Navigation (Deck Cargo and Live Stock) Regulations (Amendment) (Cth)

STATUTORY RULES.

1959. No. 47

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1956.

Dated this twenty-sixth day of June, 1959.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

 

Amendments of the Navigation (Deck Cargo and Live Stock) Regulations.  

Notice of intention to load livestock or deck cargo.

1. Regulation 6 of the Navigation (Deck Cargo and Live Stock) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “master or owner” and inserting in their stead the words “owner, agent or master”;

(b) by omitting sub-regulations (2a.) and (2b.);

(c.)by omitting from sub-regulation (3.) the words “masters or owners” and inserting in their stead the words “owners, agents or masters”; and

(d) by adding at the end thereof the following sub-regulations:—

“(4.) Where notification under this regulation is given in relation to a ship, a surveyor shall inspect the ship in connexion with the loading of the live stock or deck cargo and may make such visits to the ship for that purpose as he considers necessary or as the owner, agent or master of the ship requests.

“(5.) Subject to sub-regulations (6.) and (8.) of this regulation, there is payable in respect of an inspection under the last preceding sub-regulation that extends over more than one visit by the surveyor a fee of Two pounds for each visit after the first visit.

 

* Notified in the Commonwealth Gazette on 26 June, 1959.

  Statutory Rules 1926, No. 89, as amended by Statutory Rules 1926, No. 155; 1927, No. 90; 1930, No. 127; 1934, No. 119; and 1948, No. 20.

2875/59.—Price 3d. 9/28.5.1959.

 

“(6.) Where, as a result of a request made by the owner, agent or master of a ship, a surveyor carries out an inspection of the ship under this regulation during any period when the Deputy Director’s office in the State where the inspection is made is not open for public business, the fee for the inspection is, or, where a fee is otherwise payable, shall be increased by—

(a) if the surveyor commences or ceases to be so engaged on a day when the Deputy Director’s office is not at any time open for public business—Five pounds five shillings; and

(b)in any other case—Two pounds two shillings or, if the surveyor commences to be so engaged before 6 a.m. or ceases to be so engaged after 11 p.m., Four pounds four shillings.

“(7.) The last preceding sub-regulation applies in respect of each surveyor engaged on an inspection during a period when the Deputy Director’s office is not open for public business.

“(8.) Where—

(a) a surveyor is available at the time and place appointed for an inspection of a ship under this regulation but, for any reason outside the control of the surveyor, he is compelled to wait for a period after that time before he can commence the inspection;

(b) a surveyor is carrying out an inspection of a ship under this regulation and, for any reason outside his control, the inspection is interrupted and he is compelled to wait for a period before he can continue the inspection; or

(c) a surveyor carrying out an inspection of a ship under this regulation is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection,

the fee for the inspection is, or, where a fee is otherwise payable, shall be increased by, an amount of Two pounds for each hour, or part of an hour, of the waiting time in excess of half an hour.

“(9.) Where a fee payable under this regulation in respect of a ship is not paid, the Commonwealth may recover the fee as a debt due to the Commonwealth from the owner, charterer, agent or master of the ship.”.

Statement of deck cargo loaded.

2. Regulation 7 of the Navigation (Deck Cargo and Live Stock) Regulations is amended by omitting the words “master or owner” and inserting in their stead the words “owner, agent or master”.

Repeal.

3. Regulations 9 and 10 of the Navigation (Deck Cargo and Live Stock) Regulations are repealed.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.