Federal Register of Legislation - Australian Government

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SR 1987 No. 53 Regulations as amended, taking into account amendments up to SR 1988 No. 175
Registered 22 Mar 2010
Start Date 08 Jul 1988
End Date 01 Jul 1995
Date of repeal 01 Jul 1995
Repealed by Repeal of the enabling legislation by Customs, Excise and Bounty Legislation Amendment Act 1995

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS
(#DATE 28:10:1993)

- In force under the Bounty (Ship Repair) Act 1986
- Updated as at 28 October 1993
*1* The Bounty (Ship Repair) (Registration) Regulations (in force under the Bounty (Ship Repair) Act 1986) as shown in this reprint comprise Statutory Rules 1987 No. 53 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1987 No. 53 9 Apr 1987 9 Apr 1987
1988 No. 175 8 July 1988 8 July 1988 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 am. 1988 No. 175
Rr. 5, 6 ad. 1988 No. 175

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Conditions for the purposes of subsection 19 (6) of the
Act
4. Conditions for the purposes of subsection 19 (8) of the
Act
5. Application for review
6. Notice of reviewability

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Bounty (Ship Repair) (Registration) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 2
Interpretation

2. In these Regulations, unless the contrary intention appears:
"industrial agreement" means an industrial agreement made pursuant to the Conciliation and Arbitration Act 1904 or a law of a State or Territory that exercises any power of conciliation or arbitration with reference to industrial disputes within the limits of that State or Territory;
"industrial award" means any award within the meaning of that Act or any award or order made under such a law of a State of Territory;
"the Act" means the Bounty (Ship Repair) Act 1986.

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 3
Conditions for the purposes of subsection 19 (6) of the Act

3. For the purposes of subsection 19 (6) of the Act, the conditions to be met by an applicant for registration under section 19 of the Act in relation to the repair of a ship, or class of ships, are that:
(a) the applicant possesses the workshop facilities and technical and management skills (including, without limiting that generality, skills in marine engineering, ship pipe work, ship structural fabrication and financial management) required to carry out that repair successfully and on time;
(b) the applicant possesses the financial means, or credit worthiness, required to fund the successful and timely carrying out of that repair and to meet, when they fall due, all financial liabilities (actual or contingent) likely to be incurred in so carrying out that repair;
(c) the applicant specifies in the form of application for that registration the names of all subcontractors that the applicant may employ in carrying out that repair;
(d) the applicant is a party to any industrial agreement, or industrial award, applicable to the carrying out of that repair or any aspect of that repair; and
(e) the applicant manifests to the satisfaction of the Minister an unambiguous intention:
(i) to be principally engaged in the business of ship
repair throughout the period of that registration;
(ii) to continue throughout the period of that registration
to be a party to any industrial agreement, or industrial award, referred to in paragraph (d); and
(iii) to comply throughout the period of that registration
in all respects with any provisions referred to in subparagraph 4 (1) (f) (i), (ii), (iii) or (iv) applicable to that repair or any aspect of that repair.

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 4
Conditions for the purposes of subsection 19 (8) of the Act

4. (1) For the purposes of subsection 19 (8) of the Act, the conditions to be complied with in connection with the eligible repair of bountiable ships are that:
(a) the repairer shall comply in all respects with the Trade Practices Act 1974;
(b) the repairer shall comply in all respects with at least the minimum requirements for registration, and become registered, under the Standards Association of Australia Supplier Assessment Scheme in acordance with Australian Standard 1821, 1822 or 1823 as in force when these Regulations come into operation;
(c) where, after the repairer's application for registration as a registered repairer is made to the Minister under subsection 19 (2) of the Act, the repairer proposes that a subcontractor not specified in that application in accordance with paragraph 3 (c) may be employed in carrying out that repair, the repairer shall submit to the Minister the name of that subcontractor for approval, together with such other information relating to the subcontractor as the Minister may, on reasonable grounds, require to enable the Minister to decide whether to approve, or refuse to approve, the name under subregulation (4);
(d) the repairer shall not lodge in connection with the eligible repair of a bountiable ship a claim for payment to the repairer of an amount of bounty in respect of any repair carried out by a subcontractor whose name:
(i) is not specified in accordance with paragraph 3 (c) in
the form of application for registration of that repairer as a registered repairer; or
(ii) the Minister has, under subregulation (4), refused to
approve;
(e) the repairer shall not make to or in respect of an employee any payment known in the ship repair, the ship building or the building and construction industry as a cash in hand or an all in payment; and
(f) the repairer shall comply in all respects with the provisions of:
(i) any industrial agreement;
(ii) any industrial award;
(iii) any Commonwealth, State or Territory industrial
arbitration authority decision; or
(iv) any occupational health and safety requirement in
force under a law of the Commonwealth or of a State or Territory;
applicable to that repair or any aspect of that repair.

(2) In paragraph (1) (e) "cash in hand payment" includes the payment of remuneration to or in respect of an employee in a manner that contravenes any of the provisions of the Income Tax Assessment Act 1936.

(3) In paragraph (1) (e) "all in payment" includes any payment that is made, otherwise than in accordance with an industrial agreement or industrial award, in lieu of another payment due under an industrial agreement or industrial award or in lieu of the fulfilment of a condition of employment applicable under an industrial agreement or industrial award.

(4) The Minister shall approve, or refuse to approve, the name of a subcontractor submitted under paragraph (1) (c) to the Minister for approval.

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 5
Application for review

5. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under subregulation 4 (4).

(2) In this regulation, "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.

BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 6
Notice of reviewability

6. (1) Where the Minister makes a decision referred to in subregulation 5 (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

(2) The validity of a decision is not affected by failure to comply with subregulation (1).