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

Navigation (Limitation of Shipowners’ Liability) Regulations

Statutory Rules 1981 No. 2 as amended

made under the

Navigation Act 1912

This compilation was prepared on 10 June 2003

taking into account amendments up to SR 1985 No. 318

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

       1Citation [see Note 1]

 These Regulations may be cited as the Navigation (Limitation of Shipowners’ Liability) Regulations.

2Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

  Convention has the same meaning as in Part VIII of the Act.

  limitation fund means a fund constituted in pursuance of Article 2 of the Convention.

  relevant guarantee means a guarantee of the kind referred to in Article 3 (6) of the Convention.

  relevant payment means a payment of a claim in respect of which a person is entitled to limit his liability under the Convention.

  the Act means the Navigation Act 1912.

3Ascertainment of tonnage

• (1)

  Subject to subregulation (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 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 subsection 405M (2) of the Act applies — in accordance with directions given by the Minister under that subsection 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 subregulation (3).

• (2)

  The amount of the register tonnage specified in the certificate of registry of a ship to which subsection 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 subsection 335 (1) of the Act, the Court shall accept an estimate made under subregulation (3) unless that estimate is proven to be incorrect.

5Conversion into Australian currency

• (1)

  Amounts of money expressed in the units of account mentioned in Article 3 of the Convention shall be converted into Australian currency as follows:

  • (a)

    one unit of account is to equal one special drawing right; and

  • (b)

    special drawing rights are to be converted into Australian dollars on the basis of the value of the Australian dollar on the day on which the limitation fund is constituted, the relevant payment is made or the relevant guarantee is given.

• (2)

  In subregulation (1):

  • (a)

    a reference to a special drawing right shall be read as a reference to a special drawing right within the meaning of the International Monetary Agreements Act 1947;

  • (b)

    a reference to the value of the Australian dollar on a day is a reference to the value of the Australian dollar in terms of special drawing rights calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on that day for its operations and transactions; and

  • (c)

    a reference to the day on which the limitation fund is constituted shall be read as a reference to the day on which the order of the Court under subsection 335 (1) of the Act constituting the fund is made.

Notes to the Navigation (Limitation of Shipowners’ Liability) Regulations

Note 1

The Navigation (Limitation of Shipowners’ Liability) Regulations (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1981 No. 2 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1981 No. 2	22 Jan 1981	22 Jan 1981
1985 No. 317	28 Nov 1985	3 Dec 1985	—
1985 No. 318	28 Nov 1985	28 Nov 1985	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.........................................	am. 1985 No. 317
R. 3.........................................	rs. 1985 No. 317
R. 4.........................................	rep. 1985 No. 317
R. 5.........................................	am. 1985 No. 318