Navigation Act 1967 (Cth)
An Act to amend the
[
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
(2.) The
(3.) The Principal Act, as amended by this Act, may be cited as the
(2.) Each Division, section or Schedule inserted in the Principal Act by this Act shall come into operation on the date of commencement of this Act.
(
a ) by omitting the words and figures—“Division 1—General (Sections 187–192b)”
and inserting in their stead the words and figures—
“Division 1.—General (Sections 187–192c)”; and
(
b ) by omitting the words and figures—“Division 2b.—Safety Convention Certificates (Sections 206c–206s).”
and inserting in their stead the words and figures—
“Division 2b.—Issue of Safety Certificates (Sections 206c–206q).
Division 2c.—Survey and Safety Certificates Required for Ships (Sections 206r-206x).”.
(
a ) by omitting from the definition of “Collector” in sub-section (1.) the words and figures “Customs Act 1901–1957” and inserting in their stead the words “Customs Act”;(
b ) by inserting in the definition of “equipment” in sub-section (1.), after the words “signals of distress,”, the words “signalling lamps, pilot ladders,”;(
c ) by inserting in sub-section (1.), after the definition of “Medical Inspector of Seamen”, the following definition:—“‘nuclear ship’ means a ship provided with a nuclear power plant;”;
(
d ) by omitting from the definition of “officer of Customs” in sub-section (1.) the words and figures “Customs Act 1901–1957” and inserting in their stead the words “Customs Act”;(
e ) by inserting in sub-section (1.), after the definition of “the Court”, the following definition:—“‘the Customs Act’ means the
Customs Act 1901–1966;”; and(
f ) by omitting from sub-section (3.) the words “Strict compliance” and inserting in their stead the words “Except as otherwise provided by this Act, strict compliance”.
(
a ) by omitting sub-section (1.) and inserting in its stead the following sub-section:—“(1.) In this Part, unless the contrary intention appears—
‘cargo ship’ means a ship other than a passenger ship;
‘cargo ship safety construction certificate’ means a certificate issued under section two hundred and six e of this Act;
‘cargo ship safety equipment certificate’ means a certificate issued under section two hundred and six f of this Act;
‘cargo ship safety radiotelegraphy certificate’ means a cargo ship safety radiotelegraphy certificate issued under section two hundred and six g of this Act;
‘cargo ship safety radiotelephony certificate’ means a cargo ship safety radiotelephony certificate issued under section two hundred and six g of this Act;
‘cargo steamship’ means a steamship other than a passenger steamship;
‘certificate of equipment’ means a certificate of equipment issued under sub-section (4.) of section one hundred and ninety-four of this Act;
‘certificate of survey’ means a certificate of survey issued under sub-section (4.) of section one hundred and ninety-four of this Act;
‘classification certificate’ means a classification certificate of a prescribed standard issued by a survey authority;
‘country to which the Load Line Convention applies’ means a country or territory specified in a notice under sub-section (1.) of the next succeeding section;
‘country to which the Safety Convention applies’ means a country or territory specified in a notice under sub-section (2.) of the next succeeding section;
‘declaration of survey’ means a declaration made under this Act by a surveyor with respect to the survey of a ship;
‘exemption certificate’ means a certificate issued under sub-section (1.) of section two hundred and six h of this Act;
‘international voyage’ means—
(
a ) for the purposes of Division 5 of this Part, a voyage—(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country to which the Load Line Convention applies to a port outside that country; or
(iv) to a port in a country to which the Load Line Convention applies from a port outside that country; and
(
b ) for the purposes of the provisions of this Part other than Division 5, a voyage—(i) from a port in Australia to a port outside Australia;
(ii) to a port in Australia from a port outside Australia;
(iii) from a port in a country to which the Safety Convention applies to a port outside that country; or
(iv) to a port in a country to which the Safety Convention applies from a port outside that country;
‘nuclear cargo ship safety certificate’ means a certificate issued under section two hundred and six k of this Act;
‘nuclear passenger ship safety certificate’ means a certificate issued under section two hundred and six j of this Act;
‘passenger certificate’ means a passenger certificate issued under sub-section (4.) of section one hundred and ninety-four of this Act;
‘passenger ship’ means a ship carrying more than twelve passengers;
‘passenger ship safety certificate’ means a certificate issued under sub-section (1.) of section two hundred and six d of this Act;
‘passenger ship short voyage safety certificate’ means a certificate issued under sub-section (2.) of section two hundred and six d of this Act;
‘passenger steamship’ means a steamship carrying more than twelve passengers;
‘radio installation’ means a radiotelegraphy or radiotelephony installation, but does not include a radio navigational aid;
‘Safety Convention certificate’ means a certificate issued in respect of a steamship, not being a ship registered in Australia, by or with the authority of the government of a country to which the Safety Convention applies in accordance with the Safety Convention or a law of that country that gives effect to the Safety Convention;
‘Safety Convention ship’ means a ship that is of a kind to which the Safety Convention applies and is registered in a country to which the Safety Convention applies;
‘short international voyage’ means an international voyage—
(
a ) in the course of which a ship is not at any time more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety; and(
b ) which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination;‘subdivision load line’ means a load line indicating the depth to which a passenger steamship may be loaded having regard to the extent to which she is sub-divided and to the space for the time being allotted to passengers;
‘survey authority’ means a prescribed corporation or association for the survey and registry of shipping;
‘the Load Line Convention’ means the International Load Line Convention signed in London on the fifth day of July, One thousand nine hundred and thirty (a copy of which is set forth in Schedule VII. to this Act), as affected by any modification made under Article 20 of the Convention;
‘the Safety Convention’ means the International Convention for the Safety of Life at Sea, 1960 (a copy of the articles and regulations of which is set forth in Schedule VI. to this Act), as affected by any amendment, other than an amendment not accepted by Australia, made under Article IX. of the Convention;
‘valid Safety Convention certificate’ means a Safety Convention certificate which complies with such requirements as are prescribed.”; and
(
b ) by adding at the end thereof the following sub-section:—“(4.) Where an international voyage—
(
a ) is such that, in the course of the voyage, a ship is not at any time more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety; and(
b ) exceeds six hundred nautical miles, but does not exceed twelve hundred nautical miles, in length between the last port of call in the country in which the voyage begins and the final port of destination,the Minister may, by instrument in writing, direct that, subject to such conditions as are specified in the direction, the voyage shall, for the purposes of this Act, be treated as if it were a short international voyage in relation to any ship—
(
c ) that is, or is included in a class of ships that is, specified in the direction; and(
d ) in respect of which a passenger ship short voyage safety certificate is in force.”.
“187b.—(1.) The Minister may, by notice published in the
“(2.) The Minister may, by notice published in the
(
a ) by omitting from sub-section (3.) the words “under this Part” and inserting in their stead the words “under Division 2 or Division 2b of this Part”; and(
b ) by adding at the end thereof the following sub-section:—“(4.) Where a certificate issued in respect of a ship under Division 2 or Division 2b of this Part has expired or been cancelled, the Minister may require the owner or master of the ship to deliver up the certificate to the Minister or to such other person as the Minister directs, and the Minister may detain the ship until the requirement is complied with.”.
“190b.—(1.) The regulations may—
(
a ) specify requirements with which the construction, hull, equipment and machinery of ships shall comply; and(
b ) make provision for or in relation to the survey and inspection of ships.
“(2.) Without limiting the generality of the last preceding sub-section, the regulations that may be made by virtue of that sub-section include regulations for or in relation to—
(
a ) the assigning of subdivision load lines to, and the marking of subdivision load lines on, ships;(
b ) the furnishing of reports and declarations of survey, and the issuing of certificates, under this Part; and(
c ) the exempting of ships, other than nuclear ships, from any requirement of this Act that relates to the construction, hull, equipment or machinery of ships.
“191.—(1.) The regulations may make provision for or in relation to giving effect to the Safety Convention.
“(2.) Where a provision of the Convention applies only in relation to a particular class of ships or in relation to ships engaged on a particular class of voyages, any regulation that gives effect to that provision may be applied to ships of any other class or to ships engaged in any other class of voyages.”.
(
a ) by omitting from sub-section (1.) the words “Where under this Part the Governor-General is empowered to make such regulations as appear necessary” andinserting in their stead the words “Where, under this Act, the Governor-General is empowered to make regulations”;
(
b ) by omitting from sub-section (2.) the word “Part” and inserting in its stead the word “Act”;(
c ) by inserting in sub-section (2.), after the word “fitting,” (wherever occurring), the word “material,”; and(
d ) by omitting from sub-section (2.) the word “appliance” (last occurring) and inserting in its stead the words “appliance or apparatus”.
“192b. The regulations may make provision for or in relation to the carrying on a ship of information with respect to the stability of the ship and, without limiting the generality of the foregoing, regulations so made may specify the tests or other data on which such information is to be based.”.
“192c.—(1.) The regulations may make provision for ensuring that nuclear ships do not cause unreasonable radiation or other nuclear hazards to the crews or passengers of such ships, or to other persons, or to any waterways or food or water resources.
“(2.) Without limiting the generality of the last preceding sub-section, the regulations that may be made by virtue of that sub-section include regulations—
(
a ) making provision for or in relation to the preparation and the maintaining, in respect of a nuclear ship registered in Australia, of a Safety Assessment, that is to say, a document setting out prescribed information with respect to the ship and its power plant to enable an assessment to be made from time to time of the safety of the ship and of its power plant for the purpose of ensuring that there is no unreasonable radiation or other hazard to the crew or passengers of the ship or to other persons, or to waterways or food or water resources;(
b ) making provision for or in relation to the preparation and the maintaining, in respect of a nuclear ship registered in Australia, of an Operating Manual, that is to say, a document setting out prescribed information with respect to the operation of the power plant of the ship;(
c ) specifying requirements to be complied with in relation to a nuclear ship before it enters a port in Australia, including the giving of notice that the ship proposes to enter the port, the furnishing of prescribed information and the production of the Safety Assessment of the ship, or of a document that is issued by the government of another country in respect of the ship and corresponds with a Safety Assessment; and(
d ) requiring the giving of notice by the master of a nuclear ship of any accident causing, or likely to cause, the existence of a hazard on, or in the vicinity of, the ship.
“(3.) The owner or master of a nuclear ship shall not permit the ship to enter Australia unless a person authorized by the Minister for the purposes of this sub-section has informed the owner or master of the ship that he is satisfied as to the safety of the ship with respect to radiation and other nuclear hazards.
“(4.) A person who contravenes the last preceding sub-section or a provision of the regulations made by virtue of this section is guilty of an offence punishable upon conviction by a fine not exceeding Two thousand dollars.”.
“(3.) The regulations may make provision for exempting, in whole or in part, from sub-section (1.) of this section a steamship in respect of which there is in force a certificate under this Division or under Division 2b of this Part, a valid Safety Convention certificate or a classification certificate.”.
(
a ) by omitting from sub-section (1.) the word “authorized” (first occurring) and inserting in its stead the word “fit”;(
b ) by omitting from sub-section (1.) the words “authorized by” and inserting in their stead the words “specified in”;(
c ) by omitting from sub-section (2.) the word “authorized” and inserting in its stead the word “fit”; and(
d ) by omitting sub-section (4.) and inserting in its stead the following sub-section:—“(4.) In this section, ‘certificate’, in relation to a ship, means the certificate of survey or passenger certificate, if any, issued in respect of the ship or any certificate issued in respect of the ship by or on behalf of the government of another country that specifies the number of passengers that the ship is fit to carry.”.
(
a ) by omitting sub-sections (1.) and (2.);(
b ) by omitting from sub-section (3.) the words “under this Division” and inserting in their stead the words “under the regulations”; and(
c ) by inserting in paragraph (a ) of sub-section (5.), after the word “ship”, the words “, or of its equipment,”.
“206. The regulations may make provision for or in relation to the closing, and the periodical trial and operation, of watertight doors, side scuttles, valves and similar contrivances in ships.”.
“
“206c. In this Division—
‘nuclear cargo ship’ means a nuclear ship other than a nuclear passenger ship;
‘nuclear passenger ship’ means a nuclear ship carrying more than twelve passengers;
‘steamship’ does not include a nuclear ship.
“206d.—(1.) Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act that relate to the construction, equipment and machinery of
passenger steamships engaged on international voyages, other than short international voyages, or with such of those requirements as are requirements from which he does not propose to exempt the ship, he may issue in respect of the ship, in the prescribed form, a passenger ship safety certificate.
“(2.) Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act that relate to the construction, equipment and machinery of passenger steamships engaged on short international voyages, or with such of those requirements as are requirements from which he does not propose to exempt the ship, he may issue in respect of the ship, in the prescribed form, a passenger ship short voyage safety certificate.
“206e.—(1.) Where, on receipt of declarations of survey in respect of a steamship registered in Australia or a report on the survey of such a ship made by or on behalf of a survey authority, the Minister is satisfied that the ship complies with the requirements of this Act that relate to the construction, fixed equipment and machinery of cargo steamships engaged on international voyages or with such of those requirements as are requirements from which he does not propose to exempt the ship, he may issue in respect of the ship, in the prescribed form, a cargo ship safety construction certificate.
“(2.) Where, after the survey of a steamship carried out by or on behalf of a survey authority, the authority is satisfied that the ship complies with the requirements of this Act that relate to the construction, fixed equipment and machinery of cargo steamships engaged on international voyages or with such of those requirements as are requirements from which the Minister has not exempted the ship, the authority may issue in respect of the ship, in the prescribed form, a cargo ship safety construction certificate.
“(3.) In this section, ‘fixed equipment’ means—
(
a ) electrical installations and electrical equipment, other than radio installations and radio equipment; and(
b ) equipment for communicating between the bridge of a ship and the engine room.
“206f. Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act that relate to the equipment (other than radiotelegraphy or radiotelephony equipment or equipment that is fixed equipment for
the purposes of the last preceding section) of cargo steamships engaged on international voyages, or with such of those requirements as are requirements from which he does not propose to exempt the ship, he may issue in respect of the ship, in the prescribed form, a cargo ship safety equipment certificate.
“206g. Where, on receipt of declarations of survey in respect of a steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act that relate to the radiotelegraphy or radiotelephony equipment of cargo steamships engaged on international voyages, or with such of those requirements as are requirements from which he does not propose to exempt the ship, he may issue in respect of the ship, in the prescribed form, a cargo ship safety radiotelegraphy or a cargo ship safety radiotelephony certificate, as the case requires.
“206h.—(1.) Where, under the regulations, the Minister exempts a ship from a requirement of this Act that relates to the construction, hull, equipment or machinery of ships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, an exemption certificate specifying the requirement from which the ship is exempt and the conditions, if any, subject to which the ship is exempt.
“(2.) Where an exemption certificate specifies conditions subject to which the ship is exempt from a requirement specified in the certificate and the conditions are not complied with, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding Two hundred dollars.
“206j. Where, on receipt of declarations of survey in respect of a nuclear ship registered in Australia, the Minister is satisfied that the ship—
(
a ) complies with the requirements of this Act that relate to—(i) the construction, equipment and machinery of passenger steamships engaged on international voyages, other than such of those requirements as do not apply to nuclear passenger ships; and
(ii) the construction, equipment and machinery of nuclear passenger ships; and
(
b ) conforms to the Safety Assessment of the ship,
he may issue in respect of the ship, in the prescribed form, a nuclear passenger ship safety certificate.
“206k. Where, on receipt of declarations of survey in respect of a nuclear ship registered in Australia, the Minister is satisfied that the ship—
(
a ) complies with the requirements of this Act that relate to—(i) the construction, equipment and machinery of cargo steamships engaged on international voyages, other than such of those requirements as do not apply to nuclear cargo ships; and
(ii) the construction, equipment and machinery of nuclear cargo ships; and
(
b ) conforms to the Safety Assessment of the ship,
he may issue in respect of the ship, in the prescribed form, a nuclear cargo ship safety certificate.
“206l.—(1.) The Minister may request the government of a country to which the Safety Convention applies to issue, in respect of a ship registered in Australia, a certificate that—
(
a ) by virtue of the Safety Convention or a law of that country which gives effect to that Convention, the government of that country may issue in respect of a ship registered in that country; and(
b ) corresponds, or substantially corresponds, with a certificate which the Minister is empowered under this Division to issue in respect of that ship.
“(2.) A certificate issued in pursuance of such a request, and containing a statement that it has been so issued, has effect, for the purposes of this Act, as if it were a certificate of the kind to which it corresponds issued under this Division.
“206m.—(1.) The Minister may, at the request of the government of a country to which the Safety Convention applies, issue in respect of a ship registered in that country a certificate that, under this Division, he could issue in respect of that ship if it were registered in Australia.
“(2.) A certificate issued under this section—
(
a ) shall contain a statement to the effect that it has been issued at the request of the government of the country in which the ship is registered; and(
b ) has effect, for the purposes of this Act, as if it had been issued by the government which requested its issue.
“206n.—(1.) Subject to the next succeeding sub-section and to section one hundred and ninety a of this Act, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a cargo ship safety radiotelegraphy certificate, a cargo ship safety
radiotelephony certificate, a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate remains in force for such period as is specified in the certificate, being a period that does not expire later than one year after the date of issue of the certificate.
“(2.) Where, within a period of two months before the expiration of a cargo ship safety radiotelegraphy certificate or cargo ship safety radiotelephony certificate that is in force in respect of a cargo ship of three hundred or more tons, but less than five hundred tons, gross registered tonnage, a further cargo ship safety radiotelegraphy certificate or cargo ship safety radiotelephony certificate is, on receipt of a declaration of survey furnished within that period, issued in respect of the ship in place of the first-mentioned certificate, the period specified in the further certificate may be a period that expires one year after the date on which the first-mentioned certificate would have expired.
“(3.) Subject to section one hundred and ninety a of this Act, a cargo ship safety construction certificate remains in force for such period as is specified in the certificate, being a period that does not expire later than five years after the date of issue of the certificate.
“(4.) Subject to section one hundred and ninety a of this Act, a cargo ship safety equipment certificate remains in force for such period as is specified in the certificate, being a period that does not expire later than two years after the date of issue of the certificate.
“(5.) Subject to section one hundred and ninety a of this Act, an exemption certificate remains in force for such period as is specified in the certificate, being a period that does not expire later than the expiration of the period specified in the passenger ship safety certificate, the cargo ship safety construction certificate, the cargo ship safety equipment certificate, the cargo ship safety radiotelegraphy certificate or the cargo ship safety radiotelephony certificate, as the case may be, to which the exemption certificate relates.
“206p.—(1.) Where a ship, other than a nuclear ship, registered in Australia is not in an Australian port at the time when a certificate issued in respect of the ship under this Division expires or is about to expire, the Minister may, if it appears proper and reasonable for him so to do, extend the certificate, for a period not exceeding five months from the date of expiration of the certificate, for the purpose of allowing the ship to proceed to a port specified by the Minister to be surveyed.
“(2.) An extension of a certificate under the last preceding sub-section is of no further effect upon the arrival of the ship at the port so specified.
“(3.) The Minister may extend a certificate issued under this Division in respect of a ship, other than a nuclear ship, registered in Australia, being a certificate which has not been extended under sub-section (1.) of this section, for a period of grace not exceeding one month from the date of expiration of the certificate.
“206q. The master of a ship in respect of which a certificate has been issued under this Division shall, while the certificate remains in force, cause a copy of the certificate to be kept displayed in a prominent and accessible place in the ship, where it may be read by all persons on board.
“
“206r. In this Division, ‘steamship’ does not include a nuclear ship.
“206s.—(1.) The master or owner of a passenger steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless there is in force in respect of the ship—
(
a ) a passenger ship safety certificate or, if the voyage is a short international voyage, a passenger ship short voyage safety certificate; and(
b ) a passenger certificate,
and any exemption certificate in force in respect of the ship applies to the voyage.
“(2.) The master or owner of a passenger steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage other than an international voyage unless—
(
a ) there is in force in respect of the ship a certificate of survey appropriate to the voyage; or(
b ) the master of the ship would not, if the voyage were an international voyage, commit an offence against the last preceding sub-section if he took the ship to sea on the voyage.
Penalty: One thousand dollars.
“206t.—(1.) The master or owner of a cargo steamship registered in Australia, being a ship of five hundred or more tons gross registered tonnage, shall not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless—
(
a ) there is in force in respect of the ship a passenger ship safety certificate or, if the voyage is a short international voyage, a passenger ship short voyage safety certificate, and any exemption certificate in force in respect of the ship applies to the voyage; or(
b ) there is in force in respect of the ship—(i) a cargo ship safety construction certificate;
(ii) a cargo ship safety equipment certificate; and
(iii) a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate,
and any exemption certificate in force in respect of the ship applies to the voyage.
“(2.) The master or owner of a cargo steamship registered in Australia, being a ship of less than five hundred tons gross registered tonnage, shall not take the ship to sea, or permit the ship to be taken to sea, on an international voyage unless—
(
a ) there is in force in respect of the ship—(i) a certificate of survey appropriate to the voyage; or
(ii) a certificate of equipment appropriate to the voyage and a classification certificate; and
(
b ) if the ship is of three hundred or more tons gross registered tonnage—there is in force in respect of the ship a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate, and any exemption certificate in force in respect of the ship applies to the voyage.
“(3.) The master or owner of a cargo steamship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage other than an international voyage unless—
(
a ) there is in force in respect of the ship a certificate of survey appropriate to the voyage;(
b ) there is in force in respect of the ship a cargo ship safety construction certificate and a certificate of equipment appropriate to the voyage, and any exemption certificate in force in respect of the ship applies to the voyage;(
c ) if the ship is less than five hundred tons gross registered tonnage—there is in force in respect of the ship a certificate of equipment appropriate to the voyage and a classification certificate; or(
d ) the master of the ship would not, if the voyage were an international voyage, commit an offence against either of the last two preceding sub-sections if he took the ship to sea on that voyage.
Penalty: One thousand dollars.
“206u. The master or owner of a nuclear ship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, unless there is in force in respect of the ship—
(
a ) if the ship is a passenger ship—a nuclear passenger ship safety certificate; or(
b ) if the ship is a cargo ship—a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate.
Penalty: One thousand dollars.
“206v.—(1.) Subject to the next succeeding sub-section, the master or owner of a ship that is not registered in Australia and is not a Safety Convention ship shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage from a port in Australia unless there is in force in respect of the ship—
(
a ) if the ship is a passenger ship—a certificate of survey appropriate to the voyage; or(
b ) if the ship is a cargo ship—(i) a certificate of survey appropriate to the voyage; or
(ii) a certificate of equipment appropriate to the voyage and a classification certificate.
Penalty: One thousand dollars.
“(2.) Where—
(
a ) a ship is not registered in Australia and is not a Safety Convention ship; and(
b ) the Minister, after having regard to any certificate in force in respect of the ship, is satisfied that he can do so without danger to the ship or its passengers or crew,
he may, subject to such conditions, if any, as are specified in the exemption, exempt the master and owner of the ship from compliance with the last preceding sub-section in respect of a voyage specified in the exemption.
“206w.—(1.) Where—
(
a ) application is made to an officer of Customs in respect of a ship, other than a Safety Convention ship, for a clearance under the Customs Act for a voyage from a port in Australia; and(
b ) the master of the ship would contravene section two hundred and six s, two hundred and six t, two hundred and six u or two hundred and six v of this Act if he took the ship to sea on that voyage from that port without there being in force in respect of the ship a certificate or certificates as required by that section,
the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the certificate or certificates so required and any exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to him.
“(2.) Where application is made to an officer of Customs in respect of a Safety Convention ship for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs such valid Safety Convention certificate or valid Safety Convention certificates in respect of the ship as corresponds, or respectively correspond, with such certificate or certificates issued under Division 2b of this Part as the master could be required to produce under the last preceding sub-section if—
(
a ) the ship were registered in Australia;(
b ) the ship were proceeding on that voyage; and(
c ) in a case where the voyage is not an international voyage, the voyage were such a voyage,
and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the Safety Convention certificate is, or the Safety Convention certificates are, produced to him.
“206x. Where there is annexed to a valid Safety Convention certificate issued in respect of a ship a memorandum that—
(
a ) has been issued by or under the authority of the government of the country in which the ship is registered; and(
b ) modifies, for the purpose of a particular voyage, by reason of the number of persons carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances,
the certificate has effect for the purpose of that voyage as if it were modified in accordance with the memorandum.”.
(
a ) by omitting the words “A ship” and inserting in their stead the words “(1.) Subject to the next succeeding sub-section, a ship”;(
b ) by omitting the proviso; and(
c ) by adding at the end thereof the following sub-section:—“(2.) Where—
(
a ) it is proposed to take a Safety Convention ship to sea on a voyage from a port in Australia; and(
b ) there is in force in respect of the ship the certificate or certificates that may be required to be produced under sub-section (2.) of section two hundred and six w of this Act in respect of the voyage, the ship shall, for the purposes of this Act, be deemed to be seaworthy in relation to thatvoyage with respect to the condition of the ship and its equipment unless the condition of the ship or of its equipment does not correspond substantially with the particulars of that certificate or of any of those certificates.”.
“215.—(1.) The regulations may make provision for or in relation to—
(
a ) the saving of life at sea; and(
b ) the prevention, detection and extinction of fire on ships.
“(2.) Without limiting the generality of the last preceding sub-section, the regulations which may be made by virtue of that sub-section include regulations for or in relation to—
(
a ) the appliances to be carried, and the measures to be observed, on ships for the saving of life at sea and the prevention, detection and extinction of fire on ships; and
(
b ) the exemption of ships from any requirement of this Act that relates to the saving of life at sea or the prevention, detection or extinction of fire on ships.”.
(
a ) by omitting from sub-section (2.) the words “a person thereto authorized in writing by him” and inserting in their stead the words “a survey authority”;(
b ) by omitting from sub-section (3.) the words “an authorized person” and inserting in their stead the words “a survey authority”; and(
c ) by omitting from sub-section (5.) the words “Load Line Convention ship” and inserting in their stead the word “ship”.
(
a ) by omitting from sub-section (1.) the words “by or under the authority of the Minister” and inserting in their stead the words “under this Act”;(
b ) by omitting from sub-section (2.) the words “any person authorized by the Minister to issue a load line certificate” and inserting in their stead the words. “a survey authority”;(
c ) by omitting from sub-section (2.) the words “as the Minister or person thereto authorized by him thinks fit” and inserting in their stead the words “as is specified in the renewal”; and(
d ) by inserting after sub-section (4.) the following sub-section :—“(4a.) Where the Minister cancels a load line certificate issued under this Act, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation to the owner, agent or master of the ship.”.
(
a ) by adding at the end of paragraph (f ) of sub-section (2.) the word “and”;(
b ) by omitting from paragraph (g ) the word “and”; and(
c ) by omitting paragraph (h ).
“257.—(1.) The regulations may make provision for or in relation to the stowing or carriage in ships of cargo.
“(2.) Without limiting the generality of the last preceding sub-section, the regulations which may be made by virtue of that sub-section include regulations for or in relation to the giving of notices with respect to the loading, or proposed loading, of” cargo into ships.
“(3.) A person who is guilty of an offence against the regulations made by virtue of this section is punishable upon conviction by a fine not exceeding Two thousand dollars.
“(4.) In this section, ‘cargo’ includes ballast.”.
(
a ) by omitting from sub-section (1.) the words “dangerous ice or dangerous derelict or any other imminent and”;(
b ) by omitting from paragraph (a ) of sub-section (1.) the words “the required information” and inserting in their stead the words “such information as is required by the regulations”; and(
c ) by omitting sub-section (6.) and inserting in its stead the following sub-section:—“(6.) The reference in sub-section (1.) of this section to a serious danger to navigation shall be read as including a reference to—
(
a ) dangerous ice;(
b ) a dangerous derelict;(
c ) a tropical storm;(
d ) sub-freezing air temperature associated with gale force winds causing severe ice accretion on superstructures; and(
e ) winds of force 10 on the Beaufort scale for which no storm warning has been received.”.
(
a ) by omitting from sub-section (1.) the words “a Justice of the High Court or a Judge of” and inserting in their stead the words “the High Court or”;(
b ) by omitting from sub-section (1.) the words “to him”;(
c ) by omitting from paragraph (ii) of sub-section (1.) the words “Judge or”; and(
d ) by omitting from sub-section (3.) the words “Judge or”.
“(2.) The last preceding sub-section does not apply in relation to fees that, under the regulations, are payable otherwise than to the Commonwealth.”.
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(2.) Where, at any time before the proclaimed date, there is in force in respect of a ship not registered in Australia a valid 1948 Safety Convention Certificate that corresponds with a certificate of a kind specified in column 1 of the table set out in the last preceding sub-section, that certificate has effect at that time, for
the purposes of the Principal Act as amended by this Act, as if it corresponded with a certificate of a kind specified in column 2 of that table opposite to that first-mentioned kind of certificate, and—
(
a ) the Principal Act as so amended applies in relation to it at that time as if it were a certificate of such a kind; and(
b ) the certificate shall, for the purposes of the Principal Act as so amended, be deemed to be a valid Safety Convention certificate.
(3.) Where, immediately before the commencement of this Act, a country or territory fell within the definition of a “country to which the Safety Convention applies” in sub-section (1.) of section 187a of the Principal Act, that country or territory shall, until the proclaimed date or until it is specified in a notice under sub-section (2.) of section 187b of the Principal Act as amended by this Act, whichever first occurs, be deemed to be a country or territory that falls within the definition of “country to which the Safety Convention applies” in sub-section (1.) of section 187a of the Principal Act as amended by this Act.
(4.) Where, immediately before the commencement of this Act, a classification certificate was in force in respect of a ship, then, until that certificate ceases to be in force or the expiration of a period of two years after the commencement of this Act, whichever first occurs—
(
a ) the reference in sub-paragraph (i) of paragraph (b ) of sub-section (1.) of section 206t of the Principal Act as amended by this Act to a cargo ship safety construction certificate shall, in relation to the ship, be read as including a reference to the classification certificate; and(
b ) if the ship is of not less than five hundred tons gross registered tonnage—paragraph (c ) of sub-section (3.) of that section applies in relation to the ship as if that paragraph were not limited to a ship of less than five hundred tons gross registered tonnage.
(5.) In this section—
“proclaimed date” means such date as is fixed for the purposes of this section by the Governor-General by proclamation;
“valid 1948 Safety Convention Certificate” means a certificate issued before the commencement of this Act that was a valid Safety Convention certificate for the purposes of the Principal Act or a certificate issued after the commencement of this Act that, if it had been issued before the commencement of this Act, would have been a valid Safety Convention certificate for the purposes of the Principal Act.
THE SCHEDULE Section 44.
Section 187a(1.).
ARTICLES AND REGULATIONS OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1960.
Article I
(
(
Article II
The ships to which the present Convention applies are ships registered in countries the Governments of which are Contracting Governments, and ships registered in territories to which the present Convention is extended under Article XIII.
Article III
The Contracting Governments undertake to communicate to and deposit with the Inter-Governmental Maritime Consultative Organization (hereinafter called the Organization):
(
a ) a list of non-governmental agencies which are authorized to act in their behalf in the administration of measures for safety of life at sea for circulation to the Contracting Governments for the information of their officers;(
b ) the text of laws, decrees, orders and regulations which shall have been promulgated on the various matters within the scope of the present Convention;(
c ) a sufficient number of specimens of their Certificates issued under the provisions of the present Convention for circulation to the Contracting Governments for the information of their officers.
Article IV
(
(
Article V
(
(
The Schedule—
(
Article VI
(
(
(
(
Article VII
(
(
(i) ships to which the present Convention does not apply;
(ii) ships to which the present Convention applies, in respect of matters for which it has not expressly provided.
(
(
Article VIII
When in accordance with the present Convention special rules are drawn up by agreement between all or some of the Contracting Governments, such rules shall be communicated to the Organization for circulation to all Contracting Governments.
Article IX
(
(ii) Upon the request of any Contracting Government a proposed amendment shall be communicated by the Organization to all Contracting Governments for consideration and acceptance under this paragraph.
(
(ii) Any such recommendation by the Maritime Safety Committee shall be communicated by the Organization to all Contracting Governments for their consideration at least six months before it is considered by the Assembly.
The Schedule—
(
(ii) Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their acceptance.
(
(
(
(
(
Article X
(
(i) signature without reservation as to acceptance;
(ii) signature subject to acceptance followed by acceptance; or
(iii) acceptance.
(
Article XI
(
(
The undersigned declares that he is duly authorised by the said Government to issue this certificate.
(
Note.—It will be sufficient to indicate the year in which the keel was laid except for 1952 and the year of the coming into force of the International Convention for the Safety of Life at Sea, 1960, in which cases the actual date should be given.
The Schedule—
CARGO SHIP SAFETY RADIOTELEGRAPHY CERTIFICATE
(
Issued under the provisions of the
International Convention for the Safety of Life at Sea, 1960
Name of Ship | Distinctive Number or Letters | Port of Registry | Gross Tonnage | Date on which keel was laid (see Note below) |
I. That the above-mentioned ship complies with the provisions of the Regulations annexed to the Convention referred to above as regards Radiotelegraphy:—
Requirements of Regulations | Actual provision | |
Hours of listening by operator....................................... | .. | .. |
Number of operators..................................................... | .. | .. |
Whether auto alarm fitted............................................. | .. | .. |
Whether main installation fitted.................................... | .. | .. |
Whether reserve installation fitted................................. | .. | .. |
| .. | .. |
Whether direction-finder fitted...................................... | .. | .. |
II. That the functioning of the radiotelegraphy installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complies with the provisions of the said Regulations.
This certificate is issued under the authority of the Government. It will remain in force until
Issued at the day of 19 .
(
The undersigned declares that he is duly authorised by the said Government to issue this certificate.
(
Note.—It will be sufficient to indicate the year in which the keel was laid except for 1952 and the year of the coming into force of the International Convention for the Safety of Life at Sea, 1960, in which cases the actual date should be given.
The Schedule—
EXEMPTION CERTIFICATE
(
Issued under the provisions of the
International Convention for the Safety of Life at Sea, 1960
Name of Ship | Distinctive Number or Letters | Port of Registry | Gross Tonnage |
That the above-mentioned ship is, under the authority conferred by Regulation .................. of Chapter of the Regulations annexed to the Convention referred to above, exempted from the requirements of of the Convention on the voyages...... to.
* Insert here the conditions if any on which the exemption certificate is granted. | * |
This certificate is issued under the authority of the
Government. It will remain in force until
Issued at the day of 19 .
(
The undersigned declares that he is duly authorised by the said Government to issue this certificate.
(
Insert here references to Chapters and Regulations, specifying particular paragraphs.
The Schedule—
NUCLEAR PASSENGER SHIP SAFETY CERTIFICATE
(
Issued under the provisions of the
International Convention for the Safety of Life at Sea, 1960
Name of Ship | Distinctive Number or Letters | Port of Registry | Gross Tonnage | Particulars of voyages, if any, sanctioned under Regulation 27( | Date on which keel was laid (see Note below) |
I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.
II. That the ship, being a nuclear ship, complied with all requirements of Chapter VIII of the Convention and conformed to the Safety Assessment approved for the ship.
III. That the survey showed that the ship complied with the requirements of the Regulations annexed to the said Convention as regards:—
(1) the structure, main and auxiliary boilers and other pressure vessels and machinery;
(2) the watertight subdivision arrangements and details;
(3) the following subdivision loadlines:—
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IV. That the life-saving appliances provided for a total number of......................... persons and no more, viz.:—
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The Schedule—
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V. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations.
VI. That the ship was provided with a line-throwing appliance and portable radio apparatus for survival craft, in accordance with the provisions of the Regulations.
VII. That the ship complied with the requirements of the Regulations as regards radiotelegraph installations, viz.:—
Requirements of Regulations | Actual provision | |
| .. | .. |
| .. | .. |
| .. | .. |
| .. | .. |
| .. | .. |
| .. | .. |
| .. | .. |
| .. | .. |
VIII. That the functioning of the radiotelegraph installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complied with the provisions of the Regulations.
IX. That the ship complied with the requirements of the Regulations as regards fire-detecting and fire-extinguishing appliances and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals, in accordance with the provisions of the Regulations and also the International Collision Regulations.
X. That in all other respects the ship complied with the requirements of the Regulations, so far as these requirements apply thereto.
This certificate is issued under the authority of the
Government. It will remain in force until
Issued at the day of 19 .
(
The undersigned declares that he is duly authorised by the said Government to issue this certificate.
(
Note.—It will be sufficient to indicate the year in which the keel was laid except for the year of the coming into force of the International Convention for the Safety of Life at Sea, 1960, in which cases the actual date should be given.
In the case of a ship which is converted as provided in Regulation 1 (
The Schedule—
NUCLEAR CARGO SHIP SAFETY CERTIFICATE
(
Issued under the provisions of the
International Convention for the Safety of Life at Sea, 1960
Name of Ship | Distinctive Number or Letters | Port of Registry | Gross Tonnage | Date on which keel was laid (see Note below) |
I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.
II. That the ship, being a nuclear ship, complied with all requirements of Chapter VIII of the Convention and conformed to the Safety Assessment approved for the ship.
III. That the survey showed that the ship satisfied the requirements set out in Regulation 10 of Chapter 1 of the Convention as to hull, machinery and equipment, and complied with the relevant requirements of Chapter 11.
IV. That the life-saving appliances provide for a total number of..................... persons and no more, viz.:—
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V. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations annexed to the Convention.
VI. That the ship was provided with a line-throwing apparatus and portable radio apparatus for survival craft in accordance with the provisions of the Regulations.
The Schedule—
VII. That the ship complied with the requirements of the Regulations as regards radiotelegraph installations, viz.:—
Requirements of Regulations | Actual provision | |
Hours of listening by operator....................................... | .. | .. |
Number of operators.................................................... | .. | .. |
Whether auto alarm fitted............................................. | .. | .. |
Whether main installation fitted.................................... | .. | .. |
Whether reserve installation fitted................................. | .. | .. |
| .. | .. |
Whether direction-finder fitted...................................... | .. | .. |
VIII. That the functioning of the radiotelegraph installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complied with the provisions of the Regulations.
IX. That the inspection showed that the ship complied with the requirements of the said Convention as regards fire-extinguishing appliances and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals in accordance with the provisions of the Regulations and the International Collision Regulations.
X. That in all other respects the ship complied with the requirements of the Regulations so far as these requirements apply thereto.
This certificate is issued under the authority of the Government. It will remain in force until
Issued at the day of 19 .
(
The undersigned declares that he is duly authorised by the said Government to issue this certificate.
(
Note.—It will be sufficient to indicate the year in which the keel was laid except for the year of coming into force of the International Convention for the Safety of Life at Sea, 1960, in which cases the actual date should be given.”.
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