194Regulations

194 Regulations (1) Subject to this Part, the Administrator may make regulations, not inconsistent with this Act: (a) prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act; and (b) authorising the exemption from any of the requirements of the Regulations or the relaxation of the requirements of the Uniform Shipping Laws Code or any other document mentioned in section 196(7) in circumstances: (i) where the action to be taken or provision to be made as regards the subject-matter of the requirement is at least as effective as is actual compliance with the requirement; or (ii) where the specified requirement would cause undue hardship but where there will be substantial compliance with the general requirement to the extent that the prime considerations of safety of persons on board or any other person would not be impaired. (2) The power of the Administrator under subsection (1)(a) includes the power to authorise the Minister to make determinations for and in relation to: (a) the numbers of certificated and uncertificated persons required for the manning of vessels; and

Marine Act 1981 47 (b) rules for the conduct of examinations of candidates for certificates; and (c) the appointment of persons to be examiners; and (d) the nomination of institutions or organizations to conduct examinations; and (e) the determination of medical standards and fitness criteria to be applied to applicants for certificates and to seamen generally; and (g) the requirements for the packing, stowing and carriage of dangerous goods; and (h) the safe navigation and operation of vessels; and (j) the number of passengers that may be carried in a vessel; and (k) the loading and unloading of vessels; and (m) the fees and charges levied or imposed under this Act; and section 196 applies, as the circumstances may require, to such determinations. (3) Regulations made under this section may: (a) require that a matter or thing prescribed by the Regulations must be carried out or done, in any case, to the satisfaction of the Director or a shipping inspector or as is directed or approved by the Director or a shipping inspector; and (b) provide that a matter or thing may be done, determined, applied, dispensed with or regulated by the Director or a shipping inspector; and (c) provide that the Director or a shipping inspector has a discretionary authority in relation to a matter provided for in the Regulations. (4) The power to make regulations conferred by subsection (1) includes the power to make regulations imposing penalties, not exceeding 100 penalty units or imprisonment for 2 years, for offences against the Regulations.

Marine Act 1981 48