Navigation (Manning and Coasting Trade) Regulations (Amendment) (Cth)

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Statutory Rules

1979 No. 202

REGULATIONS UNDER THE NAVIGATION ACT 19121

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 this twentieth day of September 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

PETER NIXON

Minister of State for Transport

_______________

AMENDMENTS OF THE NAVIGATION (MANNING AND

COASTING TRADE) REGULATIONS2

1Commencement

 These Regulations shall come into operation on 1 October 1979.

2. Regulation 25 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation substituted:

Permits to unlicensed ships to engage in coasting trade

“25. (1) The owner, charterer, master or agent of a ship that is not licensed to engage in the coasting trade may–

  • (a)

    make an application for the grant of a permit under section 286 of the Act for the ship to engage in the coasting trade;

  • (b)

    at any time before the grant of such a permit, make an application for the amendment of the application referred to in paragraph (a) in relation to that permit; or

  • (c)

    make an application for the amendment of a permit granted in respect of the ship under section 286 of the Act.

  • “(2)

    An application referred to in sub-regulation (1)–

    • (a)

      shall be in writing;

    • (b)

      shall specify–

      • (i)

        in the case of an application referred to in paragraph (1) (a)–the name, port of registry and official number of the ship, the names of her registered owner and master, the ports between which it is desired to trade and whether the permit is desired for the carriage of passengers or cargo or of both; or

      • (ii)

        in the case of an application for the amendment of an application or a permit–the particulars of the amendment to be effected; and

    • (c)

      shall be delivered–

      • (i)

        where the application is in respect of a permit for a single voyage–to an authorized officer; or

      • (ii)

        where the application is in respect of a continuing permit–to the Secretary, Department of Transport, Canberra.

  • “(3)

    A permit for a single voyage shall be in accordance with Form M.A.C.T.–4 and a continuing permit in accordance with Form M.A.C.T.–5.

  • “(4)

    A person shall, on making an application under sub-regulation (1), pay the fee prescribed in respect of the application.

  • “(5)

    For the purposes of sub-regulation (4), each of the following fees is prescribed:

    • (a)

      in respect of an application referred to in paragraph (1) (a) in relation to a permit for a single voyage, being a permit in respect of the carriage of passengers–$5;

    • (b)

      in respect of an application referred to in paragraph (1) (a), (b) or (c) in relation to a permit for a single voyage, being a permit in respect of the carriage of cargo–

      • (i)

        if sub-paragraph (ii) does not apply–

        • (A)

          where no ship that is suitably constructed to carry the cargo is licensed under section 288 of the Act to engage in the coasting trade–$15;

        • (B)

          in any other case–$75;

      • (ii)

        if the issue of the permit or the amended permit (as the case may be) is required before the expiration of the work day next following the day on which the application is made–

        • (A)

          where no ship that is suitably constructed to carry the cargo is licensed under section 288 of the Act to engage in the coasting trade–$30; and

        • (B)

          in any other case–$150;

    • (c)

      in respect of an application referred to in paragraph (1) (a) in relation to a continuing permit–$250.

  • “(6)

    In sub-paragraph (5) (b) (ii), ‘work day’, in relation to an application under sub‑regulation (1), means a day on which the office of the authorized officer to whom the application is delivered is open for public business.”.

3Applications for exemption under section 422A of the Act

 Regulation 26 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting from sub-regulation (2) “Two dollars” and substituting “$5”.

4Refund of fee

 Regulation 27 of the Navigation Manning and Coasting Trade) Regulations is amended by omitting sub-regulation (2).

5. Regulation 30 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation substituted:

Licence fees

  • “30.

    A person making an application under regulation 28 or 29 shall pay–

    • (a)

      where the application is made on or before 30 June in a year for the issue of a licence in respect of a period ending on 30 June in that year–a fee of $2.50; and

    • (b)

      in any other case–a fee of $5.”.

6Repeal of regulation 33

 Regulation 33 of the Navigation (Manning and Coasting Trade) Regulations is repealed.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 September 1979.

2. Statutory Rules 1937 No. 104 as amended by Statutory Rules 1938 No. 78; 1940 No. 97; 1941 Nos. 5 and 23; 1942 Nos. 209 and 520; 1944 No. 133; 1945 No. 39; 1947 No. 30; 1948 No. 112; 1950 No. 90; 1953 No. 80; 1954 No. 39; 1963 No. 97; 1971 No. 63; 1974 No. 83; 1975 No. 114; and 1978 No. 133.

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