Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (MARINE CASUALTY) REGULATIONS (AMENDMENT) 1991 NO. 462

STATUTORY RULES 1991 No. 462

Issued by the authority of the Minister for Shipping and Aviation Support

Navigation Act 1912

Navigation (Marine Casualty) Regulations (Amendment)

Subsection 425(1) of the Navigation Act 1912 provides that the Governor-General may make regulations for the purposes of the Act.

The amendments to the Navigation (Marine Casualty) Regulations (the Regulations) fulfil an undertaking made to the Senate Standing Committee on Regulations and Ordinances in relation to concerns expressed by the Committee in November 1990.

The amendments to the Regulations ensure that where the Regulations require a person to provide information or answer questions, then the person cannot refuse to do so solely on the grounds that it might incriminate him or herself or make him or herself subject to a penalty.

The amended Regulations provide that any information obtained from the person will not be used against them except in proceedings arising from regulation 33. Essentially, subregulation 33(1) makes it an offence for a person to, without reasonable excuse, refuse or fail:

•       to appear before the Inspector of Marine Accidents or an investigator of the Board of Marine Inquiry;

•       to take an oath or make an affirmation; or

•       to answer a question or produce a record

when required to do so under the Regulations.

Basically, subregulation 33(2) makes it an offence for a person to knowingly or recklessly make false or misleading statements or provide false or misleading documents to the Board of Marine Inquiry or to an authorised person. The amended Regulations commenced on gazettal.