Commonwealth Numbered Acts

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NAVIGATION ACT 2012 (NO. 128, 2012) - SECT 339

General regulation-making power

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), regulations may make provision for or in relation to the following:

                     (a)  design and construction of vessels;

                     (b)  machinery and equipment to be carried on board vessels, including but not limited to the following:

                              (i)  machinery and equipment for sending or receiving distress, urgency and other signals;

                             (ii)  radio installations, radio navigational aids and communications equipment;

                            (iii)  compasses;

                            (iv)  lights;

                     (c)  operating, maintaining, checking and testing any such machinery and equipment;

                     (d)  marking of load lines on vessels;

                     (e)  the stability of vessels including information about, and testing of, the stability of vessels;

                      (f)  operating watertight doors;

                     (g)  saving of life at sea, including:

                              (i)  the equipment to be carried on board vessels; and

                             (ii)  measures to be carried out for the purpose of saving life at sea;

                     (h)  prevention, detection and extinguishment of fires at sea, including:

                              (i)  equipment to be carried on board vessels; and

                             (ii)  measures to be carried out for the purpose of preventing, detecting and extinguishing fires at sea;

                      (i)  maintenance, testing, survey and certification of vessels;

                      (j)  special purpose vessels;

                     (k)  nuclear vessels;

                      (l)  logbooks;

                    (m)  records relating to compliance with this Act;

                     (n)  the exercise of powers, and performance of functions, of issuing bodies under this Act;

                     (o)  matters of a transitional nature (including matters of an application or saving nature) arising out of the enactment of this Act or the repeal of the Navigation Act 1912 or the Lighthouses Act 1911 .

             (3)  Regulations made for the purposes of paragraph (2)(o) may:

                     (a)  provide for specified certificates in force under the Navigation Act 1912 immediately before its repeal to have effect, subject to any specified conditions or limitations, for the purposes of this Act or specified provisions of this Act as if those certificates had been issued under specified provisions of this Act; and

                     (b)  provide for specified things done under the Navigation Act 1912 , or under regulations or instruments made under that Act, to have effect, subject to any specified conditions or limitations, for the purposes of this Act or specified provisions of this Act as if those things had been done under specified provisions of this Act; and

                     (c)  provide that all or specified agreements that were in force immediately before the repeal of the Navigation Act 1912 and that, immediately before that repeal complied with one or more specified provisions of Division 8 of Part II of that Act, comply with regulations made for the purposes of subsection 54(5) of this Act, subject to specified limitations.

This subsection does not limit paragraph (2)(o).

             (4)  To avoid doubt, regulations under this section may be expressed to apply to vessels that are not regulated Australian vessels.



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