BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS
(#DATE 25:10:1993)
- In force under the Bounty (Ship Repair) Act 1986
- Updated as at 25 October 1993
*1* The Bounty (Ship Repair) (Reservation of Bounty) Regulations (in force
under the Bounty (Ship Repair) Act 1986) as shown in this reprint comprise
Statutory Rules 1987 No. 117 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. 117 15 June 1987 15 June 1987
1988 No. 174 8 July 1988 R. 2: 15 June 1987
Remainder: 8 July 1988
-
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Rr. 8A, 8B ad. 1988 No. 174
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Limit of bounty
4. Application for reservation of bounty
5. Order in which applications to be dealt with
6. Acceptance or refusal of application
7. Reservation of bounty
8. Cancellation of reservation
8A. Application for review
8B. Notice of reviewability
9. Increase of reserved amount
10. Order in which payments of bounty to be made
11. Transitional
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Bounty (Ship Repair) (Reservation
of Bounty) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 2
Interpretation
2. In these Regulations, unless the contrary intention appears:
"available amount", in relation to the bounty period, means the maximum
amount available in relation to that period for payment of bounty on the
production, that is to say, the carrying out of eligible repairs, in Australia
of bountiable ships less the aggregate of:
(a) all amounts of bounty paid in meeting valid claims for payment of bounty
lodged in relation to the bounty period in respect of the carrying out of such
repairs; and
(b) all amounts of bounty that are the subject of a reservation made and in
force under these Regulations in relation to that period;
"bounty allocation", in relation to payment of bounty, means the maximum
amount prescribed under regulation 3;
"maximum amount available", in relation to payment of bounty, means the
amount of $6,000,000 specified in subsection 12 (1) of the Act;
"repairer" means a registered repairer within the meaning of section 19 of
the Act or a person who has applied under subsection 19 (2) of the Act for
registration as a registered repairer (other than a person whose application
has been refused);
"the Act" means the Bounty (Ship Repair) Act 1986.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 3
Limit of bounty
3. For the purposes of subsection 12 (3) of the Act, the following maximum
amount is prescribed, namely, $30,000.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 4
Application for reservation of bounty
4. (1) A repairer who, in relation to a bountiable ship, has entered into a
service contract in writing may, at any time before the time of lodgment of a
valid claim for payment of bounty in respect of that contract, apply to the
Comptroller for reservation of a bounty allocation to which the repairer will
be entitled, on a valid claim for payment of bounty, on the completion of that
service contract.
(2) An application under subregulation (1) shall:
(a) be in accordance with the approved form;
(b) specify the service period to which the service contract relates;
(c) be signed and witnessed as required by the form; and
(d) be lodged with the Comptroller in the Australian Capital Territory,
together with a copy of the service contract.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 5
Order in which applications to be dealt with
5. (1) Subject to this regulation, the Comptroller shall deal with
applications made under regulation 4 in the order in which those applications
are lodged with the Comptroller.
(2) Where 2 or more applications are lodged on the same day, any one of
those applications that specifies a service period that commences earlier than
the commencement of the service period specified in another of those
applications shall, for the purpose of this regulation, be treated as having
been lodged before that other application.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 6
Acceptance or refusal of application
6. (1) Where, on an application made under regulation 4, the Comptroller,
having examined the application and caused such inquiries to be made as the
Comptroller considers necessary, is satisfied that the application complies
with subregulation 4 (2) and the applicant is entitled to make the
application, the Comptroller shall accept the application but shall, in any
other case, refuse the application.
(2) Where, pursuant to subregulation (1), the Comptroller makes a decision
accepting or refusing an application made under regulation 4, the Comptroller
shall, as soon as practicable after the making of the decision, notify the
applicant in writing of the decision.
(3) A notification under subregulation (2) in relation to a decision
refusing an application shall set out the reasons for the decision.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 7
Reservation of bounty
7. (1) Where, pursuant to regulation 6, the Comptroller accepts an
application, the Comptroller shall, in writing:
(a) if the total of amounts of bounty reserved at the time of that
acceptance is equal to or exceeds the maximum amount available - file the
application in accordance with subregulation (4); or
(b) if that total is less than the maximum amount available:
(i) in a case where, if the bounty allocation were reserved,
the maximum amount available would not be exceeded - reserve in the name of
the applicant an amount of bounty equal to the bounty allocation; or
(ii) in a case where, if the bounty allocation were reserved,
the maximum amount available would be exceeded - reserve in the name of the
applicant an amount of bounty equal to the available amount.
(2) The Comptroller shall, as soon as practicable after making a reservation
of an amount of bounty under subregulation (1), cause a notice in writing of
the reservation to be served on the applicant.
(3) Where the Comptroller reserves in the name of an applicant an amount of
bounty that is less than the bounty allocation, the notice referred to in
subregulation (2) shall contain statements to the effect that, subject to
regulation 4, if at any time the reservation of any amount of bounty in
relation to the bounty period is cancelled or varied, the amount of bounty
reserved in the name of the applicant will be increased in accordance with
regulation 9.
(4) As soon as practicable after filing an application as referred to in
paragraph (1) (a), the Comptroller shall cause a notice to be served on the
applicant containing a statement to the effect that, subject to regulation 4,
if at any time the reservation of any amount of bounty in relation to the
bounty period is cancelled or varied, an amount of bounty will be reserved in
the name of the applicant, being an amount not greater than the bounty
allocation, in accordance with the available amount resulting from the
cancellation or variation.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 8
Cancellation of reservation
8. (1) Where, in relation to the reservation of an amount of bounty:
(a) the approved repairer ceases to be a repairer, or has become the owner
or an associate of the owner of the vessel to which the reservation relates;
(b) the Minister has refused an application by the approved repairer to be
registered as a registered repairer; or
(c) the service contract to which the reservation relates has been
terminated, or repairs under the contract have been abandoned;
the Comptroller shall cancel the reservation.
(2) In subregulation (1), "approved repairer" means the person in whose name
an amount of bounty has been reserved under regulation 4.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 8A
Application for review
8A. (1) Applications may be made to the Administrative Appeals Tribunal for
review of:
(a) a decision of the Comptroller under subregulation 6 (1) to refuse an
application made under regulation 4; or
(b) a decision of the Comptroller under subregulation 8 (1) to cancel the
reservation of an amount of bounty.
(2) In this regulation, "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 8B
Notice of reviewability
8B. (1) Where the Comptroller makes a decision referred to in subregulation
8A (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).
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 9
Increase of reserved amount
9. (1) Where, in relation to the bounty period, the Comptroller:
(a) reserves an amount of bounty that is less than the bounty allocation;
and
(b) subsequently cancels the reservation of another amount of bounty, or
varies a reservation of another amount by reducing the amount of bounty so
reserved;
the Comptroller shall, in writing, increase the reserved amount of bounty
referred to in paragraph (a) by an amount equal to:
(c) the amount that is, by virtue of that cancellation or variation, no
longer the subject of a reservation; or
(d) the difference between the reserved amount of bounty referred to in
paragraph (a) and the bounty allocation;
whichever amount is the lesser.
(2) Where the Comptroller increases a reserved amount of bounty under
subregulation (1), the Comptroller shall cause a notice in writing of the
increase to be served on the person in whose name the reservation is made.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 10
Order in which payments of bounty to be made
10. (1) Subject to this regulation, the Comptroller shall cause valid claims
for the payment of bounty in respect of eligible repairs in Australia of
bountiable ships to be paid in the order in which the claims are lodged in
accordance with subsection 14 (2) of the Act.
(2) Where a claim for payment of bounty is lodged in relation to a contract
in respect of which an amount of bounty has not been reserved and was not
required to be reserved:
(a) if the available amount is sufficient to meet the claim - the
Comptroller shall cause the claim to be paid;
(b) if the available amount is insufficient to meet the claim in full - the
Comptroller shall cause the claim to be paid to the extent of the available
amount and shall defer payment in respect of the remainder of the claim;
(c) if there is no available amount - the Comptroller shall cause payment of
the claim to be deferred.
(3) Where the Comptroller causes payment of part or the whole of a claim for
payment to be deferred in accordance with paragraph (2) (b) or (c), the
Comptroller shall:
(a) enter in a register maintained for the purpose the date of the claim and
the amount of the claim in respect of which payment is so deferred; and
(b) if, by reason of the cancellation or variation of a reservation of
bounty, being a reservation made before or on that date, or for any other
reason, an available amount subsequently becomes available (being an available
amount ascertained without regard to any reservation of bounty made after that
date) - to the extent which the available amount as so ascertained allows, pay
the amount of the claim in respect of which payment is so deferred.
(4) Where the Comptroller causes part or the whole of a payment of bounty to
be deferred in accordance with paragraph (2) (b) or (c) the Comptroller shall,
as soon as practicable, notify the claimant in writing of that decision,
giving reasons for the decision.
(5) A notice referred to in subregulation (4) shall contain a statement to
the effect that, subject to these Regulations, if an available amount becomes
available to meet claims for payment of bounty, that available amount (being
the available amount ascertained as referred to in subregulation 3) will be
applied, to the extent to which that available amount allows, to payment of
the claim in respect of which payment of part or the whole of the amount
claimed has been deferred.
BOUNTY (SHIP REPAIR) (RESERVATION OF BOUNTY) REGULATIONS - REG 11
Transitional
11. (1) Where, on or after 10 October 1986 and before the commencement of
these Regulations, a repairer applies to the Comptroller for reservation of an
amount of bounty in respect of the carrying out of eligible repairs in
Australia of a bountiable ship, the application shall be taken to be an
application made under regulation 4 on the date of commencement of these
Regulations.
(2) Where, within the period commencing on 10 October 1986 and ending
immediately before the commencement of these Regulations, a person lodges a
claim for payment of an amount of bounty in respect of the carrying out of
eligible repairs in Australia of a bountiable ship that have been completed
during that period:
(a) those eligible repairs shall be taken to have been completed on the day
of commencement of these Regulations; and
(b) the claim shall be taken to be a claim lodged under subsection 14 (1) of
the Act as in force on that day.
(3) For the purpose of paragraph 10 (3) (d) of the Act, an application for
reservation of an amount of bounty in respect of eligible repairs in Australia
of a bountiable ship that is lodged as referred to in subregulation (1) shall
be taken to be so lodged before a claim for payment of an amount of bounty in
respect those eligible repairs of that ship that is lodged as referred to in
subregulation (2).