FROM: Roger Timms
Dear Sirs
Those readers with an interest in the regulation of the Australian maritime industry may know that the Commonwealth Department of Infrastructure and Transport is undertaking a re-write of the Navigation Act 1912, in conjunction with the Australian Maritime Safety Authority (AMSA).
This process is now at the stage where exposure drafts of both the Navigation Bill 2012 and the associated Marine Safety (Domestic Commercial Vessel) National Law Bill (that together will replace this Act) have been made available for public comment.
Whilst these bills have still to be cleared by Australia's Transport Ministers, there is one issue common to both these exposure drafts that may be worth noting by those operating large ships as well as smaller commercial vessels across the industry.
Both these exposure drafts propose extensive enforcement powers relating to the making of directions, monitoring, detention, search and seizure, etc. seemingly over and beyond those contained in the existing Navigation Act 1912.
In doing so they also provide immunity from suit for individual officials exercising these powers, in much the same way as does the current legislation.
Where there appears to be a more significant difference however is that this same immunity from suit is now also being proposed to cover the corporate entity of AMSA and/or the national regulator under both these bills.
No doubt there is sound reasoning behind this approach, but to address any concerns may I suggest that it might be helpful if an official explanation of the underlying rationale for suggesting extending legal protection to the corporate entity could be provided to industry before these bills become law.
