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

Statutory Rules 1982 No. 3971

Navigation (Courts Of Marine Inquiry) Regulations2(Amendment)

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 20 December 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

WAL FIFE

Minister of State for Aviation

for and on behalf of the

Minister of State for Transport and Construction

Qualifications and classifications of assessors

 1. Regulation 31 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting from paragraph (1) (a) “master of a foreign-going ship” (wherever occurring) and substituting “Master Class 1, Steamship”.

List of assessors to be furnished to each Registrar

 2. Regulation 32 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting “and the places at which they reside”.

Appearance by barrister or solicitor

 3. Regulation 44 of the Navigation (Courts of Marine Inquiry) Regulations is amended by inserting “or Territory” after “State”.

Affidavits

 4. Regulation 52 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting all the words before “shall” and substituting “The provisions of section 45 of the Federal Court of Australia Act 1976 and Order 14 of the Federal Court Rules”.

Schedule 2

 5. Schedule 2 to the Navigation (Courts of Marine Inquiry) Regulations is amended—

• (a)

  by omitting “$45” and substituting “$54”;

• (b)

  by omitting “$225” and substituting “$270”; and

• (c)

  by omitting “$25” and substituting “$30”.

Formal amendments

 6. The Navigation (Courts of Marine Inquiry) Regulations are further amended as set out in the Schedule.

SCHEDULE

Regulation 6

Provision

Amendment

Regulation 2

Repeal

Regulation 3

Repeal

Regulation 4 (1) (definition of “the Act”)

Omit “

 1972”

Sub-regulation 4 (2)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”

Sub-regulation 4 (3)

Repeal

Sub-regulation 6 (1)

Omit “(1) of section 364”, substitute “364 (1)”

Regulation 10

Omit “the last preceding regulation”, substitute “regulation 9”

Sub-regulation 13A (2)

Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”

Sub-regulation 16 (2)

Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”

Omit “of these Regulations”

Regulation 18

Omit “the last preceding regulation”, substitute “regulation 17”

Regulation 19

Omit “of these Regulations”

Regulation 21

Omit “writing”, substitute “writing,”

Sub-regulation 26 (1)

Omit “court”, substitute “Court”

Sub-regulation 30 (1)

Omit “Regulation”, substitute “regulation”

Omit “three”, substitute “3”

Paragraph 31(1) (a)

Omit “five”, substitute “5”

Omit “two”, substitute “2”

Omit “gross register”, substitute “gross tonnage”

Paragraph 31(1) (b)

Omit “the last preceding paragraph”, substitute “paragraph (1) (a)”

Paragraph 31(2) (a)

Omit “five”, substitute “5”

Omit “two”, substitute “2”

Paragraph 31(2)(b)

Omit “the last preceding paragraph”, substitute

 “paragraph (2) (a)”

Sub-regulation 31 (4)

Omit “two”, substitute “2”

Sub-regulation 31 (6)

Omit “the preceding sub-regulations of this regulation”, substitute “sub- regulations (3), (4) and (5)”

Paragraph 33 (1) (b)

Omit “the last preceding regulation”, substitute “regulation 32”

Regulation 35

Omit “two”, substitute “2”

Omit “the next succeeding regulation”, substitute “regulation 36”

Regulation 36

Omit “the last preceding regulation”, substitute “regulation 35”

Sub-regulation 37 (1)

Omit “vessel” (twice occurring), substitute “ship”

Sub-regulation 37 (2)

Omit “One hundred dollars”, substitute “$100”

Omit “three”, substitute “3”

Sub-regulation 45 (2)

Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”

Sub-regulation 45 (3)

Omit “the Commonwealth” (twice occurring), substitute “Australia”

Sub-regulation 51

Omit “Representative” (twice occurring), substitute “representative”

Schedules

Omit “THE SCHEDULES

First Schedule

Omit “FIRST SCHEDULE”, substitute “SCHEDULE 1”

First Schedule, Forms CMI-2 and CMI-3

Omit “an Inquiry” (wherever occurring), substitute “an inquiry”.

NOTES

1. Notified In The Commonwealth Of Australia Gazette On 31 December 1982.

2. Statutory Rules 1943 No. 53 as amended by 1957 No. 1; 1963 No. 97; 1973 No. 69; 1974 No. 13; 1975 No. 6; 1976 No. 243; 1978 No. 128.