International Shipping (Australian-Resident Seafarers) Grants Regulations (Cth)

Statutory Rules 1996

No. 112 1

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International Shipping (Australian-resident Seafarers) Grants Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Shipping (Australian-resident Seafarers) Grants Act 1995.

Dated 13 June 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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Citation

 1. These Regulations may be cited as the International Shipping (Australian-resident Seafarers) Grants Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

 2.(1) In these Regulations:

“Act” means the International Shipping (Australian-resident Seafarers) Grants Act 1995.

 (2) A reference in these Regulations to the Maritime Industry (Seagoing) Award 1983, or to the Maritime Industry Modern Ships Award 1989, is a reference to the award as in force at the commencement of these Regulations.

Payments that are not taken to be salary

 3. For the purposes of the definition of “salary” in section 7 of the Act, payments of the following kinds are not to be taken into account as salary for the purposes of the Act:

• (a)

  wages paid under subsection 132 (1) or (2) of the Navigation Act 1912 to a seafarer left on shore;

• (b)

  stand-by wages under Schedule X of the Maritime Industry (Seagoing) Award 1983, or clause 57 of the Maritime Industry Modern Ships Award 1989;

• (c)

  benefits under the Seafarers Rehabilitation and Compensation Act 1992;

• (d)

  payment for study leave, trade union training leave or leave to allow attendance at a training course;

• (e)

  payment in respect of voyage leave or tanker allowance;

• (f)

  payment while on long service leave;

• (g)

  payment in lieu of long service leave;

• (h)

  a payment under the Maritime Industry (Seagoing) Award 1983, the Maritime Industry Modern Ships Award 1989 or an enterprise agreement, in respect of:

  • (i)

    bread baking;

  • (ii)

    handling cargo;

  • (iii)

    crewing on short-handed voyage;

  • (iv)

    working by a vessel when not engaged on the articles of agreement;

  • (v)

    disturbance of sleep from noise of cargo operations;

  • (vi)

    victualling and accommodation;

• (i)

  payment in respect of overtime;

• (j)

  travelling allowance;

• (k)

  reimbursement of an expense;

• (l)

  any other payment of an occasional nature, whether or not specified in an award or an enterprise agreement;

• (m)

  a termination payment (including a redundancy payment or a payment in lieu of notice).

Voyage leave multiplier

 4. For the purposes of subsection 12 (2) of the Act, the voyage leave multiplier, applicable to a seafarer berth for a year, is 1.926.

Prescribed time for application

 5. For the purposes of paragraph 13 (d) of the Act, the prescribed time for giving an application to the Secretary is 3 months after the end of the relevant year to which the application relates.

[Note: For “relevant year”, see section 7 of the Act.]

Certificate of order to repay grant

 6. For the purposes of subsection 20 (3) of the Act:

• (a)

  the prescribed form of certificate is the Form in the Schedule; and

• (b)

  the prescribed particulars are those specified in that Form.

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 SCHEDULE Paragraph 6 (a)

FORM

Commonwealth of Australia

International Shipping (Australian-resident Seafarers)

Grants Act 1995

CERTIFICATE OF ORDER TO REFUND GRANT

[Court]

at [place]

I, [name], [title] the proper officer of the [court] at [place] for the purposes of subsection 20 (3) of the International Shipping (Australian-resident Seafarers) Grants Act 1995, certify that on [date of order] under subsection 20 (1) of that Act the court ordered [name] of [address] to refund the sum of $[amount ordered to be refunded] to the Commonwealth.

Issued at [place] on [date of certificate]

(signed) .............................................................

[title]

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NOTE

1. Notified in the Commonwealth of Australia Gazette