Road and Air Transport Commission Act Amendment Act 1970 (WA)

No. 64.1 Road and Air Transport [1970.

Commission.

ROAD AND AIR TRANSPORT

COMMISSION.

No. 64 of 1970.

AN ACT to amend the Road and Air Transport

Commission Act, 1966-1968.

[Assented to 17th November, 1970.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title	1. (1) This Act may be cited as the Road and
and citation.

Air Transport Commission Act Amendment Act,

1970.

(2)In this Act the Road and Air Transport Com- mission Act, 1966-1968, is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Transport Commission Act, 1966-

1970.] Road and Air Transport [No. 64.

Commission.

Commence.

2. This Act shall come into operation on a date to be fixed by proclamation after the Queen's

ment. Vide

Royal

instructions of 29/10/1900

approval thereto has been proclaimed in the State.

CL VII(5)

MK.

Merchant

Shipping Act

1894 s.

Amendment

3. The long title to the principal Act is amended by adding after the word "Air" in line three the

to long

title.

words "and to control the operation of ships engaged

in the coasting trade".

Amendment

4. Section 3 of the principal Act is amended

to s. 3.

(Parts and

(a)	by adding after the figure "47" in line nine	Divisions.)
the letter "F"; and
(b)	by adding after line fifteen the following passage "Division 5—Ships--Ss. 47A-47F.".
Amendment

5. Section 32 of the principal Act is amended by deleting the words "as an omnibus" in lines two and

to s. 32.

(Omnibuses

to be

registered

three.

as motor vehicles.)

Division 5

6. The principal Act is amended by adding after section 47 the following heading and section

and s. 47A

added.

Interpreta-

Division 5.—Ships. tion.

47A. (1) In this Division, unless the con-

trary intention appears--

"master" in relation to a ship means the person having command or charge of the ship but does not include the pilot thereof;

"port" includes place and harbour;

"ship" means any vessel of a registered

tonnage of not less than eighty tons that is used in sea navigation and in- cludes barge, lighter or other floating vessel.

(2) A ship shall be deemed to be engaged in the coasting trade, within the meaning of this Division, if the ship takes on board cargo at any port in the State to be carried to, and delivered at, any other port in the State.

No. 64.] Road and Air Transport [1970.

Commission.

(3) For the purposes of this Division, each ship operated by or on behalf of the Western Australian Coastal Shipping Commission established under the Western Australian Coastal Shipping Commission Act, 1965, shall while it is so operated, be deemed to be author- ized under this Division to engage in the coast- ing trade and no licence or permit is required thereunder for such a ship while it is being so operated. .

S. 478

added. 7. The principal Act is amended by adding a

section as follows-

Authority

for ships to	47B. (1) Subject to this Division, a ship
engage in

coasting

shall not engage in the coasting trade unless

trade.

it is authorized to do so pursuant to a licence

or permit granted under this Division.

(2) The master, owner, charterer or agent of a ship that

(a)	engages in the coasting trade without the ship being so authorized; or
(b)	engages in the coasting trade contrary to the licence or permit authorizing it to engage in the coasting trade,

commits an offence against this Act.

Penalty: One thousand dollars.

(3) An application for a licence or permit for a ship to engage in the coasting trade may be made to the Commissioner in the prescribed form by the master, owner, charterer or agent of the ship.

(4) (a) The application shall specify-

(i)    the name, port of registry and official number of the ship;

(ii)   the name of its registered owner and master;

(iii)   the ports in the State between which it is desired to trade;

1970.] Road and Air Transport [No. 64.

Commission.

(iv)    whether the licence or permit to which the application relates is desired for the carriage of cargo only or both cargo and passengers and the kind and amount of cargo intended to be carried;

and

(v)    such other particulars as may be pre- scribed;

(b) Where an application is for a permit, the application shall also specify the voyage for which the permit is desired.

(5)

Where a licence has been granted under this Division in respect of a ship, the master, owner, charterer or agent thereof may, from time to time, make application to the Commis- sioner in the prescribed form for a renewal of the licence and the application shall be made not less than thirty days before the expiration of the period for which the licence was granted or renewed.

(6)

A licence or a renewal of a licence may be granted by the Commissioner for such period not exceeding three years as the Commissioner determines and specifies in the licence except where in relation to any particular licence or particular renewal of a licence, the Minister by instrument in writing directs that the licence or the renewal shall be granted for such period in excess of three years as the Minister specifies in the instrument.

(7)

A permit may be granted by the Com- missioner in respect of a single voyage only and between such two or more ports in the State as are specified in the permit.

(8) Such fee as may be respectively pre- scribed shall be payable for a licence, for a re- newal of a licence or for a permit granted under this section. .

No. 64.] Road and Air Transport [1970.

Commission.

S. 47C

added. 8. The principal Act is amended by adding a

section as follows-

Granting of

licences and	47C. (1) The Commissioner shall grant
permits in
certain

cases. (a) a licence or permit under this Division for a ship, if he is satisfied that-

(i)   the cargo to be carried by the ship in the course of the coasting trade to which the licence or permit will relate, and which is specified in the application for the licence or permit, is cargo of such a kind that none of the ships that are deemed to be authorized to engage in the coasting trade under this Division is technically suited to carry; or

(ii)  the Commission that controls the ships so authorized does not wish any of the ships to carry the cargo; or

(iii)    the cargo to be carried by the ship in the course of the coasting trade to which the licence or permit will relate and which is specified in the application for the licence or permit is cargo of such a kind that requires for the purpose of its loading onto, carriage in, or unloading from, the ship, specialised equipment that is in operation in the State for the purpose on the com- mencement of this section.

(b) a permit under this Division for a ship, if he is satisfied that-

(i) the cargo specified in the application for the permit is required for a purpose or operation that must be com- pleted, continued or carried out without interruption;

1970.] Road and Air Transport [No. 64.

Commission.

(ii)   in order to prevent the inter- ruption the cargo is required to be carried to a port so specified by a particular date or as near thereto as is practicable;

(iii)    the ship to which the application relates will be able to so carry the cargo; and

(iv)    none of the ships that are deemed to be authorized to engage in the coasting trade is available at the relevant time to so carry the cargo, or the Commission that controls the ships so authorized does not wish to arrange for the cargo to be so carried to that port.

(2) The Commissioner shall grant a licence or permit under this Division to engage in the coasting trade in any other case if, after con- sidering the application and having regard to

(a)	the extent to which the granting of the licence or permit is necessary or desirable in the public interest;
(b)	the needs of the port or ports specified in the application and the district in which they are situate in relation to the existing authorized coasting trade; and
(c)	the necessity, in the public interest, of protecting the public funds in operating ships deemed to be authorized to carry on the coasting trade, when the application is for a licence or permit to engage in the coasting trade in respect of a port or ports at which such ships call,

he is of opinion that it is necessary or desirable

to grant the licence or permit. .

No. 64.] Road and Air Transport [1970.

Commission.

S. 47D

added. 9. The principal Act is amended by adding a

section as follows-

Supervision. 47D. (1) For the purpose of ascertaining whether the provisions of this Division or any regulation relating thereto are being contra- vened, any person authorized for the purpose by the Commissioner by instrument in writing and whether so authorized generally or in any particular case, may go on board any ship and may request the person in charge or apparently in charge of the ship

(a)	to produce for inspection any licence or permit, if any, granted under this Division in respect of the ship, the manifest of the ship and any other document that the person so author- ized requires to inspect for the purpose;
(b)	to permit an inspection of the ship and the cargo loaded or being loaded into the ship; and
(c)	to state his name and address.

(2) A person who goes on board a ship pursuant to this section

(a)	may be accompanied and assisted by an interpreter where the records of the ship are kept in a language other than English; and
(b)	may cause any licence, permit, mani- fest of a ship or other document in- spected by him pursuant to this section, to be copied.

(3) A person who-

(a)	fails to produce the licence, permit, manifest of a ship or other document or does not allow any of them to be copied;
(b)	refuses to permit an inspection of a ship or its cargo;

1970.] Road and Air Transport [No. 64.

Commission.

(c)	refuses to state his name and address;
(d)	refuses to allow any person to go on board a ship who is authorized to do so under this Act,

after being requested so to do pursuant to this

section, commits an offence against this Act.

Penalty: Three hundred dollars. .

10. The principal Act is amended by adding a	S. 47E
added.

section as follows-

47E. A prosecution for an offence against	No limita-
tion from

this Act may be brought at any time. .

proceedings.

"This Act"

includes

regulations.

Vide s. 4

Act No. 30

of 1018.

S. 47F

11. The principal Act is amended by adding a added.

section as follows

47F. This Division shall be read and Construction of this

construed as being in addition to and not in Division.

derogation of or in substitution for any of the

provisions of the Western Australian Marine

Act, 1948. .

Amendment

12. Section 49 of the principal Act is amended by to s. 49.

adding a subsection as follows	members of(Powers of
Police Force and persons

(3) A person shall not authorizedby Commis-

(a) hinder or obstruct any person in the execution of any power or duty con-	sioner forPurpose of
whether
ascertaining

ferred on him by this Act, or lawfully	provisions of
Act or
performing such power or duty;	regulations
are being
con.-

(b)

threaten or intimidate or use improper travened.) acting.

Penalty: One hundred dollars. .