Navigation (Loading and Unloading Safety Measures) Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No.

REGULATION UNDER THE NAVIGATION ACT 1912-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1970.

Dated this twenty-third day of April, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(SGD.) IAN SINCLAIR

Minister of State for Shipping and Transport.

 

Amendment of the Navigation (Loading and Unloading—Safety Measures) Regulations

Regulation 77 of the Navigation (Loading and Unloading—Safety Measures) Regulations is repealed and the following regulation inserted in its stead:—

Fees.

“77.—(1.) Where a surveyor, on an inspection of the cargo gear in respect of a ship—

(a) finds the cargo gear to be defective; and

(b) considers that, for the purpose of ensuring that the defect is rectified, further inspection will be necessary,

there is payable, by virtue of this sub-regulation, a fee of Four dollars in respect of the inspection so made and, in addition, a fee of Four dollars in respect of each further inspection by a surveyor for that purpose.

“(2.) Where, as a result of a request made by the owner, master or agent of a ship, a surveyor commences or completes, at a time when the office of the Department is not open for public business, an inspection of the cargo gear in respect of the ship, there is payable, by virtue of this sub-regulation, in respect of that inspection—

(a) if the inspection is commenced or completed on a day when the office of the Department is not at any time open for public business—a fee of Ten dollars fifty cents;

(b)if the inspection is commenced or completed between eleven o’clock in the evening of a day and six o’clock in the morning of the next succeeding day, and the day on which the inspection is commenced or completed is a day other than a day referred to in the last preceding paragraph—a fee of Eight dollars fifty cents; or

(c) in any other case—a fee of Four dollars fifty cents.

“(3.) Where, as a result of a request made by the owner, master or agent of a ship, a surveyor is required to attend at a time and place appointed for an

* Notified in the Commonwealth Gazette on 1970

  Statutory Rules 1961, No. 128, as amended by Statutory Rules 1967, No. 133; and 1969, No, 210.

25291/69—Price 5c 9/19.3.1970

inspection of the cargo gear in respect of the ship (being a time when the office of the Department is not open for public business) and sets out to commence the inspection but the proposed inspection does not commence because the owner, master or agent cancels the request, there is payable, by virtue of this sub-regulation—

(a)if the time appointed is on a day when the office of the Department is not at any time open for public business—a fee of Five dollars fifty cents;

(b)if the time appointed is between eleven o’clock in the evening of a day and six o’clock in the morning of the next succeeding day, and the day on which the time is appointed is a day other than a day referred to in the last preceding paragraph—a fee of Four dollars fifty cents; or

(c) in any other case—a fee of Two dollars fifty cents.

“(4.) The last two preceding sub-regulations apply in respect of each surveyor affected.

“(5.) Where—

(a)a surveyor is available at the time and place appointed for an inspection of the cargo gear in respect of a ship and, for a reason outside his control, he is compelled to wait for a period in excess of half an hour after that time before he can commence the inspection;

(b)a surveyor is carrying out such an inspection and, for a reason outside his control, the inspection is interrupted and he is compelled to wait for a period in excess of half an hour before he can continue the inspection; or

(c) a surveyor has completed such an inspection and is, for a reason outside his control, compelled to wait at the place of inspection for a period in excess of half an hour after the inspection,

a fee calculated at the rate of Four dollars for each hour, or part of an hour, of the excess, or a fee of Sixteen dollars, whichever is the less, is payable, by virtue of this sub-regulation, in respect of that inspection.

“(6.) Where, as a result of a request made by the owner, master or agent of a ship, a surveyor proceeds, for the purpose of carrying out an inspection of the cargo gear in respect of the ship, to a place outside the limits of the port at which he is ordinarily stationed, a fee equal to the amount of the travelling and subsistence expenses necessarily incurred by the surveyor is payable, by virtue of this sub-regulation, whether or not the proposed inspection is carried out.

“(7.) The fact that a fee is payable, by virtue of a particular sub-regulation of this regulation, in respect of an inspection of the cargo gear in respect of a ship does not prevent a further fee, or further fees, in respect of that inspection being payable by virtue of another sub-regulation of this regulation.

“(8.) A fee payable under this regulation is a debt due to the Commonwealth and may be recovered from the owner, master or agent of the ship in a court of competent jurisdiction.

“(9.) In this regulation, ‘the office of the Department’, in relation to an inspection, or proposed inspection, means the office of the Department of Shipping and Transport, or of the representatives of that Department, at the place where the inspection is made or the proposed inspection is to be made.”.

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