Colonial Light Dues (Rates) Regulations

Legislation au C1948L00147 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. .

 

REGULATIONS UNDER THE COLONIAL LIGHT DUES (RATES) ACT 1932-1936.*

WHEREAS by section 3 of the Colonial Light Dues (Rates) Act 1932-1936 it is provided that the Colonial light dues fixed by His Majesty the King in Council by Order made under section 670 of the Merchant Shipping Act 1894 on the seventeenth day of December, 1931, being in respect of each ship which passes and derives benefit from any lighthouse specified in the first part of the Schedule to the said Colonial Light Dues (Rates) Act 1932-1936 or from the buoy specified in that Schedule, at the rate of one penny per ton of the register tonnage of that ship for every occasion on which the ship passes and derives benefit from any of those lighthouses or from that buoy, are imposed with respect to each voyage of a ship, British or foreign, which is at any port, harbour or place in Australia and which, in the course of any voyage has passed and derived benefit from any of those lighthouses or from that buoy and in respect of which benefit the Collector is not satisfied that Colonial light dues have already been paid in some part of His Majesty’s Dominions:

And whereas it is further provided by section 3 of the said Colonial Light Dues (Rates) Act 1932-1936 that where any rate of Colonial Light dues is fixed by His Majesty by Order in Council in substitution for the rate specified in that section, and the imposition in the Commonwealth of the rate so fixed is authorized by the regulations, that Act shall thereupon have effect as if Colonial light dues were imposed in the Commonwealth at the rate so fixed in lieu of the rate, specified in that section, for which the rate so fixed is in substitution:

And whereas it is provided by section 5 of the said Colonial Light Dues (Rates) Act 1932-1936 that the Governor-General may, after His Majesty has, by Order in Council, fixed any rate of Colonial light dues in substitution for the rate specified in section 3 of that Act, make regulations authorizing the imposition in the Commonwealth of the rate so fixed:

And whereas by an Order in Council made under section 670 of the said Merchant Shipping Act 1894 on the twenty-sixth day of January, 1948, His Majesty the King in Council fixed a rate of Colonial light dues in substitution for the rate of such dues specified in section 3 of the Colonial Light Dues (Rates) Act 1932-1936 in respect of each ship which passes and derives benefit from any lighthouse specified in the first part of the Schedule to the said Colonial Light Dues (Rates) Act 1932-1936 or from the buoy specified in that Schedule:

 

* Notified in the Commonwealth Gazette on      , 1948.

5224.—Price 3d.        10/22.9.1948.


Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Colonial Light Dues (Rates) Act 1932-1936.

 

Dated this twelfth day of November, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

W. P. ASHLEY

Minister of State for Shipping and Fuel.

 

Colonial Light Dues (Rates) Regulations.

Citation.

1. These Regulations may be cited as the Colonial Light Dues (Rates) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“the Act” means the Colonial Light Dues (Rates) Act 1932-1936;

“the Merchant Shipping Act” means the Imperial Act known as the Merchant Shipping Act 1894.

Authorization of imposition of substituted rate.

3. The imposition in the Commonwealth of Colonial light dues at the rate fixed in substitution for the rate specified in section 3 of the Act by His Majesty the King in Council by Order made under section 670 of the Merchant Shipping Act on the twenty-sixth day of January, 1948, being dues in respect of each ship which passes and derives benefit from any lighthouse specified in the first part of the Schedule to the Act or from the buoy specified in that Schedule, is authorized at the rate of three pence per ton of the register tonnage of that ship for every occasion on which the ship passes and derives benefit from any of those lighthouses or from that buoy.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Colonial Light Dues (Rates) Regulations 1948 were enacted as a legislative instrument to formalise the imposition of colonial light dues in the Commonwealth following a change in rates set by an Order in Council under the Merchant Shipping Act 1894. Enacted by the Governor-General, this regulation was established in response to the need to update the dues rates as specified in the Colonial Light Dues (Rates) Act 1932-1936. The regulation authorised the imposition of light dues at a new rate of three pence per ton of the register tonnage of each ship that benefits from specified Australian lighthouses or buoys, aligning with the updated rates set by the Order in Council on 26 January 1948. This legislative instrument ensures that the updated dues are correctly imposed on ships passing and deriving benefit from Australian maritime aids, thereby maintaining maritime safety and navigation services.

Scope and Application

The Colonial Light Dues (Rates) Regulations, established under the Colonial Light Dues (Rates) Act 1932-1936, applies to ships, both British and foreign, that derive benefit from specified lighthouses or buoys in Australian ports, harbours, or places during their voyages. The regulations authorize the imposition of Colonial light dues at a substituted rate of three pence per ton of the ship’s register tonnage for each occasion the ship passes and benefits from these aids to navigation. This applies within the Commonwealth of Australia and follows the substitution of dues rates fixed by the King in Council under the Merchant Shipping Act 1894. The regulations are made pursuant to the authority granted by the Governor-General in Council and do not include any specific exclusions or exemptions, thereby extending the application of the substituted rates across the entire jurisdictional reach of the Commonwealth. The application of these rates is further defined and potentially extended through subordinate instruments as necessary.

Key Provisions

The Colonial Light Dues (Rates) Regulations 1948, under the Colonial Light Dues (Rates) Act 1932-1936, outline the procedure for imposing a substituted rate of Colonial light dues as per an Order in Council issued on 26 January 1948. This regulation authorises the imposition of these dues at a rate of three pence per ton of the ship's registered tonnage for each instance a ship benefits from specified Australian lighthouses or buoys. This substitution replaces the previously fixed rate as stipulated in section 3 of the Act. The regulations also clarify that the Act will remain in effect with the new rates, should the substituted rates be authorised through regulation (section 3). Under these regulations, entities responsible for collecting the Colonial light dues must ensure that the substituted rate is applied to ships that have passed and derived benefit from the designated Australian lighthouses or buoys during their voyages. The ship owners or operators are required to ensure that the appropriate dues are paid when entering Australian ports, harbours, or places. The Collector of Customs has a duty to verify whether these dues have been paid elsewhere in His Majesty's Dominions, and if not, to collect the dues at the rate prescribed in the regulations (section 3). Failure to comply with the regulations and pay the required Colonial light dues can lead to civil or criminal consequences. While the specific penalties are not detailed in the regulations, the Act under which these regulations are made may provide for penalties such as fines or other sanctions for non-compliance. It is essential for the ship owners, operators, and the Collector of Customs to adhere to these regulations to avoid any legal repercussions.

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Authorization of imposition of substituted rate

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.