Navigation (Survey) Regulations

STATUTORY RULES

1968 No. 41

___________

REGULATIONS UNDER THE NAVIGATION ACT 1912-1967.*

I, 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 1912-1967.

Dated this twentieth day of March, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Shipping and Transport.

________________

NAVIGATION (SURVEY) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Navigation (Survey) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-6).

Part II.—Surveys (Regulations 7-12).

Part III.—Inspections (Regulations 13-16).

Part IV.—Certificates (Regulations 17-33).

Part V.—Miscellaneous (Regulations 34-38).

Repeal.

3. The Navigation (Survey) Regulations (comprising Statutory Rules 1959, No. 58; Statutory Rules 1964, No. 59; Statutory Rules 1965, Nos. 7 and 112; and Statutory Rules 1967, No. 143 are repealed.

Interpretation.

4.—(1.) In these Regulations, unless the contrary intention appears—

“classed cargo ship” means a cargo ship in respect of which there is in force a classification certificate;

“equipment”, in relation to a ship, means the things and articles with which the ship is required to be furnished or fitted by the Navigation (Collision) Regulations, the Navigation (Compass) Regulations, the Navigation (Crew Accommodation) Regulations, the Navigation (Direction-Finders) Regulations, the Navigation (Fire Appliances) Regulations, the Navigation (Health) Regulations, the Navigation (Hospital Accommodation) Regulations, the Navigation (Life-saving Appliances) Regulations, the Navigation (Miscellaneous Equipment) Regulations and the Navigation (Radio) Regulations;

“fixed equipment” has the same meaning as in section 206E of the Act;

“prescribed authority” means—

(a) in relation to the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart—the Regional Controller for the State in which the port is situated;

* Notified in the Commonwealth Gazette on 20 March 1968.

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(b) in relation to a port in the Northern Territory of Australia— the representatives, at the port, of the Regional Controller for the State of Western Australia; and

(c) in relation to any other port—the representative, at the port, of the Regional Controller for the State in which the port is situated;

“Regional Controller” means a person for the time being performing the duties of an office of Regional Controller, Department of Shipping and Transport;

“River Murray ship” means a steamship trading on the River Murray and its tributaries;

“the Act” means the Navigation Act 1912-1967.

(2.) Where a word or phrase used in these Regulations is defined in section 187a of the Act that word or phrase as so used shall, unless the contrary intention appears, have the meaning given to it in that section.

(3.) A reference to a form by number shall be read as a reference to the form so numbered in the First Schedule to these Regulations.

Survey authorities.

5.—(1.) Lloyds Register of Shipping is a prescribed association for the survey and registry of shipping.

(2.) The American Bureau of Shipping is a prescribed corporation for the survey and registry of shipping.

(3.) The Bureau Veritas is a prescribed corporation for the survey and registry of shipping.

Classification certificates.

6.—(1.) A class 100a or a class 100a1 classification certificate issued by Lloyds Register of Shipping is a classification certificate of a prescribed standard.

(2.) A class A1 or a class A1 classification certificate issued by the American Bureau of Shipping is a classification certificate of a prescribed standard.

(3.) A class I. 3/3 or a Class II. 3/3 classification certificate issued by the Bureau Veritas is a classification certificate of a prescribed standard.

Part II.—Surveys.

Exemptions from survey.

7.—(1.) A passenger ship, not registered in Australia, is exempted from sub-section (1.) of section 193 of the Act and from Part III. of these Regulations if there is in force in respect of the ship a valid Safety. Convention certificate that corresponds with a passenger ship safety certificate.

(2.) A cargo ship, not registered in Australia, is exempted from sub-section (1.) of section 193 of the Act and from Part III. of these Regulations in their application to the parts of the ship that comprise the structure, fixed equipment and machinery of the ship if there is in force in respect of the ship a valid Safety Convention certificate that corresponds with a cargo ship safety construction certificate.

(3.) A cargo ship, not registered in Australia, is exempted from sub-section (1.) of section 193 of the Act and from Part III. of these Regulations in their application to the parts of the ship that comprise the equipment of the ship (other than its radio equipment or fixed equipment) if there is in force in respect of the ship a valid Safety Convention certificate that corresponds with a cargo ship safety equipment certificate.

(4.) A cargo ship, not registered in Australia, is exempted from sub-section (1.) of section 193 of the Act in its application to the radio equipment of the ship if there is in force in respect of the ship a valid Safety Convention certificate that corresponds with a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate, as the case requires.

(5.) A nuclear ship, not registered in Australia, is exempted from subsection (1.) of section 193 of the Act and from Part III. of these Regulations if there is in force in respect of the ship a valid Safety Convention certificate that corresponds to a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate, whichever is applicable.

(6.) A cargo ship (other than a Safety Convention ship) registered in a country other than Australia or a ship that is registered in Australia and has a gross registered tonnage of less than 500 tons is, if there is in force in respect of the ship a classification certificate, exempted from sub-section (1.) of section 193 of the Act and from Part III. of these Regulations in their application to—

(a) the structure of the ship;

(b) the machinery of the ship; and

(c) the fixed equipment of the ship.

(7.) Nothing in these Regulations affects the liability of a ship to a survey or inspection under section 204 or 210 of the Act.

Survey.

8.—(1.) The survey of a ship for a certificate of survey for a passenger ship, a certificate of survey for a cargo ship, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a nuclear passenger ship safety certificate, a nuclear cargo ship safety certificate or a certificate of survey for a River Murray ship shall be a survey of those parts of the ship that comprise—

(a) the structure of the ship;

(b) the machinery of the ship;

(c) the equipment of the ship; and

(d) the fixed equipment of the ship.

(2.) The survey of a ship for a cargo ship safety construction certificate shall be a survey of those parts of the ship that comprise—

(a) the structure of the ship;

(b) the machinery of the ship; and

(c) the fixed equipment of the ship.

(3.) The survey of a ship for a certificate of equipment shall be a survey of those parts of the ship that comprise the equipment, other than the fixed equipment, of the ship.

(4.) The survey of a ship for a cargo ship safety equipment certificate shall be a survey of those parts of the ship that comprise the equipment, other than the radio equipment and the fixed equipment, of the ship.

(5.) The survey of a ship for a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate shall comprise a survey of the radio equipment of the ship.

Application for survey.

9.—(1.) An application for the survey of a ship or a part of a ship, or for the survey of the equipment or a part of the equipment of a ship, shall be made by or on behalf of the owner in accordance with Form 1 and shall be lodged with the prescribed authority at the port at which it is desired that the survey be made.

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(2.) Unless the Minister in a special case otherwise directs, the application shall be lodged—

(a) where the ship or the part of the ship, or the equipment or the part of the equipment, as the case may be, was last surveyed in the State in which the survey is required, not less than two days before the day on which the survey is required; or

(b) in any other case, not less than four days before the day on which the survey is required.

(3.) Where an application is made for the survey of a new ship, or a ship which has not been previously surveyed in Australia, for the purpose of obtaining a certificate under Division 2 or Division 2B of Part IV. of the Act, and the ship is or is to be registered in Australia or is or is to be engaged in the coasting trade, the application shall be accompanied by the prescribed plans, information and data.

(4.) For the purposes of the last preceding sub-regulation, the prescribed plans, information and data in the case of an application for a cargo ship safety equipment certificate or a certificate of equipment are—

(a) a general arrangement plan;

(b) a capacity plan;

(c) a fire control plan;

(d) details of fire protection arrangements;

(e) stability data; and

(f) details of arrangements for life-saving appliances.

(5.) For the purposes of sub-regulation (3.) of this regulation, the prescribed plans, information and data in the case of an application for a certificate of survey for a cargo ship and in the case of an application for a cargo ship safety construction certificate under sub-section (1.) of section 206e of the Act are those specified in the last preceding sub-regulation and—

(a) a hull structural plan;

(b) particulars of watertight doors;

(c) machinery details and arrangements; and

(d) pumping and drainage arrangements.

(6.) For the purposes of sub-regulation (3.) of these Regulations, the prescribed plans, information and data in the case of an application for a certificate of survey for a passenger ship, for a passenger ship safety certificate, for a certificate of survey for a River Murray ship, for a nuclear passenger ship safety certificate or for a nuclear cargo ship safety certificate are those specified in the last two preceding sub-regulations and—

(a) subdivision arrangements and calculations;

(b) subdivision structural details; and

(c) passenger accommodation arrangements.

(7.) A person who has made application for the survey of a ship or part of a ship shall furnish such additional plans, information and data as the Minister determines to be necessary to enable the survey to be made.

(8.) The Minister may exempt an applicant in whole or in part from the requirements of sub-regulation (3.) of this regulation.

(9.) The plans, information and data lodged in accordance with this regulation may be retained by the Minister for the purposes of information and record.

Prescribed periods for parts of ship not subject to annual survey.

10.—(1.) For the purpose of section 193 of the Act, but subject to the next succeeding sub-regulation and to regulation 14 of these Regulations—

(a) the period of five years is the period applicable to the structure, the machinery and the fixed equipment of a cargo ship (other than a nuclear ship or a cargo ship in respect of which there is in force a certificate of survey for a cargo ship) that has a gross registered tonnage of not less than 500 tons and is registered in Australia or is engaged in the coasting trade; and

(b) a period of two years is the period applicable in relation to the equipment (other than the radio equipment and the fixed equipment) of a cargo ship, not being a ship registered in Australia or engaged in the coasting trade, in respect of which there is in force a certificate of equipment.

(2.) Where a certificate issued in respect of a ship under Division 2 of Part IV. of the Act has been extended under sub-section (2.) of section 195 of the Act or a certificate issued under Division 2c of Part IV. of the Act has been extended under sub-section (1.) or (3.) of section 206p, the period that ends on the date on which the extension of the certificate expires is, for the purpose of section 193 of the Act, the period applicable to the parts of the ship to which the certificate applies.

Survey of hull, rudder, etc.

11.—(1.) Except in the case of a small ship the survey of which the surveyor is satisfied can be carried out in an efficient manner while the ship is laid over on a beach or bank left dry at low tide, the survey of the outside of the bottom of the hull of a ship and of its rudder and the bearings of its screw shafts (if any) shall be carried out while the ship is in dry dock or on a slip.

(2.) The survey of the outside of the bottom of the hull of a ship and of its rudder shall be carried out after the bottom has been cleaned and before it has been painted.

Surveyor’s declaration.

12. A declaration by a surveyor under section 194 of the Act shall be in accordance with Form 2.

Opening up or inspection of specified parts of passenger ships, etc.

Part III.—Inspections.

13.—(1.) In this regulation, “ship to which this regulation applies” means a ship in respect of which there is in force—

(a) a certificate of survey for a passenger ship;

(b) a passenger ship safety certificate;

(c) a passenger ship short voyage safety certificate;

(d) a nuclear passenger ship safety certificate;

(e) a nuclear cargo ship safety certificate;

(f) a certificate of survey for a cargo ship; or

(g) a certificate of survey for a River Murray ship.

(2.) A part, specified in Part 1 of the Second Schedule to these Regulations, of a ship to which this regulation applies shall be opened up for inspection and shall be inspected once in every period of two years.

(3.) A part, specified in Part 2 of the Second Schedule to these Regulations, of a ship to which this regulation applies shall be opened up for inspection and shall be inspected once in every period of four years.

(4.) A part, specified in Part 3 of the Second Schedule to these Regulations, of a ship to which this regulation applies shall be opened up for inspection and shall be inspected on the occasions specified in that Part in relation to that part of the ship.

Opening up for inspection of other cargo ships.

14.—(1.) In this regulation, “ship to which this regulation applies” means a cargo ship in respect of which there is in force a cargo ship safety construction certificate.

(2.) The inspection, in accordance with regulation 11 of these Regulations, of the hull of a ship to which this regulation applies shall be made once in every two years.

(3.) A part, specified in the Third Schedule to these Regulations, of a ship to which this regulation applies shall be opened up for inspection and shall be inspected on the occasions specified in relation to that part of the ship.

(4.) The structure, fixed equipment and machinery of a ship to which this regulation applies shall, in addition to any inspection required under the preceding provisions of this regulation, be inspected once in each prescribed period.

(5.) For the purposes of the last preceding sub-regulation, a prescribed period is each period that commences on the day that is three months before, and ends on the day that is three months after, each anniversary of the date on which the cargo ship safety construction certificate for the ship was issued.

Opening up for inspection of parts of River Murray ships.

15.—(1.) The hull, rudder, bearings of the screw shaft and underwater fittings of a River Murray ship shall be opened up for inspection and shall be inspected once in every period of four years.

(2.) A part of a River Murray ship being a part of the ship specified in an item in the Second Schedule to these Regulations shall, subject to the last preceding sub-regulation, be opened up for inspection and shall be inspected once in every two years, once in every four years or on the other occasions specified in that Schedule, as the case requires.

Power of surveyor to order opening up and inspection.

16. Where, during the course of the survey or inspection of a ship or a part of a ship under these Regulations, a surveyor considers that the condition of a ship or of any part of a ship is such that it is necessary that a part of a ship be opened up for inspection and be inspected during the course of that survey or inspection, the surveyor may require that that part of the ship be opened up for inspection and be inspected during the course of that survey or inspection.

Part IV.—Certificates.

Certificate of survey— passenger ship.

17. A certificate of survey for a passenger ship, not being a River Murray ship, shall be in accordance with Form 3.

Passenger Certificate.

18. A passenger certificate shall be in accordance with Form 4.

Certificate of survey—cargo ship.

19. A certificate of survey for a cargo ship, not being a River Murray ship, shall be in accordance with Form 5.

Certificate of survey— River Murray steamship.

20. A certificate of survey for a River Murray ship shall be in accordance with Form 6.

Certificate of equipment.

21. A certificate of equipment shall be in accordance with Form 7.

Passenger ship safety certificate.

22. A passenger ship safety certificate or a passenger ship short voyage safety certificate shall be in accordance with Form 8.

Cargo ship safety construction certificate.

23. A cargo ship safety construction certificate shall be in accordance with Form 9.

Cargo ship safety equipment certificate.

24. A cargo ship safety equipment certificate shall be in accordance with Form 10.

Cargo ship safety radio telegraphy certificate.

25. A cargo ship safety radio telegraphy certificate shall be in accordance with Form 11.

Cargo ship safety radio telephony certificate.

26. A cargo ship safety radio telephony certificate shall be in accordance with Form 12.

Exemption certificate.

27.—(1.) An exemption certificate shall be in accordance with Form 13.

(2.) Where an exemption is granted subject to conditions, those conditions shall be specified in the exemption certificate.

Nuclear passenger ship safety certificate.

28. A nuclear passenger ship safety certificate shall be in accordance with Form 14.

Nuclear cargo ship safety certificate.

29. A nuclear cargo ship safety certificate shall be in accordance with Form 15.

Cargo ship annual inspection certificate.

30. A certificate showing the results of an inspection under sub-regulation (4.) of regulation 14 of these Regulations shall be in accordance with Form 16.

Issue of certain certificates.

31.—(1.) A certificate in accordance with a form in the First Schedule to these Regulations shall be issued in duplicate, and one of the copies shall be marked “Owner’s Copy”.

(2.) On the application of the owner, master or agent of a ship an additional copy of a certificate referred to in the last preceding sub-regulation in respect of the ship may be issued.

Period for which certificate of survey, passenger certificate or certificate of equipment remains in force.

32.—(1.) For the purposes of sub-section (1.) of section 195 of the Act, the prescribed time, in relation to a certificate of survey for a passenger ship, a passenger certificate, a certificate of survey for a cargo ship or a certificate of survey for a River Murray ship is one year.

(2.) For the purposes of sub-section (1.) of section 195 of the Act, the prescribed time, in relation to a certificate of equipment, is—

(a) in the case of a cargo ship registered in Australia or engaged in the coasting trade—one year; and

(b) in the case of any other cargo ship—two years.

Valid Safety Convention certificates.

33. For the purposes of Part IV. of the Act, a valid Safety Convention certificate is a Safety Convention certificate which complies with the following requirements:—

(a) the certificate shall be in accordance with the appropriate form of certificate specified in the Appendix to the Safety Convention;

(b) the certificate shall be applicable to the voyage in respect of which a clearance under the Customs Act is demanded;

(c) the certificate shall show that it was issued by or under the authority or at the request of the Government of the country in which the ship is registered;

(d) the certificate is in force.

Part V.—Miscellaneous.

Form of certificates under Division 2b of Part IV. of the Act.

34.—(1.) Sub-section (3.) of section 6 of the Act does not apply in relation to Forms 8, 9, 10, 11, 12, 13, 14 and 15.

(2.) Particulars to be inserted in a certificate issued under Division 2b of Part IV. of the Act in accordance with a form specified in the last preceding sub-regulation shall be inserted in Roman characters and Arabic figures.

Notice under section 190a of the Act.

35. A notice in writing under section 190a of the Act shall be in accordance with Form 17 and shall be lodged with a Regional Controller.

Report of accident.

36. A report by the master of a ship under section 268 of the Act shall be in accordance with Form 18 and shall be made to the prescribed authority at the port at which the ship is lying or at which it first arrives after the accident or occurrence.

Fees.

37.—(1.) Fees in accordance with the Fourth Schedule to these Regulations are payable in respect of the matters in relation to which the fees are specified.

(2.) Where a survey or other matter in respect of which a fee is specified in the Fourth Schedule to these Regulations is carried out by or on behalf of a survey authority, the fee prescribed for the survey or matter is payable to the survey authority.

(3.) Where a fee payable under sub-regulation (1.) of this regulation in respect of a ship is not paid, the amount of the fee is recoverable from the owner, master or agent of the ship as a debt due to the Commonwealth or the survey authority, as the case may be.

Refund of fees.

38. Where a survey or inspection, for which a fee payable under regulations made under the Act has been paid, is not completed, the Minister may order that such part of the fee as he considers appropriate in the circumstances of the case be refunded.

THE SCHEDULES

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First Schedule

Form 1. Regulation 9.

Navigation Act 1912-19 .

navigation (survey) regulations

APPLICATION FOR SURVEY OF SHIP OR SHIP’S EQUIPMENT

To

Name of Ship

Port of Registry

Official No. Gross Tonnage

Type of Ship

Name and address of owners or Australian agents

Number of crew

Number of passengers

If the ship is a classed cargo ship, the name of the survey authority that issued the classification certificate.

Type of trade during previous 12 months

Intended trade

Nature of survey required

Place where ship will be available for survey

Time when ship will be available for survey

Owner, Master or Agent.

Date / /19   .

_________

Form 2. Regulation 12.

Navigation Act 1912-19 .

DECLARATION BY SURVEYOR

I, , a surveyor appointed under the abovementioned Act, declare—

(a) that my report dated the day of , 19 , on the survey carried out by me of the (description of part of ship or equipment surveyed) of the (name of ship) is correct in all particulars;

(b) that, in my opinion, having regard to the construction, equipment and machinery of the ship, so far as surveyed by me, the ship is fit to ply on the following voyages or class of voyages:—

Dated at on this day of , 19     .

Surveyor.

First Schedule—continued

Form 3. Regulation 17.

Commonwealth of Australia

Navigation Act 1912-19 .

navigation (survey) regulations

CERTIFICATE OF SURVEY FOR A PASSENGER SHIP

No.

Particulars of Ship

I, the undersigned , certify—

(a) that the above-named ship has been surveyed in accordance with the provisions of the Navigation Act 1912-19 and the regulations thereunder,

(b) that the ship is fit to carry, if there is no encumbrance of passengers and crew’s quarters, the following passengers and crew:—

(c) that the survey showed that the ship complied with the Navigation Act 1912-19 and the regulations thereunder as regards—

(i) the hull and machinery;

(ii) the watertight subdivisions and details; and

(iii) the following subdivision loadlines:—

First Schedule—continued

(d) that properly equipped lifeboats and other life-saving appliances provide for a total number of               persons and no more, namely:—

(i) ........... lifeboats (including motor lifeboats or mechanically - propelled lifeboats) capable of accommodating              persons and

motor lifeboats fitted with radio installation and searchlight (included in the total lifeboats shown above) requiring              certificated lifeboatmen;

(ii) .......... inflatable liferafts capable of accommodating persons;

(iii) ......... buoyant apparatus capable of supporting persons;

(iv) .......... lifebuoys; and

(v) .......... lifejackets;

(e) that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely:—

Omit if the ship has not been exempted from any requirements.

(f) that the ship has been exempted from the following requirements of the undermentioned regulations subject to the following conditions:—

(g) that the ship complied with the Navigation Act 1912-19 and the, regulations thereunder as regards fire-detecting and fire-extinguishing apparatus and was provided with navigation lights and shapes and means of making sound signals and distress signals; and

* State class of ship and voyage or class of voyages.

(h) that the ship is fit to ply as*

This certificate remains in force until

Issued at , the day of , 19     .

(Signature of person issuing certificate.)

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Navigation (Survey) Regulations

First Schedule—continued

Form 4. Regulation 18.

Commonwealth of Australia

Navigation Act 1912-19 .

navigation (survey) regulations

PASSENGER CERTIFICATE

No.

Name of ship:

Owner or agent:

This is to certify that the provisions of the Navigation Act 1912-19 and the regulations thereunder relating to the survey of ships for the carriage of passengers have been complied with and that the above-named ship is fit to ply as a foreign-going ship and is fit to carry, if there is no encumbrance of passengers’ or crew’s accommodation, the following passengers and crew:—

This certificate remains in force until .

Issued at , the day of , 19 .

(Signature of person issuing certificate.)

________

Form 5. Regulation 19.

Commonwealth of Australia

Navigation Act 1912-19 .

navigation (survey) regulations

CERTIFICATE OF SURVEY FOR A CARGO SHIP

No.

Particulars of Ship

I, the undersigned , certify—

(a) that the above-named ship has been surveyed in accordance with the Navigation Act 1912-19 and the regulations thereunder;

(b) that the ship is fit to carry, if there is no encumbrance of passengers’ and crew’s quarters, not more than the following passengers and crew:—

First Schedule—continued

(c) that the survey showed that the ship complied with the Navigation Act 1912-19 and the regulations thereunder as regards—

(i) hull and machinery; and

(ii) fire-detecting and fire-extinguishing apparatus;

(d) that the survey showed that life-saving appliances (including properly equipped lifeboats capable of accommodating, on either side of the ship, all persons on board) are provided as follows:—

(i) ...........lifeboats on the starboard side capable of accommodating persons;

(ii) ...........lifeboats on the port side capable of accommodating  persons;

(iii) ..........motor lifeboats or mechanically propelled lifeboats (included in the lifeboats shown above);

(iv) ..........inflatable liferafts capable of accommodating  persons;

(v) ...........lifebuoys; and

(vi) ..........lifejackets;

(e) that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely.—

Omit if the ship has not been exempted from any requirements.

(f) that the ship has been exempted from the following requirements of the undermentioned regulations subject to the following conditions:—

(g) that the ship was provided with navigation lights and shapes, and means of making sound signals and distress signals; and

*State class of ship and voyage or class of voyages.

(h) that the ship is fit to ply as*

This certificate remains in force until .

Issued at , the day of , 19 .

(Signature of person issuing certificate.)

First Schedule—continued

Form 6. Regulation 20.

Commonwealth oF Australia

Navigation Act 1912-19 .

navigation (survey) regulations

CERTIFICATE OF SURVEY FOR A STEAMSHIP TRADING ON THE RIVER MURRAY AND ITS TRIBUTARIES

No.

Particulars of Ship

I, the undersigned , certify—

(a) that the above-named steamship is fit to carry, if there is no encumbrance of passengers’ or crew’s quarters, passengers and crew as follows:—

(b) that the approved life-saving appliances are provided on the ship, including

(c) that the approved fire appliances are provided on the ship; and

(d) that the provisions of the Navigation Act 1912-19 , and of the regulations thereunder, relating to the survey of ships and of their equipment, have been complied with, and that the ship is fit to ply as a passenger steamship on the River Murray and its tributaries with the number of passengers and crew stated above.

This certificate remains in force until .

Issued at , the day of , 19 .

(Signature of person issuing certificate.)

First Schedule—continued

Form 7. Regulation 21.

Commonwealth of Australia

Navigation Act 1912-19 .

navigation (survey) regulations

CERTIFICATE OF EQUIPMENT

No.

Particulars of Ship

I, the undersigned , certify—

(a) that the above-mentioned ship has been surveyed in accordance with the Navigation Act 1912-19               and the regulations thereunder;

(b) that the ship is fit to carry, if there is no encumbrance of passengers’ and crew’s quarters, not more than the following passengers and crew:—

(c) that the survey showed that life-saving appliances (including properly equipped lifeboats capable of accommodating, on either side of the ship, all persons on board) are provided as follows:—

(i) ...........lifeboats on port side capable of accommodating   persons;

(ii) ..........lifeboats on starboard side capable of accommodating  persons;

(iii) .........motor lifeboats or mechanically-propelled lifeboats (included in the lifeboats shown above);

(iv) ..........inflatable liferafts capable of accommodating persons;

(v) ..........lifebuoys; and

(vi) ..........lifejackets;

(d) that the ship was provided with a line-throwing apparatus and lifeboat portable radio apparatus in accordance with the provisions of the Navigation Act 1912-19                             and the regulations thereunder;

First Schedule—continued

(e) that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely:—

Omit if the ship has not been exempted from any requirements.

(f) that the ship has been exempted from the following requirements of the undermentioned regulations subject to the following conditions:—

(g) that the survey showed that the ship complied with the requirements of the Navigation Act 1912-19               and the regulations thereunder as regards fire-extinguishing appliances and was provided with navigation lights and shapes and means of making sound signals and distress signals; and

(h) that in all other respects the ship complied with the requirements of the Navigation Act 1912-19               and the regulations thereunder so far as those requirements apply to the equipment of the ship.

This certificate remains in force until .

Issued at , the day of , 19 .

(Signature of person issuing certificate.)

First Schedule—continued

Form 8. Regulation 22.

Commonwealth of Australia

Navigation Act 1912-19 .

PASSENGER SHIP SAFETY CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.

II. That the survey showed that the ship complied with the requirements of the Regulations annexed to the said Convention as regards:—

(1) the structure, main and auxiliary boilers and other pressure vessels and machinery;

(2) the watertight subdivision arrangements and details;

(3) the following subdivision loadlines:—

III. That the life-saving appliances provide for a total number of ................... persons and no more, viz.:—

.................lifeboats (including........................ motor lifeboats) capable of accommodating               persons, and               motor lifeboats fitted with radiotelegraph installation and searchlight (included in the total lifeboats shown above) and               motor lifeboats fitted with searchlight only (also included in the total lifeboats shown above), requiring               certificated lifeboat-men;

.................liferafts, for which approved launching devices are required, capable of accommodating               persons; and

.................liferafts, for which approved launching devices are not required, capable of accommodating               persons;

.................buoyant apparatus capable of supporting..................persons;

.................lifebuoys;

.................lifejackets

First Schedule—continued

IV. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations annexed to the Convention.

V. That the ship was provided with a line-throwing appliance and portable radio apparatus for survival craft in accordance with the provisions of the Regulations annexed to the Convention.

VI. That the ship complied with the requirements of the Regulations annexed to the Convention as regards radiotelegraph installations, viz.:—

VII. That the functioning of the radiotelegraph installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complied with the provisions of the Regulations annexed to the Convention.

VIII. That the ship complied with the requirements of the Regulations annexed to the Convention as regards fire-detecting and fire-extinguishing appliances and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals, in accordance with the provisions of those Regulations and also the International Collision Regulations.

IX. That in all other respects the ship complied with the requirements of the Regulations annexed to the Convention, so far as these requirements apply thereto.

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until.

Issued at the day of 19.

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

————

Form 9. Regulation 23.

Commonwealth of Australia

Navigation Act 1912-19 .

CARGO SHIP SAFETY CONSTRUCTION CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

First Schedule—continued

I, the undersigned certify

That the above-mentioned ship has been duly surveyed in accordance with the provisions of Regulation 10 of Chapter I of the Convention referred to above, and that the survey showed that the condition of the hull, machinery and equipment, as defined in the above Regulation, was in all respects satisfactory and that the ship complied with the applicable requirements of Chapter II (other than that relating to fire extinguishing appliances and fire control plans).

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until

Issued at the day of 19

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

———

Form 10. Regulation 24.

Commonwealth of Australia

Navigation Act 1912-19 .

CARGO SHIP SAFETY EQUIPMENT CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

I. That the above-mentioned ship has been duly inspected in accordance with the provisions of the Convention referred to above.

II. That the inspection showed that the life-saving appliances provided for a total number of............................persons and no more viz.:—

............................lifeboats on port side capable of accommodating............................persons;

............................lifeboats on starboard side capable of accommodating............................ persons;

............................motor lifeboats (included in the total lifeboats shown above), including ............................motor lifeboats fitted with radiotelegraph installation and searchlight, and............................motor lifeboats fitted with searchlight only;

............................liferafts, for which approved launching devices are required, capable of accommodating............................persons; and

............................liferafts, for which approved launching devices are not required, capable of accommodating............................persons;

............................lifebuoys;

............................lifejackets.

III. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations annexed to the Convention.

IV. That the ship was provided with a line-throwing apparatus and portable radio apparatus for survival craft in accordance with the provisions of the Regulations annexed to the Convention.

First Schedule—continued

V. That the inspection showed that the ship complied with the requirements of the said Convention as regards fire-extinguishing appliances and fire control plans and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals, in accordance with the provisions of the Regulations annexed to the Convention and the International Collision Regulations.

VI. That in all other respects the ship complied with the requirements of the Regulations annexed to the Convention so far as these requirements apply thereto.

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until

Issued at the day of 19

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

__________

Form 11. Regulation 25.

Commonwealth of Australia

Navigation Act 1912-19 .

CARGO SHIP SAFETY RADIOTELEGRAPHY CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

I. That the above-mentioned ship complies with the provisions of the Regulations annexed to the Convention referred to above as regards Radiotelegraphy:—

II. That the functioning of the radiotelegraphy installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complies with the provisions of the said Regulations.

First Schedule—continued

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until              .

Issued at the day of 19    .

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

————

Form 12. Regulation 26.

Commonwealth of Australia

Navigation Act 1912-19 .

CARGO SHIP SAFETY RADIOTELEPHONY CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

I. That the above-mentioned ship complies with the provisions of the Regulations annexed to the Convention referred to above as regards Radiotelephony:—

II. That the functioning of the portable radio apparatus for survival craft, if provided, complies with the provisions of the said Regulations.

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until                           .

Issued at the day of 19       .

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

First Schedule—continued

Form 13. Regulation 27.

Commonwealth of Australia

Navigation Act 1912-19 .

EXEMPTION CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

That the above-mentioned ship is, under the authority conferred by Regulation............................. …………………..of Chapter .................................... of the Regulations annexed to the Convention referred to above, exempted from the requirements of† ...................................................................... ........................................................................................................................... of the Convention on the voyages ......................................................................................................to ............................... .....................................................................................................................................

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until

Issued at the day of 19    .

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

† Insert here references to Chapters and Regulations, specifying particular paragraphs.

————

Form 14. Regulation 28.

Commonwealth of Australia

Navigation Act 1912-19 .

NUCLEAR PASSENGER SHIP SAFETY CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

First Schedule—continued

I, the undersigned certify

I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.

II. That the ship, being a nuclear ship, complied with all requirements of Chapter VIII of the Convention and conformed to the Safety Assessment approved for the ship.

III. That the survey showed that the ship complied with the requirements of the Regulations annexed to the said Convention as regards:—

(1) the structure, main and auxiliary boilers and other pressure vessels and machinery;

(2) the watertight subdivision arrangements and details;

(3) the following subdivision loadlines:—

IV. That the life-saving appliances provided for a total number of ........................................ persons and no more, viz.:—

............................ lifeboats (including........................................motor lifeboats) capable of accommodating................................persons, and...................................... motor lifeboats fitted with radiotelegraph installation and searchlight (included in the total lifeboats shown above) and.................... motor lifeboats fitted with searchlight only (also included in the total lifeboats shown above), requiring................................certificated lifeboatmen;

............................ liferafts, for which approved launching devices are required, capable of accommodating............................persons; and

............................ liferafts, for which approved launching devices are not required, capable of accommodating............................persons;

............................ buoyant apparatus capable of supporting............................persons;

............................ lifebuoys;

............................ lifejackets.

V. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations annexed to the Convention.

VI. That the ship was provided with a line-throwing appliance and portable radio apparatus for survival craft, in accordance with the provisions of the Regulations annexed to the Convention.

VII. That the ship complied with the requirements of the Regulations annexed to the Convention as regards radiotelegraph installations, viz.:—

First Schedule—continued

VIII. That the functioning of the radiotelegraph installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complied with the provisions of the Regulations annexed to the Convention.

IX. That the ship complied with the requirements of the Regulations annexed to the Convention as regards fire-detecting and fire-extinguishing appliances and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals, in accordance with the provisions of those Regulations and also the International Collision Regulations.

X. That in all other respects the ship complied with the requirements of the Regulations annexed to the Convention, so far as these requirements apply thereto.

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until

Issued at the day of 19    .

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

————

Form 15. Regulation 29.

Commonwealth of Australia

Navigation Act 1912-19 .

NUCLEAR CARGO SHIP SAFETY CERTIFICATE

(Seal)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1960

I, the undersigned certify

I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.

II. That the ship, being a nuclear ship, complied with all requirements of Chapter VIII of the Convention and conformed to the Safety Assessment approved for the ship.

III. That the survey showed that the ship satisfied the requirements set out in Regulation 10 of Chapter I of the Convention as to hull, machinery and equipment, and complied with the relevant requirements of Chapter II.

First Schedule—continued

IV. That the life-saving appliances provide for a total number of................................persons and no more, viz.:—

............................ lifeboats on port side capable of accommodating............................ persons;

............................ lifeboats on starboard side capable of accommodating............................ persons;

............................ motor lifeboats (included in the total lifeboats shown above), including............................motor lifeboats fitted with radiotelegraph installation and searchlight, and............................motor lifeboats fitted with searchlight only;

............................ liferafts, for which approved launching devices are required, capable of accommodating............................persons; and

............................ liferafts, for which approved launching devices are not required, capable of accommodating............................persons;

............................ lifebuoys;

............................ lifejackets.

V. That the lifeboats and liferafts were equipped in accordance with the provisions of the Regulations annexed to the Convention.

VI. That the ship was provided with a line-throwing apparatus and portable radio apparatus for survival craft in accordance with the provisions of the Regulations annexed to the Convention.

VII. That the ship complied with the requirements of the Regulations annexed to the Convention as regards radiotelegraph installations, viz.:—

VIII. That the functioning of the radiotelegraph installations for motor lifeboats and/or the portable radio apparatus for survival craft, if provided, complied with the provisions of the Regulations annexed to the Convention.

IX. That the inspection showed that the ship complied with the requirements of the said Convention as regards fire-extinguishing appliances and was provided with navigation lights and shapes, pilot ladder, and means of making sound signals and distress signals in accordance with the provisions of the Regulations annexed to the Convention and the International Collision Regulations.

X. That in all other respects the ship complied with the requirements of the Regulations annexed to the Convention so far as these requirements apply thereto.

This certificate is issued under the authority of the Government of the Commonwealth of Australia. It will remain in force until

Issued at the day of 19      .

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

(Signature)

First Schedule—continued

Form 16. Regulation 30.

Navigation Act 1912-19 .

navigation (survey) regulations

CERTIFICATE RELATING TO ANNUAL INSPECTION OF CARGO SHIP

I hereby certify that I have this day inspected the structure, fixed equipment and machinery of the ship              and have found that the statements in the Cargo Ship Safety Construction Certificate issued in respect of the ship continue to be applicable in relation to the ship.

Dated this day of 19 .

Surveyor.

————

Form 17. Regulation 35.

Navigation Act 1912-19 .

navigation (survey) regulations

NOTICE UNDER SECTION 190a OF ALTERATION TO HULL, ETC.

To

Name of Ship

Port of Registry

Official No.

Name and address of Owner

Name and address of Master

Nature and Particulars of Alteration or Replacement.

Owner, Master or Agent.

Date / /19    .

_________

Form 18. Regulation 36.

Navigation Act 1912-19 .

navigation (survey) regulations

REPORT UNDER SECTION 268 OF ACCIDENT OR OTHER OCCURRENCE

To

Name of Ship Port of Registry Official No.

Steam, motor, or sail (if latter, state rig) Gross tonnage

Name and address of owner

Name of master

Classification (if any)

Nature of cargo

Total number of officers and crew on board

Number of passengers

Date of occurrence Place of occurrence

On a voyage from to

Draught at time of occurrence—Forward: ft. ins. Aft: ft. ins.

In case of accident, &c., place where ship now is

Nature and Particulars of Accident or other Occurrence

(Signature of Master)

Date / /19      .

SECOND SCHEDULE

———— Regulations 13 and 15.

OPENING UP FOR INSPECTION OF PARTS OF SHIPS THAT ARE SHIPS TO WHICH REGULATIONS 13 AND 15 APPLY

Second Schedule—continued

Second Schedule—continued

THIRD SCHEDULE

________

 Regulation 14.

OPENING UP FOR INSPECTION OF PARTS OF SHIPS TO WHICH REGULATION 14 APPLIES

FOURTH SCHEDULE

Regulation 37.

FEES

1.—(1.) Subject to sub-item (3.) of this item, the fee for the survey of a ship for a certificate of survey for a passenger ship, a passenger ship safety certificate, a passenger ship short voyage safety certificate or a nuclear passenger ship safety certificate is the fee determined in accordance with the following table:—

(2.) Subject to the next succeeding sub-item, the fee for the survey of a ship for a certificate of survey for a cargo ship, a certificate of survey for a River Murray ship or a nuclear cargo ship safety certificate is the fee determined in accordance with the following table:—

(3.) Where a survey, other than a survey of a new ship or a ship which has not previously been surveyed in Australia, is made for the purpose of obtaining a certificate of a type referred to in either of the last two preceding sub-items for a period of less than eleven months, the fee for the survey is—

(a) an amount, assessed at the rate of one twelfth of the fee otherwise payable for the survey, for each month or part of a month in the period;

(b) an amount equal to one-quarter of the fee otherwise payable for the survey; or

(c) Thirty dollars,

whichever is the greater.

2.—(1.) Subject to sub-items (2.) and (3.) of this item, the fee for the survey of a ship prior to the issue of a cargo ship safety construction certificate, the survey of a ship for the renewal of a cargo ship safety construction certificate or for an inspection referred to in

Fourth Schedule—continued

sub-regulation (4.) of regulation 14 of these Regulations is the fee determined by or in accordance with column (2), column (3) or column (4) respectively of the following table:—

(2.) Where a surveyor employed by a survey authority carries out concurrently with a survey for classification purposes a survey for the issue or renewal of a cargo ship safety construction certificate or an inspection referred to in sub-regulation (4.) of regulation 14 of these Regulations, a fee is not payable under the last preceding sub-item.

(3.) In the case of the survey for the issue of a cargo ship safety construction certificate in respect of a ship the keel of which was laid before the date on which the Navigation (Construction) Regulations came into force, the fee is four times the amount shown in column (3) of the table in sub-item (1.) of this item.

(4.) Where a surveyor employed by a survey authority carries out a survey for the renewal of a cargo ship safety construction certificate or an inspection referred to in sub-regulation (4.) of regulation 14 of these Regulations and the survey or inspection is not completed in one operation but is effected by two or more partial surveys or inspections, there shall be payable in addition to the fee payable under sub-item (1.) of this item—

(a) a fee of Forty dollars for every partial survey or inspection; and

(b) a further fee of Thirty dollars for every additional visit where more than one visit is paid to the ship by a surveyor for the purposes of such a partial survey or partial inspection.

(5.) Where it is necessary for a person employed as a surveyor by a survey authority to visit a ship for the purpose of issuing a replacement certificate for an existing cargo ship safety construction certificate the fee payable is—

(a) for the first visit—Forty dollars; and

(b) for each additional visit—Thirty dollars.

3.—(1.) Subject to sub-items (2.) and (3.) of this item, the fee for the survey of a ship for a certificate of equipment in respect of a cargo ship in relation to which a cargo ship safety construction certificate or a classification certificate is in force is the fee determined in accordance with the following table:—

Fourth Schedule—continued

(2.) In any case where the survey does not involve a survey of the radio equipment of the ship, the fee payable under the last preceding sub-item shall be reduced by an amount equal to the fee payable under item 5 of this Schedule.

(3.) In any case where the survey does not involve a survey of the equipment of the ship other than the radio equipment of the ship, the fee payable under sub-item (1.) of this item shall be reduced by an amount equal to the fee payable under item 4 of this Schedule.

4. The fee for the survey of a ship for a cargo ship safety equipment certificate in respect of a cargo ship in relation to which a cargo ship safety construction certificate is in force is the fee determined in accordance with the following table:—

5. The fee for the survey of a ship for a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate is the fee determined in accordance with the following table:—

6.—(1.) Subject to the next succeeding sub-item, the fee for the survey of a ship for the issue of a passenger certificate is—

(a) where the number of passengers which the ship is fit to carry does not exceed 200—Fifteen dollars; or

(b) where the number of passengers which the ship is fit to carry exceeds 200—Thirty dollars.

(2.) A fee is not payable under the last preceding sub-item in respect of a ship which holds, or is being surveyed for the purpose of the issue of, a passenger ship safety certificate, a passenger ship short voyage safety certificate or a nuclear passenger ship safety certificate.

7. The fee for the survey of a passenger ship for the issue of a memorandum under section 206x of the Act is Twenty dollars.

8. Where, on the application of the owner, master or agent of a ship, an additional copy of a certificate issued under Division 2 or Division 2b of Part IV. of the Act or under these Regulations is issued, the fee for the issue of that copy is Four dollars.

9.—(1.) The fee for an extension of the currency of a certificate of survey for a passenger ship, a certificate of survey for a cargo ship or a certificate of survey for a River Murray ship under sub-section (2.) of section 195 of the Act, or for an extension of a passenger ship safety certificate, a passenger ship short voyage safety certificate or a cargo ship safety construction certificate under section 206p of the Act, is the fee determined in accordance with the following table:—

Fourth Schedule—continued

(2.) Subject to the next succeeding sub-item, the fee for an extension of the currency of a certificate of equipment under sub-section (2.) of section 195 of the Act, or for an extension of a cargo ship safety equipment certificate, a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate under section 206p of the Act, is—

(a) one quarter of the fee which would be payable if the certificate were a certificate referred to in the last preceding sub-item; or

(b) Seven dollars,

whichever is the greater.

(3.) Where—

(a) a fee is payable for an extension of the currency of a cargo ship safety equipment certificate; and

(b) the cargo ship safety radiotelegraphy certificate or the cargo ship safety radiotelephony certificate in respect of the ship is extended at the same time,

a fee is not payable in respect of the extension referred to in paragraph (b) of this sub-item.

10. Where a certificate of equipment is in force in respect of a ship and, on the application of the owner, master or agent of the ship—

(a) a cargo ship safety equipment certificate that is expressed to remain in force for the same period as the certificate of equipment is expressed to remain in force; and

(b) a cargo ship safety radiotelegraphy certificate, or a cargo ship safety radiotelephony certificate, that is expressed to remain in force for the same period as the certificate of equipment is expressed to remain in force,

are issued in respect of the ship, the fee payable for the issue of those two certificates is the fee ascertained in accordance with sub-item (2.) of the last preceding item.

11.—(1.) Subject to the next succeeding sub-item, the fee for the survey in dry dock of the hull of a ship, other than a survey as part of a complete survey of the ship, is the fee determined in accordance with the following table:—

(2.) Where a survey in dry dock of the hull of a ship, other than a survey as part of a complete, survey of the ship, is made in respect of a ship in relation to which there is in force a certificate of survey for a passenger ship, a certificate of survey for a cargo ship, a certificate of survey for a River Murray ship, a passenger ship safety certificate, a passenger ship short voyage safety certificate, a nuclear passenger ship safety certificate or a nuclear cargo ship safety certificate, the fee for the survey is an amount equal to one quarter of the fee otherwise payable for the survey.

12.—(1.) The fee for the survey of a ship in respect of which an order for provisional or final detention has been made under section 210 of the Act is a fee ascertained in accordance with whichever of the next two succeeding sub-items is applicable.

(2.) Where the ship has been detained on account of overloading, improper loading, improper carriage of cargo, or defective equipment, the fee is that determined in accordance with the following table:—

Fourth Schedule—continued

(3.) Where the ship has been detained on account of a defective hull or machinery, the fee is half of the fee which would have been payable had the survey been for the purpose of obtaining a certificate of survey for a passenger ship or a certificate of survey for a cargo ship, whichever is appropriate.

13.—(1.) The fee for the survey of a ship or of a part of a ship which is carried out in respect of repairs or alterations to a part of the hull, machinery or equipment of the ship or for any other survey of a part of a ship which is not a survey in respect of which a fee is specified in another item of this Schedule is the fee, or the aggregate of the fees, as the case may be, determined in accordance with the following table:—

(2.) The aggregate of the fees, payable in respect of any one survey, by virtue of the last preceding sub-item, shall not exceed the fee which would be payable for a survey of the ship for a certificate of survey for a passenger ship or a certificate of survey for a cargo ship, whichever is appropriate.

(3.) A fee is not payable under sub-item (1.) of this item in relation to the survey of the structure, machinery or fixed equipment of a cargo ship in respect of which there is in force—

(a) a cargo ship safety construction certificate;

(b) a valid Safety Convention certificate that corresponds with a cargo ship safety construction certificate; or

(c) if the ship is under 500 tons gross registered tonnage—a classification certificate,

issued by a corporation or association for the survey and registry of shipping.

14. The fee for a service rendered by a surveyor in connexion with a survey, inspection or test under the. Act or regulations made under the Act is, if the service is not a service in respect of which a fee is otherwise specified in these Regulations or specified in other regulations made under the Act, such amount as the Minister directs with respect to services of that kind.

15. Where, as a result of a request made by the owner, master or agent of a ship, an inspection or survey of the ship is commenced or completed at a time when the office of the Department is not open for public business, there is payable, by virtue of this item—

(a) if the inspection or survey is commenced or completed on a day when the office of the Department is not at any time open for public business—a fee of Ten dollars fifty cents;

(b) if the inspection or survey commences or ceases at any time between eleven o’clock in the evening of a day and six o’clock in the morning of the next following day, and the day on which the inspection or survey commences or ceases is a day other than a day referred to in the last preceding sub-item—a fee of Eight dollars fifty cents; or

(c) in any other case—a fee of Four dollars fifty cents.

16. Where, as a result of a request by the owner, master or agent of a ship, a surveyor is, or surveyors are, required to attend at a time and place for the purpose of inspecting or surveying a ship (being a time when the office of the Department is not open for public business) but the proposed inspection or survey does not commence because the owner, master or agent cancels the request, there is payable, by virtue of this item—

(a) if the time appointed is on a day when the office of the Department is not at any time open for public business—a fee of Five dollars fifty cents;

(b) if the time appointed is between eleven o’clock in the evening of a day and six o’clock in the morning of the next following day, and the day on which the time is appointed is a day other than a day referred to in the last preceding sub-item—a fee of Four dollars fifty cents; or

(c) in any other case—a fee of Two dollars fifty cents.

Fourth Schedule—continued

17. The last two preceding items apply in respect of each surveyor who sets out to commence an inspection or survey.

18. Where—

(a) a surveyor is available at the time and place appointed for an inspection or survey of a ship under these Regulations but, for any reason outside the control of the surveyor, he, is compelled to wait for a period in excess of half an hour after that time before he can commence the inspection or survey;

(b) a surveyor is carrying out an inspection or survey under these Regulations and, for any reason outside his control, the inspection or survey is interrupted and he is compelled to wait for a period in excess of half an hour before he can continue the inspection or survey; or

(c) a surveyor carrying out an inspection or survey of a ship under these, Regulations is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection or survey for a period in excess of half an hour,

a fee calculated at the rate of Four dollars for each hour, or part of an hour, of the excess, or a fee of Sixteen dollars, whichever is the less, is payable, by virtue of this item, in respect of that inspection or survey.

19. Where, as a result of a request made by the owner, master or agent of a ship, a surveyor proceeds to a place outside the limits of the port at which he is ordinarily stationed for the purpose of carrying out an inspection or survey of a ship under these Regulations, a fee equal to the travelling and subsistence expenses necessarily incurred by the surveyor is payable, by virtue of this item, whether or not the proposed inspection or survey is carried out.

20. The fact that a fee is, by virtue of a particular item of this Schedule, payable in respect of an inspection or survey of a ship under these Regulations shall not be taken to prevent a further fee, or further fees, being payable, in respect of that inspection or survey by virtue of another item of this Schedule.

21. In this Schedule, “the office of the Department”, in relation to an inspection or survey or proposed inspection or survey, by a surveyor of a ship, means the office of the Department of Shipping and Transport, or of the representatives of that Department, at the place where the inspection or survey is made, or the proposed inspection or survey is to be made.

22. Where the gross registered tonnage of a ship includes a fraction or a percentage of a ton, the fraction or percentage shall, for the purposes of calculating a fee in accordance with this Schedule, be disregarded.

__________________

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra