Marine-related Incidents (MARPOL Implementation) Act 2020
72Regulations
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72 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may be made in relation to one or more of the following purposes:
(a) to give 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;
(b) to fix fees to be paid in respect of any matters under this Act;
(c) to prescribe penalties not exceeding –
(i) in the case of a natural person, a fine of 100 penalty units or imprisonment for a term not exceeding one year; or
(ii) in the case of a body corporate, a fine of 500 penalty units –
for a contravention of a provision of the regulations or of any of the orders made under section 73 ;
(d) to exempt, 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;
(e) to make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made in pursuance of the regulations;
(f) to make provision for or in relation to a matter by applying, adopting or incorporating either wholly, or in part, or with modifications, any regulations, rules, codes, orders, instructions or other subordinate instrument made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth;
(g) to make provision for and in relation to giving effect to regulations 13 and 16 of Annex II.
(3) For the avoidance of doubt, if this Act requires a matter to be prescribed, that matter may be prescribed by reference to all, or any part of, a subordinate instrument specified in subsection (2)(f) with or without any modification prescribed in the regulations.
(4) In proceedings for an offence against a provision of the regulations, a ship is to, unless the contrary is proved, be taken to be a regulated Australian vessel.