EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 231

 

Issued under the authority of the Minister for Transport and Regional Services

 

Protection of the Sea (Oil Pollution Compensation Fund) Act 1993

 

Protection of the Sea (Oil Pollution Compensation Fund) Amendment Regulations 2006 (No. 1)

 

Section 47 of the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Regulation 23 of the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994 required persons who received more than 150,000 tonnes of "contributing oil" (meaning crude oil and heavy fuel) in the previous year to advise the Australian Maritime Safety Authority (AMSA) by 1 March in accordance with the form set out in the Schedule. The form had to be accompanied by a statutory declaration declaring that the information was correct and complete. 

 

The Regulations replaced the form in the Schedule with a revised form now required by the International Oil Pollution Compensation  Funds and requires the form to be submitted to AMSA by 1 April each year.

 

The Regulations also removed the requirement for a statutory declaration, as this has been made redundant by section 137.2 of the Criminal Code which provides that it is an offence to give false or misleading information in compliance with a law of the Commonwealth.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

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 registration on the Federal Register of Legislative Instruments.

 

            ATTACHMENT

 

DETAILS OF THE PROTECTION OF THE SEA (OIL POLLUTION COMPENSATION FUND) AMENDMENT REGULATIONS 2006 (NO. 1)

 

Regulation 1 -- Name of Regulations

 

Regulation 1 is a formal provision specifying the name of the Regulations.

 

Regulation 2 -- Commencement

 

Regulation 2 provides, in effect, that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.

 

Regulation 3 -- Amendment of the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994

 

Regulation 3 provides that Schedule 1 amends the Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994.

 

SCHEDULE 1 - AMENDMENTS

 

Item [1] -- This item inserts a new date for lodgement of the Report to the International Oil Pollution Compensation (IOPC) Funds on Receipts of Contributing Oil under subregulation 23(1), requiring lodgement of the form by applicants by 1 April each year rather than 1 March.

 

Item [2] -- This item removes the requirement that the Report be accompanied by a statutory declaration.

 

Item [3] -- This item replaces the current form for the Report to the IOPC Funds on Receipts of Contributing Oil with the updated form issued by the IOPC Funds administrator.