Navigation (Limitation of Shipowners' Liability) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3171

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Navigation (Limitation of Shipowners’

Liability) 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 21 November 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Transport

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Commencement

1. These Regulations shall come into operation on 3 December 1985.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Navigation (Limitation of Shipowners’ Liability) Regulations.

Interpretation

3. Regulation 2 of the Principal Regulations is amended by omitting sub-regulation (2).

4. Regulations 3 and 4 of the Principal Regulations are repealed and the following regulation substituted:

Ascertainment of tonnage

“3. (1) Subject to sub-regulation (2), for the purposes of Part VIII of the Act the tonnage of a ship shall be ascertained—

(a) in the case of a ship that is able to be measured for tonnage and to which the Navigation (Tonnage Measurement) Regulations apply—in accordance with the provisions of those Regulations;

(b) in the case of a ship that is able to be measured for tonnage and the ascertainment of the tonnage of which is otherwise provided for by

 

(S.R. 192/85)—Cat. No.  11/15.10.1985

orders, as in force from time to time, made in pursuance of regulations made by virtue of section 405e of the Act—in accordance with the provisions of the Navigation (Tonnage Measurement) Regulations;

(c) in the case of a ship that is able to be measured for tonnage and to which sub-section 405m (2) of the Act applies—in accordance with directions given by the Minister under that sub-section in relation to that ship or class of ships in which that ship is included; or

(d) in the case of a ship that is not able to be measured for tonnage—in accordance with sub-regulation (3).

“(2) The amount of the register tonnage specified in the certificate of registry of a ship to which sub-section 405m (1) of the Act applies shall be the net tonnage of the ship for the purposes of Part VIII of the Act.

“(3) Where a ship is not able to be measured for tonnage, the Minister shall estimate—

(a) the dimensions of the ship; and

(b) the tonnage of the ship, being the tonnage that would have been ascertained in accordance with the provisions of the Navigation (Tonnage Measurement) Regulations if the ship was a ship to which those Regulations applied and the estimated dimensions had been the actual dimensions of the ship.

“(4) On the hearing of an application under sub-section 335 (1) of the Act, the Court shall accept an estimate made under sub-regulation (3) unless that estimate is proven to be incorrect.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 November 1985.

2. Statutory Rules 1981 No. 2.

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