National Security (Shipping Requisition) Regulations (Cth)

STATUTORY RULES.

1941. No. 230.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 National Security Act 1939-1940.

Dated this seventeenth day of September, 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Shipping Requisition) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Ship­ping Requisition) Regulations.

Incorporation.

2. These Regulations shall be read as one with the National Security (Shipping Control) Regulations.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Standard Time Charter Party.

4.—(1.) Subject to regulation 5 of these Regulations, the conditions of charter or charter party set out in the Schedule to these Regulations shall be the Standard Time Charter Party of the Shipping Control Board.

(2.) All ships in respect of which an order of requisition has been made or may be made under regulation 11 of the National Security (Shipping Control) Regulations shall, unless the order otherwise provides, 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.

Variation of Standard Time Charter Party.

5. The Shipping Control Board may, by resolution, modify, vary or add to the terms and conditions of the Standard Time Charter Party.

 

* Notified in the Commonwealth Gazette on , 1941.

5441.—22/15.9.1941.—Price 3d.

Charter rates in respect of ships previously requisitioned.

6.—(1.) For the ships named in Shipping Requisition Order No. 1 made by the Minister of State for Commerce on 14th July, 1941, the charter rates, fixed after investigation by the Chairman of the Shipping Control Board and set out in a list under his hand and recorded in the Minutes of the Shipping Control Board, shall apply until 31st December, 1941, and thereafter except insofar as they are varied in pursuance of regulation 7 of these Regulations.

(2.) For those of the ships named in Shipping Requisition Order No. 2 made by the Minister of State for Commerce on 16th 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 until 31st December, 1941, and thereafter except insofar as they are varied in pursuance of regulation 7 of these Regulations.

Variation of charter rates.

7. After 31st December, 1941, the charter rate of any ship may, on the recommendation of the Chairman made after investigation, be varied from time to time by resolution of the Shipping Control Board, and for such period or periods as are specified in the resolution.

Remuneration of agent.

8. The remuneration of an agent required to act under regulation 13 of the National Security (Shipping Control) Regulations shall be six per centum of the amount of the freights earned by the ship or ships in respect of which he is required to act while he is so acting, unless and until the Shipping Control Board by resolution otherwise orders.

Remuneration in respect of certain services.

9. The Shipping Control Board, upon the recommendation of the Chairman made after investigation, may from time to time fix and vary rates of remuneration in respect of the following services:—

(a) supervision of cargo at ports of loading and discharge;

(b) hire of gear;

(c) use of wharves under lease to shipowners; and

(d) any other service or the use of any other appliance or thing.

Chairman may fix charter rates.

10.—(1.) The Chairman of the Shipping Control Board may fix charter rates in respect of any ship already requisitioned but not included in the list under his hand referred to in regulation 6 of these Regulations, and in respect of any ship requisitioned at any subsequent time.

(2.) Charter rates so fixed may be varied in the exercise of the power conferred by regulation 7 of these Regulations.

Charter rates to be binding.

11. The charter rates and other rates established by or fixed under these Regulations shall bind the owners of ships and other persons concerned, and they shall not be entitled to any other compensation or remuneration from the Commonwealth or the Shipping Control Board.

Limitation of application of reg. 11 (2.) of National Security (Shipping Control) Regulations.

12. Sub-regulation 2 of regulation 11 of the National Security (Shipping Control) Regulations shall be read subject to these Regulations.

 

SCHEDULE. Reg. 4.

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 11 of the National Security (Shipping Control) 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:—

Hire.

1. The ship having been requisitioned in pursuance of the National Security (Shipping Control) Regulations the Owners let, and the Charterer hires, the ship for the period of Requisition upon the terms and conditions hereinafter set out.

Commencement.

Delivery.

Place and conditions.

Employment.

2. The hire shall commence on and from the day (Sundays and Holidays excepted) on which she is delivered or placed at the disposal of the Charterer (24 hours’ previous notice in writing having been given to Charterer, such notice to be given (Sundays and Holidays excepted) between 10 a.m. and 5 p.m. on weekdays, and 10 a.m. and 12 noon on Saturdays); at such port and in such dock or at such safe wharf or place immediately available as Charterer may direct, inward dues having been paid by Owners, and she then being ready with clear holds, tight, staunch, strong (and having, if so required by the Charterer, been dry docked and newly painted) , and in every way fitted for service, with Master and full complement of Officers, Engineers and Crew for a ship of her tonnage and description to be employed in lawful trades.

Owners to maintain.

3.—(a) The Owners shall throughout the period of requisition maintain the ship in a thoroughly efficient state in hull machinery equipment and cargo gear with Master and full complement of Officers, Engineers and Crew for a ship of her tonnage and description, and obtain and keep in force the usual Government certificates, the ship to work night and day if required by Charterer, all winches to be at Charterer’s disposal during loading and discharging, and the ship to provide power to work the same day and night as required.

Master’s duties.

(b) The Master shall prosecute his voyages with the utmost despatch and shall render all possible assistance with ship’s officers, crew and boats, and equipment on the ship.

Owners to provide.

4. The Owners shall provide and pay for all provisions and wages (including War Bonuses and all overtime whether or not engaged on work for which the Owner is liable hereunder) of the Master, Officers, Engineers and Crew (subject, however, to the refund by the Charterer provided for in clause 5 (b) hereof); for water for ballast and all purposes excepting for livestock; for Consular fees and charges for Master, Officers, Engineers and Crew; for all deck, engine-room and cabin stores; for electric light; for marine insurance of the ship (but not insurance against war risk as hereinafter provided); for all compensation payments to or in respect of seamen; for all wireless subsidies and operators’ salaries; for Shipping Office and Navigation Department fees; and for all services in connexion with the navigation of the ship not otherwise in this Charter Party expressly provided for.

Charterer to provide.

5.—(a) The Charterer shall while the ship is on hire provide and pay for all coal and other fuel consumed and shall also pay all port, light, dock, canal and the like dues and charges; pilotages and towages; victualling of passengers; and, where necessary for the Charterer’s business, all stevedoring, labourage, agencies and commissions, and other expenses of loading and discharging cargoes, including winchmen, and all other charges appertaining to the cargo.

(b) The Charterer shall also be liable for and shall refund to the Owners all amounts paid by the Owners in respect of the period while the ship is on hire to the Master, Officers, Engineers and Crew for wages (including War Bonuses) in excess of wages at the rates ruling for similar service at 1st July, 1941, and for or in respect of wages and victualling of extra crew required after the said 1st July, 1941. Provided, however, that the Charterer shall not be liable under this clause for any amount so paid by the Owners unless the same was paid either pursuant to an Award or decision of some competent Court or Tribunal having authority in the matter or with the consent in writing of the Charterer.

Bunker coal.

6.—(a) The Charterer shall take over and pay for all coal and other fuel in ship’s bunkers at the commencement of hire, and the Owners shall take over and pay for all bunker coal and other fuel remaining on board at the time of re-delivery to the Owners at the expiration of the period of hire at prices representing the average cost of such bunker coal or other fuel.

 

(b) Any bunker coal or other fuel provided by the Charterer which shall be consumed by the ship during any period that she is off hire pursuant to this Charter Party shall be paid for by the Owners at the prices representing the average cost of such bunker coal or other fuel.

Commencement of hire.

7. The Charterer shall pay for the use and hire of the ship at the rate per day determined under the National Security (Shipping Control) Regulations or in some other lawful manner. The hire shall commence at the hour of delivery and shall continue, except for any periods during which the ship is off hire pursuant to the provisions of this Charter Party, or unless the ship is lost or missing, until the hour of her re-delivery to the Owners at the original Port of delivery, unless another Port is mutually agreed upon.

Lost or missing.

8. If the ship be lost, the hire is to cease and determine on the day of her loss, and if missing, on the date when last heard of. If, at a date when hire would otherwise be payable, the ship is more than seven days overdue at her destination, payment of hire shall be deferred until her arrival, or her safety ascertained, or if under repair, until service be resumed. Should the ship become a constructive total loss, such loss shall be deemed to have occurred on and the hire shall cease as from the day of the casualty resulting in such total loss.

Loading and discharging.

9. The Cargo or Cargoes shall be laden, stowed and discharged alongside any ship or in any dock or at any wharf or place that the Charterer or its Agents may direct where the ship can always safely lie afloat, or at any safe tidal berth where the ship may have to lie aground as usual and customary for ships of her size and class.

Cargo space.

Live-stock.

Deck cargo.

Stockmen.

10. (a) The whole reach, burthen including lawful deck capacity and passenger accommodation, if any, of the ship (not being more than she can reasonably stow and carry) shall be at the Charterer’s disposal, reserving only proper and sufficient space for Master, Ship’s Officers, Engineers, Crew, tackle, apparel, furniture, provisions and stores. The Charterer is to have the right of carrying live-stock (including entire deck space), if required, compatible with the ship’s seaworthiness. The condenser is to be at the disposal of the Charterer when required, and also the ballast tanks for the conveyance of fresh water. The Owners are not responsible for mortality or injuries to and deterioration of stock, nor for stock washed overboard. The Charterer is to have the privilege of loading any usual lawful deck cargo to be carried at the Charterer’s or Shipper’s risk. The Owners, if required, are to provide, at the Charterer’s 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.

Dangerous goods.

(b) Any damage caused by the shipment of dangerous cargoes such as acids, explosives, calcium carbide, ferro silicon, naphtha, motor spirits, tar or any of their products, is to be for the Charterer’s account unless such damage is caused or contributed to by the negligence of the Owners or those for whom they are responsible.

Gear.

Winches.

11. The Owners shall provide and maintain in a thoroughly efficient state throughout the period of Requisition, all loading and unloading gear including ropes, falls, blocks, and ordinary standing and running gear necessary for handling coal and ordinary cargo of weights as at present equipped but not less than 2 tons; also sufficient electric or other lighting for night work. In the event of short steam or a disabled winch or winches, the Owners shall pay for shore engine or engines, in lieu thereof, if required, or allow the Charterer a proportionate rebate of hire.

Extra winches, gear, &c.

12. The Charterer is to be at liberty to fit any additional winches, cranes and gear for loading and discharging cargo that it may require beyond what is on board at the commencement of the Charter, and to make necessary connexions of steam and other pipes. Such work is to be done at the Charterer’s expense, and the said winches, cranes, and gear so fitted are to be and remain its property, and it shall remove the same at its expense before re-delivery of the ship to the Owners, leaving the ship, where any alterations have been made, in the same good order and condition as she was in at the commencement of the Charter, fair wear and tear and depreciation excepted. The Charterer has further the liberty to erect additional passenger and stock accommodation and movable bulkheads, the same to be supplied and erected and taken down at its expense, and any damage to the ship to be made good by it. The ship will remain on hire, less savings, while any of the foregoing work is being carried out.

Orders.

13. The Master shall be solely under and obey the orders and directions of the Charterer or any officer or agent authorized by the Charterer as regards employment of ship, agency, or other arrangements, but he shall be solely responsible (on behalf of the Owners) for the management, navigation, and handling of the ship.

Crew to be British subjects.

14. The Master, Officers and Engineers shall be British subjects, and the Owners shall so far as practicable engage only British subjects as members of the crew and shall not engage any person of enemy nationality.

Local laws.

15. The Owners and Master shall at the Owners expense take all reasonable measures to secure for the Charterer the full advantage of exemptions from pilotages and other charges, and the benefit of other local laws and regulations. Unless otherwise instructed by Charterer, the Master shall act as pilot at any port for which he holds an Exemption Certificate or where pilotage is not compulsory.

Exempt master.

16. The Charterer may appoint a Master holding any pilotage exemption certificate, paying his wages at award rates and his victualling, until such time as the Owners appoint a Master holding the same pilotage exemption certificate.

Deviation.

17. The Ship, in addition to any liberties expressed or implied herein, shall have the liberty to comply with any orders or directions as to departure, arrival, routes, ports of call, stoppages, or otherwise howsoever given by the Commonwealth Government, or any person acting or purporting to act with the authority of the Commonwealth Government. Nothing done or not done by reason of such orders or directions shall be deemed a deviation, and the ship and the Owners shall not be liable to the Charterer for any loss or damage caused or occasioned directly or indirectly by compliance with such orders or directions.

Third party indemnity.

18. The Charterer shall not suffer the Owners to be made liable to Third Parties in consequence of the requisitioning of the ship disabling the Owners from performing an obligation existing at the time of requisition.

Customs detention.

Quarantine.

19. The Owners shall be liable for time lost by any detention by Customs or other Authorities, caused by smuggling or any other infraction of the laws of the country to which ship is trading on the part of the Owners, Master, Officers, Engineers or Crew. Quarantine and fumigation expenses and time lost to be for Charterer’s account.

Misconduct.

20. If the Charterer shall have reason to be dissatisfied regarding the ability or conduct of the Master, or of any Officer, or Engineer, or member of the Crew, the Charterer or its Agents shall, in conjunction with the Owners or their Agents, investigate the matter, and, if required by the Charterer, the Owners shall make a change in the appointment as soon as practicable.

Docking.

21. (a) The Owners shall, at times arranged with the Charterer, annually cause the ship and her equipment to be surveyed and overhauled and the ship to be provided with the official certificate of survey and equipment appropriate to the trade in which the ship is at the time employed or is to be employed as required by the Navigation Act and Regulations thereunder, and at such annual survey, and also once between such annual surveys, if required by the Charterer, arrange for the ship’s bottom to be cleaned and repainted, at their own expense, at the port at which she may then be or as mutually agreed, and provided there is a suitable dry dock or slip available; hire to cease from the time the ship is placed at the disposal of the Owners for such work, a dock being then available, until she is again placed at the disposal of the Charterer ready and efficient for further service.

(b) Cleaning of boilers whenever possible shall be done during service, but if impossible, Charterer shall give Owners the necessary time for cleaning. Should the ship be detained beyond 48 hours, hire shall then cease until she is again ready.

Sailing orders.

Logs.

22. The Master shall be furnished by the Charterer or its Agents from time to time with all requisite instructions and sailing directions, in writing, and both he and the Chief Engineer shall keep full and correct logs of the voyage or voyages, which are to be accessible to Charterer or its Agents; and which are to be forwarded to the Charterer if required. (Provided, however, that the keeping of logs shall be subject to National Security Regulations).

Average.

23. (a) General Average shall be settled in accordance with the York-Antwerp Rules, 1924, but the Charterer shall not be called upon to sign bonds or pay deposits.

(b) Any disbursements paid by the Charterer, and also the replacement value of any bunkers recovered in General Average, shall be refunded to the Charterer. Wages and provisions which are recovered in General Average to be also refunded to the Charterer if paid for or consumed during any period for which hire is payable.

Detention.

Stress of weather.

24. (a) Should the ship be driven into port or to anchorage by stress of weather any detention or loss of time shall be at Charterer’s expense.

Inefficiency, breakdown, and other stoppages.

(b) In the event of any detention or loss of time from deficiency of Master, Officers, Engineers or Crew, breakdown of machinery or boilers, collision, stranding, damage to hull, want of repairs or any other cause whatsoever affecting the efficiency of the ship, preventing the working of the ship for more than 24 consecutive hours, the payment of hire shall, subject to Sub-clause (c) hereof, cease from the commencement of such detention or loss of time until the ship is again in a fully efficient state to resume her service, with any cargo or bunkers discharged for repairs reloaded, and, if required by the Charterer, at the place where she became inefficient. All expenses incurred in connexion with such detention or loss of time, including fuel consumed while off hire, shall be for Owner’s account. If upon a voyage the speed of the ship be reduced by the breakdown of machinery or boilers, the loss of or damage to propeller, or any other of the causes aforesaid, the time lost and the cost of the extra fuel, if any, consumed in consequence thereof, shall be borne by the Owners.

(c) If any detention or loss of time which but for this Sub-clause would have been covered by Sub-clause (b) hereof, is a direct consequence of any cause the risk of which in respect of loss of or damage to the ship is to be borne by the Charterer under Clause 27 hereof, then the ship shall remain on hire during the period of such detention or loss of time.

(d) (i) If, in the opinion of the Charterer, any deficiency of Master, Officers, Engineers and Crew resulting in a detention or lose of time which but for this paragraph would have been covered by Sub-clause (b) hereof, is a direct consequence of war conditions, then hire shall not cease until the expiration of the first 72 hours of such detention or loss of time. Provided, however, that the concession may be claimed once only in any one month.

(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 (b) hereof, is a direct consequence of war conditions, then the ship shall remain on hire during the whole or such part of the period of detention or loss of time as the Charterer in its absolute discretion may determine.

Rebate of hire.

(e) In respect of any period during which, pursuant to this Clause, the ship shall remain on hire, credit shall be given to the Charterer for any expenses saved by the Owners.

Negligence.

25. The Charterer shall not be held responsible for loss or damage sustained by the Owners through the negligence of Pilots or Masters or Crews of Tugboats, stevedores or other qualified persons employed in the loading, stowage or discharge of the cargo, even if appointed and paid by the Charterer or its Agents, and nothing in the Charter-Party shall relieve the owners from their proper legal responsibility for safe and proper stowage of the cargo.

Laying-up rebates.

26. Should the ship, while on hire, be laid up or remain in port for sufficient length of time to entitle the Owners to a rebate of hull and club insurance, the same is to be credited to the Charterer and also any savings made. The Charterer is to have the benefit of all Protection and Indemnity Clubs in which the ship is entered to the full extent that the rules of the Clubs permit the benefits to be subrogated; Owners to bear any proportion of expenses not recoverable under the terms of Ships’ entry in the Clubs as existing on 1st July, 1941.

War risk.

27.— (1.) The Commonwealth undertakes liability for the following risks, namely:—

(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, 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.

 

(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, 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.

Recapture.

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) A sum 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.

Running down.

(2.) If the ship shall be captured or seized and shall, while such capture or seizure is maintained, come into collision with any other ship or vessel, 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 there by incur or be compelled to pay.

Valuation.

(3.) 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 basic value and an increased value. The basic value shall be taken prima facie to be that value for which, before the time of requisitioning, she was insured with the Marine War Risks Insurance Board. But—

(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.

(4.) 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 Commerce 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.

(5.) The increased value shall be an addition of twenty-five per cent. of the basic value.

Total loss.

(6.) 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.

Replacement.

(7.) 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 pro tanto for which a proportionate amount of the total sum standing to the credit of the owner of the ships lost may be paid out of the Australian Tonnage Replacement Account, that is to say, a proportion giving twenty per cent. of the value of the ship or ships acquired by way of 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.

(8.) 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 Commerce 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 Commerce 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 Commerce 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.

Deviate.

28. The ship shall have liberty to tow or to be towed and assist vessels in distress in any situation, and to deviate for the purpose of saving or attempting to save life or property at sea.

Salvage.

29. All salvage and assistance to other vessels shall be for Owners’ and Charterer’s equal benefit, hire of ship during loss of time, value of fuel consumed, Master’s, Officers’, Engineers’ and Crew’s proportion, legal expenses, and repair of damage sustained by ship, gear or equipment, being first charges upon such services.

Lien.

30. The Charterer shall have a lien on the ship and on the hire for disburse­ments on Owners’ account, for all moneys paid in advance and not earned, and for the value of bunker fuel on board.

Sub-letting.

31. The Charterer shall have the right of sub-letting the ship, upon giving due notice to the Owners, the Charterer remaining responsible for hire and the observance of the terms and conditions of this Charter.

Flags.

32. The ship shall, if required, sail under flags provided by the Charterer, but the Owners shall provide the following flags and outfit for signalling:—

(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.

Charts.

33. The Owners shall provide the charts (if obtainable in Australia) required for the safe navigation of the ship according to the services on which she may from time to time be employed, and shall supply the necessary compasses and chronometers, in respect of which certificates from competent authorities shall be furnished that they are in good order, and that correct deviation tables have been provided. If the Charterer shall place on board any charts or navigational publications or instruments they shall remain the property of the Charterer, and the Charterer shall not warrant their accuracy nor be responsible for the results of any inaccuracies therein, nor for any omission by the Owners to provide charts, nor shall the Owners be relieved from any responsibility under this Charter.

Definitions.

34. In this Charter the word “Charterer” means the Shipping Control Board on behalf of the Commonwealth of Australia, and the word “Owner” or “Owners” means, in respect of a ship requisitioned under Regulation 11 of the National Security (Shipping Control) Regulations, the person, persons or company registered under the Imperial Act known as the Merchant Shipping Act 1894 as the owner of such ship.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.