations for the purposes of the Act. The Regulations specifically create categories for two ships, the "Amity" and the "John Oxley II," with specified maximum crew levels deemed safe and efficient by the Australian Maritime Safety Authority. These regulations are essential to ensure the ships are eligible for grants under the Act.
Under these Regulations, the "Amity," a dredger stationed in Moreton Bay, is categorised with a maximum crew level of 3. Similarly, the "John Oxley II," a barge used to transport dredged coral to Queensland Cement Limited's cement works at Darra, is categorised with a maximum crew level of 4. These specific crew levels are tailored to the operational requirements and safety considerations unique to each vessel, as opposed to the general maximum crew level of 21 prescribed in the Act. These tailored provisions help maintain efficiency and safety while complying with the Act’s intent.
The Regulations impose specific obligations on the owners and operators of the "Amity" and the "John Oxley II." They must ensure that the crew levels do not exceed the specified maximums as outlined in the Regulations. Failure to adhere to these crew levels could result in the ships not being eligible for grants under the Act. Owners and operators are also required to obtain and maintain a category certificate for each ship, which attests to compliance with the specified crew levels and operational requirements.
Failure to comply with the Regulations could lead to civil or criminal consequences. While the specific penalties are not detailed within the explanatory statement, breaches of regulations under the Act can generally result in substantial fines. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions in related legislation. Ensuring adherence to these Regulations is crucial to avoid any legal repercussions and to maintain the eligibility for grants under the Act.