Commonwealth Numbered Regulations - Explanatory Statements

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

Navigation Act 1912

Navigation (Orders) Regulations (Amendment)

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

Since 1 January 1991, subsection 425(1AA) of the Act has provided the Australian Maritime Safety Authority (the Authority) with a qualified power to make orders. Subregulation 3(1) of the Navigation (Orders) Regulations (the Regulations), however, continued to provide that the Minister may make orders for, and in relation to, certain specified matters.

The amendments to the Regulations delete regulation 3 in its entirety because, as noted, the appropriate order-making power is now incorporated in the Act.

The amendments to the Regulations also replace references to the Secretary and officers of the Department with references to the Authority and its officers, and transfer to the Authority the Minister's power to grant exemptions from orders that are based on the Uniform Shipping Laws Code. (If the Authority refuses to grant such an exemption, a certificate would not be issued under Part IV of the Act, and the failure to issue a certificate is a reviewable decision under section 377D of the Act.)

The Regulations continue to prescribe it to be an offence to not comply with orders (regulation 4), and provide an avenue for review of decisions made under orders (regulation 3A).

The amended Regulations commenced on gazettal.

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