Navigation (Tonnage Measurement) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1981

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Navigation (Tonnage Measurement) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Navigation Act 1912.

Dated 19 August 1982.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport and Construction

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Interpretation

1. Regulation 3 of the Navigation (Tonnage Measurement) Regulations is amended—

(a) by inserting after the definition of "second deck" in sub-regulation (1) the following definition:

'' 'ship' means a ship other than—

(a) a ship to which the Tonnage Measurement Convention applies; or

(b) any other ship the ascertainment of the tonnage of which is provided for by orders made in pursuance of regulations made by virtue of section 405E of the Act;";

(b) by inserting after sub-regulation (1) the following sub-regulation:

"(1A) Words and expressions used in these Regulations and in Part XA of the Act have in these Regulations, unless the contrary intention appears, the same respective meanings as they have in that Part."; and

(c) by inserting after sub-regulation (2) the following sub-regulations:

"(2A) For the purposes of these Regulations an unregistered ship flying the flag of a country shall be deemed to be registered in that country.

"(2B) Where a ship in the course of construction, or the construction of which has been completed, has not been registered and is not flying the flag of a country, but is intended to be registered in a particular country, the ship shall, for the purposes of these Regulations, be deemed to be registered in that country.".

2. After regulation 3 of the Navigation (Tonnage Measurement) Regulations the following regulation is inserted:

Variation in gross tonnage that is deemed substantial

"3a. For the purpose of determining whether a ship that has undergone alterations or modifications is a ship to which, in accordance with paragraph (2) of Article 3 of the Tonnage Measurement Convention, that Convention applies, a variation in the gross tonnage of such a ship shall be deemed to be a substantial variation if the gross tonnage of the ship is measured under these Regulations and the variation in the gross tonnage, expressed as a percentage of the gross tonnage of the ship before it underwent the alterations or modifications, is not less than 10 per cent.".

Purposes for which tonnage ascertained in accordance with these Regulations is applicable

3. Regulation 4 of the Navigation (Tonnage Measurement) Regulations is amended—

(a) by omitting paragraphs (1) (a), (b) and (c);

(b) by omitting from paragraph (1) (d) "other";

(c) by omitting paragraphs (2) (a) and (b); and

(d) by omitting from paragraph (2) (c) "other" (first occurring).

Special tonnages

4. Regulation 21 of the Navigation (Tonnage Measurement) Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:

"(2)The purpose of this Part is to permit, in relation to a ship, the ascertainment of the several classes of tonnage referred to in any of the paragraphs of sub-regulation (1) and the provisions in accordance with which those classes of tonnages are to be ascertained are the provisions of, and referred to in, this Part.".

Remeasurement where ship is altered or tonnage not correctly ascertained

5. Regulation 25 of the Navigation (Tonnage Measurement) Regulations is amended by inserting in sub-regulation (3) "if the ship is a ship within the meaning of these Regulations," after "sub-regulation (2),".

Carriage of goods in certain spaces prohibited

6. Regulation 26 of the Navigation (Tonnage Measurement) Regulations is amended by omitting from sub-regulation (2) the penalty set out at the foot thereof and substituting the following penalty:

"Penalty—

(a) if the offender is a natural person—$2,000 or imprisonment for a period of 12 months, or both; or

(b) if the offender is a body corporate—$5,000.".

Schedule 7

7. Schedule 7 to the Navigation (Tonnage Measurement) Regulations is amended by omitting from Form 1 "*Regulation 18 (modified tonnages)" and substituting:

"*Part II (gross and register tonnages)

*Regulation 18 (modified tonnages)".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 August 1982.

2. Statutory Rules 1976 No. 250 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 27 and see also