Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 425

             (1)  The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act or for the conduct of any business under this Act, and in particular prescribing matters providing for and in relation to:

                     (a)  the inspection and testing of machinery and appliances for the loading and unloading of ships;

                     (b)  the prevention of the use of defective machinery or appliances for the loading or unloading of ships;

                     (c)  the protection of the health and the security from injury of persons engaged in the loading or unloading of ships;

                     (d)  matters affecting the stability of ships;

                   (da)  the regulation of the use of lights or fire in the holds of ships;

                   (db)  the safe navigation and operation of ships;

                   (dc)  vessel traffic services (within the meaning of section 411);

                     (e)  the safety of persons, including pilots, going on or coming from, or on board, ships;

                     (g)  the issue of certificates as to the service at sea of seamen;

                     (h)  the imposition of penalties not exceeding 50 penalty units for a contravention of:

                              (i)  a provision of the regulations; or

                             (ii)  a provision of an order made under subsection (1AA); or

                            (iii)  a notice, order, direction or instruction given, issued or made under, or in force by virtue of, the regulations;

                   (ha)  the manner in which notices, orders, directions, instructions or other documents under this Act may be given, served or notified; and

                      (i)  the fixing of the fees to be paid in respect of any matters under this Act.

       (1AA)  The Authority may, by legislative instrument, make orders with respect to any matter in Part II, III, IIIA, IV, V, VA, VB or XA for or in relation to which provision may be made by the regulations, other than matters referred to in paragraph (1)(h).

Note:          Part 6 of the Legislative Instruments Act 2003 , which deals with sunsetting of legislative instruments, does not apply to an order under this subsection (see item 27 of the table in subsection 54(2) of that Act).

             (2)  The power to make regulations and orders conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:

                     (a)  provision is made by this Act or the regulations, as the case may be, in relation to that matter or another matter; or

                     (b)  power is expressly conferred by this Act or the regulations, as the case may be, to make provision by regulation or order for or in relation to another matter.

             (3)  The power to make regulations and orders conferred by this Act may be exercised:

                     (a)  in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

                     (b)  so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.

             (4)  The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.

          (5A)  Unless the contrary intention appears, expressions used in orders have the same meanings as in this Act.

          (5B)  Orders shall be read subject to this Act and so as not to exceed the power conferred by this Act to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

          (5C)  Where a provision of an order is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

          (6A)  Despite section 14 of the Legislative Instruments Act 2003 , the regulations may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders as in force or existing from time to time.

             (7)  Despite section 14 of the Legislative Instruments Act 2003 , the regulations, and orders under this Act, may make provision for or in relation to a matter by applying, adopting or incorporating all or any of the provisions of the Code referred to in section 427 as in force or existing from time to time.