EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 228

 

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

 

Navigation Act 1912

 

Navigation (Collision) Amendment Regulations 2006 (No. 1)

 

Subsection 425(1) of the Navigation Act 1912 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all 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.

 

The Regulations amended the Navigation (Collision) Regulations 1982 to correct a reference that should refer to subsection 425(1AA) of the Act.

 

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 Registrar of Legislative Instruments.

 

 

ATTACHMENT

 

DETAILS OF THE NAVIGATION (COLLISION) 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 that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.

 

Regulation 3 -- Amendment of Navigation (Collisions) Regulations 1982

 

Regulation 3 provides that Schedule 1 amends the Navigation (Collision) Regulations 1982.

 

SCHEDULE 1 -- AMENDMENT

 

Item [1] -- This item replaces the reference to the Navigation (Orders) Regulations 1980 in regulation 3 with the regulation making power in subsection 425(1AA) under the Navigation Act 1912.  This was done since orders are not made under the Navigation (Orders) Regulations 1980; they are made under subsection 425(1AA) of the Navigation Act 1912.