Bounty (Ships) Regulations (Cth)

Statutory Rules 1982 No. 1921

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Bounty (Ships) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Bounty (Ships) Act 1980.

Dated 3 August 1982.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

PHILLIP LYNCH

Minister of State for Industry and Commerce

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Citation

1. These Regulations may be cited as the Bounty (Ships) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

"authorized agent" means a person appointed under regulation 6 to be an authorized agent;

"the Act" means the Bounty (Ships) Act 1980.

Conditions of manufacture

3. The conditions to be complied with, for the purposes of the Act, in connection with the construction or modification at registered yards of bountiable vessels are—

(a) that each bountiable vessel constructed or modified at registered yards shall be numbered consecutively;

(b) that the number allotted to a bountiable vessel shall, as soon as practicable after the time at which the construction or modification of the vessel is commenced, be affixed to an accessible internal part of the hull of the vessel—

(i) by being inscribed thereon by the application to the part of a flame produced by welding equipment; or

(ii) by being so inscribed, or stamped by means of a die, on a metal plate that is rivetted, bolted, screwed or welded to the hull; and

(c) that the number so affixed shall not be erased or altered and, if the number is inscribed on a metal plate that is rivetted, screwed, bolted or welded to the hull, that plate shall not be removed from the hull.

Application for bounty

4. (1) An application for bounty in respect of a bountiable vessel—

(a) shall be in writing;

(b) shall be signed by, or on behalf of, the shipbuilder of the vessel in the presence of a witness;

(c) shall state the name and address of the witness and contain a declaration signed by the witness stating that the application was signed in the presence of the witness; and

(d) shall be delivered to the Collector for the State or Territory in which the construction or modification of the vessel was completed or, if there is no such Collector, to the Comptroller-General—

(i) except where sub-paragraph (ii) applies—within 3 months after the relevant date in relation to the application; or

(ii) where the Minister has consented to an extension of the period referred to in sub-paragraph (i) in relation to the application—within 12 months after the relevant date in relation to the application.

(2) The Minister shall not give, for the purposes of paragraph (1) (d), his consent to an extension of the period referred to in sub-paragraph (1) (d) (i) in relation to an application for bounty in respect of the vessel unless—

(a) a request in writing for an extension of that period has (whether before or after the expiration of that period) been made by, or on behalf of, the shipbuilder of the vessel; and

(b) the application could not, or cannot, reasonably be expected to have been made, or to be made, within the period specified in sub-paragraph (1) (d) (i).

(3) In sub-regulation (1), "relevant date", in relation to an application for bounty in respect of a bountiable vessel, means—

(a) if the construction or modification of the vessel was completed before the date of commencement of these Regulations—that date; or

(b) if paragraph (a) does not apply in relation to the vessel—the date on which the construction or modification of the vessel was completed.

Information to be furnished in connection with an application for bounty

5. In connection with an application for bounty in respect of a bountiable vessel, the applicant shall furnish the following information:

(a) the name and address of the shipbuilder of the vessel;

(b) the address of registered yards at which the vessel was constructed or modified;

(c) the number allotted to the vessel for the purposes of these Regulations;

(d) the amount of remuneration paid or payable by the shipbuilder to employees for work directly related to the construction or modification of the vessel;

(e) the expenses incurred by the shipbuilder in relation to the construction or modification of the vessel, calculated by reference to recognized accounting principles, in respect of the following matters:

(i) yard overhead charges;

(ii) design costs;

(iii) interest charges;

(iv) general administration expenses;

(f) amounts paid or payable by the shipbuilder, in relation to the construction or modification of the vessel, to sub-contractors in respect of the following matters:

(i) work performed at premises registered under section 10 of the Act;

(ii) work performed at any other premises;

(g) the method used to allocate indirect material costs, indirect labour costs and yard overhead charges to the vessel;

(h) the rate of bounty that is applicable;

(i) the amount of bounty applied for;

(j) a full description of the vessel;

(k) if the application is in respect of the modification of a vessel—full details of the modifications;

(l) the dates on which the construction or modification of the vessel, as the case may be, was, in the opinion of the applicant, commenced and completed;

(m) if the vessel is a fishing vessel—

(i) the length of the vessel on the designed load water line;

(ii) the calculations by which that length was arrived at and the name and qualifications of the person who made the calculations; and

(iii) copies of the lines plan, general arrangements plans and any other plans reasonably necessary for the purpose of ascertaining the length of the vessel;

(n) if the vessel is other than a fishing vessel—

(i) the gross construction tonnage of the vessel;

(ii) the calculations by which that tonnage was arrived at and the name and qualifications of the person who made the calculations; and

(iii) copies of the lines plan, general arrangements plans and any other plans reasonably necessary for the purpose of ascertaining the gross construction tonnage of the vessel;

(o) if the vessel has been constructed or modified by the shipbuilder of the vessel under a contract entered into with another person—details of the contract so far as it relates to the financial obligations of the parties;

(p) a list of all materials, parts and things, other than those supplied by sub-contractors, included in the vessel in the course of construction or modification and the cost of each to the shipbuilder;

(q) whether any of those materials, parts or things—

(i) have previously been used;

(ii) were supplied without charge by the shipbuilder or at less than normal commercial value;

(iii) were supplied by the person (if any) for whom the vessel was constructed or modified; or

(iv) are of a kind not usually included by a shipbuilder in vessels of the kind to which that vessel belongs;

(r) whether the vessel is to be used in operations in Australian waters, in commercial fishing operations based on a port in Australia or, as a vessel registered in Australia, in any other operations and details of any such use;

(s) whether a previous application for bounty has been made in respect of the vessel and, if such an application has been made, the date of that application and the reason for making the application that is now being made;

(t) whether any payment has previously been made by way of bounty or advance on account of bounty in respect of the vessel and, if any payment has been so made, the date on which the payment was made and the amount paid by way of bounty or advance on account of bounty, as the case may be.

Authorized agents

6. (1) A shipbuilder may, by instrument in writing, appoint a person, being a person who has attained the age of 18 years, to be his authorized agent for the purpose of signing on his behalf any document that the shipbuilder may be required to sign by, or for the purposes of, the Act or these Regulations.

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and shall be delivered to a Collector or to the Comptroller-General.

(3) A shipbuilder who, in pursuance of sub-regulation (1), has appointed an authorized agent may, at any time, revoke the appointment by writing under his hand delivered to a Collector or to the Comptroller-General.

Execution of documents by a company

7. Where a shipbuilder is required by, or for the purposes of, the Act or these Regulations to sign a document and the shipbuilder is a company, the document may be signed on behalf of the company by a director or the secretary of the company.

SCHEDULE Regulation 6

COMMONWEALTH OF AUSTRALIA

Bounty (Ships) Regulations

APPOINTMENT OF AUTHORIZED AGENT BY SHIPBUILDER

To

(Title of person to whom delivered)

I,

(Full name and address of shipbuilder)

hereby appoint

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf any document that I may be required to sign by, or for the purposes of, the Bounty (Ships) Act 1980 or the Bounty (Ships) Regulations.

Dated at this day of 19 .

(Signature of shipbuilder, or, where the ship builder is a company, signature of a director or the secretary of the company and his designation)

Dated at this day of 19 .

(Signature of authorized agent)

NOTE

1. Notified in the Commonwealth of Australia Gazette