Navigation (Supplementary) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2941

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Navigation (Supplementary) 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 31 October 1985.

N. M. STEPHEN

Governor-General

 

By His Excellency’s Command,

Peter Morris

Minister of State for Transport

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Navigation (Supplementary) Regulations.

Interpretation

2. Regulation 1a of the Principal Regulations is amended by omitting the definition of “Secretary”.

3. Regulations 1b, 2 and 3 of the Principal Regulations are repealed and the following regulations substituted:

Prescribed external Territories for purposes of section 8 of the Act

“2. All external Territories are prescribed for the purposes of section 8 of the Act.

Prescribed officer for purposes of sub-section 389a (3) of the Act

“3. For the purposes of sub-section 389a (3) of the Act, each person for the time being occupying, or performing the duties of, any of the following offices in the Department is a prescribed officer—

(a) Regional Director, Senior Executive Level 1, Queensland;

(b) Regional Director, Clerical/Administrative Class 11, New South Wales;

(S.R. 144/85) Cat. No. 10/23.9.1985

 

(c) Regional Director, Clerical/Administrative Class 11, Victoria;

(d) Regional Director, Clerical/Administrative Class 11, Western Australia;

(e) Regional Director, Clerical/Administrative Class 10, South Australia and Northern Territory;

(f) Regional Director, Clerical/Administrative Class 9, Tasmania.”.

Security

4. Regulation 4 of the Principal Regulations is amended by omitting “the Schedule” and substituting “Schedule 1”.

Draught marks

5. Regulation 5 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “length” and substituting the following definition:

“ ‘length’, in relation to a ship, means—

(a) in the case of a ship to which the Navigation (Tonnage Measurement) Regulations apply—the tonnage length of the ship as ascertained in accordance with those Regulations; or

(b) in any other case—the length of the ship as ascertained in accordance with orders made in pursuance of sub-regulation 3 (4) of the Navigation (Orders) Regulations;”;

(b) by omitting from sub-regulation (1) the definition of “prescribed officer” and substituting the following definition:

“ ‘relevant authority’ means a person for the time being occupying, or performing the duties of, any of the following positions in the Department—

(a) Regional Director, Senior Executive Level 1, Queensland;

(b) Regional Director, Clerical/Administrative Class 11, New South Wales;

(c) Regional Director, Clerical/Administrative Class 11, Victoria;

(d) Regional Director, Clerical/Administrative Class 11, Western Australia;

(e) Regional Director, Clerical/Administrative Class 10, South Australia and Northern Territory;

(f) Regional Director, Clerical/Administrative Class 9, Tasmania.”;

(c) by omitting from paragraph (3) (d) “a prescribed officer” and substituting “the Chief Naval Architect in the Department”;

(d) by omitting sub-regulation (5) and substituting the following sub-regulation:

“(5) A fee is not payable under these Regulations in relation to the inspection of, or the grant of a certificate in respect of, a ship under sub-regulation (7) if that inspection is carried out in conjunction with:

(a) the measurement of the ship under the Navigation (Tonnage Measurement) Regulations;

(b) the inspection of the markings placed on the ship in accordance with section 26 of the Shipping Registration Act; or

(c) the measurement of the ship as ascertained in accordance with orders made in pursuance of sub-regulation 3 (4) of the Navigation (Orders) Regulations.”; and

(e) by omitting from sub-regulation (9) “prescribed officer” and substituting “relevant authority”.

6. After regulation 5 of the Principal Regulations the following regulation is inserted:

Prescribed countries

“6. For the purposes of each of the provisions of the Act specified in Part I of Schedule 3, each country specified in Part II of that Schedule is a prescribed country.”.

Schedule 3

7. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 3 Regulation 6

PART I

PROVISIONS REFERRING TO A PRESCRIBED COUNTRY

Sub-section 6 (1) (definition of “proper authority”), sub-section 62A (3), paragraph 128 (2) (c), sub-sections 329C (1) and (2), paragraphs 329C (3) (d) and (e), sub-section 366 (2), paragraph 383 (1) (a), sub-section 400 (1).

PART II

PRESCRIBED COUNTRIES

Antigua and Barbuda	Kenya	Sierra Leone
Bahamas	Kiribati	Singapore
Bangladesh	Lesotho	Solomon Islands
Barbados	Malawi	Sri Lanka
Belize	Malaysia	Swaziland
Botswana	Maldives	Tanzania
Canada	Malta	Tonga
Cyprus	Mauritius	Trinidad and Tobago
Dominica	Nauru	Tuvalu
Fiji	New Zealand	Uganda
Gambia	Nigeria	United Kingdom
Ghana	Papua New Guinea	Vanuatu
Grenada	Saint Christopher and Nevis	Western Samoa
Guyana	Saint Lucia	Zambia
India	Saint Vincent and the Grenadines	Zimbabwe
Jamaica	Seychelles

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 November 1985.

2. Statutory Rules 1963 No. 98 as amended by 1964 No. 38; 1965 No. 113; 1972 No. 116; 1974 No. 83; 1975 Nos. 112 and 114; 1977 No. 191; 1978 No. 221; 1979 No. 238; 1981 Nos. 91 and 367; 1982 No. 25.

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