PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 33 Regulations

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 33

  (1)   The Governor - General may make regulations, not inconsistent with this Act, prescribing matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular:

  (c)   for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act, any other Act or any instrument made under any other Act;

  (e)   fixing fees to be paid in respect of any matters under this Act;

  (f)   prescribing penalties not exceeding 50 penalty units for a contravention of a provision of the regulations or of any Marine Order; and

  (g)   exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act or of the regulations.

  (1A)   The limit in paragraph   (1)(f) on penalties does not apply to regulations made for the purposes of subsection   32(1), (1A) or (1B).

  (2)   Regulations and Marine Orders giving effect to Annex I, II, III, IV, V or VI to the Convention do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as:

  (a)   a provision of the Marine Safety (Domestic Commercial Vessel) National Law gives effect to that Annex in relation to that ship when it is in that area; or

  (b)   if paragraph   (a) does not apply--a provision of a law of a State or the Northern Territory gives effect to that Annex in relation to that ship when it is in that area.

  (3)   In proceedings for an offence against a provision of the regulations, a ship shall, unless the contrary is proved, be deemed to be a regulated Australian vessel.

  (4)   Despite section   14 of the Legislation Act 2003 , the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:

  (a)   as in force or existing at a particular time; or

  (b)   as in force or existing from time to time;

even if the instrument or other document does not exist when the regulations come into operation.