Navigation (Coasting Trade) Regulations 1937 (Cth)

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Navigation (Coasting Trade) Regulations 1937

Statutory Rules 1937 No. 104 as amended

made under the

Navigation Act 1912

This compilation was prepared on 22 February 2002

taking into account amendments up to SR 2002 No. 13

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Part IPreliminary

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Part IIICoasting trade

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Part IPreliminary

1Name of Regulations[see Note 1]

These Regulations are the Navigation (Coasting Trade) Regulations 1937.

3Repeal

The Navigation (Manning and Accommodation) Regulations (being Statutory Rules 1926, No. 152, as amended by Statutory Rules 1927, No. 55; 1928, No. 54; 1930, No. 95; 1933, Nos. 32 and 55; 1934, No. 31; and 1935, Nos. 20, 61 and 112) are hereby repealed.

4Interpretation

(1)
In these regulations, unless the contrary intention appears:
authorized officer means a person holding, or for the time being performing the duties of, an office in the Department of Workplace Relations and Small Business that is specified for the purposes of this definition by the Minister by instrument in writing.
engage in conduct means:
(a)
do an act; or
(b)
omit to perform an act.
the Act means the Navigation Act 1912.
the Secretary means the person for the time being performing the duties of the office of the Secretary to the Department of Workplace Relations and Small Business.
(2)
In these regulations, any reference to a Schedule shall, unless the contrary intention appears, be read as a reference to a Schedule to these regulations.

5Forms

(1)
In these regulations, any reference to a Form shall be read as a reference to a Form contained in the First Schedule.
(2)
Strict compliance with the Forms contained in the First Schedule shall not be required and substantial compliance therewith shall be sufficient.
(3)
Where any Form contained in the First Schedule contains an indication or direction (by way of note or otherwise) as to:
(a)
the number of copies of the Form to be furnished;
(b)
the nature or form of any information to be furnished; or
(c)
any act (whether by way of making a declaration or otherwise) to be done by the person furnishing the Form;
the person furnishing the Form shall comply with that indication or direction.

Part IIICoasting trade

25Permits to unlicensed ships to engage in coasting trade

(1)
The owner, charterer, master or agent of a ship that is not licensed to engage in the coasting trade may:
(a)
make an application for the grant of a permit under section 286 of the Act for the ship to engage in the coasting trade;
(b)
at any time before the grant of such a permit, make an application for the amendment of the application referred to in paragraph (a) in relation to that permit; or
(c)
make an application for the amendment of a permit granted in respect of the ship under section 286 of the Act.
(2)
An application referred to in subregulation (1):
(a)
shall be in accordance with Form 1 or 2, as the case requires; and
(c)
shall be delivered:
(i)
where the application is in respect of a permit for a single voyage — to an authorized officer; or
(ii)
where the application is in respect of a continuing permit — to the Secretary, Department of Workplace Relations and Small Business, Canberra.
(3)
A permit for a single voyage shall be in accordance with Form 3 and a continuing permit shall be in accordance with Form 4.
(4)A person who makes an application under subregulation (1) must pay the fee prescribed for the application.
(4A) The fee for an application may be paid:
(a)
before the application is lodged; or
(b)
at the time the application is lodged; or
(c)
after the application is lodged.
(4B)An amount that a person is liable to pay under subregulation (4) is recoverable as a debt due to the Commonwealth.
(5)
For the purposes of subregulation (4), each of the following fees is prescribed:
(a)
in respect of an application referred to in paragraph (1) (a) in relation to a permit for a single voyage, being a permit in respect of the carriage of passengers — $22;
(b)
in respect of an application referred to in paragraph (1) (a), (b) or (c) in relation to a permit for a single voyage, being a permit in respect of the carriage of cargo:
(i)
if subparagraph (ii) does not apply — $200; or
(ii)
if the issue of the permit or the amended permit (as the case may be) is required before the expiration of the work day next following the day on which the application is made — $400;
(c)
in respect of an application referred to in paragraph (1) (a) in relation to a continuing permit — $400.
(6)
In subparagraph (5) (b) (ii), work day, in relation to an application under subregulation (1), means a day on which the office of the authorized officer to whom the application is delivered is open for public business.

26Applications for exemption under section 422A of the Act

(1)
An application by the owner, charterer, master or agent of an unlicensed ship for any certificate of an authorized officer, required by any Order made under section 422A of the Act as necessary to entitle a ship to exemption from requirements of the Act specified in the Order shall be made, in writing, by the owner, charterer, master or agent of the ship in respect of which the certificate is desired and shall be addressed to the authorized officer.
(2)
The fee for the issue of a certificate of an authorized officer under this regulation shall be $20.

27Refund of fee

(1)
The Minister may, in cases where, in his opinion, special circumstances warrant a remission or refund, authorize the remission or refund of the fee, or part thereof, payable in respect of a permit under regulation 25 of these regulations or in respect of a certificate of an authorized officer under regulation 26 of these regulations.

28Applications for licences to engage in the coasting trade

The master, owner, charterer, or agent of a ship may make application in accordance with Form 5 to an authorized officer for a licence for that ship to engage in the coasting trade.

29Applications for renewal of licences

In the case of a ship in respect of which a licence to engage in the coasting trade has been issued, the master, owner, charterer, or agent of that ship may make application in accordance with Form 6 to an authorized officer for a renewal of the licence upon the expiration of the period for which it was issued.

30Licence fees

The fee for an application under regulation 28 or 29 is $22.

31Licences and renewals

(1)
Upon receipt of an application in accordance with Form 5 or 6, accompanied by the prescribed fee, the Minister shall issue a licence or grant a renewal of a licence, as the case requires, permitting the ship in respect of which application is made to engage in the coasting trade.
(2)
Licences shall be in accordance with Form 7 and shall be issued in respect of the period ending on the 30th June next following the date of issue.
(3)
Renewals of licences may be granted from time to time for a period not exceeding one year.

32Licences, how dealt with

(1)
A licence to engage in the coasting trade shall be issued in duplicate. One copy, marked “Ship’s Copy”, shall be posted in some conspicuous place on the ship accessible to all persons on board, and the master shall use all reasonable precautions to keep it so posted during the time the ship is engaged in the coasting trade. The second copy, marked “Master’s Copy”, shall be kept in the custody of the master, and shall be produced by him to the Collector at each port in Australia where the ship is entered inwards at the Customs, and also, in the case of a ship clearing for a place beyond Australia, at the port where she is entered outwards.
Penalty: 1 penalty unit.
(2)
A person must not engage in conduct that results in the defacement or destruction of a current ‘Ship’s Copy’ of a licence.
Penalty: 1 penalty unit.

35Evidence of payment of Australian rate of wages

(1)
Before a ship, licensed to engage in the coasting trade, is granted a clearance for any port beyond Australia, the master shall produce to an authorized officer a statement in Form 8, showing the period for which the ship has been engaged in the coasting trade, together with an acknowledgement, in accordance with Form 9, by the officers and crew of the ship, that the wages at the current rates ruling in Australia, due to them for the period the ship has been so engaged, have been paid to them in full, as required by the Act.
(2)
Nothing in subregulation (1) applies to or in relation to:
(a)
a ship registered in Australia; or
(b)
a ship that is operated by:
(i)
a person who is a resident of, or has his principal place of business in, Australia;
(ii)
a firm that has its principal place of business in Australia; or
(iii)
a company that is incorporated, or has its principal place of business, in Australia.

The First Schedule

Form 1Application for single voyage permit for carriage of passengers
(regulation 25 )

Commonwealth of Australia

Navigation Act 1912

APPLICATION FOR SINGLE VOYAGE PERMIT FOR CARRIAGE OF PASSENGERS

To the Authorized Officer:

Name of Ship:	Port of Registry:	Official No:
Owner:	Agent:

Application and prescribed fee are hereby submitted for a single voyage permit to carry passengers from the port of

sailing on

for which firm bookings are available:

Ports

Number of Passengers

Dated

(Signature of

Owner or Agent)

Form 2Application for single voyage permit for carriage of cargo
(regulation 25)

Commonwealth of Australia

Navigation Act 1912

APPLICATION FOR SINGLE VOYAGE PERMIT FOR CARRIAGE OF CARGO

To the Authorized Officer:

Name of Ship:	Port of Registry:		Official No:
Owner:		Agent:

Application and prescribed fee are hereby submitted for a single voyage permit for the following coastal voyage:

Port Cargo

__________________________ _____________________________

Loading	Discharge	Description	Tonnage
Loading Date:		Sailing Date:
Dated
(Signature of Owner or Agent)

Form 3Permit to unlicensed ship — single voyage

(regulation 25)

(Front of Form)

Commonwealth of Australia

No:

Navigation Act 1912

PERMIT TO UNLICENSED SHIP — SINGLE VOYAGE

Name of Ship	Port of Registry	Official Number
Pursuant to the provisions of Section 286 of the Navigation Act, and in exercise of the power delegated to me by the Minister for Workplace Relations and Small Business under Section 9 of that Act, I hereby grant, subject to the conditions set out on the back hereof, permission for the above-named ship to carry, on the voyage between and, commencing on or about, passengers and cargo as specified hereunder.
DETAILS OF PASSENGERS AND CARGO
Dated at this day of 19 .
(Official stamp)
Delegate of the Minister for Workplace Relations and Small Business
(Back of Form)
CONDITIONS SUBJECT TO WHICH THIS PERMIT IS ISSUED

Form 4Permit to unlicensed ship — continuing

(regulation 25)

(Front of Form)

Commonwealth of Australia

No:

Navigation Act 1912

PERMIT TO UNLICENSED SHIP — CONTINUING

Name of Ship	Port of Registry	Official Number
Pursuant to the provisions of Section 286 of the Navigation Act, I hereby grant, subject to the conditions set out on the back hereof, permission for the above-named ship to carry passengers and cargo between the ports, or any of them, specified hereunder.
This Permit remains in force until cancelled by me upon not less than six months’ notice to the master, owner, or agent of the ship of the intended cancellation.
NAMES OF PORTS FOR WHICH PERMIT ISSUED
Dated at this day of 19 .
Delegate of the Minister for Workplace Relations and Small Business
(Back of Form)
CONDITIONS SUBJECT TO WHICH THIS PERMIT IS ISSUED

Form 5Application for a licence for a ship to engage in the coasting trade

(regulation 28)

Commonwealth of Australia

Navigation Act 1912

APPLICATION FOR A LICENCE FOR A SHIP TO ENGAGE IN THE COASTING TRADE

Name of Ship	Port of Registry or Home Port	Official Number
In consideration of a licence being granted I undertake that during such time as the above-named ship is engaged in the coasting trade all requirements of the Navigation Act and the Regulations thereunder will be complied with, and that, in particular, the officers and crew employed on the ship shall be paid wages in accordance with Part VI of the said Act.
I, (full name of applicant) of (address) the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the (name of ship), declare that I am authorized to apply and I do hereby make application as above. I further declare that to the best of my knowledge and belief the particulars given herein are in every respect true and correct.
(Signature)
Signed and declared before me at this day of , 19 .
Authorized Officer

Form 6Application for renewal of a licence to engage in the coasting trade

(regulation 29)

Commonwealth of Australia

Navigation Act 1912

APPLICATION FOR RENEWAL OF A LICENCE TO ENGAGE IN THE COASTING TRADE

Name of Ship	Port of Registry or Home Port	Official Number
I, (full name of applicant) of (address) the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the (name of ship) declare that I am authorized to apply and do hereby make application that the Licence to Engage in the Coasting Trade, No. issued in respect of the above-named ship at the port of on 19 (the “Master’s Copy” of which is attached hereto), be renewed for a further period of twelve months.
(Signature) Signed and declared before me at this day of , 19 .
Authorized Officer

Form 7Licence to engage in the coasting trade

(regulation 31)

Commonwealth of Australia

Navigation Act 1912

LICENCE TO ENGAGE IN THE COASTING TRADE

Name of Ship	Port of Registry or Home Port	Official Number
Pursuant to the provisions of Part VI of the Navigation Act, the above‑named ship is hereby licensed for the period commencing on the date of this licence and ending on 30 June 19 , to engage in the coasting trade, subject to compliance by its master, owner and agent, in respect of the vessel, with the provisions of the said Act and Regulations thereunder and in particular that the officers and crew employed on the ship shall, for the period during which it is engaged in the coasting trade, be paid wages at the current rates ruling in Australia.
Dated at this day of 19 .
(Official stamp)
Delegate of the Minister for Workplace Relations and Small Business

Form 8Statement of period of engagement in the coasting trade
(regulation 35)

Commonwealth of Australia

Navigation Act 1912

STATEMENT OF PERIOD OF ENGAGEMENT IN THE COASTING TRADE

(For ships clearing to places beyond Australia)

Name of Ship	Port of Registry		Name of Master
I, (full name) the Master of the above-mentioned vessel, in respect of which a licence, No. , to engage in the coasting trade was issued at the port of on , and which is now about to proceed to a port beyond Australia, do hereby declare that the period of engagement of the ships in the coasting trade, during the present voyage has been as follows:
Period
Date of Commencement		Date of Termination		Months	Days
I declare that for such period the officers and seamen employed on the ships have been paid wages at the current rates ruling in Australia, and produce herewith an acknowledgment by the officers and seamen at present employed of the receipt in full of the amounts of such wages.
(Signature)
Signed and declared before me at this day of , 19 .
Authorized officer

Form 9Acknowledgment of receipt of wages at Australian rates
(regulation 35)

Commonwealth of Australia

Navigation Act 1912

ACKNOWLEDGMENT OF RECEIPT OF WAGES AT AUSTRALIAN RATES

(For ships clearing to places beyond Australia)

Name of Ship	Port of Registry	Name of Master
Date of Commencement		Date of Termination	Period
Months	Days

We, the undersigned officers and crew of the above-named vessel, hereby acknowledge that we have received our wages in full, at the rates specified against our respective names (being the current rates of wages in Australia for our respective ratings) for the total period of the engagement of such vessel in the coasting trade, as set out above.

Signature	Rating	Wages per Month	Signature	Rating	Wages per Month
$ c	$ c

Countersigned

Master

Date 19 .

Notes to the Navigation (Coasting Trade) Regulations 1937

Note 1

The Navigation (Coasting Trade) Regulations 1937 (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1937 No. 104 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1937 No. 104	11 Nov 1937	11 Nov 1937
1938 No. 78	4 Aug 1938	4 Aug 1938	—
1940 No. 97	6 June 1940	6 June 1940	—
1941 No. 5	16 Jan 1941	16 Jan 1941	—
1941 No 23	6 Feb 1941	6 Feb 1941	—
1942 No. 209	7 May 1942	7 May 1942	—
1942 No. 520	3 Dec 1942	3 Dec 1942	—
1944 No. 133	7 Sept 1944	7 Sept 1944	—
1945 No. 39	22 Mar 1945	22 Mar 1945	—
1947 No. 30	3 Mar 1947	3 Mar 1947	—
1948 No. 112	2 Sept 1948	2 Sept 1948	—
1950 No. 90	23 Nov 1950	23 Nov 1950	—
1953 No. 80	31 Aug 1953	31 Aug 1953	R. 3
1954 No. 39	21 Apr 1954	21 Apr 1954	—
1963 No. 97	24 Oct 1963	24 Oct 1963	R. 3
1971 No. 63	20 May 1971	20 May 1971	R. 15
1974 No. 83	21 May 1974	21 May 1974	—
1975 No. 114	17 June 1975	17 June 1975	—
1978 No. 133	13 July 1978	13 July 1978	R. 10
1979 No. 202	27 Sept 1979	1 Oct 1979	—
1981 No. 368	23 Dec 1981	31 Dec 1981	—
1985 No. 254	30 Sept 1985	1 Oct 1985	—
1986 No. 270	30 Sept 1986	1 Oct 1986	—
1987 No. 229	14 Oct 1987	19 Oct 1987	—
1988 No. 239	30 Sept 1988	1 Oct 1988	—
1989 No. 381	21 Dec 1989	1 Jan 1990	—
1990 No. 314	12 Oct 1990	15 Oct 1990	—
1991 No. 411	12 Dec 1991	12 Dec 1991	—
1997 No. 420	24 Dec 1997	24 Dec 1997	—
2002 No. 13	21 Feb 2002	21 Feb 2002	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	am. 1954 No. 39; 1981 No. 368
rs. 2002 No. 13
R. 2..........................................	am. 1954 No. 39
rs. 1971 No. 63
rep. 1978 No. 133
R. 4..........................................	am. 1963 No. 97; 1971 No. 63; 1974 No. 83; 1975 No. 114; 1978 No. 133; 1981 No. 368; 1997 No. 420; 2002 No. 13
Part II ..................................... (rr. 6, 8-10, 13, 17-19)	rep. 1981 No. 368
R. 6..........................................	am. 1963 No. 97
rep. 1981 No. 368
R. 7..........................................	rep. 1971 No. 63
R. 8..........................................	am. 1963 No. 97
rep. 1981 No. 368
R. 9..........................................	am. 1963 No. 97
rs. 1971 No. 63
rep. 1981 No. 368
R. 10........................................	am. 1963 No. 97; 1971 No. 63
rep. 1981 No. 368
Rr. 11, 12................................	rep. 1971 No. 63
R. 13........................................	am. 1940 No. 97; 1971 No. 63
rep. 1981 No. 368
Rr. 14-16.................................	rep. 1971 No. 63
R. 16A.....................................	ad. 1945 No. 39
rep. 1971 No. 63
R. 16B.....................................	ad. 1953 No. 80
rep. 1971 No. 63
R. 17........................................	am. 1963 No. 97
rs. 1971 No. 63
rep. 1981 No. 368
Rr. 18, 19................................	rep. 1954 No. 39
ad. 1971 No. 63
rep. 1981 No. 368
Part III .................................... (rr. 20-24)	rep. 1954 No. 39
Rr. 20-24.................................	rep. 1954 No. 39
Heading to Part IV.................	rep. 1971 No. 63
Heading to Part III.................	ad. 1971 No. 63
R. 25........................................	am. 1963 No. 97; 1971 No. 63; 1974 No. 83; 1978 No. 133
rs. 1979 No. 202
am. 1981 No. 368; 1985 No. 254; 1986 No. 270; 1987 No. 229; 1988 No. 239; 1989 No. 381; 1990 No. 314; 1991 No. 411; 1997 No. 420

R. 26........................................	am. 1963 No. 97; 1971 No. 63; 1978 No. 133; 1979 No. 202; 1985 No. 254; 1986 No. 270; 1987 No. 229; 1988 No. 239; 1989 No.381
R. 27........................................	am. 1963 No. 97; 1978 No. 133; 1979 No. 202
Rr. 28, 29................................	am. 1963 No. 97; 1978 No. 133; 1981 No. 368
R. 30........................................	rs. 1971 No. 63; 1979 No. 202; 1981 No. 368
am. 1985 No. 254; 1986 No. 270; 1987 No. 229; 1988 No. 239; 1989 No. 381; 1990 No. 314; 1991 No. 411
R. 31........................................	am. 1950 No. 90; 1981 No. 368
R. 32........................................	am. 1971 No. 63; 2002 No. 13
R. 33........................................	rep. 1979 No. 202
R. 34........................................	rep. 1981 No. 368
R. 35........................................	am. 1963 No. 97; 1978 No. 133; 1981 No. 368
The First Schedule................	am. 1950 No. 90; 1963 No. 97; 1971 No. 63; 1974 No. 83; 1978 No. 133; 1981 No. 368; 1997 No. 420
The Second Schedule..........	am. 1941 No. 5; 1944 No. 133
rep. 1971 No. 63
The Third Schedule..............	am. 1938 No. 78; 1941 No. 23; 1942 No. 209; 1944 No. 133; 1947 No. 30; 1948 No. 112; 1953 No. 80
rep. 1971 No. 63
The Fourth Schedule............	am. 1944 No. 133
rep. 1971 No. 63
The Fifth Schedule................	rep. 1971 No. 63
The Sixth Schedule...............	am. 1938 No. 78; 1941 No. 23; 1942 Nos. 209 and 520; 1944 No. 133; 1947 No. 30; 1948 No. 112
rep. 1971 No. 63
The Seventh Schedule.........	ad. 1945 No. 39
rep. 1971 No. 63

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Navigation (Coasting Trade) Regulations 1937 (Cth)

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