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Marine Safety (Domestic Commercial Vessel) National Law Bill 2012

Part 2 The National Marine Safety Regulator

   

9   The National Marine Safety Regulator

                   The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to in this Act as the National Regulator ).

Note:          The Australian Maritime Safety Authority is established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Section 10 of that Act sets out the general powers of the Authority.

10   Functions of the National Regulator

                   The National Regulator has the following functions:

                     (a)  to make and maintain Marine Orders made under section 163;

                     (b)  to develop and maintain national standards, guidelines and codes of practice relating to marine safety;

                     (c)  to issue unique identifiers and certificates for the purposes of this Law and perform other functions in relation to such identifiers and certificates;

                     (d)  to accredit persons and approve training organisations for the purposes of this Law;

                     (e)  to undertake investigation, monitoring and enforcement activities under or for the purposes of this Law;

                      (f)  to consult appropriate authorities of the States and Territories, and other persons, associations and organisations, on matters related to the activities of the National Regulator;

                     (g)  to collect and distribute information, and provide advice, to:

                              (i)  the Commonwealth Minister; and

                             (ii)  the States and Territories; and

                            (iii)  the public;

                            on matters related to the activities of the National Regulator and the operation of this Law;

                     (h)  to develop or commission education programs relating to marine safety;

                      (i)  to collect, analyse and disseminate data relating to marine safety;

                      (j)  such other functions as are conferred on the National Regulator by this Law or any other law (including a law of the Commonwealth, a State or the Northern Territory);

                     (k)  to perform functions incidental to any of the previously described functions.

11   Delegation

             (1)  The National Regulator may, by writing, delegate one or more of the National Regulator’s powers or functions under this Law to one or more of the following:

                     (a)  an officer or employee of an agency of the Commonwealth;

                     (b)  an officer or employee of an agency of a State or the Northern Territory.

             (2)  A delegate of the National Regulator is subject to the National Regulator’s directions in the exercise of delegated powers and the performance of delegated functions.

             (3)  A person (the delegate ) to whom a power or function is delegated under subsection (1) may, by writing, sub-delegate that power or function to another officer or employee (the sub-delegate ) of the agency of which the delegate is an officer or employee.

             (4)  A sub-delegate is subject to the directions of the delegate in the exercise of delegated powers and the performance of delegated functions.

             (5)  If the delegate is subject to a direction by the National Regulator in relation to the performance of the function or the exercise of the power sub-delegated under subsection (3), the delegate must give a corresponding direction to the sub-delegate.

             (6)  Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply to a sub-delegation in the same way as they apply to a delegation.

             (7)  The National Regulator must not delegate a power or function under subsection (1) to an officer or employee of an agency of a State or the Northern Territory without the agreement of the State or the Northern Territory, as the case requires.