DEFENCE (NAVAL).
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NAVAL CHARTER
RATES REGULATIONS.
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Statutory Rules 1949,
No. 114.(a)
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Citation.
1. These Regulations may
be cited as the Naval Charter Rates Regulations.
Commencement.
2. These Regulations shall
take effect from the first day of January, 1950.
Definition.
3. In these Regulations, “
the Minister ” means the Minister of State for the Navy.
Naval
Charter Rates Board.
4.—(1.) The Minister may.
from time to time, establish a Naval Charter Rates Board which shall consist of
three members.
(2.) One member shall be a person
nominated by the Naval Board, one member shall be a practising barrister and
one member shall be a public accountant.
(3.) The members shall be appointed
by the Minister, who may fix the rates of their remuneration.
(4.) The Minister may, by notice
published in the Gazette, terminate a
Naval Charter Rates Board established under this regulation.
(5.) The Naval Charter Rates Board
established by the National Security (Naval Charter Rates) Regulations and as
constituted immediately prior to the commencement of these Regulations shall,
notwithstanding the discontinuance of the National Security (Naval Charter
Rates) Regulations by the Defence (Transitional Provisions) Act 1949, continue until terminated by
the Minister under this regulation and, during such continuance, shall be
deemed to have been established under these Regulations.
Powers
and functions of Board.
5.— (1.) A Naval Charter
Rates Board shall enquire into and fix the charter rates which ought fairly to
be paid by the Commonwealth in respect of the use or services of ships and
craft which have been or may be requisitioned for naval purposes and the amount
of rates (if any) which ought to be paid to the owner of every such ship or
craft on account of establishment charges.
(2.) A Naval Charter Rates Board
shall be an administrative and not a judicial tribunal but it shall give all
parties who appear to it to be interested an opportunity of being heard, or of
making representations, and it shall have power to hear evidence on oath and to
compel the attendance of witnesses and the production of documents.
(3.) A person shall not refuse or
fail, without reasonable excuse, to obey a direction in writing of a Naval
Charter Rates Board to attend as a witness or to take an oath or affirmation or
to produce a document in his possession or custody.
Penalty: Twenty pounds.
(a) Made under the Naval Defence Act 1910-1949
on 30th November, 1949 ; notified in the Gazette
on 1st December, 1949.
Variation
of rates and charges.
6. The charter rates and
establishment charges fixed under these Regulations in respect of any ship or
craft may be varied by agreement between the Minister and the owner thereof or
other person concerned, or, if the Minister refers the question whether they
should be varied to aNaval Charter
Rates Board, by that Board.
Continuation
of rates and charges previously fixed.
7. The charter rates and establishment
charges fixed by or under the National Security (Naval Charter Rates)
Regulations and in force immediately prior to the commencement of these
Regulations shall continue in force as if they had been fixed under these
Regulations and for the purposes of these Regulations shall be deemed to have
been so fixed.
Action
not to be brought until charter rates and establishment charges fixed.
8. An action shall not be
brought in respect of charter rates, establishment charges or other
compensation for any ship or craft the use or service of which has been
requisitioned for naval purposes unless and until a charter rate and
establishment charges, if any, have been fixed under these Regulations.
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