CTHRepealedAct
Navigation Act 1912
191ADiscretions relating to regulations giving effect to Conventions
Start here
Get a plain-English read of 191A
Turn the raw legal text into a practical explanation grounded in Navigation Act 1912.
#### 191A Discretions relating to regulations giving effect to Conventions
(1) Where, under this Act, the Governor‑General is empowered to make regulations for the purpose of implementing or giving effect to any of the provisions of the Container Convention, the Safety Convention, the Prevention of Collisions Convention, the Prevention of Pollution from Ships Convention or the Load Line Convention, the requirement shall, in the case of a provision the terms of which are such as to vest in the several Governments who are parties to the Convention a discretion as to whether any, and if so what, action should be taken thereunder, be construed as an authority to the Governor‑General to make by regulation such provision (if any) with respect to the matter in question as the Governor‑General in the exercise of that discretion thinks proper.
(2) Notwithstanding any regulation made under any provision of this Act for the purpose of giving effect to, or implementing, any provision of the Safety Convention, the Prevention of Collisions Convention, the Prevention of Pollution from Ships Convention or the Load Line Convention which requires a particular fitting, material, appliance or apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision to be made in a ship, the Authority may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made if it is satisfied that that other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the Convention.