Maritime Transport Act 1994

General provisions relating to shipping - Miscellaneous provisions

201: Regulations

You could also call this:

"Rules made by the Governor-General to help the Maritime Transport Act work"

The Governor-General can make regulations for the Maritime Transport Act. You need to know what these regulations are about. They can be about what breaches of maritime rules are offences, what the penalties are for these offences, and what the infringement fees are.

The penalties can be different for individuals and companies. For example, if you break a maritime rule, you might get a fine of up to $10,000, but a company might get a fine of up to $50,000. Infringement fees can also be different, with individuals paying up to $2,000 and companies paying up to $12,000.

The regulations can also be about other things that are necessary for the Maritime Transport Act to work properly. The Governor-General can make different regulations for different types of people, ships, or situations. You can find out more about how regulations are published by looking at Part 3 of the Legislation Act 2019.

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Part 14General provisions relating to shipping
Miscellaneous provisions

201Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing those breaches of maritime rules, or breaches of navigation bylaws, that constitute offences against this Act:
    1. prescribing those breaches of maritime rules, or breaches of navigation bylaws, that constitute infringement offences against this Act:
      1. prescribing the penalty for each offence prescribed under paragraph (a) which,—
        1. in the case of an individual, shall be a fine not exceeding $10,000:
          1. in the case of a body corporate, shall be a fine not exceeding $50,000:
          2. prescribing the infringement fee for each offence prescribed under paragraph (b) and for infringement offences against section 200B, which,—
            1. in the case of an individual, must not exceed $2,000:
              1. in the case of a body corporate, must not exceed $12,000:
              2. such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act (other than those referred to in section 394(1)(i)) and for their due administration.
                1. Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, or maritime products, or with respect to the same class of person, ship, or maritime product in different circumstances.

                2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                Notes
                • Section 201(1)(a): amended, on , by section 40 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                • Section 201(1)(b): amended, on , by section 40 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                • Section 201(1)(c)(i): amended, on , by section 37(1) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                • Section 201(1)(c)(ii): amended, on , by section 37(2) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                • Section 201(1)(d): amended, on , by section 3 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).
                • Section 201(1)(d)(i): amended, on , by section 35(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 201(1)(d)(ii): amended, on , by section 35(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 201(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).