Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (MANNING) REGULATIONS (REPEAL) 1991 NO. 334

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 334

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

Navigation Act 1912

Navigation (Manning) Regulations (Repeal)

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

Prior to the enactment of the Australian Maritime Safety Authority Act 1990 (the AMSA Act), subsection 14(1) of the Act authorised the Minister by order to make provision for the number and qualification of crew members of ships, and required him or her in doing so to take account of principles prescribed by regulations for the purposes of the subsection. The previous Navigation (Manning) Regulations set up a system of manning committees to advise the Minister on the making of orders under subsection 14(1), and also required the supply of copies of plans of ships for the purpose of enabling the Minister to make orders.

The AMSA Act amended subsection 14(1) to confer the ordermaking power on the Australian Maritime Safety Authority (the Authority), repealed the former subsections 14(2) and (3), and inserted a new subsection 14(3) directing the Authority not to exercise its powers under subsection 14(1) except to the extent that it appeared to the Authority to be necessary to do so in the interests of safety or the protection of the marine environment. Consequently, the previous regulations setting up the system of manning committees, and requiring the supply of plans of ships, are no longer necessary and have been repealed.

The repeal came into force on the day of Gazettal.

(S.R. 480/90)


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