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Ships (Capital Grants) Regulations

SR 1987 No. 213 Regulations as amended, taking into account amendments up to SR 1995 No. 73
Registered 12 Apr 2010
Start Date 11 Apr 1995
End Date 15 Aug 1995
Date of repeal 15 Mar 2007
Repealed by Enabling legislation repealed by Statute Law Revision Act 2007 (Act No. 8 of 2007).

SHIPS (CAPITAL GRANTS) REGULATIONS
- In force under the Ships (Capital Grants) Act 1987
- Updated as at 19 April 1995 (HISTREG CHAP 1084 #DATE 19:04:1995)

*1* The Ships (Capital Grants) Regulations (in force under the Ships (Capital Grants) Act 1987) as shown in this reprint comprise Statutory Rules 1987 No. 213 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. 213 2 Oct 1987 2 Oct 1987
1988 No. 279 21 Nov 1988 Rr. 3 and 5: 1 June 1988 -
Remainder: 21 Nov 1988
1989 No. 317 28 Nov 1989 28 Nov 1989 -
385 21 Dec 1989 21 Dec 1989 -
1990 No. 256 9 Aug 1990 30 June 1990 -
410 17 Dec 1990 17 Dec 1990 -
1991 No. 53 28 Mar 1991 Rr. 3.1 and 5.1: -
21 Dec 1990
R. 5.3: 20 Mar 1991
Remainder: 28 Mar 1991
412 12 Dec 1991 R. 4.1: 14 July 1991 -
Remainder: 12 Dec 1991
1992 No. 411 16 Dec 1992 16 Dec 1992 -
1993 No. 287 5 Nov 1993 22 May 1992 -
1995 No. 73 11 Apr 1995 Rr. 3.1 and 4.1: -
17 Dec 1993
Remainder: 11 Apr 1995
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 1A ad. 1988 No. 279
am. 1991 No. 412; 1992 No. 411; 1995 No. 73
R. 2 rep. 1988 No. 279
R. 3 ad. 1988 No. 279
am. 1989 No. 317; 1991 Nos. 53 and 412; 1992
No. 411; 1993 No. 287; 1995 No. 73
R. 4 ad. 1988 No. 279
am. 1989 No. 317; 1991 No. 53; 1992 No. 411; 1993
No. 287; 1995 No. 73
Rr. 4A, 4B ad. 1990 No. 256
am. 1991 Nos. 53 and 412
R. 5 ad. 1988 No. 279
am. 1989 No. 385; 1990 No. 410
#ADD 24:4:1995

SHIPS (CAPITAL GRANTS) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
1A. Interpretation
3. Declarations: categories of ships - paragraph 6 (2) (a) of the
Act
4. Prescribed maximum crew numbers - categories under regulation 3
4A. Declarations: categories of ships (paragraph 6 (2) (c) of the
Act)
4B. Maximum crew numbers
5. Fees

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Ships (Capital Grants) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 1A
Interpretation

1A. In these Regulations, unless the contrary intention appears:
"the Act" means the Ships (Capital Grants) Act 1987;
"Amity" means the ship of that name that:
(a) is a cutter suction dredger; and
(b) is registered in Australia under registration number 853679;
"John Oxley II" means the ship of that name that:
(a) is a split hull hopper barge; and
(b) is registered in Australia under registration number 853680;
"Northwest Sandpiper" means the ship that:
(a) is in the course of construction by the Mitsui Engineering and Shipbuilding Co. Ltd; and
(b) was allocated the hull number 1370 by Mitsui Engineering and Shipbuilding Co. Ltd; and
(c) will be launched as the Northwest Sandpiper;
"Queenscliff" means the ship of that name that is registered in Australia as a vehicle and passenger ferry;
"SeaCat Tasmania" means the ship of that name that is registered in Australia under registration number 853995;
"Searoad Tamar" means the ship of that name that:
(a) was commissioned on 28 June 1991; and
(b) was allocated registration number 854168.

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 3
Declarations: categories of ships - paragraph 6 (2) (a) of the Act

3. (1) It is hereby declared that, for the purposes of the Act, the passenger ship known as the "Coral Princess", being the ship of that name registered in Australia under registration number 853138, on the following voyages:
(a) Queensland intra-state voyages:
(i) within waters not more than 100 nautical miles from the
baselines from which the territorial sea is measured; and
(ii) principally within daylight hours; and
(b) other voyages between places in Australia, not being voyages on which passengers are carried, for the purpose of promoting the services offered by the ship;
constitutes a category of ships.


(2) It is declared that, for the purposes of the Act, the polar research and supply ship "Aurora Australis" on voyages undertaken for the purposes of the Australian National Antarctic Research Expedition constitutes a category of ships.


(3) For the purposes of paragraph 6 (2) (a) of the Act, the SeaCat Tasmania constitutes a category of ships when:
(a) on voyages across Bass Strait; or
(b) on other voyages between places in Australia (except voyages on which passengers and vehicles are carried) made in relation to carrying out repairs or maintenance to the ship, or promoting services offered by the ship; or
(c) on voyages involving an intended period of duty for the ship's crew of no more than 12 hours duration and undertaken primarily during the hours of daylight; or
(d) on voyages between places outside Australia in the period beginning on 22 May 1992 and ending at the end of 30 November 1993:
(i) on which passengers are carried; and
(ii) for which accommodation on board the ship is not required for
overnight use by the crew of the ship; or
(e) on voyages, except voyages on which passengers are carried, for the purpose of positioning the ship outside Australia or of repositioning the ship in Australia.


(4) For the purposes of paragraph 6 (2) (a) of the Act, the Amity constitutes a category of ships when on voyages made for the purpose of dredging for coral from the seabed of Moreton Bay, Queensland.


(5) For the purposes of paragraph 6 (2) (a) of the Act, the John Oxley II constitutes a category of ships when on voyages made between the dredge Amity in Moreton Bay and Oxley wharf at the Darra Cement works, Darra, Queensland.


(6) For the purposes of paragraph 6 (2) (a) of the Act, the Queenscliff constitutes a category of ships when it is:
(a) on voyages undertaken primarily during the hours of daylight within the ports of Melbourne, Geelong and Queenscliff and inside the heads of Port Phillip; or
(b) on voyages between places in Australia (except voyages on which passengers or vehicles are carried) made for the purpose of repairing or maintaining the ship.


(7) In paragraph (6) (a), "inside the heads of Port Phillip" means waters to the landward side of a line joining Point Lonsdale (38 degrees 17 minutes 38 seconds S: 144 degrees 36 minutes 47 seconds E) and Point Nepean (38 degrees 18 minutes 15 seconds S: 144 degrees 39 minutes 0 seconds E).

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 4
Prescribed maximum crew numbers - categories under regulation 3

4. (1) Twelve is prescribed as the maximum crew number in relation to the category of ships under subregulation 3 (1).


(2) Twenty-four is prescribed as the maximum crew number in relation to the category of ships under subregulation 3 (2).


(3) The maximum crew number for the SeaCat Tasmania:
(a) on a voyage referred to in paragraph 3 (3) (a), (b) or (c) - is 17; and
(b) on a voyage referred to in paragraph 3 (3) (d) or (e) - is 19.


(4) The maximum crew number for the Amity when on a voyage referred to in subregulation 3 (4) is 3.


(5) The maximum crew number for the John Oxley II when on a voyage referred to in subregulation 3 (5) is 4.


(6) For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Queenscliff when it is on a voyage referred to in subregulation 3 (6) is 10.

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 4A
Declarations: categories of ships (paragraph 6 (2) (c) of the Act)

4A. (1) For the purposes of the Act, the ship that was:
(a) constructed by Australian Shipbuilding Industries (WA) Pty Ltd; and
(b) allocated the hull number 291 by Australian Shipbuilding Industries (WA) Pty Ltd; and
(c) launched on 14 June 1990;
is declared on voyages to constitute a category of ships.


(2) For the purposes of the Act, the ship that was:
(a) constructed by Australian Shipbuilding Industries (WA) Pty Ltd; and
(b) allocated the hull number 292 by Australian Shipbuilding Industries (WA) Pty Ltd; and
(c) launched as the Frank Konecny; and
(d) commissioned on 21 December 1990;
is declared on voyages to constitute a category of ships.


(3) For the purposes of the Act, the ship that:
(a) is in the course of construction by Australian Shipbuilding Industries (WA) Pty Ltd; and
(b) was allocated the hull number 293 by Australian Shipbuilding Industries (WA) Pty Ltd; and
(c) is intended to be used wholly or primarily in navigation by water;
is declared, when it is commissioned and voyages commence, to constitute a category of ships.


(4) For the purposes of the Act, the ship that was:
(a) allocated the registration number 853962; and
(b) launched as the Searoad Mersey; and
(c) commissioned on 20 March 1991;
is declared on voyages to constitute a category of ships.


(5) For the purposes of paragraph 6 (2) (c) of the Act, the Northwest Sandpiper when commissioned and on voyages constitutes a category of ships.


(6) For the purposes of paragraph 6 (2) (c) of the Act, the Searoad Tamar when commissioned and on voyages constitutes a category of ships.

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 4B
Maximum crew numbers

4B. (1) The maximum crew number in relation to a category of ships under subregulations 4A (1), (2), and (3) is 11.


(2) The maximum crew number in relation to the category of ships under subregulation 4A (4) is 14.


(3) For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Northwest Sandpiper is 25.


(4) For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Searoad Tamar is 17.

SHIPS (CAPITAL GRANTS) REGULATIONS - REG 5
Fees

5. For the purposes of subsection 27 (1) of the Act:
(a) the fee of $1,034 is prescribed to be paid in relation to an application under subsection 12 (1) of the Act for a category certificate for a ship; and
(b) the fee of $398 is prescribed to be paid in relation to an application under subsection 14 (1) of the Act for the insertion in a category certificate of a category.