STATUTORY RULES.
1926. No. 103.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1926, to come into operation on the first day of August, 1926.
Dated this twenty-ninth day of July, 1926.
SOMERS,
Deputy of the Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Amendment of Navigation (Survey and Equipment) Regulations.
(Statutory Rules 1924, No. 169, as amended by Statutory Rules 1925, Nos. 80 and 136, and Statutory Rules 1926, No. 79.)
Schedule II. to the Navigation (Survey and Equipment) Regulations is amended—
(a) by inserting in sub-paragraph (3) of paragraph 18 thereof, after the word “surveys”, the words “(other than of deck cargoes or live stock)”;
(b) by inserting at the end of paragraph 18 thereof a new sub-paragraph as follows:—
“(4) In addition to any fee prescribed in this Schedule, a charge of £1 per visit shall be made for each visit of the surveyor necessarily made before or after official hours in connexion with the inspection, under the provisions of the Navigation (Deck Cargo and Live Stock) Regulations, at any of the following ports, namely, Sydney, Newcastle, Melbourne, Brisbane, Townsville, Hobart, Port Adelaide and Fremantle, of a deck cargo or of live stock loaded at that port:
Provided that in no case shall the charge for such overtime service exceed £3.”; and
(c) by inserting, after paragraph 25, a new paragraph as follows:—
Fee for inspection of deck cargo or live stock.
“26. The fee for inspection by a surveyor, under the provisions of the Navigation (Deck Cargo and Live Stock) Regulations, of a deck cargo or of live stock
C.10965.—Price 3d.
loaded at any of the following ports, namely, Sydney, Newcastle, Melbourne, Brisbane, Townsville, Hobart, Port Adelaide and Fremantle, shall be as follows:—
(a) For the first or only visit of the surveyor during official hours | No charge; |
| £ | s. | d. |
(b) For each subsequent visit during official hours necessitated by non-compliance by the master or owner with the requirements of the Navigation Act and Regulations in respect of deck cargoes and live stock | 0 | 10 | 0.” |
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926, No. 103, Regulations under the Navigation Act 1912-1926, were enacted by the Deputy of the Governor-General, Somers, on the advice of the Federal Executive Council. These regulations, which came into effect on 1 August 1926, were established to amend the existing Navigation (Survey and Equipment) Regulations, primarily to address issues related to the inspection and fees associated with deck cargoes and live stock in specified ports. The policy objective behind these amendments was to ensure efficient and regulated inspections while also generating necessary revenue through fees for overtime services. The enacting body was the Federal Executive Council, under the authority of the Commonwealth of Australia.
Scope and Application
The Regulations under the Navigation Act 1912-1926 apply to vessels navigating Australian waters, encompassing various entities including ship owners, operators, and masters of vessels, as well as surveyors conducting inspections. These regulations govern the conduct related to the survey and equipment of vessels, specifically focusing on deck cargo and live stock. They apply to vessels loading or unloading at specified ports: Sydney, Newcastle, Melbourne, Brisbane, Townsville, Hobart, Port Adelaide, and Fremantle. The regulations introduce fees for inspections conducted outside official hours and establish a maximum limit for overtime charges. The scope of the regulations extends across the Commonwealth of Australia, ensuring a uniform application of maritime safety and inspection standards. Notably, these regulations amend previous statutory rules and include financial provisions for inspections, thereby affecting the financial obligations of those involved in maritime transport within the defined jurisdictional boundaries.
Key Provisions
The Regulations under the Navigation Act 1912-1926, as detailed in Statutory Rules 1926, No. 103, primarily amend the Navigation (Survey and Equipment) Regulations to address the inspection and fees associated with deck cargoes and live stock. Section (a) of the amendment clarifies that surveys under paragraph 18 of Schedule II do not include deck cargoes or live stock, while section (b) introduces a new sub-paragraph (4) that specifies a fee of £1 per visit for surveyors inspecting deck cargoes or live stock before or after official hours at certain ports, with a cap of £3 per case. Section (c) further adds a new paragraph 26, detailing the fees for inspections of deck cargoes and live stock at specified ports, with no charge for the first visit during official hours and a fee of £0.10 for each subsequent visit due to non-compliance.
The obligations imposed by these Regulations are clear: surveyors must charge a fee for inspections conducted outside official hours, and masters or owners of vessels are liable for additional fees if they necessitate subsequent visits by surveyors. The Regulations also ensure that the fees charged do not exceed specified limits, providing a structured financial framework for these inspections.
Breaching these Regulations can result in financial penalties. Specifically, charging more than the permitted £3 for overtime services or failing to charge the stipulated fees for subsequent visits due to non-compliance can lead to financial repercussions. Although the exact penalties are not detailed in the text, it is implied that adherence to the specified fees is mandatory, and deviations could result in fines or other civil consequences as prescribed under the Navigation Act 1912-1926.