STATUTORY RULES.
1962. No. 88.
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REGULATIONS UNDER THE NAVIGATION ACT 1912-1961.*
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 Navigation Act 1912-1961.
Dated this twentieth day of September, 1962.
Administrator.
By His Excellency’s Command,
Minister of State for Shipping and Transport
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Amendments of the Navigation (Load Lines) Regulations.†
Fees.
1. Regulation 25 of the Navigation (Load Lines) Regulations is amended by omitting from paragraphs (b) and (ba) of the proviso to sub-regulation (1.) the words “Four pounds fifteen shillings” and inserting in their stead the words “Seven pounds”.
Fourth Schedule.
2. The Fourth Schedule to the Navigation (Load Lines) Regulations is repealed and the following Schedule inserted in its stead:—
Regulation 25.
THE FOURTH SCHEDULE.
SCALE OF FEES.
Gross Tonnage. | Fees. |
Classed Ships. | Unclassed Ships. |
Column 1. Issue of Certificate. | Column 2. Renewal of Certificate. | Column 3. Annual Survey. | Column 4. Issue of Certificate. | Column 5. Renewal of Certificate. | Column 6. Annual Survey. |
| £ | £ | £ | £ | £ | £ |
Under 100 tons................................. | 10 | 4 | 4 | 39 | 39 | 6 |
100 tons and under 300 tons...................... | 15 | 5 | 5 | 52 | 52 | 7 |
300 tons and under 500 tons...................... | 21 | 7 | 7 | 72 | 72 | 10 |
500 tons and under 1,000 tons..................... | 25 | 9 | 9 | 96 | 96 | 13 |
1,000 tons and under 1,500 tons ..................... | 32 | 12 | 12 | 123 | 123 | 16 |
1,500 tons and under 2,000 tons..................... | 37 | 13 | 13 | 143 | 143 | 19 |
2,000 tons and under 2,500 tons..................... | 40 | 14 | 14 | 162 | 162 | 21 |
2,500 tons and under 3,000 tons..................... | 44 | 15 | 15 | 182 | 182 | 23 |
3,000 tons and under 4,000 tons..................... | 47 | 16 | 16 | 200 | 200 | 26 |
4,000 tons and under 5,000 tons..................... | 53 | 17 | 17 | 220 | 220 | 26 |
5,000 tons and under 6,000 tons..................... | 57 | 17 | 17 | 239 | 239 | 26 |
6,000 tons and under 7,000 tons..................... | 60 | 18 | 18 | 259 | 259 | 26 |
7,000 tons and under 8,000 tons..................... | 64 | 18 | 18 | 276 | 276 | 26 |
8,000 tons and under 9,000 tons..................... | 67 | 18 | 18 | 298 | 298 | 26 |
9,000 tons and under 10,000 tons.................... | 69 | 19 | 19 | 316 | 316 | 26 |
10,000 tons and above............................ | 69 | 19 | 19 | * | * | 26 |
| * £316, plus £19 for every 1,000 tons, or part of 1,000 tons, in excess of 9,999 tons. |
* Notified in the Commonwealth Gazette on 27 November, 1962.
† Statutory Rules 1935, No. 66, as amended by Statutory Rules 1951, No. 138; 1956, No. 6; and 1959, No. 53.
7937/62.—Price 3d. 9/12.9.1962.
Application of amendments.
3. The fees prescribed by the Navigation (Load Lines) Regulations as amended by these Regulations for the issue of a load line certificate, for the renewal of a load line certificate and for the survey of a ship in pursuance of sub-section (4.)of section 220a of the Navigation Act 1912-1961 are payable—
(a) in respect of the issue or renewal of a load line certificate relating to a ship where the visit or the first of the visits made to the ship by a surveyor to survey the ship for the purposes of the issue or renewal of the load line certificate is made on or after the first day of October, 1962; and
(b) in respect of an annual survey, or a partial survey made for the purpose of an annual survey, of a ship where the visit or the first of the visits made to the ship by a surveyor for the purpose of the annual survey is made on or after that date.
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By Authority: A. J. Arthur Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1962 No. 88, enacted by the Administrator of the Government of the Commonwealth of Australia, addresses amendments to the Navigation (Load Lines) Regulations under the Navigation Act 1912-1961. This legislation primarily aims to update the fee structure for the issue, renewal, and survey of load line certificates, thereby ensuring the financial framework for maritime safety and compliance remains current and reflective of the economic conditions of the time. The amendments, which include increasing the fee for the issue and renewal of load line certificates, as well as setting out a new scale of fees based on the gross tonnage of ships, were made to align with the operational needs and financial realities of the shipping industry as of October 1, 1962. This legislative instrument thus serves to maintain the efficacy and relevance of maritime regulations in Australia.
Scope and Application
The Regulations under the Navigation Act 1912-1961, specifically the amendments to the Navigation (Load Lines) Regulations, apply to ships that require load line certificates, their owners, and surveyors involved in the certification and annual survey processes. The regulations cover various classes of ships, differentiated by gross tonnage, and outline fees for the issuance and renewal of load line certificates as well as for annual surveys. These fees are structured according to the ship's gross tonnage and whether the ship is classed or unclassed. The regulations pertain to the Commonwealth of Australia and affect maritime activities conducted within Australian waters or by Australian-flagged vessels, thereby extending the application of the Navigation Act throughout the nation. The amendments to the fee structure are effective from 1 October 1962, and the updated fee schedule replaces the previous one, ensuring all maritime entities adhere to the new financial requirements. The regulations do not explicitly state exclusions or exemptions but implicitly exclude vessels that do not require load line certificates or are not subject to annual surveys under the Act. The scope of the Act can be further defined and modified through additional subordinate instruments as necessary.
Key Provisions
The primary sections of the Statutory Rules 1962, No. 88, involve amendments to the Navigation (Load Lines) Regulations under the Navigation Act 1912-1961. Regulation 25 is amended to change the fee from "Four pounds fifteen shillings" to "Seven pounds". Additionally, the Fourth Schedule of these regulations is repealed and replaced with a new scale of fees (section 2). These fees are to be applied for the issue, renewal, and annual survey of load line certificates for ships, with different rates based on the gross tonnage of the vessel (section 3). The new fees are applicable from the first day of October, 1962, for both new certificates and annual surveys (section 3(a) and (b)).
The obligations imposed by these Regulations require ship owners and operators to pay the specified fees for the issue, renewal, and annual survey of load line certificates. These fees are determined by the gross tonnage of the ship, with different rates applying to classed and unclassed ships. For example, for a ship under 100 gross tons, the fee for issuing a certificate is £10 for classed ships and £4 for unclassed ships, while the fee for renewing a certificate is £4 for both types of ships. The fees increase with the gross tonnage of the ship, up to a maximum of £316 plus an additional £19 for every 1,000 tons or part of 1,000 tons in excess of 9,999 tons.
Failure to comply with these fee requirements may result in penalties. Although the exact penalties are not specified in the text, under the Navigation Act 1912-1961, non-compliance with regulations can lead to criminal and civil penalties. These may include fines and imprisonment for individuals, as well as fines for corporations. The maximum penalties can vary depending on the specific breach and the jurisdiction in which the offence is committed. Therefore, ship owners and operators must ensure they adhere to the fee schedule and comply with the regulations to avoid any potential legal consequences.