Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SHIPPING REGISTRATION AMENDMENT BILL 2018
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure, Transport and Regional
Development, the Hon Michael McCormack MP)
SHIPPING REGISTRATION AMENDMENT BILL 2018
OUTLINE
The purpose of this Bill is to amend the Shipping Registration Act 1981 (the Act) to make
minor technical changes that are necessary for the remaking of the Shipping Registration
Regulations 1981 (the Regulations). The minor changes include:
removing all provisions requiring the Regulations to prescribe the form of certificates
removing all references to prescribed forms of certificates
clarifying an appropriate head of power for provisions in the Regulations where
required.
The Bill does not change the policy intent or substance of the Act and all changes are
technical in nature.
Financial impact statement
The Bill has no financial implications
1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Shipping Registration Amendment Bill 2018
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill/Legislative Instrument
The Shipping Registration Amendment Bill 2018 (the Bill) makes minor technical changes to
the Shipping Registration Act 1981 (the Act). The changes include removing the requirement
for registration certificates to be prescribed in the Shipping Registration Regulations 1981
(the Regulations), and clarifying the head of power for some Regulations. The Bill is required
due to the sunsetting of the Regulations. A review of the Regulations identified that minor
technical changes to the Act were required in order for the Regulations to be remade.
Human rights implications
The Bill does not engage any of the applicable rights or freedoms.
Conclusion
The Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Infrastructure, Transport and Regional Development,
the Hon Michael McCormack MP
2
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause provides for the Bill, when enacted, to be cited as the Shipping Registration
Amendment Act 2018.
Clause 2: Commencement
2. Subclause (1) provides that each provision of the Act specified in column 1 of the table
commences or is taken to have commenced, on the day or at the time specified in column
2 of the table.
3. Item 1 of the table provides that all provisions of the Act will commence on a single day
to be fixed by proclamation, or 6 months after the day that the Act receives Royal Assent.
4. Subclause (2) provides that column 3 is for additional information that is not part of the
Act.
Clause 3: Schedule(s)
5. This clause is the formal enabling provision for the Schedules to the Act, providing that
each Act specified in a Schedule is amended in accordance with the applicable items of
the Schedule. In Schedule 1, the Shipping Registration Act 1981 (the Act) is being
amended.
6. The clause also provides that the other items of the Schedules have effect according to
their terms. This is a standard enabling clause for transitional, savings and application
items in amending legislation.
SCHEDULE 1 -
Item 1- Subsection 3(1)
7. This item inserts a definition for approved form for the purposes of each provision of the
Act and the Shipping Registration Regulations 1981 (the Regulations). This item clarifies
that approved forms are those that are approved in writing by the Authority. In practice
this means that the Authority may specify the forms that must be used for applications for
ship registration. It also permits the Authority to approve the form that shipping
registration certificates will take.
8. Currently, ship registration certificates are prescribed by the Regulations. Prescribing
certificates of this kind in disallowable instruments no longer complies with general
drafting principles and makes it difficult to alter certificates to modernise them. This item
will simplify the process for modernising and changing certificates.
3
Item 2 - Subsection 3(6)
9. This item removes the term 'a prescribed form' and replaces it with 'an approved form'.
This is because forms will no longer be prescribed in the Regulations, but will be
approved by the Authority.
Item 3 - After Section 3A
10. This item prescribes that the Authority may approve different forms of certificates for the
purposes of the provisions of the Act. It also specifies that different forms of certificates
can be approved for different types of ships.
11. This item also requires that the Authority will publish each form on its website. This is to
ensure that the forms are easily accessible for stakeholders who wish to apply for ship
registration.
Item 4 - Paragraph 19(2)(a)
12. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 5 - Subsection 21(2)
13. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 6 - Paragraph 21(7)(a)
14. This item amends the paragraph so that provisional registration certificates granted by the
Authority must be in the approved form. This item corrects an oversight whereby the
relevant Regulation for this paragraph refers to prescribed forms but the Act does not.
This item amends the Act so that provisional certificates must be in the form approved by
the Authority.
Item 7- Subsection 22(1)
15. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 8 - At the end of subsection 22(6)
16. This item amends the paragraph so that provisional registration certificates granted by the
Authority must be in the approved form. This item corrects an oversight whereby the
relevant Regulation for this paragraph refers to prescribed forms but the Act does not.
This item amends the Act so that provisional certificates must be in the form approved by
the Authority.
4
Item 9 - Subsection 22A(1) and (2)
17. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 10 - At the end of subsection 22A(6)
18. This item amends the paragraph so that provisional registration certificates granted by the
Authority must be in the approved form. This item corrects an oversight whereby the
relevant Regulation for this paragraph refers to prescribed forms but the Act does not.
This item amends the Act so that provisional certificates must be in the form approved by
the Authority.
Item 11 - Subsection 23(2)
19. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 12 - Subsections 47A(1) and (4)
20. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 13 - Paragraph 65(1)(d)
21. This item removes the term 'prescribed form' and replaces it with 'approved form'. This
is because forms will no longer be prescribed in the Regulations, but will be approved by
the Authority.
Item 14 - Subsection 65(3)
22. This item inserts a requirement for proper officers to provide documents relating to ship
registration applications to the Registrar. Currently, when a proper officer grants a
provisional registration certificate, the Act requires that they forward a copy of the
certificate and a statement regarding the particulars of the grant of the certificate to the
Registrar. The Regulations require proper officers to also forward any documents relating
to the application to the Registrar.
23. This item clarifies the head of power to ensure that proper officers who grant provisional
registration certificates must forward to Registrar all the supporting documents that were
produced to obtain the certificate.
Item 15 - Subsection 83(2)
24. This item makes a minor amendment to the subsection so that is clear that the text of
subsection 83(2) is referring to the subsequent paragraphs and subparagraphs.
5
Item 16 - Paragraph 83(2)(a)
25. This item amends the paragraph to clarify that the Regulations can specify both the form
and manner in which applications under the Act are to be made. Currently, the Act states
that the Regulations can only prescribe the manner in which, and the time within which,
applications are to be made.
Item 17 - Paragraph 83(2)(b)
26. This item amends the paragraph to clarify that the Regulations can make provision for
statutory declarations to be furnished by applicants in connection to applications under the
Act. Currently the Act does not address whether statutory declarations are among the
documents and information for which the Regulations may make provision.
Item 18 - Paragraph 83(2)(e)
27. This item amends the paragraph to clarify that the Regulations can specify both the form
and manner in which documents and information are to be lodged with the Registrar.
Currently, the Act states that the Regulations can only prescribe the manner in which, and
the time within which, documents and information must be provided to the Registrar in
relation to applications for registration.
Item 19 - At the end of paragraph 83(2)(e)
28. This item inserts two subparagraphs to clarify that the Registrar can refuse applications
that do not meet the requirements prescribed by the Regulations, and can extend
timeframes for lodgement of documents.
Item 20 - After paragraph 83(2)(e)
29. This item inserts a new paragraph to clarify that the Regulations can specify the manner in
which documents must be signed before lodgement with the Registrar or a proper officer.
The Regulations currently specify how documents must be signed and this item will give
explicit power for them to do so.
Item 21 - Paragraph 83(2)(n)
30. This item amends the paragraph to clarify that the Regulations can provide for the
Authority to determine the ports that can be selected as home ports for registered ships.
The regulations already provide for the Authority to have this power, but this amendment
makes the head of power for that provision explicit.
Item 22 - Paragraph 83(2)(p)
31. This item amends the paragraph to clarify what exemptions from ship marking
requirements the Regulations can make provision for. The amendment clarifies that the
Regulations can provide for the Authority to exempt ships or classes of ships wholly or in
part from ship marking requirements, subject to conditions.
6
32. In practice, this means that where it is unreasonable for the Authority to require strict
compliance with ship marking requirements, such as with heritage ships or ships that, due
to their shape and size, are unable to comply, the Authority can provide whole or partial
exemptions. This may include requiring the ships to be marked, but in a different place, or
in fonts of a different size or type.
Item 23 - Paragraph 83(2)(w)
33. This item removes the word "and" as it is not required for this paragraph. The meaning of
the paragraph and subregulation are not changed by the removal of 'and'.
7