Bounty (Ships) (Reservation of Bounty) Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 1761

Bounty (Ships) (Reservation of Bounty)

Regulations2 (Amendment)

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 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science, Customs and

Small Business

_________

Commencement

 1. Regulation 5 shall be deemed to have come into operation on 15 June 1987.

Principal Regulations

 2. In these Regulations, “Principal Regulations” means the Bounty (Ships) (Reservation of Bounty) Regulations.

Application for reservation of bounty

 3. Subregulation 3 (1) of the Principal Regulations is amended by omitting”, or an associate of the owner,”.

Reservation of additional amounts

 4. Regulation 7 of the Principal Regulations is amended by omitting paragraph (4) (c) and substituting the following paragraph:

“(c)

the aggregate of the amount so reserved and the proposed amount specified in the application is not more than the amount of bounty that would be payable to the applicant on a valid claim for bounty in respect of the construction or modification of the bountiable vessel;”.

 5. The Principal Regulations are amended by adding at the end the following regulations:

Application for review

“14.

(1) Applications may be made to the Administrative Appeals Tribunal for review of:

• (a)

  a decision of the Comptroller under subregulation 5 (1) refusing an application made under subregulation 3 (1);

• (b)

  a decision of the Comptroller under subregulation 7 (4) to refuse an application made under subregulation 7 (1);

• (c)

  a decision of the Comptroller under regulation 8 to vary the reservation of an amount of bounty reserved by reducing the amount; or

• (d)

  a decision of the Comptroller under subregulation 10 (1) to cancel the reservation of an amount of bounty.

“(2)

In this regulation, ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.”.

Notice of reviewability

“15.

(1) Where the Comptroller makes a decision referred to in subregulation 14 (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(2)

The validity of a decision is not affected by failure to comply with subregulation (1).”.

NOTES

1 Notified in the Commonwealth of Australia Gazette on 8 July 1988.

2 Statutory Rules 1985 No. 155 as amended by 1987 No. 116.