EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 205

 

Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

Navigation Act 1912

 

Navigation (Supplementary) Amendment Regulations 2009 (No. 1)

 

Subsection 425(1) of the Navigation Act 1912 (the Act) provides, in part, that the Governor-General may make regulations, 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.

 

Regulation 3 of the Navigation (Supplementary) Regulations (the Principal Regulations) prescribes officers for the purposes of subsection 389A (3) of the Act. Subsection 389A (3) of the Act provides that if a prescribed officer (being an officer of the Australian Maritime Safety Authority) has reason to believe an offence against the Criminal Code has been committed in relation to a certificate issued under the Act, the officer may request in writing to the person in possession of the certificate, that the certificate be delivered to the officer. Offences under the Criminal Code in relation to a certificate include false or misleading information, forgery, using a forged document, or possession of a forged document.

 

The amending Regulations amended regulation 3 to reflect changes to certain position titles within the Australian Maritime Safety Authority.

 

The amending Regulations also amended the title of the Principal Regulations to reflect current drafting practice.

 

The amending 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 amending Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.