Navigation (Orders) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 3991

__________

Navigation (Orders) 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 20 December 1982.

 N. M. STEPHEN

 Governor-General

 By His Excellency’s Command,

WAL FIFE

Minister of State for Aviation

for and on behalf of the

Minister of State for

Transport and Construction

__________

1.

Regulation 2 of the Navigation (Orders) Regulations is repealed and the following regulation substituted:

Interpretation

“2.

In these Regulations, unless the contrary intention appears—

‘Secretary’ means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922;

‘the Act’ means the Navigation Act 1912.”.

 2. The Navigation (Orders) Regulations are amended by inserting after regulation 3 the following regulation:

Reconsideration of decisions made under orders

“3A.

(1) In this regulation—

‘certificate’ means a certificate within the meaning of paragraph 15 (2) (a) of the Act;

‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975;

‘initial decision’ means a decision made by an officer under orders made in pursuance of sub-regulation 3 (3) in relation to the issue, variation, suspension or cancellation of a certificate, not being a decision that is deemed to be such a decision by sub-section 43 (6) of the Administrative Appeals Tribunal Act 1975;

‘officer’ means an officer of the Department.

“(2)

A person whose interests are affected by an initial decision may apply to the Secretary for a reconsideration of that decision.

“(3)

An application made under sub-regulation (2)—

• (a)

  shall be in writing;

• (b)

  shall set out a statement of the reasons for the application; and

• (c)

  shall be lodged with the Secretary within 21 days after the date on which the initial decision first comes to the notice of the applicant.

“(4)

The Secretary shall, upon receipt of an application made under

sub-regulation (2)—

• (a)

  where he made the initial decision—reconsider that decision and make any decision that he might have made in the first instance; or

• (b)

  where another officer made the initial decision—cause the officer to reconsider that decision and make any decision that the officer might have made in the first instance.

“(5)

Where an officer makes a decision under sub-regulation (4), the initial decision that he has reconsidered shall cease to have effect.

“(6)

The Secretary shall, by notice in writing within 40 days after the day on which an application made under sub-regulation (2) has been received, inform the applicant of the decision made under sub-regulation (4) in respect of his application.

“(7)

An application may be made to the Administrative Appeals Tribunal for review of a decision made by an officer under sub-regulation (4).

“(8)

A notice referred to in sub-regulation (6) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(9)

A failure to comply with the requirements of sub-regulation (8) in relation to a decision shall not be taken to affect the validity of the decision.

“(10)

Where—

• (a)

  an officer has made an initial decision;

• (b)

  the officer made the decision by reason that he held or performed the duties of an office; and

• (c)

  the officer no longer holds or performs the duties of that office,

this regulation has effect as if the decision had been made by—

• (d)

  the officer for the time being holding or performing the duties of that office; or

• (e)

  if there is no officer for the time being holding or performing the duties of that office, or that office no longer exists—such officer as the Secretary specifies.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1982.

2. Statutory Rules 1980 No. 135 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 180 and see also