Statutory Rules
1978 No. 35
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 ninth day of March 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENT OF THE NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS†
Schedule 6
1. Schedule 6 to the Navigation (Tonnage Measurement) Regulations is amended by omitting the table in sub-item (1) of item 2 and substituting the following table:
Gross tonnage of ship | Fee |
| $ |
Not exceeding 100 tons.................................. | 128 |
Exceeding 100 tons but not exceeding 200 tons................... | 192 |
Exceeding 200 tons but not exceeding 350 tons................... | 256 |
Exceeding 350 tons but not exceeding 500 tons................... | 320 |
Exceeding 500 tons but not exceeding 1,000 tons................. | 384 |
Exceeding 1,000 tons but not exceeding 9,000 tons................ | 512 plus $128 for each 1,000 tons or part thereof by which the ship exceeds 1,000 tons |
Exceeding 9,000 tons but not exceeding 15,000 tons............... | 1,536 plus $104 for each 1,000 tons or part thereof by which the ship exceeds 9,000 tons |
Exceeding 15,000 tons but not exceeding 60,000 tons.............. | 2,160 plus $72 for each 1,000 tons or part thereof by which the ship exceeds 15,000 tons |
Exceeding 60,000 tons................................... | 5,472 |
* Notified in the Commonwealth of Australia Gazette on 16 March 1978.
† Statutory Rules 1976. No. 250 as amended by Statutory Rules 1977, No. 274.
Application
2. The Navigation (Tonnage Measurement) Regulations as amended by these Regulations apply in relation to the fees specified in, or ascertained in accordance with, Schedule 6 payable after 31 December 1977.
Overview
Statutory Rules 1978 No. 35, enacted under the Navigation Act 1912, amends the Navigation (Tonnage Measurement) Regulations to revise the fees for the tonnage measurement of ships. This legislative instrument was introduced to address the need for updated fee structures that reflect changes in the maritime industry since the original regulations were established. The enactment was carried out by the Governor-General, acting on the advice of the Federal Executive Council, and was overseen by Peter Nixon, the Minister of State for Transport. The policy objective behind these amendments is to ensure that the fees for ship tonnage measurement remain aligned with the economic and operational realities of maritime transport, thereby facilitating effective regulation and administration within Australia's shipping sector.
Scope and Application
The Navigation (Tonnage Measurement) Regulations, as amended by Statutory Rules 1978 No. 35, apply to the fees associated with the tonnage measurement of ships within Australian waters, specifically in relation to the fees specified in, or ascertained in accordance with, the amended Schedule 6. These regulations are applicable to all ships whose tonnage measurement fees are payable after 31 December 1978, regardless of the ship's ownership or operation. The regulations establish a tiered fee structure based on the gross tonnage of the ship, with specific fees outlined for ships of varying tonnage ranges. This legislation extends the application of the Navigation Act 1912 to the measurement and associated fees of ships, ensuring that the regulatory framework remains current and reflective of the actual costs involved in the measurement process.
Key Provisions
The main operative sections of these Regulations (Sections 1 and 2) involve the amendment of Schedule 6 to the Navigation (Tonnage Measurement) Regulations. Specifically, these Regulations update the table detailing the fees for tonnage measurement of ships, which is set out in sub-item (1) of item 2 of Schedule 6. The amended table provides a detailed breakdown of the fees payable for ships of various gross tonnage categories. This amendment applies to fees specified in or ascertained according to Schedule 6, effective from 31 December 1977.
These Regulations impose clear obligations on the parties involved in the tonnage measurement of ships. Ship owners or operators must ensure that the correct fee, as outlined in the amended Schedule 6, is paid when registering or renewing the registration of their ship. The fees are categorised based on the gross tonnage of the ship, and the appropriate fee must be calculated and paid according to the new schedule.
The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, under the overarching Navigation Act 1912, failure to comply with the requirements for ship registration and payment of fees could result in legal repercussions. These may include fines, penalties, or other enforcement actions as prescribed by the relevant maritime authorities. The precise penalties would be determined based on the specific provisions of the Navigation Act 1912 and any other applicable legislation.