STATUTORY RULES.
1963. No. 97.
________
REGULATIONS UNDER
THE NAVIGATION ACT 1912-1961.`*
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 1912-1961.
Dated this 24th
day of October, 1963.
DE L’ISLE
Governor-General.
By His
Excellency’s Command,
Sgd. Hubert Opperman
Minister of State
for Shipping and Transport.
________________
NAVIGATION
(GENERAL AMENDMENTS) REGULATIONS.
Citation.
1.These Regulations may be
cited as the Navigation (General Amendments) Regulations.
Amendments of regulations.
2. The regulations
specified in the second column of the Schedule to these Regulations are amended
as respectively set out in the third column of that Schedule.
Savings.
3. Notwithstanding
the amendments effected by the last preceding regulation—
(a) an approval, authorization,
certificate, determination, direction, exemption, licence, permit or
requirement given, granted, made, issued or extended under any of the
Regulations specified in the second column of the Schedule to these Regulations
and in force immediately before the commencement of these Regulations shall,
subject to those Regulations as amended by these Regulations, continue in
force, subject to the conditions, if any, upon which, and for the balance of
the period for which, it was given, granted, made, issued or extended as if it
had been given, granted, made, issued or extended under those Regulations as so
amended; and
(b) an application,
return or notice made or given under any of of the Regulations specified in the
second column of the Schedule to these Regulations and pending or not dealt
with at the date of commencement of these Regulations shall be deemed to have
been duly made or given under those Regulations as amended by these Regulations
and may be dealt with as if it had been made or given under those Regulations
as so amended.
_________________________________________________________________________________
* Notified in the
Commonwealth Gazette on 24th October, 1963.
1615/63.—Price 8d. 9/10.7.1963.
THE SCHEDULE. Reg.
2.
First Column | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
1 | Navigation (Cargo—Hazards
Prevention) Regulations | Regulation 4— (a) Omit from the
definition of “prescribed authority” in sub-regulation (1.) “Deputy
Director”, insert “Regional Controller”. (b) Omit from the definition
of “prescribed authority” in sub-regulation (1.) “the representative of the
Director”, insert “a surveyor”. (c) After the
definition of “prescribed authority” in sub-regulation (1.), insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 13— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 18— Omit “Director”, insert
“Minister”.
Regulation 24— Omit from sub-regulation
(1.) “a Deputy Director, insert “the Minister”.
Regulation 26— Omit from sub-regulation
(1.) “Director, a Deputy Director”, insert “Minister, an officer authorized
in writing in that behalf by the Minister”.
Regulation 27— Omit from sub-regulations
(1.) and (2.) “Deputy Director’s office” (wherever occurring), insert
“Regional Controller’s office”.
Third Schedule— Omit from Forms 1 and 2—
“To the Deputy
Director of Navigation (or his
representative)”, insert— “To the Regional Controller
(or the Surveyor), Department of Shipping and Transport”.
|
2 | Navigation (Compass)
Regulations | Regulation 3— After the definition of
“adjuster of compasses”, insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 5— Omit from sub-regulation
(2.) “Deputy Director”, insert “Minister”.
Regulation 6— Omit from sub-regulation
(5.) “Director”, insert “Minister”.
Regulation 7— Omit “Deputy Director”,
insert “Minister”.
Regulation 8— Omit “Deputy Director”
(wherever occurring), insert “Minister”.
Regulation 10— (a) Omit from
sub-regulation (1.) “Deputy Director”. insert “Regional Controller for the
State in which the examination was carried out”..
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
2— cont. | Navigation (Compass)
Regulations—continued. | (b) Omit from
sub-regulation (2.) “Deputy Director” (wherever occurring), insert “Regional
Controller”. (c) Omit from
sub-regulation (2.) “the Director”, insert “the Minister”.
Regulation 12— Omit from sub-regulation
(1.) “the Deputy Director”, insert “a Regional Controller”.
Regulation 13— (a)Omit from
sub-regulation (1.) “The Deputy Director”, insert “A Regional Controller”. (b)Omit from
sub-regulations (3.) and (4.) “the Director” (wherever occurring), insert
“the Minister”. (c) Omit from
sub-regulation (4.) “the Deputy Director”, insert “a Regional Controller”.
Regulation 15— Omit “the Deputy Director”
(wherever occurring), insert “a Regional Controller”.
Regulation 17— Omit from sub-regulation
(2.) “the Deputy Director”, insert “a Regional Controller”.
Schedule— (a) Omit from Form
C5 “Deputy Director of Navigation”, insert “Regional Controller, Department
of Shipping and Transport”. (b) Omit from Form
C7 “Deputy Director of Navigation”, insert “Regional Controller”. (c) Omit
from Form C7 “Director of Navigation”, insert “Regional Controller,
Department of Shipping and Transport”. (d)
Omit from Form
C8—
“To the Deputy
Director of Navigation,”, insert— “To the Regional
Controller, Department of Shipping and Transport, State of.”.
|
3 | Navigation (Courts of
Marine Inquiry) Regulations | Regulation 4— (a)After the
definition of “Court” in sub-regulation (1.), insert— “‘Departmental
representative’ means an officer of the Department appointed by the Minister
to be the Departmental representative for the purposes of these Regulations; “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
(b) Add at the end
of sub-regulation (1.)— “‘the Department’ means the
Department of Shipping and Transport.”.
Regulation 5— Omit from sub-regulation
(1.) “Director” (wherever occurring), insert “Departmental representative”.
Regulation 6— Omit “Director” (wherever occurring),
insert “Departmental representative”.
|
The Schedule—continued.
First Column | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
3— cont. | Navigation (Courts of
Marine Inquiry) Regulations—continued. | Regulation 8— Omit “Director”, insert
“Departmental representative”.
Regulation 11— Omit “Director” (wherever
occurring), insert “Departmental representative”.
Regulation 12— Omit from sub-regulations
(1.), (3.) and (5.) “Director” (wherever occurring), insert “Departmental
representative”.
Regulation 13— Omit “Director”, insert
“Departmental representative”.
Regulation 17— Omit “Director” (wherever
occurring), insert “Departmental representative”.
Regulation 18— Omit “Director”, insert
“Departmental representative”.
Regulation 19— Omit “Director”, insert
“Departmental representative”.
Regulation 20— Omit from sub-regulation
(1.) “Director” (wherever occurring), insert “Departmental representative”.
Regulation 22— Omit “Director”, insert
“Departmental representative”.
Regulation 22— Omit “Director”,
Departmental representative”.
Regulation 24— Omit “Director”, insert “Departmental
representative”.
Regulation 25— Omit “Director”, insert
“Departmental representative”.
Regulation 32— Omit “Director”, insert
“Minister”.
Regulation 34— Omit “Director” (wherever
occurring), insert “Departmental representative”.
Regulation 44— (a) Omit
“Director” (wherever occurring), insert “Departmental representative”. (b) Omit “the
Commonwealth Navigation Service”, insert “the Department”.
Regulation 51— (a) Omit “the Director” (wherever occurring), insert “the Departmental
Representative”. (b) Omit “Deputy Director”, insert “Regional Controller”.
First Schedule— Omit from Form C.M.I.-l.
“Director” (wherever occurring), insert “Departmental representative”.
|
4 | Navigation (Crew
Accommodation) Regulations | Regulation 3— (a)Omit from the
definition of “approved” in sub-regulation (1.) “Director”, insert
“Minister”. (b) Omit from the definition
of “petty officer” in sub-regulation (1.) “Director”, insert “Minister”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
4— cont. | Navigation (Crew
Accommodation) Regulations—continued. | (c) After the
definition of “rating” in sub-regulation
(1.), insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 5— Omit from sub-regulation
(1.) “Director” (wherever occurring), insert “Minister”.
Regulation 6— Omit “Director” (wherever
occurring), insert “Minister”.
Regulation 11— Omit “Director” (wherever
occurring), insert “Minister”.
Regulation 24— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 29— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 40— Omit from sub-regulation
(1.) “Director”, insert “Minister”.
Regulation 45— Omit from sub-regulations
(4.) and (5.) “Director”, insert “Minister”.
Regulation 64— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 76— Omit from sub-regulation
(5.) “Director”, insert “Minister”.
Regulation 79— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 83— Omit “Director” (wherever
occurring), insert “Minister”.
Regulation 84— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 86— (a) Omit from
sub-regulation (1.) “Director” (first occurring) insert “Minister”. (b) Omit from
sub-paragraph (iv) of paragraph (b) of sub-regulation (1.) “Director”,
insert “Minister”. (c) Omit from
sub-paragraph (v) of paragraph (b) of sub-regulation (1.) “the
Director”, insert “a Regional Controller”.
|
5 | Navigation (Dangerous
Goods) Regulations | Regulation 3— After the definition of
“passenger ship”, insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 5— (a)Omit from
sub-regulation (2.) “Deputy Director” (wherever occurring), insert “Regional
Controller”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
5—cont. | Navigation (Dangerous
Goods) Regulations—continued. | (b) Omit from
sub-regulation (3.) “Director”, insert “Minister”. (c) Omit from
sub-regulations (6.) and (7.) “Deputy Director’s office” (wherever
occurring), insert “Regional Controller’s office”. (d) Omit from
sub-regulation (11.) “Director”, insert “Minister”.
|
6 | Navigation (Deck Cargo and
Live Stock) Regulations | Regulation 3— Add at the end
thereof— “‘Regional Controller ‘
means a person for the time being performing the duties of art office of
Regional Controller, Department of Shipping and Transport.”.
Regulation 4— Omit from sub-regulation
(2.) “Deputy Director” (wherever occurring), insert “Regional Controller.”
Regulation 6— (a)Omit from
sub-regulations (1.) and (2.) “the Deputy Director” (wherever occurring),
insert “a Regional Controller”. (b) Omit from
sub-regulations (6.) and (7.) “Deputy Director’s office” (wherever
occurring), insert “Regional Controller’s office”.
Regulation 7— Omit “the Deputy Director”,
insert “a Regional Controller”.
Regulation 17— Omit “the Deputy Director”,
insert “a Regional Controller”.
Regulation 23— Omit “the Deputy Director”,
insert “a Regional Controller”.
Regulation 27— Omit “the Deputy Director”,
insert “a Regional Controller”.
Regulation 30— Omit “the Deputy Director”,
insert “a Regional Controller”.
Regulation 35a— Omit from sub-regulation
(1.) “Director”, insert “Minister”.
Regulation 38— Omit “Deputy Director”,
insert “Minister”.
|
7 | Navigation (Distress
Messages and Navigational Warnings) Regulations | Regulation 3— After the definition of
“radio station” in sub-regulation (1.), insert— “‘Regional Controller ‘
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 17— Omit from sub-regulation
(1.) “Deputy Director”, insert “Regional Controller”.
Regulation 22— Omit “Deputy Director”,
insert “Regional Controller”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
8 | Navigation (Examination of
Engineers) Regulations 1926 | Regulation 3— (a)After the
definition of “Principal Examiner”, insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
(b) After the
definition of “The Act”, insert— “‘the Secretary ‘ means the
person for the time being performing the duties of the office of the
Secretary to the Department of Shipping and Transport;”.
Regulation 6— Omit “Director”, insert
“Minister”.
Regulation 9— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 14— Omit “Director”, insert
“Minister”.
Regulation 17— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 18— Omit from sub-regulation
(2.) “Director of Navigation”, insert “Minister”.
Regulation 19— (a) Omit from
sub-regulation (1.) “The Director of Navigation”, insert “The Minister”. (b) Omit from
sub-regulation (1.) “Deputy Director of Navigation”, insert “Regional
Controller”. (c) Omit from
sub-regulation (1.) “The Deputy Director”, insert “The Regional Controller”. (d) Omit from
sub-regulation (3.) “Director”, insert “Minister”.
Regulation 21— Omit from paragraph (3.) of
the Note to that regulation “Director of Navigation”, insert “Secretary”.
Regulation 23— (a) Omit from
sub-regulation (1.) “Deputy Director”, insert “Regional Controller”. (b) Omit from
sub-regulation (1.) “the Director”, insert “the Minister”.
Regulation 24— Omit from sub-regulations
(2.) and (4.) “Director”, insert “Minister”.
Regulation 26— Omit “Director”, insert
“Minister”.
Regulation 27— Omit from sub-regulations
(2.), (3.) and (4.) “Director”, insert “Minister”.
Regulation 39— Omit from sub-regulation
(13.) “Director”, insert “Minister”.
Regulation 42— Omit “Director”, insert
“Minister”.
Regulation 50— Omit from sub-regulation
(4.) “Director”, insert “Minister”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
8—cont. | Navigation (Examination of
Engineers) Regulations 1926 —continued. | Regulation 57— Omit from sub-regulations
(1.) and (3.) “Director”, insert “Minister”.
Regulation 89— Omit from sub-regulation
(7.) “the Deputy Director”, insert “a Regional Controller”.
Fifth Schedule— Omit from the eleventh
paragraph “Director”, insert “Minister”.
Tenth Schedule— (a) Omit from
paragraph (2.) “the Deputy Director”, insert “a Regional Controller”. (b) Omit from
paragraph (2.) “Director of Navigation”, insert” Minister”.
|
9 | Navigation (Examination of
Engineers) Regulations 1941 | Regulation 5— After the definition of
“nominal horse-power” in sub-regulation (1.), insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 9— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 11— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 13— Omit “Director”, insert
“Minister”.
Regulation 21— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 35— Omit “Director”, insert
“Minister”.
Regulation 38— Omit from sub-regulation
(1.) “Director”, insert “Minister”.
Regulation 46— Omit “Director”, insert
“Minister”.
Regulation 47— Omit from sub-regulation
(1.) “Deputy Director”, insert “Regional Controller”.
Regulation 52— Omit from sub-regulations
(2.) and (3.) “Director”, insert “Minister”.
Sixth Schedule— Omit “Director”, insert
“Minister”.
Eighth Schedule— Omit “Director of
Navigation”, insert “Delegate of the Minister”.
|
10 | Navigation (Examination of
Masters and Mates) Regulations | Regulation 3— After the definition of
“Principal Examiner” in sub-regulation (1.), insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of Regional
Controller, Department of Shipping and Transport;”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
10— cont. | Navigation (Examination of
Masters and Mates) Regulations—continued. | Regulation 10— (a) Omit from
sub-regulation (2.) “Director of Navigation”, insert “Secretary to the
Department of Shipping and Transport”. (b) Omit from
sub-regulation (3.) “Director”, insert “Minister”.
Regulation 11— Omit
“Director”, insert “Minister”. Regulation 12— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 14— (a) Omit from
sub-regulation (1.) “Deputy Director”, insert “Regional Controller”. (b) Omit from
sub-regulation (4.) “Director”, insert “Minister”.
Regulation 15— Omit from sub-regulation
(4.) “Director”, insert “Minister”.
Regulation 17— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 18— Omit from sub-regulation
(2.) “Director”, insert “Minister”.
Regulation 23— Omit from sub-regulations
(1.) and (3.) “Director”, insert “Minister”.
Regulation 27— Omit from sub-regulations
(2.) and (4.) “Director”, insert “Minister”.
Regulation 29— Omit from sub-regulation
(2.) “Director of Navigation”, insert “Minister”.
Regulation 30— Omit from sub-regulations (5a.), (5b.), (7.) and (9.)
“Director”, insert “Minister”.
Regulation 113— Omit from sub-regulation
(2.) “Deputy Director of”, insert “Regional Controller for”.
Regulation 115— Omit “Director”, insert
“Minister”.
Regulation 124— Omit from sub-regulation
(3.) “Director”, insert “Minister”.
Regulation 125— Omit from sub-regulation
(1.) “Director”, insert “Minister”.
Regulation 130— Omit from sub-regulations
(1.) and (2.) “Director”, insert “Minister”.
Regulation 169— Omit “Director”, insert
“Minister”.
Third Schedule— Omit from paragraphs 9, 14
and 15 “Director” (wherever occurring), insert “Minister”.
Appendix H— Omit “Director of
Navigation”, insert “Delegate of the Minister”.
|
11 | Navigation (Fire
Appliances) Regulations | Regulation 4— Omit from the definition of
“approved” in sub-regulation (1.) “Director”, insert “Minister”.
|
The Schedule—continued.
First Column. | Second Column. | Third Column. |
Item No. | Regulations
Amended. | Amendments. |
12 | Navigation (Grain)
Regulations | Regulation 3— After the definition of
“light grain” in sub-regulation (1.), insert— “‘Regional Controller’
means a person for the time being performing the duties of an office of
Regional Controller, Department of Shipping and Transport;”.
Regulation 4— Omit from sub-regulation
(1.) “Deputy Director” (wherever occurring), insert “Regional Controller”.
Regulation 5— Omit “Deputy Director”,
insert “Regional Controller”.
Regulation 6— (a) Omit from
paragraph (a) “Deputy Director”, insert “Regional Controller”. (b) Omit from
paragraph (b) “the representative of the “Director”, insert “a
surveyor”.
Regulation 7— Omit from sub-regulations
(5.) and (6.) “Deputy Director’s office” (wherever occurring), insert
“Regional Controller’s office”.
Regulation 13— Omit from sub-regulation
(4.) “Deputy Director”, insert “Regional Controller”.
Regulation 14— Omit from sub-regulation
(2.) “Deputy Director”, insert “Regional Controller”.
Regulation 23— Omit from sub-regulation
(1.) “Deputy Director”, insert “Regional Controller”.
Regulation 31— Omit “Deputy Director”,
insert “Regional Controller”.
Second Schedule— Omit from paragraph 10 “the
Deputy Director”, insert “a Regional Controller”.
|