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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Marine Order 63 (MASTREP) 2013 [F2013L00837]-New and continuing matters [2013] AUSStaCSDLM 241 (27 June 2013)


Marine Order 63 (MASTREP) 2013 [F2013L00837]

Purpose
Establishes a system for the reporting of movement of vessels that are in the MASTREP area
Last day to disallow
9 September 2013
Authorising legislation
Navigation Act 1912
Department
Infrastructure and Transport

ISSUE:

Insufficient information regarding strict liability offences

Subsection 6(2) of this instrument creates a new strict liability offence for failing to provide position reports. However, no explanation is provided, either in the ES or the statement of compatibility with human rights, regarding the introduction of the offence. The committee's usual expectation in cases where an instrument makes provision for offences, particularly strict liability offences, is that the ES provide a full justification for the need, scope and framing of those offences. The committee therefore requests further information from the minister.


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