Navigation (Courts of Marine Inquiry) Regulations (Amendment) (Cth)

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Statutory Rules

1976 No. 243

REGULATIONS UNDER THE NAVIGATION ACT 1912.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.

Dated this fourth day of November, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER NIXON

Minister of State for Transport.

______

Amendments of the Navigation (Courts of Marine Inquiry) Regulations 

1. Regulation 49 of the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following regulation substituted:—

Allowances payable to witnesses.

“ 49. (1) Subject to sub-regulation (2), an allowance to be paid under subsection 370 (5) of the Act to a witness attending before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of the Court of Marine Inquiry, shall be an amount determined by the Court of Marine Inquiry in accordance with Schedule 2.

“ (2) Where, at a time when an allowance to be paid to a witness under subsection 370 (5) of the Act is being determined, an amount specified in the Second Schedule to the High Court Rules in relation to witnesses’ expenses is higher than the corresponding amount specified in Schedule 2, the allowance to be paid to that witness shall be determined as if that corresponding amount were an amount equal to the amount so specified in the High Court Rules.".

Second Schedule.

2. The Second Schedule to the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following Schedule substituted:—

SCHEDULE 2 Regulation 49

ALLOWANCES FOR WITNESSES IN RESPECT OF ATTENDANCE BEFORE A COURT OF MARINE INQUIRY OR BEFORE A PERSON APPOINTED TO RECEIVE EVIDENCE ON BEHALF OF THE COURT OF MARINE INQUIRY

1. For witnesses called because of their professional, scientific or other special skill or knowledge—not less than $45, or more than $225, per day of attendance.

 

* Notified in the Australian Government Gazette on 9 November 1976.

  Statutory Rules 1943, No. 53 as amended by Statutory Rules 1957, No. 1; 1963, No. 97; 1973, No. 69; 1974, No. 13; and 1975, No. 6.

 

2. For witnesses generally—$25 per day of attendance before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of the Court of Marine Inquiry, or, if remunerated in their occupations by wages, salary or fees, that amount or a higher amount being the amount of wages, salary or fees lost by the witness by the attendance of the witness, but not exceeding $50 per day of attendance.

3. For all witnesses, in addition to the amount applicable under clause 1 or 2, a reasonable amount—

(a) in respect of their conveyance to and from a Court of Marine Inquiry; and

(b) if required to be absent overnight from their usual place of residence, for meals and accommodation.

4. For witnesses referred to in clause 1, in addition to the amounts applicable under clauses 1 and 3, areasonable amount in respect of expenses properly incurred in order to qualify to give skilled evidence.

Application.

3.

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