Statutory Rules
1978 No. 220
REGULATIONS UNDER THE NAVIGATION ACT 1912*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this fourteenth day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (GRAIN) REGULATIONS†
Parts
1. Regulation 3 of the Navigation (Grain) Regulations is repealed.
Interpretation
2. Regulation 4 of the Navigation (Grain) Regulations is amended—
(a) by inserting in sub-regulation (1) after the definition of “ approved grain loading plan ” the following definition:
“ ‘ authorized officer ’, for a State or Territory, means a person holding, or for the time being performing the duties of, an office in the Department of Transport that is specified for that State or Territory for the purposes of this definition by the Minister by instrument in writing;”; and
(b) by omitting from sub-regulation (1) the definition of “ Regional Controller ”.
3. Regulation 8 of the Navigation (Grain) Regulations is repealed and the following regulation substituted:
* Notified in the Commonwealth of Australia Gazette on 21 November 1978.
† Statutory Rules 1968 No. 33 as amended by Statutory Rules 1973 No. 28; 1975 No. 109; 1976 No. 278; and 1977 No. 267.
Interpretation of Part II
“ 8. In this Part, ‘ prescribed authority’ means—
(a) in relation to the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart—an authorized officer for the State in which the port is situated; and
(b) in relation to any other port in a State or Territory—an authorized officer for the State or Territory or the person appointed by that authorized officer by instrument in writing to represent him at the port.”.
Shifting boards
4. Regulation 19 of the Navigation (Grain) Regulations is amended by omitting sub-paragraph (i) of paragraph (b) and substituting the following sub-paragraph:
“ (i) constructed in accordance with a method approved by an authorized officer for a State or Territory; and ”.
Production of approved grain loading plans
5. Regulation 32 of the Navigation (Grain) Regulations is amended by omitting “ a Regional Controller, surveyor or ” and substituting “ an authorized officer for a State or Territory, a surveyor or a ”.
Second Schedule
6. The Second Schedule to the Navigation (Grain) Regulations is amended by omitting paragraph (c) of sub-item (2) of item 23 and substituting the following paragraph:
“ (c) in such other manner as is approved by an authorized officer for a State or Territory.”.
Savings
7. Nothing in these Regulations affects the validity or efficacy of an approval or authorization, or a notice, notification, requirement or request, given or made under the Navigation (Grain) Regulations as in force immediately before the commencement of these Regulations and, for the purposes of the application to such an approval or authorization or such a notice, notification, requirement or request of the Navigation (Grain) Regulations as amended by these Regulations, a reference to “ Regional Controller ” in the approval, authorization, notice, notification, requirement or request shall be read as a reference to “ authorized officer ” as defined by those Regulations as so amended.