Marine Order 63 (MASTREP) 2013 [F2013L00837]-Concluded matters [2013] AUSStaCSDLM 338 (4 December 2013)

• Marine Order 63 (MASTREP) 2013 [F2013L00837]
• Insufficient information regarding strict liability offences

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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	5 December 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 requested further information from the former minister].

MINISTER'S RESPONSE:

The Minister for Infrastructure and Regional Development advised that section 6 of Marine Order 63 is an essential part of a regulatory regime designed for the safety of navigation of vessels operating in Australian waters. Strict liability is warranted for section 6 as a deterrent and to ensure the integrity of the regulatory regime. The offence is imposed to reduce the safety risk that would arise from the commission of the offences. The provision is consistent with the principles outlined in the publication, A Guide on Framing Commonwealth Offences, Infringement Notices and Enforcement Powers.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.