STATUTORY RULES
1916. No. 55.
PROVISIONAL REGULATION UNDER THE LIGHTHOUSES ACT 1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation under the Lighthouses Act 1911 should come into operation from the 1st April, 1916, and make the Regulation to come into operation accordingly as a Provisional Regulation.
Dated this nineteenth day of April, One thousand nine hundred and sixteen,
R. M. FERGUSON,
Governor-General
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Commonwealth Light Dues Regulations.
Regulation 4 (1) (b) of the Commonwealth Light Dues Regulations 1915 (Statutory Rules 1915, No. 96) is hereby repealed, and the following Regulation is inserted in its stead:—
“4. (1) (b) In other cases at the port in Australia in which the ship is at the expiration of a period of three months from the date of the last payment of light dues in accordance with these Regulations or, in the case of ships not then in port, at the first port at which the ship arrives after the expiration of the said period.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.4714.—Price 3d.
Overview
The Commonwealth Light Dues Regulations 1916 were introduced as a provisional regulation under the Lighthouses Act 1911, enacted to address urgent issues surrounding the payment of light dues by ships in Australian ports. The Governor-General, in accordance with the advice of the Federal Executive Council, certified the regulation on account of its urgency and established its operation from 1 April 1916. This legislative instrument was created to amend Regulation 4(1)(b) of the Commonwealth Light Dues Regulations 1915, replacing the previous regulation to clarify the timing and location of dues payments for ships that have not paid light dues within the specified period. The policy objective was to ensure consistency and clarity in the collection of light dues across Australian ports, thus supporting the administration of maritime navigation and safety.
This provisional regulation was printed and published by the Government of the Commonwealth of Australia, with Albert J. Mullett serving as the Government Printer for the State of Victoria. The enactment of this regulation demonstrates the Commonwealth's commitment to maintaining efficient and effective maritime regulations, ensuring the safety and navigation of vessels in Australian waters.
Scope and Application
The Provisional Regulation under the Lighthouses Act 1911, certified by the Governor-General on 19 April 1916, applies to the Commonwealth of Australia and governs the payment of light dues for vessels entering Australian ports. The regulation is specifically concerned with the timeframes and locations at which such dues should be paid. It targets shipowners and masters of vessels entering Australian ports, ensuring compliance with maritime regulations. The regulation extends across all ports in Australia, establishing a uniform standard for the payment of light dues. It replaces previous provisions and sets forth that light dues must be paid at the port where the ship is located after three months from the last payment or at the first port of arrival if the ship is not in port after this period. This regulation does not include any stated exclusions or exemptions, and its application is comprehensive across all Australian ports, thereby ensuring a consistent approach to the enforcement of maritime dues. The regulation is enacted with urgency, underscoring the importance of maintaining maritime safety and infrastructure through timely payment of dues.
Key Provisions
The main operative sections of the Provisional Regulation under the Lighthouses Act 1911 primarily concern the payment of light dues for ships entering Australian ports. Regulation 4(1)(b) specifies the conditions under which these dues must be paid. According to the regulation, ships must pay light dues at the Australian port where they are located at the end of a three-month period from the last payment, or at the first port they arrive at after this three-month period if they are not already in a port. This regulation aims to ensure that maritime entities consistently contribute to the maintenance and operation of lighthouses and other navigational aids.
The obligations imposed by the Act on the parties it governs, particularly ship owners and operators, include timely payment of light dues as outlined in the regulation. Ship owners must ensure that their vessels comply with the dues payment requirements, which are intended to support the infrastructure necessary for safe maritime navigation. Failure to adhere to these payment terms could potentially impact the vessel’s ability to operate in Australian waters, as the government uses these funds to maintain critical navigational aids.
Any breach of the provisions outlined in the Provisional Regulation may result in civil or criminal consequences. While the specific penalties are not detailed within the regulation itself, under the Lighthouses Act 1911, failure to pay light dues could lead to fines and legal action. The exact penalties for non-compliance would be determined by the courts, taking into account the severity and frequency of the breach. These legal repercussions underscore the importance of adhering to the stipulated payment terms to avoid potential legal and financial consequences.