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

Statutory Rules 1982 No. 271

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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 22 January 1982.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

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Interpretation

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

(a) by inserting after the definition of "propelling machinery space" in sub-regulation (1) the following definition:

" 'Registrar' has the same meaning as in the Shipping Registration Act;";

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

" 'Shipping Registration Act' means the Shipping Registration Act 1981;";

(c) by omitting from sub-regulation (1) the definition of "the Merchant Shipping Act"; and

(d) by adding at the end thereof the following sub-regulation:

"(4) A reference in a form in Schedule 7 to the length, the moulded depth amidships or the name of a ship, or the place or year of construction of a ship, shall be taken to have the same meaning as such a reference in the Shipping Registration Regulations.".

Purposes for which tonnage ascertained in accordance with Regulations is applicable

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

(a) by omitting from sub-regulations (1) and (2) "in Australia under the Merchant Shipping Act" and substituting "under the Shipping Registration Act"; and

(b) by omitting from sub-regulations (3) and (4) " sub-regulation 9 (1) or (2)" and substituting "regulation 9".

Certificate of Survey

3. Regulation 8 of the Navigation (Tonnage Measurement) Regulations is amended by omitting "Registrar of British Ships at the port of registry, or intended port of registry, of the ship" and substituting "Registrar".

Australian Tonnage Certificate

4. Regulation 9 of the Navigation (Tonnage Measurement) Regulations is amended—

(a) by omitting sub-regulations (1) and (2) and substituting the following sub-regulation:

"(1) The Minister shall issue to the owner of a ship the tonnage of which has been ascertained in accordance with these Regulations an Australian Tonnage Certificate in accordance with Form 3, 4 or 5, as the case requires.";

(b) by omitting from paragraph (3) (a) "Certificate of British Tonnage" and substituting "certificate, being a Certificate of British Tonnage or an Australian Tonnage Certificate,";

(c) by omitting from paragraph (3) (b) "Certificate" and substituting "certificate";

(d) by omitting from sub-regulation (3) "that Certificate" and substituting "that certificate"; and

(e) by omitting from sub-regulation (4) "Certificate" and substituting "certificate".

Remeasurement of tonnage

5. Regulation 24 of the Navigation (Tonnage Measurement) Regulations is amended—

(a) by omitting from sub-regulation (1) "in Australia under the Merchant Shipping Act" and substituting "under the Shipping Registration Act"; and

(b) by omitting from sub-regulation (3) "Registrar of British Ships at the port of registry of the ship" and substituting "Registrar".

Remeasurement where ship is altered or tonnage not correctly ascertained

6. Regulation 25 of the Navigation (Tonnage Measurement) Regulations is amended—

(a) by omitting from sub-regulation (1) "Minister" and substituting "owner of the ship";

(b) by omitting from sub-regulation (2) "sub-regulation 9 (1) or (2)" and substituting "regulation 9";

(c) by omitting from sub-regulation (3) "a Certificate of British Tonnage" and substituting "an Australian Tonnage Certificate";

(d) by omitting from sub-regulation (3) ", in the case of a ship registered in Australia, the tonnages that have been registered in respect of the ship or certifying, in the case of a ship not registered in Australia,"; and

(e) by omitting sub-regulation (4) and substituting the following sub-regulation:

"(4) A certificate under this regulation shall be deemed to be an Australian Tonnage Certificate issued under regulation 9.".

Schedule 6

7. Schedule 6 to the Navigation (Tonnage Measurement) Regulations is amended—

(a) by inserting after the definition of "alternative tonnage" in sub-item 1 (1) the following definitions:

" 'Australian ship' means a ship of a kind referred to in section 7a of the Act;

'Australian tonnage', in relation to a ship, means

(a) the Part II tonnage of the ship; and

(b) any tonnages of the ship ascertained in accordance with Part III of these Regulations;

'foreign ship' means a ship other than an Australian ship;";

(b) by omitting sub-item 1 (3);

(c) by omitting from item 2 ''"Measurement for British Tonnage"" and substituting "''Measurement for Australian Tonnage"":

(d) by omitting from paragraphs 2 (1) (a), 2(1) (b), 2 (2) (a) and 2 (2) (b), sub-item 2 (3), and paragraphs 2 (4) (a), 2 (4) (b), 2 (5) (a) and 2 (5) (b) "British" and substituting "Australian";

(e) by omitting from sub-item 2 (15) "British tonnage certificate" and substituting "Australian Tonnage Certificate"; and

(f) by omitting from sub-items 2 (16) and 3 (1), (2), (3) and (4) "British" and substituting "Australian".

Schedule 7

8. Schedule 7 to the Navigation (Tonnage Measurement) Regulations is amended—

(a) by omitting from Form 1 all the words from and including "*Name of Ship" to and including "Name and Address of Owner" and substituting the following words:

"Name of Ship [or, if unnamed, Builder's identification]:

Official number (if any):

Method of propulsion:

Means of power transmission (if any):

Place of construction:

Year of construction:

Name and address of builder:

Name and address of owner:";

(b) by omitting from Form 2 all the words, and the table, after the heading "CERTIFICATE OF SURVEY FOR TONNAGE" and before "GROSS TONNAGE" (first occurring) and substituting the following headings, table and words:

"PARTICULARS OF SHIP

PARTICULARS OF TONNAGE

The tonnages of this ship as ascertained in accordance with the Navigation (Tonnage Measurement) Regulations are:":

 

(c) byomitting from Form 2 all the words from and including ", and that its name"1, to and including "under that Act";

(d) byomitting from Form 2 all the words from and including "Nominal Power" to and including "set of engines." and substituting

"Aggregate power of all engines—

Brake: kW Indicated: kW Shaft: kW Estimated speed of ship: kn";

(e) by omitting from the heading to Form 3 "BRITISH" and substituting "AUSTRALIAN";

(f) by omitting from Form 3

"Name of Ship

Port of Registry

Official Number

Register Dimensions"

and substituting

"Name of ship (if any):

Home port or port of registry (if any):

Official number (if any):

Length: m

Maximum breadth: m

Moulded depth amidships: m";

(g) by omitting from the heading to Form 4"BRITISH" and substituting "AUSTRALIAN";

(h) by omitting from Form 4

"Name of Ship

Port of Registry

Official Number

Register Dimensions"

and substituting

"Name of ship (if any):

Home port or port of registry (if any):

Official number (if any):

Length: m

Maximum breadth: m

Moulded depth amidships:  m";

(j) by omitting from the heading to Form 5 "BRITISH" and substituting "AUSTRALIAN"; and

(k) by omitting from Form 5—

"Name of Ship

Port of Registry

Official Number

Register Dimensions"

and substituting—

"Name of ship (if any):

Home port or port of registry (if any):

Official number (if any):

Length: m

Maximum breadth: m

Moulded depth amidships: m''.

Transitional

9. A certificate issued under regulation 9 of the Navigation (Tonnage Measurement) Regulations and in force immediately before the day on which these Regulations came into operation has effect, on and after that day, as if the certificate had been issued under that regulation as in force on that day.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 January 1982.

2. Statutory Rules 1976 No. 250 as amended by 1977 No. 274; 1978 No. 35; 79 No. 200; 1981 No. 293.