STATUTORY RULES.
1942. No. .
REGULATION UNDER THE NAVIGATION ACT 1912-1935.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1935.
Dated this twenty-fourth day of July, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for the Minister of State for Commerce.
Amendment of the Navigation (Loading and Unloading) Regulations.†
Regulation 51 of the Navigation (Loading and Unloading) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) In any prosecution for a breach of this regulation a certificate in writing by the keeper or person in charge of any weighing instrument stating that the package or article has, by the person purporting to sign it, been weighed and found to be of the weight stated in the certificate, shall, in any court, be prima facie evidence of the facts so stated.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1941, No. 164.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4654.—Price 3d. 20/24.6.1942.
Overview
The Statutory Rules 1942, No. 337, represent a legislative instrument made under the Navigation Act 1912-1935, enacted in response to a need for stricter regulations on the loading and unloading of goods on vessels. The regulation was introduced by the Governor-General, acting on the advice of the Federal Executive Council, and aimed to amend the existing Navigation (Loading and Unloading) Regulations by adding a new sub-regulation. This addition sought to establish a legal presumption in court proceedings concerning breaches of the regulation, by accepting a written certificate from the keeper or person in charge of a weighing instrument as prima facie evidence of the weight of a package or article, thus simplifying the verification process in prosecutions. The policy objective behind this amendment was to enhance the efficiency and reliability of the enforcement of loading and unloading regulations, ensuring that maritime trade practices adhere to specified standards.
Scope and Application
This statutory rule, made under the Navigation Act 1912-1935, pertains to amendments in the Navigation (Loading and Unloading) Regulations. It applies to any person or entity involved in the loading and unloading activities of goods, particularly those who use weighing instruments in this process. The regulation seeks to ensure that the weight of packages or articles declared by the person purporting to sign the relevant certificate is accurately stated. It has a national reach as it is implemented across the Commonwealth of Australia. There are no explicit exclusions or exemptions stated within this particular regulation, and it extends the application of the Act by providing a legal framework that enhances the evidentiary value of certificates from weighing instrument keepers or those in charge, thereby formalising the process of weighing and certifying goods in the context of maritime activities.
Key Provisions
The primary operative section of this statutory instrument is the amendment to Regulation 51 of the Navigation (Loading and Unloading) Regulations, which introduces a new sub-regulation (4). This sub-regulation stipulates that in any prosecution related to a breach of the regulation, a written certificate from the keeper or person in charge of a weighing instrument, stating that the package or article has been weighed and found to be of the weight specified in the certificate, shall be considered prima facie evidence of the facts stated in the certificate. This means that the certificate is presumed to be true unless proven otherwise in court.
The Act imposes specific obligations on the parties involved in the weighing and certification process. The keeper or person in charge of the weighing instrument must ensure that any package or article is accurately weighed and that a written certificate is produced, detailing the weight as found. This certificate is critical as it serves as prima facie evidence in legal proceedings related to any alleged breaches of the regulation. It is essential that these certificates are kept accurate and truthful to avoid potential legal issues.
Breaching the requirements set out in this statutory instrument can have significant consequences. While the specific offences and penalties are not detailed in the provided text, it is likely that any failure to comply with the weighing and certification obligations could result in legal action. Prosecutions for breaches could lead to civil or criminal penalties, depending on the severity and intent behind the breach. The exact penalties would be determined by the courts but could include fines or other sanctions as appropriate for the infringement of navigation regulations.
In summary, the amended Regulation 51 introduces a new requirement for written certificates from the keeper or person in charge of a weighing instrument, which must state the weight of any package or article as found. This certificate serves as prima facie evidence in court, placing the burden of proof on the opposing party to disprove the stated facts. Failure to comply with these obligations could lead to legal action and potential penalties, reinforcing the importance of accuracy and integrity in the weighing and certification process.