Commonwealth Light Dues Regulations 1925 (Cth)

STATUTORY RULES.

1925. No. 163.

 

REGULATIONS UNDER THE LIGHTHOUSES ACT 1911-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Lighthouses Act 1911-1919, to come into operation forthwith.

Dated this twenty-third day of September, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

 

Commonwealth Light Dues Regulations.

Short title.

1. These Regulations may be cited as the Commonwealth Light Dues Regulations 1925.

Definition.

2. In these Regulations “sea-going ship” includes every ship which in the course of its voyage to or from an Australian port passes one or more lighthouses or marine marks under the control of the Commonwealth.

Imposition of light dues.

3. Light Dues shall be payable in accordance with these Regulations upon all sea-going ships (other than those hereinafter exempted) arriving at any port in Australia after the commencement of these Regulations.

Payment of light dues.

4. (1) In the case of ships arriving from ports outside Australia, Light Dues shall be payable at the following places:—

(a) In the case of the first arrival of a ship at a port in Australia after the commencement of this regulation, at that port; and

(b)Thereafter at the port in Australia in which the ship is at the expiration of a period of three months from the date of the last payment of Light Dues in accordance with these Regulations; and

(c) In the case of a ship not in port at the expiration of that period, at the first port at which the ship arrives after the expiration of that period.

C.13171.—Price 3d.

(2) Payments due on the ships specified in the last preceding sub-regulation shall be made to the Collector or other proper officer of Customs at the Customs House of the port at which the Dues are payable, at the following times:—

(a) In the case of the first arrival of the ship at a port in Australia after the commencement of this regulation or of the arrival of a ship after the expiration of the period of three months for which payment has been made, immediately on the arrival of the ship; or

(b) If the period of three months for which payment has been made expires while the ship is in port, immediately on the expiration of that period.

(3) Where the period of three months for which payment has been made expires while the ship is in the course of its voyage from one Australian port to another and payment is made immediately on the arrival of the ship at that port, the date of commencement of the ensuing period shall be the day following the expiration of the previous period.

(4) In the case of ships trading solely between Australian ports, Light Dues shall be payable at the following places:—

(a) At the home port of the ship; or

(b) At such other port in Australia as is notified by the owners or agents of the ship to the Collector of Customs at the home port prior to the payment falling due.

(5) Payments due on the ships specified in the last preceding sub-regulation shall be made (every three months) to the Collector or other proper officer of Customs at the Customs House of the port at which the Dues are payable, on or before the first day of January, the first day of April, the first day of July, and the first day of October in each year, and each payment shall be for a period of three months.

(6) In the case of a ship being laid up and not engaged in trade for a period of at least one month a proportionate remission of the Light Dues in respect of the period in respect of which the ship is so laid up may be made, provided application is made to the Collector of Customs at the port at which the Dues are payable and the Collector considers the circumstances are such as to warrant the remission.

(7) If the Collector is satisfied that a ship has been prevented from putting to sea in consequence of an industrial dispute the ship shall for the purposes of the last preceding sub-regulation be deemed to have been laid up and not engaged in trade for such period as the Collector is satisfied the ship was so prevented from putting to sea.

Rate of light dues.

5. The rate of the Light Dues payable under these Regulations shall be Ninepence per ton:

Provided that for ships calling at one port only in Australia en route to a port of destination outside Australia, the rate of Light Dues payable shall be Fivepence per ton.

Tonnage upon which light dues payable.

6. The tonnage to be reckoned for the purpose of ascertaining the amount of Light Dues payable under these Regulations shall be the registered net tonnage of the ship.

Production of receipt for light dues before clearance.

7 A receipt showing that the proper Light Dues have been paid shall be produced at the time of the entry outwards of the ship, and no officer of Customs at any port shall grant a clearance or transire for a ship (other than a ship exempted under these Regulations from payment of Light Dues), until such receipt has been produced to him.

Vessels exempt from light dues

8. The following vessels shall be exempt from Light Dues under these Regulations:—

(a) Ships belonging to the Royal Navy, or to the Royal Australian Navy, or to the Royal Navy of any British Possession, or to the navy of any foreign Government, provided such ships do not engage in trade or carry goods under freight or charter.

(b)Ships belonging to the Commonwealth, or to any Territory under the authority of the Commonwealth, and not engaged in trade or the carrying of goods under freight or charter.

(c) Ships belonging to any State, and not engaged in trade or the carrying of goods under freight or charter.

(d) Ships in distress.

(e) Ships putting in to refit or for water or provisions only, and not otherwise trading at the port.

(f) Steam-ships calling at any port or ports solely for the purpose of obtaining coal to be used by them for the purpose of completing voyages then entered upon, and which do not otherwise trade at any port in the Commonwealth.

(g)Ships engaged wholly in fishing or whaling, including store and attending vessels.

(h)Ships (other than tugs), navigated both inwards and outwards wholly and bona fide in ballast, on which no freight is earned, and without passengers.

(i) Pleasure yachts under 25 tons, and other ships under 15 tons, gross register.

(j) Mission ships.

9. The following regulations are hereby repealed:—

The Commonwealth Light Dues Regulations 1915 (being Statutory Rules 1915, No. 96, as amended by Statutory Rules 1916, No. 55; Statutory Rules 1917, No. 331; Statutory Rules 1922, Nos. 60 and 101; Statutory Rules 1924, No. 45; and Statutory Rules 1925, Nos. 8 and 55).

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.