National Security (Shipping Co-ordination) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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
Dated this second day of June, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
———
NATIONAL SECURITY (SHIPPING CO-ORDINATION) REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Director of Shipping.
Part III.—Shipping Control Board.
Part IV.—Commonwealth Government Ships Chartering Committee.
Part V.—Stevedoring Industry Commission.
Part VI.—Central Cargo Control Committee.
Part VII.—Cargo Protection.
* Notified in the
Commonwealth Gazette on 2nd June, 1944.
1759/43.—Price 1s. 9d.
“industrial matter” has the same meaning as in the
Commonwealth Conciliation and Arbitration Act 1904-1934;“shipping authority” means any of the following bodies, that is to say, the Shipping Control Board, the Stevedoring Industry Commission, the Central Cargo Control Committee, and the Commonwealth Government Ships Chartering Committee established under these Regulations;
“the Director” means the Director of Shipping appointed under these Regulations;
“the Navigation Act” means the
Navigation Act 1912-1942;“the war” means any war in which His Majesty is engaged.
Part II.—Director of Shipping.
(2.) There shall be payable to the Director such remuneration and allowances as the Minister determines.
(3.) The Director shall be a body corporate with perpetual succession and an official seal.
(2.) Subject to the control of the Minister and subject to the provisions of the next succeeding sub-regulation, the Director shall have and may exercise all the powers and functions of each shipping authority.
(3.) The Director shall not in respect of the Stevedoring Industry Commission exercise powers and functions in relation to industrial matters and shall not exercise the powers and functions of the Stevedoring Industry Commission under regulation 63 of these Regulations.
(4.) Subject to the control of the Minister and subject to the provisions of the next succeeding sub-regulation, the Director shall have power to direct any shipping authority as to the exercise of its powers and functions and the shipping authority shall comply with any direction so given.
(5.) The Director shall not have power to direct the Stevedoring Industry Commission as to the exercise of its powers and functions in relation to industrial matters or its powers and functions under regulation 63 of these Regulations.
(6.) The Director shall, at the request of the Minister, advise the Minister as to the number, type and size of ships required to maintain the coastal traffic of the Commonwealth and to meet the demands for merchant or other ships for war purposes and shall advise the Minister as to the sources from which those ships may be obtained.
(
a ) to require that ships and the services of ships shall be subject to direction, requisition and control for the purposes of the defence of the Commonwealth or the effectual prosecution of the war, and to make arrangements for the management and operation of ships;(
b )to arrange for the speedy loading and unloading of ships;(
c ) to arrange for the orderly discharge and shipment of goods carried, or to be carried, by sea and for the safe custody thereof and for the protection and improvement of conditions of all persons engaged in, or in connexion with matters relating to or incidental to, the handling, safe custody or delivery of goods carried, or to be carried, by sea;(
d )to secure that the ports of the Commonwealth shall be developed, equipped and operated in such a manner as to ensure speedy loading and unloading of ships and for this purpose to co-ordinate the activities of, and to require the assistance of, the authorities controlling such ports; and(
e ) to require interstate or overseas shipping organizations operating within the Commonwealth to assist the Director in such manner as he requires on such terms and conditions as the Minister approves.
(2.) A copy of each such direction or requirement shall be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.
(2.) Officers and
employees so appointed shall not be subject to the
(3.) Where an
officer or an employee appointed in pursuance of this regulation was,
immediately prior to his appointment, an officer of the Public Service of the
Commonwealth, his service as an officer or employee under these Regulations
shall, for the purpose of determining his existing and accruing rights, be
taken into account as if it were service in the Public Service of the
Commonwealth and the
(4.) The Director and any shipping authority may arrange with any other authority for the services of any officer or employee of the authority to be made available to the Director or authority to assist the Director or authority in exercising his or its powers and functions under these Regulations.
Part III—Shipping Control Board.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(
a ) all officers and employees of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation holding office or employed immediately prior to the commencement of these Regulations shall continue to hold office or be employed as if they were appointed under regulation 12 of these Regulations;(
b )any person acting, immediately prior to the commencement of these Regulations, as an agent of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation shall continue to be an agent of the Shipping Control Board constituted under this Part;(
c ) all rights, property, assets, obligations and liabilities of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation shall, by force of this regulation, be vested in or imposed on the Shipping Control Board constituted under this Part, and, in any contract, agreement or other instrument to which the first-mentioned Board was a party, any reference to that Board shall be read as a reference to the Shipping Control Board constituted under this Part; and(
d )any order made or direction given under the Regulations repealed by the last preceding sub-regulation and in force immediately prior to the commencement of these Regulations shall continue in force as if made or given under this Part.
(3.) The National Security (Interstate Shipments of Coal by Overseas Ships) Regulations (comprising Statutory Rules 1942, No. 151, as amended by Statutory Rules 1942, No. 451 and 1943, No. 88), and the National Security (Shipping Requisition) Regulations (comprising Statutory Rules, 1941, No. 230, and 1942, No. 454) are repealed.
(4.) Regulation 15 of the National Security (Food Control) Regulations is amended by omitting the word “Control” (second occurring) and inserting in its stead the word “Co-ordination”.
(5.) Regulation 4 of the National Security (Wages of Seamen Detained by the Enemy) Regulations is amended by omitting from the definition of “under requisition” the word “Control” and inserting in its stead the word “Co-ordination”.
“master” means any person having command or charge of a ship;
“owner” includes the manager or secretary of any company or body corporate or any person to whom the whole or a part of a ship belongs;
“ship” includes every boat or other description of vessel used for any purpose on the sea or in navigation not ordinarily propelled by oars only;
“the Board” means the Shipping Control Board constituted under this Part.
(2.) This Part shall, except as otherwise provided in this Part, apply—
(
a ) to ships registered in Australia, wherever they may be; and(
b )subject to any Imperial Act, and to any order or other instrument made under any such Act, to—(i) British ships which are engaged, or which at any time since the commencement of the Regulations repealed by sub-regulation (1.) of regulation 13 of these Regulations have been engaged, in regular trade from any port or ports in Australia to any overseas port or ports outside the United Kingdom; and
(ii) ships (whether British or foreign) held or controlled under charter by a person or body of persons operating or carrying on business in Australia,
while those ships are in the territorial waters of Australia.
(3.) This Part shall not apply to ships chartered by or placed under the control of the Commonwealth Government Ships Chartering Committee.
(
a ) a Chairman;(
b )an officer of the Department of the Treasury; and(
c ) five other members.
(2.) The Chairman and other members of the Board shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
(3.) The members of the Board shall, from time to time, as occasion requires, elect one of their number to be the Deputy Chairman of the Board.
(4.) The Board shall be a body corporate, with perpetual succession and a common seal.
(2.) The Chairman of the Board, or any four members thereof, may at any time call a meeting of the Board.
(3.) At all meetings of the Board four members shall form a quorum.
(4.) The Chairman shall preside at all meetings of the Board at which he is present.
(5.) In the event of the absence of the Chairman from a meeting of the Board, the Deputy Chairman shall preside and, in the event of the absence of both the Chairman and the Deputy Chairman from any meeting of the Board, the members present shall appoint one of their number to preside at that meeting.
(6.) At any meeting of the Board, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(7.) All questions before the Board shall be decided by a majority of votes.
(8.) The Board shall keep a record of its proceedings.
21.—(1.) The Board is empowered to control shipping and for that purpose may make such orders and give such directions as it thinks fit with respect to any matter relating to shipping, and in particular with respect to—
(
a ) the trades in which any ship shall engage and the voyages which any ship shall undertake;(
b )the cargo or passengers, or classes of cargo or passengers, which any ship shall carry;(
c ) the hiring of any ship and the terms and conditions on which cargoes or passengers may be carried in any ship;(
d )the order of priority to be accorded to specified goods, or classes of goods, for carriage to or between any port or ports;(
e ) the ports at which cargo is to be loaded or discharged or passengers embarked or disembarked (including directions requiring ships to proceed to specified ports for the purpose of loading or unloading cargo or embarking or disembarking passengers);(
f ) the ports at which consignees of cargo are to take delivery thereof; and(
g )the forms and conditions of bills of lading and passenger tickets.
(2.) In determining the rate of freight at which any cargo may be carried in any ship, the Board shall have regard to the rates of freight prevailing on the twelfth day of April, 1943, and shall not, except with the concurrence of the Commonwealth Prices Commissioner, determine any rate of freight at a rate greater than the comparable rate prevailing on that date.
(
a ) apply to ships generally, or to any description of ship, whether that description is according to class, ownership, trade or otherwise, or to any specified ship or ships;(
b ) contain such provisions, conditions and directions as appear to the Board to be necessary or desirable; and(
c ) avoid, vary or renew any contract or class of contracts the operation or effect of which appears to the Board to be affected by the making of that order or the giving of that direction.
(2.) Subject to the next succeeding sub-regulation, any direction under this Part shall be served personally or by post on the person required to comply therewith and that person shall thereupon comply therewith.
(3.) Any direction under this Part affecting any ship may be served personally or by post on the master, owner or agent of the ship, who shall thereupon comply with the direction.
(4.) A direction under this Part may be revoked or varied by a further direction.
Chairman of the Board, for and on behalf of the Board, and any order or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Board.
(2.) Subject to this Part, there shall be payable by the Commonwealth, in respect of the use of a ship, the services of a ship, cargo space or passenger accommodation, or rights under any charter, freight engagement, or similar contract affecting any ship, requisitioned or required to be placed at the disposal of the Board under this regulation, and for services rendered during the use thereof, and for loss or damage occasioned thereby, such compensation as is from time to time agreed upon between the Board (with the concurrence of the Commonwealth Prices Commissioner) and the parties interested, or, in default of agreement, as is from time to time determined in an action for compensation against the Commonwealth.
(3.) Where, in respect of any ship (whether of a kind specified in sub-regulation (2.) of regulation 16 of these Regulations or not), there subsists between a person to whom this sub-regulation applies and any other person a charter-party or other contract under which the first-mentioned person is entitled to possession of the ship, or has the right to have any goods carried in the ship, or to use any space or accommodation in the ship, the Board may serve on the first-mentioned person a notice stating that, on the date specified in the notice, his rights and liabilities under the contract will be transferred to the Board. Upon the service of any such notice, the contract shall, with respect to any rights exercisable, or liabilities incurred, on or after the date of service, have effect, subject to the provisions of sub-regulation (5.) of this regulation, as if the Board were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the Board.
(4.) The persons to whom the last preceding sub-regulation applies are—
(
a ) every British subject resident in Australia; and(
b )every body corporate incorporated under the law of the Commonwealth or of any part of Australia.
(5.) The Board may at any time cancel a notice served under sub-regulation (3.) of this regulation in respect of a contract, and thereupon that sub-regulation shall, unless and until further notice is served thereunder in respect of that contract, cease to operate in relation to the contract with respect to any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect.
(6.) Notice of any such cancellation shall be given as soon as may be by the Board in such manner as it thinks fit.
(2.) An agent so required shall place at the disposal of the Board the whole of his organization, including the services of management, officers and staff, and shall furnish to the Board in respect of each voyage of each vessel operating under its agency a voyage statement in such form as the Board requires.
(
a ) the supervision of cargo at ports of loading and discharge;(
b) the hire of gear;(
c ) the use of wharves under lease to shipowners; and(
d )any other service or the use of any other appliance or thing.
(2.) Where the amount of remuneration paid to any person under this Part exceeds the amount to which he is entitled having regard to any such variation, that person shall be liable to pay to the Commonwealth the amount of the excess, and, where the amount of remuneration so paid is less than the amount to which the person is entitled having regard to any such variation, the Commonwealth shall be liable to pay to that person the amount of the deficiency.
(2.) Subject to this regulation, a person shall not bring any action, counter-claim or other proceeding, or take any step in relation to any action, counter-claim or other proceeding brought or made, for the breach or non-observance of any contract or agreement cancelled or varied in pursuance of this regulation or for damages in respect of any such breach or non-observance.
(3.) Where a contract or agreement has been varied in pursuance of this regulation, nothing in this regulation shall be deemed to prevent the bringing of any action, counter-claim or other proceeding for any breach or non-performance of the contract or agreement as so varied, or the taking of any step in relation to any such action, counter-claim or proceeding.
(4.) Nothing in this regulation shall affect the rights or obligations of the parties to any contract or agreement which has been cancelled or varied in pursuance of this regulation arising prior to the cancellation or variation.
(2.) The approval of the Board to any such contract may be upon such conditions (if any) as the Board thinks fit.
(3.) The owner of any ship with respect to which any such, contract is made or, if the contract is made by some person as agent of the owner, that person shall, within fourteen days after the date on which the contract is made, deliver a copy thereof to the Board.
(4.) A person—
(
a ) being the owner of any ship, whether by himself or by any agent, shall not enter into any such contract which does not comply with the requirements of this regulation;(
b )being a person required by this regulation to deliver to the Board a copy of any contract, shall not refuse or fail so to do within the time allowed in that behalf; or(
c ) shall not refuse or fail to comply with any of the conditions subject to which any approval has been granted by the Board under this regulation.
(5.) Any contract made in contravention of this regulation shall be void.
(6.) The Board may avoid, vary or review any contract for the charter of a ship whether made after or before the commencement of these Regulations and by order direct that the contract shall cease to have effect as from a date specified in the order. Any such order may be made so as to apply generally to all such contracts, or to contracts of any special class or description, or to a particular contract.
(7.) In this regulation, the expression “contract” includes an agreement of any kind, and where the person with whom a contract for the charter of a ship is made is himself a charterer of the ship, that person shall, for the purpose of this regulation, and so far as it relates to that contract, be deemed to be the owner of the ship.
(
a ) by the Board or a person thereto authorized in writing by the Board; or(
b ) under the Control of Trade by Sea (No. 2) Order, 1939 (Statutory Rules and Orders 1939, No. 1671), made in pursuance of regulations under the Imperial Act known as the Emergency Powers (Defence) Act, 1939, or under that Order as amended, and authorizing a voyage of the ship from a port or ports in Australia.
(2.) A notice by the Board under the last preceding sub-regulation may be expressed to apply to—
(
a ) all ships to which this regulation applies;(
b )any specified class or description of ships to which this regulation applies; or(
c ) ships to which this regulation applies which are engaged in any specified trade or voyage.
(3.) A licence under this regulation shall not be granted except upon application made by or on behalf of the owner of the ship in accordance with a form approved by the Board.
(4.) A licence under this regulation may be granted—
(
a ) in respect of any ship or class or description of ships;(
b ) for a specified period; and(
c ) in respect of any voyage or series of voyages,
and either unconditionally or subject to such limitations and conditions as the Board thinks fit to impose.
(5.) In this regulation, “ship to which this regulation applies” means a ship to which this Part applies, not being—
(
a ) a ship (other than a trading ship) wholly employed in the service of the Commonwealth or of a State; or(
b ) a pilot ship.
the coasting trade, notwithstanding that the ship is not licensed under section 288 of the Navigation Act to engage in the coasting trade, and it shall not be an offence under the Navigation Act for the ship to engage in the coasting trade accordingly.
(2.) Where a ship which is normally employed in trading wholly within the territorial limits of a single State is, in pursuance of sub-regulation (1.) of this regulation, required to engage in a voyage beyond those limits, the ship shall not (subject to the next succeeding sub-regulation), merely by reason of that engagement, become subject to the provisions of the Navigation Act applicable to ships engaged in trade or commerce with other countries or among the States.
(3.) Where the Board is of opinion, in respect of any ship to which the last preceding sub-regulation applies, that it is necessary for the safety of the ship, or for the safety or health of her crew, or desirable in the public interest, that any requirement of a provision of the Navigation Act from which the ship is exempted by virtue of the last preceding sub-regulation should be complied with, it may, by order, direct that the ship shall comply with that requirement, and the owner and master of the ship shall thereupon comply with that requirement.
(4.) An order by the Board under the last preceding sub-regulation may provide for compliance by a ship with a specified requirement of a provision of the Navigation Act in a modified form set out in the order and compliance by the ship with that requirement, so modified, shall thereupon be deemed to be a compliance with the specified requirement of that Act.
(
a )transfer any ship registered in Australia or owned, managed or controlled from Australia as head-quarters, or any share in any such ship;(
b ) mortgage any such ship or share; or(
c ) transfer a mortgage of any such ship or share.
(2.) Any transfer or mortgage effected in breach of this regulation shall be void.
(3.) The consent of the Board under this regulation may be given either generally or in relation to a particular case, and may be given subject to such terms and conditions (if any) as the Board thinks fit.
(4.) Where, in pursuance of this regulation, the Board has consented to any transfer, mortgage or other transaction subject to terms or conditions—
(
a )a person shall comply with such of those terms and conditions as are applicable to him; and(
b )in the event of any failure to comply with any such term or condition, the transfer, mortgage or other transaction shall be deemed to have been effected without the consent of the Board and the provisions of this regulation shall be applicable accordingly.
(
a ) to inform it of the route proposed to be followed by, and the allocation of cargo in, the ship;(
b ) to allocate the space in the ship as directed by the Board; and(
c ) to furnish to it, in a form approved by it and within forty-eight hours after the departure of the ship, full particulars of the cargo loaded in the ship.
(2.) The owner or agent of any overseas ship shall comply with the terms of any notice served on him in pursuance of the last preceding sub-regulation, and, in the event of any refusal or failure to comply with the terms of any such notice, but without affecting the liability of any person to a penalty in respect of any contravention of this regulation, the Collector of Customs may refuse to grant a Certificate of Clearance to the ship.
(2.) Any order under this regulation may contain provisions requiring the master and members of the crew of a ship and any other persons in any way engaged or concerned in the discharge of petroleum or other dangerous goods from a ship to comply with such rules as are specified in the order.
(3.) Any order under this regulation may contain such incidental and supplementary provisions as appear to the Board to be necessary for carrying the order into effect.
(2.) Every delegation by the Board shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function or authority by the Board.
(2.) Any ship in respect of which any contravention of this Part or of any order thereunder occurs may be detained in like manner as if it were liable to detention under the Navigation Act.
(3.) A person shall not aid or abet any other person, whether or not that other person is in Australia, to do any act which, if done in Australia, would be a contravention of or failure to comply with any provision of these Regulations or of an order thereunder.
(2.) Out of the moneys standing to the credit of the accounts, the Board shall, subject to sub-regulation (5.) of this regulation, defray all costs and expenses of administering this Part and make all payments in respect of compensation and remuneration and any other payments incurred by the Board in the exercise of its powers and functions under this Part.
(3.) The Board may, from time to time, withdraw from any such account any moneys not immediately required for the purposes of the last preceding sub-regulation and may lodge those moneys on fixed deposit in the name of the Board with the Commonwealth Bank of Australia for such period as the Board thinks fit.
(4.) The Board may determine the manner in which, and the persons by whom, cheques and other instruments shall be drawn, signed, countersigned or endorsed on behalf of the Board.
(5.) The Board may authorize any person required or authorized to act as agent for a ship which is requisitioned under this Part or under any Regulations repealed by this Part, or which is otherwise under the control of the Board—
(
a ) to receive on behalf of the Board any moneys earned by the Board by the carriage of cargo or passengers on that ship and otherwise in the administration of this Part;(
b )to deduct therefrom any amounts payable to him under this Part in respect of that ship or otherwise; and(
c ) to pay thereout on behalf of the Board any expenses incurred by the Board in respect of that ship.
(6.) Any person authorized under the last preceding sub-regulation to receive moneys shall—
(
a ) when directed by the Board, pay to the Board the balance (if any) of the moneys received in respect of the period specified in the Board’s direction remaining after making all authorized deductions and payments in respect of that period; and(
b )present to the Board such returns and accounts as the Board directs.(7.) The accounts of the Board shall be subject to audit by the Auditor-General.
(2.) All ships in respect of which an order of requisition has been made under this Part or under any Regulations repealed by this Part shall, unless the order otherwise provides, and so long as the order remains in force, be governed by the terms and conditions of the Standard Time Charter Party of the Shipping Control Board, which shall be binding upon the owners and other persons concerned, and they shall observe and carry out those terms and conditions.
(2.) For those of the ships named in Shipping Requisition Order No. 2 made by the Minister of State for Commerce on the sixteenth day of July, 1941, which are included in the list referred to in the last preceding sub-regulation, the charter rates, fixed as specified in that sub-regulation and set out in that list, shall apply.
Part IV.—Commonwealth Government Ships Chartering Committee.
(2.) The Committee shall be a body corporate, with perpetual succession and a common seal.
(2.) Any person so appointed shall, in the event of the absence of the member of whom he is the deputy from any meeting of the Committee, have all the powers of that member during his absence.
(3.) Any reference in this Part to a member of the Committee shall include a reference to the deputy of the member.
(4.) Any such appointment of a deputy, and any act done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.
(2.) The Chairman of the Committee, or the other two members thereof, may at any time call a meeting of the Committee.
(3.) At all meetings of the Committee, two members shall form a quorum.
(4.) In the absence of the Chairman from any meeting of the Committee, the members present shall elect one of their number to preside at that meeting.
(5.) At any meeting of the Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(6.) All questions before the Committee shall be decided by a majority of votes.
(7.) The Committee shall keep a record of its proceedings.
(
a )charter, on behalf of the Commonwealth, any ship;(
b )employ any ship so chartered, or any ship placed under the control of the Committee, to convey mails, passengers or cargo on such terms and conditions as the Committee determines;(
c ) allot any ship so chartered, or any ship placed under the control of the Committee, for use by any person (including any shipping authority);(
d )sub-charter to any person (including any shipping authority) any ship so chartered, or any ship placed under the control of the Committee;(
e ) enter into any agreement with any person or authority (whether in Australia or outside Australia) providing for that person or authority to act on behalf of, or as an agent for, the Committee in respect of such matters as are provided in the agreement; and(
f ) deal with such other matters relating to shipping as are referred to the Committee by the Director.
(2.) Out of the moneys standing to the credit of the accounts, the Committee shall, subject to sub-regulation (5.) of this regulation, defray all costs and expenses of administering this Part and make all payments incurred by the Committee in the exercise of its powers and functions under this Part.
(3.) The Committee may, from time to time, withdraw from any such account any moneys not immediately required for the purposes of the last preceding sub-regulation and may lodge those moneys on fixed deposit in the name of the Committee with the Commonwealth Bank of Australia for such period as the Committee thinks fit.
(4.) The Committee may determine the manner in which, and the persons by whom, cheques and other instruments shall be drawn, signed, countersigned or endorsed on behalf of the Committee.
(5.) The Committee may authorize any person who, or authority which, acts on behalf of, or as an agent for, the Committee in respect of any ship—
(
a ) to receive on behalf of the Committee any moneys earned by the Committee by the carriage of cargo or passengers on that ship and otherwise in the administration of this Part;(
b ) to deduct therefrom any amounts payable to the person or authority under this Part in respect of that ship or otherwise; and(
c )to pay thereout on behalf of the Committee any expenses incurred by the Committee in respect of that ship.
(6.) Any person or authority authorized under the last preceding sub-regulation to receive moneys shall—
(
a )when directed by the Committee, pay to the Committee the balance (if any) of the moneys received in respect of the period specified in the Committee’s direction after making all authorized deductions and payments in respect of that period; and(
b ) present to the Committee such returns and accounts as the Committee directs.
(5.) The accounts of the Committee shall be subject to audit by the Auditor-General.
Part V.—Stevedoring Industry Commission.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(
a )all officers and employees of the Stevedoring Industry Commission constituted under the Regulations so repealed holding office or employed immediately prior to the commencement of these Regulations shall continue to hold office or be employed as if they were appointed under these Regulations;(
b ) all rights, property, assets, obligations and liabilities of the Stevedoring Industry Commission constituted under the Regulations so repealed shall, by force of this regulation, be vested in or imposed on the Stevedoring Industry Commission constituted under this Part, and, in anycontract, agreement or other Instrument to which the first mentioned Commission was a party, any reference to that Commission shall be read as a reference to the Stevedoring Industry Commission constituted under this Part;
(
c ) all orders made under the Regulations so repealed and in force immediately prior to the commencement of these Regulations shall continue in force as if made under this Part;(
d )all committees appointed, or deemed to have been appointed, under the Regulations so repealed shall continue in force as if they had been appointed under this Part;(
e ) all employers and waterside workers registered, or deemed to have been registered, under the Regulations so repealed shall be deemed to be registered under this Part; and(
f ) all applications for registration made, or deemed to have been made, under the Regulations so repealed shall be deemed to have been made under this Part.
“Committee” means a Waterside Employment Committee established or continued in existence under this Part;
“employer” means—
(
a ) any person who accepts, or offers to accept, persons for employment as waterside workers for work on any wharf, pier, jetty, hulk, barge or ship at any port;(
b ) any ships’ agent or shipowner who directs the method of time of working of a stevedoring employer or contractor;(
c ) any master or officer of a ship when engaged in work of the same nature as the work usually performed by a stevedoring employer; and(
d )any person who accepts persons for employment in the capacity of casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed orvice versa, and includes an agent or servant of an employer;
“loading and unloading of ships” includes the loading and unloading into and from ships of ships’ stores and coal and fuel oil (whether for bunkers or not), and “loading or unloading of ships” has a corresponding meaning;
“member” means a member of the Commission and includes a deputy of a member;
“officer” means an officer holding office under regulation 12 of these Regulations;
“the Commission” means the Stevedoring Industry Commission established under this Part;
“the Court” means the Commonwealth Court of Conciliation and Arbitration;
“the Federation” means the Waterside Workers Federation of Australia;
“waterside worker” means a person who accepts, or offers to accept, employment for work in the loading or unloading of ships and includes casual foremen, draggers, casual tally clerks, mechanical truck drivers and mobile crane drivers engaged on haulage from ship to shed or
vice versa but, unless otherwise provided in this definition, does not include—(
a ) persons in or working alongside a ship in connexion with the direction or checking of the work of waterside workers;(
b ) members of the crew of a ship on the ship’s articles; or(
c ) members of the crew of a lighter who do not handle cargo, ships’ stores, bunker coal or fuel oil.
(2.) For the purposes of this Part—
(
a )a person who puts another person to work in the loading or unloading of ships, or as a casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed orvice versa shall be deemed to accept that other person for employment as a waterside worker; and(
b )a person who is put to work in the loading or unloading of ships, or as a casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed orvice versa, shall be deemed to accept employment as a waterside worker.
(2.) The Commission shall be a body corporate with perpetual succession and a common seal.
(3.) The Chairman, who may be a Judge of the Court, shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines.
(4.) The other members of the Commission shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
(2.) At any meeting of the Commission the Chairman or, in his absence, the Executive Member of the Commission, and three other members (but not including the member who is an officer of the Commonwealth) shall form a quorum.
(3.) In the event of the illness or absence of the Chairman, the members of the Commission other than the Chairman, or a majority of those members, may, subject to the approval of the Minister, appoint one of the members of the Commission to be the Executive Member of the Commission, and the member so appointed shall, during the illness or absence of the Chairman, be entitled to preside at meetings of the Commission and shall have and may exercise all the powers and functions of the Chairman except that when presiding at any meeting of the Commission he shall not have a casting vote.
(4.) All questions arising at any meeting of the Commission shall be decided by a majority of votes of the members present at the meeting in person, but if the Chairman dissents from any decision, signifies at the meeting to the other members present in person his intention to bring his dissent to the notice of the Minister, and within twenty-four hours after the close of the meeting transmits to the Minister notice of his dissent, together with full particulars of the decision, effect shall not be given to the decision unless and until the Minister approves of the decision.
(5.) At any meeting of the Commission the Chairman shall have a deliberative vote, and in the case of an equality of votes, shall also have a casting vote.
(6.) The member who is an officer of the Commonwealth shall not be entitled to vote on any question arising at any meeting of the Commission.
(2.) Any such appointment of a deputy and any acts done by him as such shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or the exercise of his powers had not arisen or had ceased.
(2.) Where under this Part the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter, and that power or function is delegated under this regulation, that power or function may be exercised by the delegate upon his opinion in relation to that matter.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Commission.
(4.) Where a Waterside Employment Committee has been appointed in respect of a port, and the Commission has assigned to that Committee any of its powers or functions, and has delegated to an officer of the Commission the powers and functions so assigned or any of them, the Committee shall not, while the delegation is in force, exercise any of the powers and functions so delegated except in pursuance of a direction by the Commission or that officer.
(2.) Any such direction may be given orally or in writing.
(3.) A direction given orally shall be given to the person required to comply therewith and thereupon that person shall comply with the direction.
(4.) A copy of a direction given in writing shall be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.
(2.) Except insofar as the terms and conditions of employment for waterside work and in stevedoring operations are determined by the Commission under the last preceding sub-regulation, those terms and conditions shall not be affected by this Part.
(
a ) aregister of employers at that port;(
b )a register of waterside workers at that port;(
c ) a register of all waterside workers who are members of the Defence Force engaged on war service or who are, in the opinion of the Commission, engaged on essential war-time work, and who produce or have had produced on their behalf satisfactory evidence that they have followed the calling of waterside worker and have derived their main source of livelihood therefrom at that port immediately prior to being so engaged;(
d ) a register of persons (who shall be known as the Waterside Workers’ Reserve) in the vicinity of that port who are prepared to undertake waterside work when a sufficient number of waterside workers is not available for waterside work; and(
e ) aregister of officers of the Federation and of the Permanent and Casual Wharf Labourers Union of Australia.
(2.) An application for registration by a waterside worker at a port at which a register of waterside workers is established shall be lodged with an officer or agent of the Commission at that port in accordance with a form approved by the Commission.
(
a ) refuse to register; or(
b ) cancel or suspend the registration of,
that waterside worker if he was, on the second day of April, 1942, a member of that organization.
(
a )has been guilty of misconduct in a matter relating to or affecting his fitness for registration as an employer or has acted in a manner whereby the proper loading or unloading of ships in any port has been interfered with; or(
b )has contravened or failed to comply with any provision of this Part or of an order under this Part.
the Commission may call on him to show cause, in a manner and within a period specified by the Commission, why his registration as an employer should not be cancelled or suspended.
(2.) If the employer fails so to show cause to the satisfaction of the Commission, the Commission may cancel his registration or may suspend his registration for such period as it thinks fit.
(3.) Where the registration of an employer has been cancelled or suspended under this regulation, he shall not, without the consent of the Commission, accept another person for employment as a waterside worker for work on a wharf, pier, jetty, hulk, barge or ship at any port while the registration is so cancelled or suspended.
(
a ) has been guilty of misconduct in a matter relating to or affecting his fitness for registration as a waterside worker or has acted in a manner whereby the proper loading or unloading of ships in any port has been interfered with;(
b )has contravened or failed to comply with any provision of this Part or of an order under this Part;(
c ) has not followed his calling as a waterside worker as his chief means of livelihood for the previous six months;(
d )by reason of his physical or mental condition, is not fit to carry out the duties of a waterside worker or may be a danger to others; or(
e )is not regularly attending the picking-up place or places prescribed by the appropriate award of the Court or order of the Commission,
the Commission may call on him to show cause, in a manner and within a period specified by the Commission, why his registration as a waterside worker should not be cancelled or suspended.
(2.) If the waterside worker fails so to show cause to the satisfaction of the Commission, the Commission may cancel his registration or may suspend his registration for such period as it thinks fit.
(3.) The Commission may, prior to calling upon a waterside worker to show cause under sub-regulation (1.) of this regulation suspend his registration as a waterside worker, and may at any time annul the suspension.
(4.) Where the registration of a waterside worker has been cancelled or suspended under this regulation, he shall not, without the consent of the Commission, accept employment as a waterside worker for work on any wharf, pier, jetty, hulk, barge or ship at any port during the continuance of the cancellation or suspension.
(2.) Each token to which this regulation applies shall remain the property of the Commission and any officer or agent of the Commission may at any time—
(
a )demand the production of any such token by any registered waterside worker or any other person; and(
b )demand and recover possession of any such token from any person who is not authorized to be in possession thereof.
(3.) A person shall not, without lawful authority (proof whereof shall lie upon him), have in his possession any token to which this regulation applies other than a token issued to him under this regulation.
(4.) A person who, without lawful authority (proof whereof shall lie upon him), comes into possession of any token to which this regulation applies shall forthwith return the token to an officer or agent of the Commission at the principal port in the State or Territory in which he resides.
(5.) A person, other than a person authorized by the Commission to manufacture tokens to which this regulation applies, shall not manufacture, dispose of or supply any representation of a token similar to a token to which this regulation applies or so nearly resembling any such token as to be likely to deceive.
(
a )determine whether or not that person has committed any such breach; and(
b )if it is satisfied that any such breach has been committed, record its opinion as to the penalty which, in accordance with law, should be imposed.
(2.) In exercising its powers under the last preceding sub-regulation the Commission shall give to the parties interested an opportunity of stating their respective cases, in a manner specified by the Commission.
(3.) For the purposes of this regulation the Commission shall have authority to receive evidence and examine witnesses and to administer an oath to any witness appearing before the Commission.
(4.) In any prosecution for an offence arising under this Part in respect of any matter inquired into by the Commission in pursuance of this regulation—
(
a )the determination of the Commission shall be evidence of the matters of fact specified therein; and(
b )the court shall take into consideration the opinion of the Commission as to the penalty to be imposed.
(
a ) the Chairman of the Committee appointed in respect of that port, a member of that Committee who is a representative of employers and a member of that Committee who is a representative of employees; or(
b )the Chairman of the Committee appointed in respect of that port,
to exercise the powers and functions of the Commission under regulations 67, 68, 76 and 83 of these Regulations, and any reference in any of those regulations to the Commission shall be deemed to include a reference to any body of persons, or any person, exercising the powers and functions of the Commission by virtue of this regulation.
(2.) Notwithstanding the assignment under regulation 80 of these Regulations to a Committee of the powers and functions of the Commission, in relation to any port, under regulations 67, 68 and 76 of these Regulations, the Commission may direct that those powers and functions shall not be exercised in relation to that port except by a body of persons, or by any person, empowered to exercise the powers and functions of the Commission under those regulations by virtue of the last preceding sub-regulation.
(3.) A body of persons or a person exercising, by virtue of this regulation, the powers and functions of the Commission under sub-regulation (1.) of the last preceding regulation shall, upon the completion of an inquiry in respect of any person, forthwith furnish to the Commission a report of its proceedings.
(4.) An appeal
shall not lie to the Commission against any determination of any body of
persons, or of any person, under paragraph (
(2.) Where a person appeals to the Commission against the suspension of his registration as an employer of waterside workers or as a waterside worker the suspension shall, subject to the next succeeding sub-regulation, continue in operation.
(3.) The Commission may postpone the operation of the suspension, pending the determination of the appeal, for such period as it thinks fit and the registration shall not be deemed to have been suspended during the period of the postponement.
(4.) When considering an appeal under this regulation, the Commission shall not be bound to receive evidence, but shall give the parties interested an opportunity of stating their respective cases in a manner specified by the Commission.
(5.) The Minister may appoint a person (not necessarily a member of the Commission) to preside, in the absence of the Chairman or Acting Chairman, at meetings of the Commission when considering appeals under this regulation, and the person so appointed shall, when so presiding, have and may exercise all the powers and functions of the Chairman.
(2.) The Committee shall be a body corporate with perpetual succession and a common seal.
(3.) The Committee shall consist of such number (not exceeding three or, in the case of the port of Newcastle, not exceeding four) of representatives of employers as is recommended by the Commission and a like number of waterside workers who are members of the Federation, together with a representative nominated by the Commission who shall be Chairman of the Committee:
Provided that where at any particular port there is not a branch of the Federation, the Committee in respect of that port may include, in lieu of representatives of waterside workers who are members of the Federation, representatives of waterside workers who are members of such organization of waterside workers as is specified by the Commission.
(4.) In the event of the illness or absence of the Chairman, the Minister may appoint some other person to be Acting Chairman and the Acting Chairman shall have and may exercise all the powers and functions of the Chairman.
(5.) The members of the Committee (other than the Chairman) shall be appointed by the Minister from panels of persons nominated by the employers and the Federation, respectively, and shall hold office during the pleasure of the Minister:
Provided that, if the Committee is to include representatives of waterside workers who are not members of the Federation, those representatives shall be appointed by the Minister from panels of persons nominated by the organization of waterside workers specified by the Commission in pursuance of sub-regulation (2.) of this regulation in lieu of panels of persons nominated by the Federation.
(6.) The Minister may, in respect of each Waterside Employment Committee, appoint such number (not exceeding three) of representatives of employers, and a like number of waterside workers who are members of the Federation (or, if the Committee includes representatives of waterside workers who are not members of the Federation, a like number of representatives of waterside workers who are members of such organization of waterside workers as is specified by the Commission), to be deputies of members of that Committee.
(7.) In the event of the illness or absence of any member of the Committee, a deputy, representative of the same interest as the ill or absent member, shall have and may exercise all the powers and functions of a member of the Committee.
(8.) No act done by any deputy shall, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers or functions had not arisen or had ceased.
(9.) The Minister may at any time remove any member of the Committee from office but the Minister shall thereupon appoint another member who shall be representative of the same interest as the member removed.
(10.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee giving reasons which in the Chairman’s opinion warrant a meeting of the Committee.
(11.) The Chairman of the Committee may, and shall, upon the request of a member thereof, refer any matter (not being a matter arising under regulation 67, 68 or 76 of these Regulations) within its powers and functions to the Commission for decision or direction.
(12.) Subject to the last preceding regulation, any decision of the Committee on any matter within its powers and functions shall be final.
(13.) The Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of the Committee.
(14.) The Committee may bear such evidence as it thinks fit.
(15.) The Committee may allow any person against whom a complaint has been made under this Part to be represented before it by an officer of the organization of which he is a member.
(16.) At any meeting of the Committee the Chairman (or Acting Chairman) and three other members shall constitute a quorum.
(17.) All questions arising at any meeting of the Committee shall be decided by a majority of the votes of the members or deputies of members present at the meeting in person.
(18.) The Chairman (or Acting Chairman) of the Committee shall have a casting but not a deliberative vote.
(19.) Members of the Committee shall be given at least one day’s notice of a meeting and the nature of the business to be transacted thereat.
(20.) The Chairman and members and deputies of members of the Committee shall be paid such remuneration and travelling allowance (if any) as the Minister determines.
(2.) Where, in this Part, the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter and that power or function is assigned under this regulation to a Committee, that power or function may be exercised by the Committee upon its opinion in relation to the matter.
(3.) An assignment of powers and functions to a Committee under these Regulations shall be exercised subject to any conditions determined by the Commission from time to time and every such assignment shall be revocable at will and no such assignment shall prevent the exercise of any power or function by the Commission.
(
a ) to furnish to the Commission, or to such other person as the Commission directs, such information as the Commission or that other person requires; and(
b )to attend and give evidence before the Commission, or before such other person as the Commission directs,
with respect to any matter relating to waterside work or stevedoring operations, and may require that person to produce all books, documents and other papers whatever in his custody or control relating thereto.
(2.) The Commission or other person may require the information or evidence to be given on oath or affirmation and either orally or in writing, and for that purpose the Chairman of the Commission or other person may administer an oath.
(3.) A person shall not—
(
a ) refuse or fail to comply with any requirement made in pursuance of sub-regulation (1.) or (2.) of this regulation; or(
b )with intent to evade the provisions of this regulation, destroy, mutilate, deface, secrete or remove any book, document or other paper.
Part VI.—Central Cargo Control Committee.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(
a ) all officers and employees of the Central Cargo Control Committee constituted under the Regulations so repealed holding office immediately prior to the commencement of these Regulations shall continue to hold office as if they were appointed under these Regulations;(
b )each State Committee constituted under the Regulations so repealed shall continue as if it were constituted under this Part; and(
c ) all orders and directions given under the Regulations so repealed and in force immediately prior to the commencement of these Regulations shall continue in force as if made or given under this Part.
“State Committee” means a State Cargo Control Committee established under this Part;
“the Central Committee” means the Central Cargo Control Committee established under this Part.
(
a )one shall be an officer of the Department of Trade and Customs;(
b )one shall be nominated by the Minister of State for the Army;(
c ) one shall be nominated by the Minister of State for Transport;(
d )one shall be chosen for his experience of dock and wharf management;(
e ) one shall be chosen for his experience in the management of heavy carrying; and(
f ) one shall be chosen to represent industrial organizations of employees concerned in the disposal of cargo,
and, if the Minister thinks fit, one other member.
(2.) The members of the Central Committee shall be appointed by the Minister.
(
a ) search that person and any bag or other receptacle in his possession; and(
b )enter, if necessary by force, and search those premises or that vehicle or vessel and every person who is found on, or who he has reasonable grounds to believe has recently left, or to be about to enter, those premises or that vehicle or vessel, as the case may be,
and may seize any cargo found on any such person or in or on any such premises, vehicle or vessel, which he has reasonable ground for believing to be evidence of a contravention of this Part or the possession of which gives rise to a suspicion that such a contravention is about to be committed.
(2.) A woman shall not, in pursuance of this regulation, be searched except by a woman.
(
a ) the description and value of the cargo in respect of which there is pillage, shortage or ullage; and(
b ) such other information as is necessary to complete the form or as the Central Cargo Control Committee requires.
THE SCHEDULE.
———
Reg. 45.
STANDARD TIME CHARTER PARTY OF THE SHIPPING CONTROL BOARD UPON WHICH SHIPS ARE REQUISITIONED.
The following are the terms and conditions which shall govern ships requisitioned under regulation 24 of the National Security (Shipping Coordination) Regulations, or under the Regulations repealed by Part III. of those Regulations, where the Order of the Minister specifies the Standard Time Charter Party prepared by the Shipping Control Board or does not otherwise provide and such terms and conditions shall apply to all ships so requisitioned and to the owners thereof:—
(
Provided that where the manning of any vessel is reduced below that prevailing at 1st July, 1941, or such other date as at which the charter rate for the vessel is determined, or the total amount payable by the Owners under clause 4 hereof is otherwise reduced below the amount payable by the Owners at 1st July, 1941, or such other date as at which the charter rate of the vessel is determined, then credit shall be given to the Charterer for any such expenses saved by the Owners.
(
(
expense, accommodation for such stockmen as may be necessary, the Charterer paying the Owners for victualling the number carried at the current rate per day per man recognized by the Commonwealth Court of Conciliation and Arbitration as the cost of victualling a member of the crew.
(
(
(
(
(
1759.—3
(
(ii) If, in the
opinion of the Charterer, any other cause resulting in a detention or loss of
time which but for this paragraph would have been covered by Sub-clause (
(
(
a ) The risks excluded from an ordinary English policy of marine insurance by the clause—“Warranted free of capture seizure arrest restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned, or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this warranty ‘power’ includes any authority maintaining Naval, Military or Air Forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion insurrection or civil strife arising therefrom, or piracy.”
(
b ) Loss of or damage to the ship caused by—(i) Hostilities warlike operations civil war revolution rebellion insurrection or civil strife arising therefrom;
(ii) Mines torpedoes bombs or other engines of war;
(iii) Any act done in pursuance of the direction of a competent authority to destroy or disable the ship in order to prevent its falling into the hands of the enemy or proving of use to the enemy.
(
c ) Liabilities of the Owners in respect of the ship for—Loss of life of or personal injury to Master Officers Crew and pilots and hospital medical and funeral expenses resulting therefrom, detention by the enemy of Master, Officers and Crew, conveyance of Master, Officers and Crew to port of engagement discharge or other port agreed, loss of or damage to their clothes or effects and wages until recovery and return to home port when landed
and left elsewhere by reason of illness or accident, wages during unemployment where their service is terminated by reason of wreck or loss of ship and the cost of removal of wreck, when the liability arises from capture seizure arrest restraint or detainment and the consequences thereof or of any attempt thereat, or from the consequences of hostilities or warlike operations whether there be a declaration of war or not, civil war, revolution rebellion insurrection or civil strife arising therefrom, piracy, strikes, lock-outs, political or labour disturbances, riots, civil commotions, military or usurped power:
Provided that, in the event of a loss by capture, seizure, arrest, restraint or detainment, if before the expiration of 183 days from the date of the loss the ship be recaptured or released and restored to the Owners there shall be no claim upon the Commonwealth for any loss in respect of or arising out of such capture seizure arrest restraint or detainment other than the following, namely:—
(
a )The cost of repair of damage received by the ship by reason of the capture seizure arrest restraint or detainment;(
b ) The expenses incurred in respect of the ship by reason of the capture seizure arrest restraint or detainment and the recapture release or restoration of the ship until her arrival at her home port or some other port where she might reasonably be employed by the Owners unless in the meantime she again comes on hire.(
c ) Asum by way of compensation at the rate of 10 per cent. per annum on the basic value as hereinafter defined from the date when by reason of capture seizure arrest restraint or detainment the ship went off hire until the date of recapture or release and restoration.
(2.) The suing and
labouring clause involved in sub-clause (1.) (
(3.) The
provisions of Part V. of the
(4.) No acts of the Owners or of the Commonwealth in or toward recovering, saving or preserving the ship shall be considered a waiver or acceptance of abandonment.
(5.) If, by reason of the operation of any of the risks undertaken by the Commonwealth in sub-clause (1.) of this clause, the ship shall come into collision with any other ship, and the Owners shall in consequence thereof become liable to pay and shall pay by way of damages to any other person or persons any sum or sums not exceeding in respect of any one such collision the basic value of the ship, and such liability would not be recoverable under the standard hull marine form of policy, the Owners shall be entitled to receive from the Commonwealth such sum or sums so paid, and in cases in which the liability of the ship has been contested, or proceedings have been taken to limit liability, with the consent in writing of the Charterer, the Owners shall also be entitled to receive from the Commonwealth the costs which the Owners shall thereby incur or be compelled to pay.
This provision shall apply notwithstanding that the ship has been captured or seized and that the collision occurs while such capture or seizure is maintained.
(6.) Where the Commonwealth pays or accepts liability for a total loss it shall become entitled to take over the interest of the shipowner in whatever remains of the subject matter and shall be subrogated to all his rights and remedies in and in respect of the subject-matter as from the time of the casualty causing the loss.
(7.) For the purpose of the liability so undertaken by the Commonwealth, the value of each ship shall be fixed in the manner hereinafter set out, as from the time she comes on hire, and the value so fixed shall be taken to be her established value. Her established value shall consist of two parts, namely, a
1759.—4
basic value and an increased value. The
basic value shall be taken
(
a ) If the Owner claims that for the purpose of such insurance he had, as a matter of policy, adopted a value lower than her true value at the outbreak of war, the basic value shall be the value for which, judged by values adopted by him or other owners for comparable ships insured with the Marine War Risks Insurance Board it appears that the Owner, but for such policy, would have so insured her;(
b ) If the Shipping Control Board is of opinion that judged by the values adopted by the Owner or other owners for comparable ships so insured the value is excessive as a basic value, an adjustment shall be made so as to fix a fair basic value.
At the end of two years the valuation of a ship may be reviewed at the instance either of the Owner or of the Shipping Control Board.
(8.) The basic value shall be fixed by the Shipping Control Board, after considering such representations as the Owner thinks fit to make. But if the Owner is dissatisfied with the value so fixed, the Minister of State for Supply and Shipping may, upon his request, appoint a referee or referees to review the value, and the basic value fixed by the referee or referees shall be final.
(9.) The increased value shall be an addition of twenty-five per cent. of the basic value.
(10.) If under this clause the Commonwealth becomes liable as for a total loss, the following provisions shall apply:—
(
a ) The Commonwealth shall be responsible to the Owner to the extent of the established value;(
b ) The amount payable to the Owner at once in money shall not exceed the basic value;(
c ) The amount which would, otherwise, be payable to the Owner in respect of the increased value shall be placed to the credit of the Owner in a trust account to be called “The Australian Tonnage Replacement Account”;(
d )The Owner shall be credited with simple interest at the rate of four per cent. per annum on the amount standing for the time being to his credit in the Australian Tonnage Replacement Account.
(11.) The Owner
shall not be entitled to the amount standing to his credit in the Australian
Tonnage Replacement Account except for the replacement within seven years of
the end of the war of tonnage lost. The replacement of tonnage lost means the
acquisition of a ship or ships having a total value of at least the established
value of the ship lost. The value of the ship acquired shall be measured by her
cost or estimated cost or by her purchase price as the case may be, in either
case taking into account customs duty, if any. For this purpose, if the
Commonwealth has become liable under this clause as for a total loss in respect
of more than one ship of the same owner, the established values of all such
ships may be combined and the acquisition of a ship or ships having a total
value of not less than the established values of all the ships lost shall be
considered complete replacement and the acquisition of a ship of greater value
than the established value of any one of the ships lost shall be considered replacement
The acquisition of a ship may be by building a ship or by purchasing a ship not already on the Australian Register or trading on the Australian Coast.
When the acquisition is by building a ship, the keel must be laid within seven years from the end of the war. When the acquisition is by purchase, delivery must be obtained within seven years from the end of the war.
Unless the expression “end of the war” is defined by some applicable statute, the war shall be taken to have ended when six months have elapsed after the cessation of hostilities against all parts of the British Commonwealth.
(12.) No moneys shall be paid out of the Australian Tonnage Replacement Account to or on account of the owner of a ship or ships lost unless the ship acquired has been placed upon the Australian Register or the Minister of State for Supply and Shipping is satisfied that she will be placed upon the Australian Register, and unless the Shipowner acquiring such ship undertakes to the satisfaction of the Minister of State for Supply and Shipping that without his consent he will not sell or transfer ownership in the vessel within two years and will not transfer her from the Australian Register and for two years will employ her in a trade or service so that on a round voyage her port of clearance and port of final destination shall be within Australia. Upon being satisfied that such Shipowner has entered into a binding contract for the acquisition of a ship of the required value whether by building or by purchase and that she will be placed upon the Australian Register the Minister of State for Supply and Shipping may pay over to him any moneys standing to his credit up to the sum payable in respect of that acquisition or apply any such moneys towards the discharge of such Shipowner’s liabilities under the contract.
Such Shipowner shall be entitled to payment of the residue of the amount payable to him in respect of the value of the tonnage replaced if the conditions of this clause are fulfilled, as and when the ship or ships acquired by way of replacement enter service upon the Australian Coast.
(
a ) A set of International Code Flags and the latest edition of the Signalling Code.(
b ) A pair of Hand Flags for semaphoring messages in daylight,(
c ) A flashing lamp for signalling at night. (Morse Code.)(
d ) Signal Letters of British Ships.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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