AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956
- Reprinted as at 19 December 1973 (HISTACT CHAP 1908 #DATE 19:12:1973)
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - TABLE OF PROVISIONS
TABLE
AUSTRALIAN COASTAL SHIPPING
COMMISSION ACT 1956-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3, 4. (Repealed)
5. Definitions
6. Extension to Territories
PART II-THE AUSTRALIAN COASTAL SHIPPING COMMISSION
Division 1-Establishment and Constitution of the Commission
7. Establishment of Commission
8. Constitution of Commission
9. Acting members
10 Leave of absence
11. Remuneration of members
12. Dismissal of members of Commission
13. Vacation of office
14. Meetings of Commission
Division 2-Functions, Powers and Duties of the Commission
15. Functions of Commission
16. Powers of Commission
17. Powers of Minister in relation to shipping services
18. Duties of Commission
19. Charges to be approved by Minister
20. Head office
Division 3-Staff
21 Appointment of officers
22. Terms and conditions of employment
23. General Manager
24. Temporary and casual employees
25. Public Service Arbitration Act not to apply
26. Preservation of certain awards, &c.
27. Application of certain Acts
Division 4-Finances of the Commission
28. Capital of the Commission
29. Payments to Commonwealth by Commission
30. Borrowing by the Commission
31. Bank accounts
32. Application of moneys
33. Profits of the Commission
34. Proper accounts to be kept
35. Audit
36. Liability to taxation
Division 5-Reports
37. Commission to keep Minister informed
38. Minister may require information
39. Annual report of Commission
PART III-(Sections 40-43) (Repealed)
PART IV-MISCELLANEOUS
44. Application of Merchant Shipping Acts
45. Application of certain Acts to Commission
46. Recovery of fares or charges
47. Purchase of ships by Minister for disposal
48. Restrictions on transfer or mortgage of ships
49. By-laws
50. Regulations
SCHEDULES
FIRST AND SECOND SCHEDULES (Repealed)
THIRD SCHEDULE
Acts applicable to the Commission
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 1.
Short title.
SECT
AUSTRALIAN COASTAL SHIPPING
COMMISSION ACT 1956-1973
An Act to establish an Australian Coastal Shipping Commission to operate
certain Shipping Services, and for other purposes.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Coastal Shipping Commission Act
1956-1973.*
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*
Sections 3 and 4 repealed by No. 216, 1973, s. 3.
* * * * * * * *
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 5.
Definitions.
SECT
Amended by No. 87, 1962, s. 2; and No. 216, 1973, s. 3.
5. In this Act, unless the contrary intention appears-
''approved bank'' means the Reserve Bank of Australia or another bank
approved by the Treasurer for the purposes of the provision in which the
expression occurs;
''Commissioner'' includes an Acting Commissioner;
''the Commission'' means the Australian Coastal Shipping Commission
constituted by this Act.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 6.
Extension to Territories.
SECT
Amended by No. 216, 1973, s. 3.
6. This Act extends to every Territory.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 7.
Establishment of Commission.
SECT
PART II-THE AUSTRALIAN COASTAL SHIPPING
COMMISSION
Division 1-Establishment and Constitution of the Commission
7. (1) For the purposes of this Act there shall be a Commission by the name
of the Australian Coastal Shipping Commission.
(2) The Commission-
(a) is a body corporate with perpetual succession and a common seal; and
(b) is capable, in its corporate name and in Australia or elsewhere, of
acquiring, holding and disposing of real and personal property and of suing
and being sued.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Commission affixed to a document and shall presume
that it was duly affixed.
(4) The exercise or performance of the powers or functions of the Commission
shall not be affected by reason only of there being a vacancy in the office of
a Commissioner.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 8.
Constitution of Commission.
SECT
8. (1) The Commission shall consist of five Commissioners, who shall be
appointed by the Governor-General.
(2) The Governor-General shall appoint one of the Commissioners to be
Chairman, and another to be Vice-Chairman, of the Commission.
Substituted by No. 216, 1973, s. 3.
(3) Subject to this Act, a Commissioner holds office for five years.
Sub-section (4) omitted by No. 216, 1973, s. 3.
* * * * * * * *
(5) In the event of a Commissioner ceasing to hold office before the
termination of the period of his appointment, another Commissioner may be
appointed in his place for the remainder of that period.
(6) A Commissioner is eligible for re-appointment.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 9.
Acting members.
SECT
9. (1) In the event of the absence from duty (whether on account of illness
or otherwise) of a Commissioner, the Minister may appoint a person to be an
Acting Commissioner during that absence, and a person so appointed has all the
powers and functions of a Commissioner.
(2) The appointment of an Acting Commissioner may be terminated at any time
by the Minister.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 10.
Leave of absence.
SECT
10. The Minister may grant leave of absence to a Commissioner upon such
terms and conditions as to remuneration or otherwise as the Minister
determines.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 11.
Remuneration of members.
SECT
11. A Commissioner shall be paid such remuneration and allowances as the
Governor-General determines.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 12.
Dismissal of members of Commission.
SECT
12. The Governor-General may terminate the appointment of a Commissioner for
inability, inefficiency or misbehaviour.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 13.
Vacation of office.
SECT
13. (1) If a Commissioner-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) resigns his office by writing under his hand addressed to the
Governor-General;
(c) is absent, except on leave granted by the Minister, from three
consecutive meetings of the Commission; or
(d) fails to comply with his obligations under the next succeeding
sub-section,
the Governor-General shall, by notice in the Gazette, declare that the office
of the Commissioner is vacant, and thereupon the office shall be deemed to be
vacant.
(2) A Commissioner who is directly or indirectly interested in a contract
made or proposed to be made by the Commission, otherwise than as a member, and
in common with the other members, of an incorporated company consisting of not
less than twenty-five persons, shall, as soon as possible after the relevant
facts have come to his knowledge, disclose the nature of his interest at a
meeting of the Commission.
(3) A disclosure under the last preceding sub-section shall be recorded in
the minutes of the Commission, and the Commissioner-
(a) shall not take part after the disclosure in any deliberation or
decision of the Commission with respect to that contract; and
(b) shall be disregarded for the purpose of constituting a quorum of the
Commission for any such deliberation or decision.
(4) Sub-section (2) of this section does not apply in relation to a contract
for the carriage of a Commissioner or of any of his goods.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 14.
Meetings of Commission.
SECT
14. (1) The Commission shall hold such meetings as, in the opinion of the
Chairman, are necessary for the efficient conduct of its affairs.
(2) The Minister may at any time convene a meeting of the Commission.
(3) The Chairman shall, on receipt of a written request signed by not less
than two Commissioners, call a meeting of the Commission.
(4) The Chairman of the Commission shall preside at all meetings of the
Commission at which he is present.
(5) In the event of the absence of the Chairman of the Commission from a
meeting of the Commission, the Vice-Chairman shall preside at that meeting.
(6) In the event of the absence of both the Chairman and the Vice-Chairman
from a meeting of the Commission, the Commissioners present shall appoint one
of their number to preside at that meeting.
(7) At a meeting of the Commission, three Commissioners constitute a
quorum.
(8) The person presiding at a meeting of the Commission has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 15.
Functions of Commission.
SECT
Division 2-Functions, Powers and Duties of the Commission
Amended by No. 216, 1973, s. 3.
15. The functions of the Commission are-
(a) to establish, maintain and operate, or to provide for the
establishment, maintenance and operation of, shipping services for the
carriage of passengers, goods and mails-
(i) between a place in a State and a place in another State;
(ii) between a place in the Commonwealth and a place in a Territory;
(iii) between a place in a Territory and a place in the same or another
Territory;
(iv) between a place in the Commonwealth and a place in another country;
and
(v) between a place in a Territory and a place in another country; and
(b) to establish, maintain and operate any shipping service incidental to a
shipping service operated by the Commission under the last preceding
paragraph.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 16.
Powers of Commission.
SECT
16. (1) Subject to this section, the Commission has power to do all things
necessary or convenient to be done for or in connexion with the performance of
its functions.
Amended by No. 145, 1968, s. 3.
(2) Without limiting the generality of the last preceding subsection, the
powers of the Commission referred to in that sub-section include power-
(a) to carry on the general business of a shipowner in relation to any
shipping service operated by the Commission;
(aa) subject to the approval of the Minister-
(i) to participate with another person in the formation of an
incorporated company;
(ii) to take, or otherwise acquire, and hold shares or stock in the
capital of an incorporated company;
(iii) to enter into a partnership; and
(iv) to enter into an arrangement for the sharing of receipts;
(b) to purchase, or to take on lease or charter, ships required for
carrying on the business of the Commission;
(c) to dispose of, or to lease or charter, any ship owned by the Commission
and to sub-lease or sub-charter any ship on lease or charter to the
Commission;
(d) to purchase or take on lease land, buildings or wharves necessary for
carrying on the business of the Commission;
(e) to dispose of, or grant leases of, land, buildings or wharves acquired
by, or vested in, the Commission;
(f) to purchase, or take on hire, plant, equipment, stocks or other goods
necessary for carrying on the business of the Commission;
(g) to dispose of plant, equipment, stocks or other goods acquired by, or
vested in, the Commission;
(h) subject to the approval of the Minister, to engage in stevedoring
operations;
(i) to appoint agents for the purposes of the business of the Commission;
(j) to act as agent for other persons;
(k) to train, or arrange for the training of, persons to fit them for
employment as officers or seamen in merchant ships;
(l) to compound, release or settle claims by or against the Commission,
whether in contract or in tort; and
(m) to do anything incidental to any of its powers.
Inserted by No. 145, 1968, s. 3; amended by No. 216, 1973, s. 3.
(2A) Notwithstanding the preceding provisions of this section and without
limiting the generality of paragraph (j) of the last preceding sub-section,
the Commission has power to act as agent for another person operating a
shipping service between a place in the Commonwealth and a place in another
country or between a place in a Territory and a place in another country or a
shipping service incidental to such a shipping service.
Substituted by No. 55, 1969, s. 3.
(2B) The approval of the Minister of the participation by the Commission
with another person in the formation of an incorporated company the powers of
which will extend to the doing of an act or thing that the Commission itself
is not empowered to do shall not be given unless the Minister is satisfied
that the participation by the Commission in the formation of the company would
be conducive to the performance of a function of the Commission.
Substituted by No. 55, 1969, s. 3.
(2C) The approval of the Minister of the taking or other acquisition by the
Commission of shares or stock in the capital of an incorporated company the
powers of which extend to the doing of an act or thing that the Commission
itself is not empowered to do shall not be given unless the Minister is
satisfied that the holding by the Commission of the shares or stock would be
conducive to the performance of a function of the Commission.
Inserted by No. 55, 1969, s. 3.
(2D) If-
(a) after the Commission takes or otherwise acquires shares or stock in the
capital of an incorporated company referred to in the last preceding
sub-section, the Minister becomes satisfied that the holding by the Commission
of the shares or stock is no longer conducive to the performance of a function
of the Commission; or
(b) the memorandum of association or articles of association of an
incorporated company in the capital of which the Commission holds shares or
stock are altered so as to empower the company to do an act or thing that the
Commission itself is not empowered to do and the Minister is not satisfied
that the continued holding by the Commission of the shares or stock would be
conducive to the performance of a function of the Commission,
the Minister shall, by instrument under his hand, direct the Commission to
dispose of the shares or stock and the Commission shall comply with the
direction as soon as practicable.
Inserted by No. 55, 1969, s. 3.
(2E) A reference in this section to an incorporated company shall be read as
a reference to a company that is to be incorporated, or is incorporated, as
the case may be, in Australia or elsewhere.
Amended by No. 4, 1966, s. 3.
(3) The Commission shall not, except with the approval of the Minister,
purchase or dispose of assets for a consideration exceeding One hundred
thousand dollars.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 17.
Powers of Minister in relation to shipping services.
SECT
17. (1) Where, in the opinion of the Minister, a shipping service of the
Commission is necessary to meet the requirements of a particular area and it
is desirable in the public interest that the shipping service should be
provided, the Minister may, by writing under his hand, direct the Commission
to establish, maintain and operate, or to continue to maintain and operate, a
shipping service for the purpose of meeting those requirements.
(2) So long as such a direction remains in force, the Commission shall
comply with the direction.
(3) Nothing in either of the last two preceding sub-sections authorizes the
Minister to give a direction for the establishment, maintenance or operation
of, or requires the Commission to establish, maintain or operate, a shipping
service which it is not within the functions of the Commission to establish,
maintain or operate.
(4) Where-
(a) the Commission establishes, maintains and operates, or continues to
maintain and operate, a shipping service in accordance with a direction given
under sub-section (1) of this section;
(b) the Commission satisfies the Minister that that shipping service has,
while being operated in accordance with the direction, operated at a loss in
any financial year; and
(c) a loss results in that financial year from the whole of the operations
of the Commission,
the Commission is entitled to be reimbursed by the Commonwealth to the extent
of the first-mentioned loss or to the extent of the secondmentioned loss,
whichever is the less.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 18.
Duties of Commission.
SECT
18. (1) Subject to its obligations under the last preceding section, the
Commission shall pursue a policy directed towards securing revenue sufficient
to meet all its expenditure properly chargeable to revenue, and to permit the
payment to the Commonwealth of a reasonable return on the capital of the
Commission.
(2) The Commission shall conduct its shipping services as efficiently as
possible and shall, subject to the last preceding sub-section, make its
shipping services available at the lowest possible rates of charges.
Added by No. 145, 1968, s. 4.
(3) The last two preceding sub-sections do not prevent the Commission
pursuing a policy in relation to its overseas shipping services to give effect
to, or making its overseas shipping services available at rates of charges
fixed by or in pursuance of, an agreement or arrangement entered into by the
Commission, with the approval of the Minister, with any other person
conducting shipping services.
Added by No. 145, 1968, s. 4; amended by No. 216, 1973, s. 3.
(4) For the purposes of the last preceding sub-section, ''overseas shipping
services'' means shipping services between a place in the Commonwealth and a
place in another country or between a place in a Territory and a place in
another country.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 19.
Charges to be approved by Minister.
SECT
19. (1) The rates of the charges of the Commission for the carriage of
persons or goods or for any other service are subject to approval by the
Minister.
Substituted by No. 145, 1968, s. 5.
(2) In exercising his powers under this section, the Minister shall have
regard to the duties of the Commission under sub-sections (1) and (2) of the
last preceding section and to the provisions of any agreement or arrangement
referred to in sub-section (3) of that section, as the case requires.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 20.
Head office.
SECT
20. The Commission shall establish its head office at such place as the
Minister, after receiving a recommendation from the Commission, determines.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 21.
Appointment of officers.
SECT
Division 3-Staff
21. (1) The Commission may appoint such officers as it thinks necessary for
the purposes of this Act.
(2) Subject to the next succeeding sub-section, a person shall not be
appointed as an officer of the Commission unless-
(a) he is a British subject;
(b) the Commission is satisfied as to his health and physical fitness; and
(c) he makes and subscribes an oath or affirmation of allegiance in
accordance with the form in the Schedule to the Constitution.
(3) The Commission may appoint, to such positions or to positions of such
classes as are approved by the Minister, persons who do not comply with all
the provisions of the last preceding sub-section.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 22.
Terms and conditions of employment.
SECT
22. (1) Subject to this section, the terms and conditions of employment of
officers appointed by the Commission shall be such as are determined by the
Commission.
Amended by No. 88, 1964, s. 3; and No. 4, 1966, s. 3.
(2) The Commission shall not, except with the approval of the Minister,
determine the salary of a position in the service of the Commission at a rate
exceeding Seven thousand dollars per annum.
Amended by No. 216, 1973, s. 3.
(3) Where a Commissioner or an officer appointed in pursuance of this
section was, immediately before his appointment, an officer of the Public
Service of the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as a
Commissioner or as an officer of the Commission shall be taken into account as
if it were service in the Public Service of the Commonwealth.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 23.
General Manager.
SECT
23.* (1) The Commission shall appoint a person to be the General Manager of
the Commission.
(2) The General Manager shall be the chief executive officer of the
Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 24.
Temporary and casual employees.
SECT
24. The Commission may employ such temporary or casual employees as it
thinks fit, on such terms and conditions as the Commission determines.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 25.
Public Service Arbitration Act not to apply.
SECT
25. The Public Service Arbitration Act 1920-1955 does not apply in relation
to the employment of officers or employees of the Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 26.
Preservation of certain awards, &c.
SECT
26. Nothing in this Act shall be deemed to prevent the making of an
industrial award, order, determination or agreement under any Act (other than
the Public Service Arbitration Act 1920-1955) in relation to persons appointed
or employed under this Act or affect the operation of any such award, order,
determination or agreement in relation to persons so appointed or employed.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 27.
Application of certain Acts.
SECT
Sub-section (1) omitted by No. 216, 1973, s. 3.
27. * * * * * * * *
(2) The Seamen's Compensation Act 1911-1954 applies in relation to seamen
(within the meaning of that Act) who are officers or employees of the
Commission.
Sub-section (3) omitted by No. 216, 1973, s. 3.
* * * * * * * *
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 28.
Capital of the Commission.
SECT
Division 4-Finances of the Commission
Substituted by No. 216, 1973, s. 3.
28. The capital of the Commission at any time is an amount equal to the sum
of-
(a) $35,850,000; and
(b) such amounts as have been paid to the Commission by the Treasurer out
of moneys appropriated by the Parliament for the purposes of the Commission,
less any amounts of capital that have been repaid to the Commonwealth by the
Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 29.
Payments to Commonwealth by Commission.
SECT
29. (1) Interest is not payable to the Commonwealth on the capital of the
Commission but the Commission shall pay to the Commonwealth, out of the
profits of the Commission for a financial year, such amount as the Minister,
with the concurrence of the Treasurer, determines.
(2) The capital of the Commission is repayable to the Commonwealth at such
times and in such amounts as the Minister, with the concurrence of the
Treasurer, determines.
(3) In the making of a determination under either of the last two preceding
sub-sections, regard shall be had to any advice which the Commission has
furnished to the Minister in relation to the financial affairs of the
Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 30.
Borrowing by the Commission.
SECT
Substituted by No. 88, 1964, s. 4.
30. (1) The Commission may, with the approval of the Treasurer, borrow
moneys from time to time in such amounts as the Minister certifies are, in his
opinion, necessary for meeting its obligations or discharging its functions
under this Act.
(2) Subject to the next succeeding sub-section, the Treasurer may, on behalf
of the Commonwealth, out of moneys appropriated by the Parliament for the
purpose, lend to the Commission, at such rate of interest, and on such other
terms and conditions, as he determines, moneys that the Commission is
authorized to borrow under the last preceding sub-section and the borrowing of
which by the Commission from the Commonwealth is approved by the Minister.
(3) The rate of interest determined by the Treasurer under the last
preceding sub-section in relation to a loan of moneys to be made to the
Commission shall be not less than the rate of interest declared by the
Treasurer to be the rate of interest payable on the long term loan last raised
by the Commonwealth in Australia by public subscription.
(4) The Commission may give security over the whole or any part of its
assets for the repayment of amounts borrowed under this section and the
payment of interest on amounts so borrowed.
(5) The Treasurer may, with the concurrence of the Minister, on behalf of
the Commonwealth, guarantee the repayment by the Commission of amounts
borrowed under this section otherwise than from the Commonwealth and the
payment of interest on amounts so borrowed.
Sub-section (6) omitted by No. 4, 1966, s. 2.
* * * * * * * *
(7) The moneys that may be borrowed by the Commission under this section do
not form part of the capital of the Commission under section twenty-eight of
this Act.
(8) The Commission shall not borrow moneys except in accordance with this
section.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 31.
Bank accounts.
SECT
Sub-section (1) substituted by No. 87, 1962, s. 4.
31. (1) The Commission may open an account or accounts with an approved bank
or approved banks and shall maintain at all times at least one such account.
(2) The Commission shall pay all moneys received by it into an account
referred to in this section.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 32.
Application of moneys.
SECT
32. (1) Subject to the next succeeding sub-section, the moneys of the
Commission shall be applied only-
(a) in payment or discharge of the expenses, charges and obligations
incurred or undertaken by the Commission in the exercise of its powers under
this Act;
(b) in payment of the remuneration and allowances of the Commissioners and
any Acting Commissioners; and
(c) in making payments to the Commonwealth as provided by this Act.
Substituted by No. 88, 1964, s. 5.
(2) Moneys of the Commission not immediately required for the purposes of
the Commission may be invested-
(a) on fixed deposit with an approved bank;
(b) in securities of the Commonwealth; or
(c) subject to such conditions, if any, as the Treasurer determines by
instrument under his hand-by way of loan to a person for the time being
approved by the Treasurer upon the security of securities of the
Commonwealth.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 33.
Profits of the Commission.
SECT
33. (1) For the purposes of this Act, the profits of the Commission for a
financial year are the amount (if any) remaining after deducting from the
revenue received or receivable in respect of that financial year the
expenditure properly chargeable against that revenue.
(2) For the purposes of the last preceding sub-section, the expenditure of
the Commission properly chargeable against the revenue received or receivable
in respect of a financial year includes-
(a) charges and expenses accrued in that year but not paid;
(b) provision made in that year for obsolescence and depreciation of
assets;
(c) provision made in that year for repairs and surveys of ships;
(d) provision made in that year in lieu of insurance;
(e) provision made in that year for staff superannuation; and
(f) provision made in that year for income tax,
but does not include expenditure charged against amounts provided out of the
revenue of a previous year or expenditure in payment of charges and expenses
accrued in a previous year.
(3) The profits of the Commission for a financial year shall be applied in
the first place in payment of such sums as have been determined by the
Minister under sub-section (1) of section twenty-nine of this Act; the balance
(if any) shall be applied in such manner as the Minister, with the concurrence
of the Treasurer, determines.
(4) In the making of a determination under the last preceding sub-section,
regard shall be had to any advice which the Commission has furnished to the
Minister in relation to the financial affairs of the Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 34.
Proper accounts to be kept.
SECT
34. The Commission shall keep proper accounts and records in accordance with
the accounting principles generally applied in commercial practice and shall
do all things necessary to ensure that all payments out of its moneys are
correctly made and properly authorized and that adequate control is maintained
over its assets and the incurring by it of liabilities.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 35.
Audit.
SECT
35. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Commission, and shall forthwith draw the
Minister's attention to any irregularity disclosed by the inspection and audit
which, in the opinion of the Auditor-General, is of sufficient importance to
justify his so doing.
(2) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under the last
preceding sub-section.
(3) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Commission relating directly or indirectly to the receipt or
payment of moneys by the Commission or to the acquisition, receipt, custody or
disposal of assets of the Commission.
(4) The Auditor-General or an officer authorized by him may make copies of
or take extracts from any such accounts, records, documents or papers.
(5) The Auditor-General or an officer authorized by him may require a
Commissioner or an officer of the Commission to furnish him with such
information in the possession of the Commissioner or officer or to which the
Commissioner or officer has access as the Auditor-General or authorized
officer considers necessary for the purposes of an inspection or audit under
this Act, and the Commissioner or officer of the Commission shall comply with
the requirement.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 36.
Liability to taxation.
SECT
36. (1) Subject to this section, the Commission is subject to taxation under
the laws of the Commonwealth, but is not subject to taxation under a law of a
State or Territory of the Commonwealth to which the Commonwealth is not
subject.
Amended by No. 216, 1973, s. 3.
(2) The Commission is not a public authority for the purposes of paragraph
(d) of section twenty-three of the Income Tax Assessment Act 1936-1973.
(3) The Commission is not a public transport authority for the purposes of
item 77 in the First Schedule to the Sales Tax (Exemptions and
Classifications) Act 1935-1956.
Amended by No. 216, 1973, s. 3.
(4) For the purposes of the Income Tax Assessment Act 1936-1973, the cost to
the Commission of any ship or other asset becoming vested in the Commission
under section forty of this Act shall be deemed to be the value of that asset
as determined by the Treasurer under section twenty-eight of this Act.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 37.
Commission to keep Minister informed.
SECT
Division 5-Reports
37. The Commission shall from time to time inform the Minister concerning
the general conduct of its business.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 38.
Minister may require information.
SECT
38. The Commission shall furnish to the Minister such information relating
to its operations as the Minister requires.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 39.
Annual report of Commission.
SECT
39. (1) The Commission shall, as soon as practicable after each thirtieth
day of June, prepare and furnish to the Minister a report of its operations
during the year ended on that date, together with financial statements in
respect of that year in such form as the Treasurer approves.
(2) The report shall deal specifically with the operations of the Commission
in relation to any service in respect of which a direction of the Minister
under section seventeen of this Act was in force during the year and the
financial statement shall show separately the financial results of any such
operations.
(3) Before furnishing the financial statements to the Minister, the
Commission shall submit them to the Auditor-General, who shall report to the
Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and show fairly the financial operations and the state of the affairs of the
Commission;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Commission during the year have
been in accordance with this Act;
(d) as to the adequacy of provision in the nature of reserves made in the
accounts of the Commission; and
(e) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(4) The Minister shall lay the report and financial statements of the
Commission, together with the report of the Auditor-General, before each House
of the Parliament within fifteen sitting days of that House after their
receipt by the Minister.
Part III (ss. 40-43) repealed by No. 216, 1973, s. 3.
* * * * * * * *
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 44.
Application of Merchant Shipping Acts.
SECT
PART IV-MISCELLANEOUS
44. Ships belonging to the Commission shall not be deemed-
(a) to be ships belonging to Her Majesty for the purposes of section seven
hundred and forty-one of the Imperial Act known as the Merchant Shipping Act,
1894; or
(b) to be Government ships for the purposes of section eighty of the
Imperial Act known as the Merchant Shipping Act, 1906.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 45.
Application of certain Acts to Commission.
SECT
45. (1) The Acts specified in the Third Schedule to this Act apply to and in
relation to the Commission in the same manner as they apply to and in relation
to other persons.
(2) Nothing in the last preceding sub-section affects the operation of any
other Act or law that is applicable to or in relation to the Commission.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 46.
Recovery of fares or charges.
SECT
46. If on demand a person fails to pay the fares or charges due to the
Commission in respect of a service rendered by the Commission, the Commission
may, without prejudice to its right to sue for and recover any part of the
fares or charges not recovered under this section, detain and sell all or any
of the goods of the person which are in its possession, and out of the moneys
arising from the sale retain the fares or charges so payable, and all charges
and expenses of the detention and sale, and shall render the surplus, if any,
of the moneys arising by the sale, and such of the goods as remain unsold, to
the person entitled to the surplus or to the goods, as the case may be.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 47.
Purchase of ships by Minister for disposal.
SECT
47. The Minister, with the concurrence of the Treasurer, may, on behalf of
the Commonwealth and for the purposes of the Commonwealth, purchase ships and
dispose of ships so purchased to the Commission or to any other person.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 48.
Restrictions on transfer or mortgage of ships.
SECT
48. (1) A person shall not, except with the consent of the Minister (proof
whereof shall lie upon that person)-
(a) transfer a ship to which this section applies and which is registered
in Australia or is owned, managed or controlled by a person resident in
Australia or by a body corporate whose principal place of business is in
Australia, or a share in any such ship, to a person not resident in Australia
or to a body corporate whose principal place of business is not in Australia;
(b) mortgage any such ship or share, or transfer a mortgage of any such
ship or share, to a person not resident in Australia or to a body corporate
whose principal place of business is not in Australia; or
(c) make application for the transfer of the registration of any such ship
from a port of registry in Australia to a port of registry outside Australia.
(2) A transfer or mortgage effected in breach of this section is void.
(3) The consent of the Minister under this section may be given either
generally or in relation to a particular case, and may be given subject to
such terms and conditions (if any) as the Minister thinks fit.
Amended by No. 4, 1966, s. 3.
(4) Where, in pursuance of this section, the Minister has consented to a
transfer, mortgage or other transaction subject to terms and conditions-
(a) a person shall comply with such of those terms and conditions as are
applicable to him; and
(b) in the event of a failure to comply with any such term or condition, the
transfer, mortgage or other transaction shall be deemed to have been effected
without the consent of the Minister and the provisions of this section shall
be applicable accordingly.
Penalty: Two thousand dollars.
(5) The Minister shall exercise his powers and discretions under this
section only for the purpose of ensuring that adequate shipping is available
for the purposes of trade and commerce among the States and for the purposes
of the trade and commerce of the Territories of the Commonwealth.
(6) This section applies to ships having a gross tonnage exceeding two
hundred tons and being not more than twenty-five years old.
(7) For the purposes of this section, the age of a ship shall be reckoned as
from the first day of January next following the year shown in the certificate
of registry of that ship as the year in which that ship was built.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 49.
By-laws.
SECT
Sub-section (1) amended by No. 4, 1966, s. 3.
49. (1) The Commission may make by-laws, not inconsistent with this Act,
prescribing matters providing for or in relation to-
(a) the operation of the shipping services, and the conditions governing
the performance of any service which the Commission may under this Act carry
out or authorize;
(b) the protection and preservation of property of, or property in the
custody or under the control of, the Commission;
(c) the maintenance of order in connexion with the operation of the
shipping services;
(d) the sale or other disposal of unclaimed goods in the possession of the
Commission and the disposal of the proceeds of any such sale;
(e) the prohibition of interference with the shipping services or with
property of the Commission or of interference with or obstruction of any
officer or employee of the Commission;
(f) the limitation of the liability of, and the conditions governing the
making of claims upon, the Commission in respect of damage to or loss of
goods; and
(g) the provision of penalties not exceeding a fine of One hundred dollars
or imprisonment for a period not exceeding three months for the breach of a
by-law.
(2) A by-law has no force or effect until it has been-
(a) approved by the Governor-General; and
(b) published in the Gazette.
(3) By-laws shall be deemed to be Statutory Rules within the meaning of the
Rules Publication Act 1903-1939.
(4) Sections forty-eight and forty-nine of the Acts Interpretation Act
1901-1950 apply to by-laws in like manner as they apply to regulations.
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - SECT. 50.
Regulations.
SECT
Amended by No. 4, 1966, s. 3.
50. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and, in particular, for prescribing
penalties not exceeding a fine of One hundred dollars or imprisonment for a
period not exceeding three months, or both, for offences against the
regulations.
-----------
AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - THE SCHEDULES
SCH
THE SCHEDULES
First and Second Schedules repealed by No. 216, 1973, s. 3.
* * * * * * * *
Amended by No. 87, 1962, s. 6; and No. 145, 1968, s. 6.
THIRD SCHEDULE
Section
45
ACTS APPLICABLE TO THE COMMISSION
Beaches, Fishing Grounds and Sea Routes Protection Act 1932. Control of Naval
Waters Act 1918. Customs Act 1901-1954. Lighthouses Act 1911-1955. Migration
Act 1958. Navigation Act 1912-1953. Quarantine Act 1908-1950. Sea-Carriage of
Goods Act 1924. Stevedoring Industry Act 1949-1954. Stevedoring Industry Act
1956. Stevedoring Industry Charge Act 1947-1954. Stevedoring Industry Charge
Assessment Act 1947-1953. Trade Practices Act 1965-1967. Wireless Telegraphy
Act 1905-1950.
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AUSTRALIAN COASTAL SHIPPING COMMISSION ACT 1956-1973 - NOTES
NOTES
1. The Australian Coastal Shipping Commission Act 1956-1973 comprises the
Australian Coastal Shipping Commission Act 1956 as amended by the other Acts
specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Australian Coastal
Shipping Commission Act
1956 No. 41, 1956 30 June 1956 1 Oct 1956 (see
Gazette 1956, p.
2917)
Australian Coastal
Shipping Commission Act
1962 No. 87, 1962 14 Dec 1962 11 Jan 1963
Australian Coastal
Shipping Commission Act
1964 No. 88, 1964 5 Nov 1964 5 Nov 1964
Australian Coastal
Shipping Commission Act
1966 No. 4, 1966 1 Apr 1966 29 Apr 1966
Australian Coastal
Shipping Commission Act
1968 No. 145, 1968 9 Dec 1968 9 Dec 1968
Australian Coastal
Shipping Commission Act
1969 No. 55, 1969 14 June 1969 14 June 1969
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 23-By section 15 of, and Schedule 4 to, the Remuneration and Allowances
Acts 1973, the rate per annum of the salary applicable to the office of
General Manager of the Australian Coastal Shipping Commission is $25,000 with
an annual allowance of $1,200.