Regulations giving effect to Conventions: discretion of Governor and Minister
78 Regulations giving effect to Conventions: discretion of Governor and Minister
Where, under this Part, the Governor is empowered to make regulations for and in relation to giving effect to any of the provisions of the Container Convention, the Safety Convention or the Prevention of Collisions Convention, the power shall, in the case of a provision of any of those Conventions 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 under the Convention, be construed as an authority to the Governor to make by regulation such provision (if any) with respect to the matter in question as the Governor in the exercise of that discretion thinks proper.
Notwithstanding any regulation made under any provision of this Part for the purpose of giving effect to any provision of the Container Convention, the Safety Convention or the Prevention of Collisions 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 Minister 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 the Minister is satisfied that that other fitting, material, appliance or apparatus, or type thereof, of provision, is at least as effective as that required by the relevant Convention.
[Section 78 amended: No. 24 of 2023 s. 57.]
This provision refers to the regulations (any regulation
). Made under this Act:
- Prevention of Collisions in State Waters Regulations 1983
- W.A. Marine (Adjustment of Compasses) Regulations 1983
- W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983
11 more instruments made under this Act are listed on the Act’s overview.
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