Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (ORDERS) AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 359 OF 2006)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 359

 

Issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services

 

Navigation Act 1912

 

Navigation (Orders) Amendment Regulations 2006 (No. 1)

 

Section 425 of the Navigation Act 1912 (the Act) provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 425(1AA) of the Act provides that the Australian Maritime Safety Authority (AMSA) may, by legislative instrument, make orders with respect to any matter in Part II, III, IIIA, IV, V, VA, VB or XA of the Act for or in relation to which provision may be made by the regulations, other than the imposition of penalties. Orders made under subsection 425(1AA) are known as Marine Orders.

 

The amending Regulations make two minor amendments to the Navigation (Orders) Regulations 1980 (the Principal Regulations) which prescribe matters for purposes of orders made under subsection 425(1AA) of the Act.

 

Regulation 3A of the Principal Regulations provided for the reconsideration by AMSA and the Administrative Appeals Tribunal of decisions made under an order in relation to the issue, recall, surrender or replacement of certificates which provide evidence of qualifications of masters, officers and seamen.

 

Regulation 3A duplicated a provision in Part 3 (Seagoing Qualifications) of Marine Orders. The amending Regulations therefore repealed regulation 3A.

 

Subregulation 4(1) of the Principal Regulations provided that a person who fails to comply with a provision of an order made under the Act that is expressed to be a penal provision is guilty of an offence punishable by, in the case of an individual, a maximum fine of 20 penalty units and, in the case of a body corporate, a maximum fine of 50 penalty units.

 

Paragraph 425(1)(h) of the Act was substituted by the Maritime Legislation Amendment Act 2006¸ with effect from 4 May 2006, to provide, amongst other things, that the maximum penalty that may be prescribed for a breach of an order is 50 penalty units. The amending Regulations consequentially substituted subregulation 4(1) of the Principal Regulations to provide that a person who fails to comply with a provision of an order that is expressed to be a penal provision commits an offence with a maximum penalty of 50 penalty units. In accordance with section 4B of the Crimes Act 1914, a maximum penalty of 250 penalty units applies where there is a breach of a penal provision by a body corporate.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The Regulations commenced on the day after their registration on the Federal Register of Legislative Instruments.


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