STATUTORY RULES.
1962. No. 87.
REGULATIONS UNDER THE LIGHTHOUSES ACT 1911-1957.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Lighthouses Act 1911-1957.
Dated this twentieth day of September, 1962.
DALLAS BROOKS
Administrator.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendments of the Lighthouses and Light Dues Regulations.†
Commencement
1. These Regulations shall come into operation on the first day of October, 1962.
Rate of light dues.
2. Regulation 15 of the Lighthouses and Light Dues Regulations is amended by omitting the words “One shilling” and inserting in their stead the words “One shilling and threepence”.
3. Regulation 17 of the Lighthouses and Light Dues Regulations is repealed and the following regulation inserted in its stead:—
Refund of light dues.
“17.—(1.) Where a ship in respect of which light dues have been paid for a quarter in accordance with sub-regulation (1.) of the last preceding regulation has been prevented from putting to sea for a continuous number of days exceeding thirty, any one of which occurs in that quarter, a Collector may refund in respect of each such day that occurs in that quarter an amount ascertained by dividing by ninety-one the amount of light dues paid in respect of the ship for that quarter.
“(2.) Where—
(a) light dues have been paid in respect of a ship in accordance with paragraph (a) or paragraph (b) of sub-regulation (3.) of the last preceding regulation;
(b) light dues have also been paid in respect of the ship in accordance with paragraph (c) of that sub-regulation; and
(c) the ship has been prevented from putting to sea from a port in Australia for a continuous number of days exceeding thirty, any one of which occurs in the period of three months that commences on the day on which the light dues referred to in the last preceding paragraph became payable,
* Notified in the Commonwealth Gazette on 27th September, 1962.
† Statutory Rules 1952, No. 79, as amended by Statutory Rules 1956, No. 64; and 1957, No. 59.
7715/62,—Price 3d. 9/30.8.1962.
a Collector may refund in respect of each such day that occurs in that period of three months an amount ascertained by dividing by ninety-one the amount of light dues that became payable, under paragraph (c) of sub-regulation (3.) of the last preceding regulation, on the commencement of that period of three months.
“(3.) For the purposes of this regulation, a reference to a ship that has been prevented from putting to sea shall be read as a reference to a ship that has been prevented from putting to sea—
(a) by reason of the fact that it was out of commission;
(b) by reason of the fact that it was laid up for repairs; or
(c) consequent upon an industrial dispute.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1962 No. 87, Regulations under the Lighthouses Act 1911-1957, were enacted by the Administrator of the Government of the Commonwealth of Australia, in accordance with advice from the Federal Executive Council. These regulations, which came into effect on 1 October 1962, aim to amend the existing Lighthouses and Light Dues Regulations to adjust the rate of light dues and establish a procedure for the refund of light dues under certain conditions. The primary objective of these regulations is to provide a mechanism for refunding light dues to ships that have been prevented from putting to sea for an extended period due to circumstances such as being out of commission, undergoing repairs, or due to an industrial dispute.
Scope and Application
The Regulations under the Lighthouses Act 1911-1957, enacted in 1962, primarily apply to vessels that are subject to light dues in Australia, governing the fees and conditions under which these dues are charged and potentially refunded. The scope of these regulations encompasses all ships that require payment of light dues, whether for entering Australian waters or for docking in Australian ports. The regulations apply nationally across all Australian states and territories, as they are made under the Commonwealth’s authority. The Regulations amend and repeal certain provisions of the existing Lighthouses and Light Dues Regulations, specifically adjusting the rate of light dues and introducing new conditions for refunds. These changes became effective from 1 October 1962 and are applicable to all vessels that fall under the purview of the amended regulations. The Regulations also allow for refunds under specific circumstances where ships are prevented from putting to sea due to being out of commission, under repair, or due to industrial disputes, thereby providing some flexibility and relief in the dues structure.
Key Provisions
The principal amendments and provisions introduced by these Regulations under the Lighthouses Act 1911-1957, as detailed in Statutory Rules 1962, No. 87, primarily focus on the rate of light dues and the conditions for refunds of these dues. Regulation 2 of these new rules changes the rate of light dues by replacing "One shilling" with "One shilling and threepence" as outlined in Regulation 15 of the previous Lighthouses and Light Dues Regulations. Regulation 3 introduces a new refund process under Regulation 17, replacing the previous regulation that is repealed. This new regulation allows for refunds of light dues under specific conditions.
These Regulations impose specific obligations on Collectors who are responsible for administering the light dues. Under the new Regulation 17, Collectors must refund light dues to ships that have been prevented from putting to sea for continuous periods exceeding thirty days, within the relevant quarter or three-month period. The refund amount is determined by dividing the light dues paid by ninety-one for each day the ship was unable to sail. This obligation extends to situations where the ship was out of commission, laid up for repairs, or affected by an industrial dispute.
Breach of the provisions within these Regulations could lead to legal consequences, though the specific nature of these consequences is not detailed in the Regulations themselves. Generally, failure to adhere to the stipulated processes for refunding light dues could result in civil liabilities for the Collectors or the administering authorities. Additionally, if these Regulations are interpreted to have implications for maritime operations, non-compliance might indirectly affect the safety and operational readiness of maritime vessels, potentially leading to further regulatory or legal scrutiny. However, the Regulations do not explicitly outline criminal or civil penalties for non-compliance.