Shipping Registration Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4301

Shipping Registration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Shipping Registration Act 1981.

Dated 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister of State for Shipping and Aviation Support

 

1. Amendment

1.1 The Shipping Registration Regulations are amended as set out in these Regulations.

 

2. Regulation 2 (Interpretation)

2.1 Subregulation 2 (1) (definition of “moulded depth amidships”):

Omit “ship, as ascertained in accordance with the Navigation (Load Lines) Regulations—”, substitute “ship:”.

2.2 Subregulation 2 (1) (definition of “prescribed office”):

Omit the definition, substitute:

“‘prescribed office’ means:

(a) a Marine Survey Office maintained by the Authority at a port in Australia; or

(b) the office of a proper officer;”.

2.3 Subregulation 2 (1):

Insert:

“‘moulded depth’ of a part of a ship, means the vertical distance measured at that part of the ship from the top of the keel to the underside of the upper deck at side, except that:

(a) if the ship is constructed of wood or composite material, the distance is measured from the lower edge of the keel rabbet; and

(b) if the form of the lower part of the midship section of the ship is of a hollow character or if thick garboards are fitted, the distance is measured from the point at which the line of the flat of the bottom continued inwards intersects the side of the keel; and

(c) if the ship has rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and

(d) if the upper deck of the ship is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part;”.

3. Regulation 5 (Lodgment of documents)

3.1 Paragraph 5 (b):

Omit “or a mortgage instrument,”, substitute “a mortgage instrument or a caveat,”.

 

4. Regulation 6 (Service etc. of documents)

4.1 Subregulation 6 (1):

Omit “or telegram,”, substitute “or by telegram or facsimile transmission,”.

5. Regulation 6a (Tonnage Length)

5.1 Subregulation 6a (3):

Omit the subregulation, substitute:

“(3) In this regulation, ‘least moulded depth’ of a ship means the shortest measurable moulded depth of the ship.”.

6. Regulation 10 (Tonnage measurement of ship before registration)

6.1 Omit the regulation, substitute:

Prescribed class of ships not required to be measured for tonnage

“10. For the purposes of subsection 16 (2) of the Act, there is prescribed a class of ships, each of which is a ship to which the Tonnage Measurement Convention, within the meaning of Part Xa of the Navigation Act, does not apply, being ships in respect of which a certificate relating to tonnage measurement:

(a) has not been issued under that Act; or

(b) does not otherwise have effect under that Act.”.

7. Regulation 11 (Entry of particulars in Register)

7.1 Paragraph 11 (1) (m):

Omit the paragraph.

7.2 Subregulation 11 (3):

Omit the subregulation.

8. Regulation 17 (Temporary Passes)

8.1 Paragraph 17 (1) (o):

Omit “voyage;”, substitute “voyage; and”.

8.2 Paragraphs 17 (1) (p) and (q):

Omit the paragraphs, substitute:

“(p) the reasons for seeking the grant of the pass.”.

 

9. Regulation 20 (Marking of Ships)

9.1 Subparagraph (1) (b) (ii):

Add at the end “or”.

9.2 Paragraph (1) (b):

Add at the end:

“(iii) if compliance with subparagraph (i) or (ii) is not practicable—on such other part or parts of the ship as the Registrar permits;”.

9.3 Subregulation (5):

Omit all the words from and including “in writing”, substitute “in writing, exempt the ship, or ships included in the class of ships, from the requirements specified in the instrument, subject to compliance with the conditions (if any) specified in the instrument.”.

10. Regulation 35 (Home ports)

10.1 Subregulations 35 (1), (2) and (4):

Omit “Minister” (wherever occurring), substitute “Authority”.

11. Regulation 38 (Fees)

11.1 Subregulation (2):

Omit the subregulation.

12. Regulation 41 (Entries in Register)

12.1 Subregulation 41 (1):

Omit the subregulation, substitute:

“(1) The Register must contain in respect of each entry of a matter under subsection 56 (1) of the Act:

(a) the date the entry was made; and

(b) authentication of the entry by signature, or other suitable means, by the Registrar or a Deputy Registrar.

 

13. Schedule 2 (Prescribed forms)

13.1 Form 1:

Omit all the words after “by persons”, substitute:

“claiming a legal proprietary right in respect of the ship, should, together with any relevant documents that will verify the claim, be delivered to the Registrar of Ships at the Australian Shipping Registration Office, [street address], or sent by properly prepaid post to the Registrar of Ships at [postal address] before the expiry of the period referred to above.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1981 No.363 as amended by 1982, No. 181; 1983, No.211; 1984 No.273; 1985 No. 262; 1986, Nos.267 and 268; 1987 No.234; 1988, No.237; 1989 No.384; 1990 No.313