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Ships (Capital Grants) Regulations

Authoritative Version
SR 1987 No 213 Regulations as amended, taking into account amendments up to SR 1991 No. 53
Administered by: DOTARS
Start Date 05 Jun 1996
End Date 15 Mar 2007
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Repealed by Enabling legislation repealed by Statute Law Revision Act 2007 (Act No. 8 of 2007).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



Compilation Information

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Ships (Capital Grants) Regulations

Statutory Rules 1987 No. 213 as amended
made under the
Ships (Capital Grants) Act 1987
This compilation was prepared on 27 August 2004
taking into account amendments up to SR 1991 No. 53
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

SHIPS (CAPITAL GRANTS) REGULATIONS
- REG 1
Citation [see Note 1]

These Regulations may be cited as the Ships (Capital Grants) Regulations.

SHIPS (CAPITAL GRANTS) REGULATIONS
- REG 1A
Interpretation

In these Regulations, unless the contrary intention appears:

Aburri means the ship of that name that is registered in Australia under registration number 855268.

Amity means the ship of that name that:

(a)
is a cutter suction dredger; and

(b)
is registered in Australia under registration number 853679.

Gulf Cloud means the ship of that name that is registered in Australia under registration number 855251.

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.

Northwest Stormpetrel means the ship of that name that is registered in Australia under registration number 854387.

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.

the Act means the Ships (Capital Grants) Act 1987.

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

(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:


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(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' 38" S: 144 degrees 36' 47" E) and Point Nepean (38 degrees 18' 15" S: 144 degrees 39' 0" E).


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

(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
Declaration under paragraph 6 (2) (c) of the Act

(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;


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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.

(7)
For the purposes of paragraph 6 (2) (c) of the Act, the Northwest Stormpetrel, when commissioned and on voyages, constitutes a category of ships.

(8)
For the purposes of paragraph 6 (2) (c) of the Act, the Aburri, when on voyages, constitutes a category of ships.

(9)
For the purposes of paragraph 6 (2) (c) of the Act, the Gulf Cloud, when on voyages, constitutes a category of ships.

SHIPS (CAPITAL GRANTS) REGULATIONS
- REG 4B
Prescribed maximum crew number — categories under regulation
4A

(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.

(5)
For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Northwest Stormpetrel is 22.

(6)
For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Aburri is 6.

(7)
For the purposes of paragraph 7 (1) (c) of the Act, the maximum crew number for the Gulf Cloud is 5.

SHIPS (CAPITAL GRANTS) REGULATIONS
- REG 5
Fees

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.

SHIPS (CAPITAL GRANTS) REGULATIONS
Notes to the Ships (Capital Grants) Regulations

Note 1

The Ships (Capital Grants) Regulations(in force under the Ships (Capital Grants) Act 1987) as shown in this compilation comprise Statutory Rules 1987 No. 213 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
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

1989 No. 385
21 Dec 1989
21 Dec 1989

1990 No. 256
9 Aug 1990
30 June 1990

1990 No. 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

1991 No. 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

1996 No. 87
5 June 1996
Rr. 3.1 and 4.1: 28 Dec 1994
Rr. 3.2 and 4.2: 15 Aug 1995
Rr. 3.3 and 4.3: 23 Aug 1995
Remainder: 5 June 1996

Table

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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; 1996 No. 87
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
R. 4A
ad. 1990 No. 256

am. 1991 Nos. 53 and 412; 1996 No. 87
R. 4B
ad. 1990 No. 256

am. 1991 Nos. 53 and 412; 1996 No. 87
R. 5
ad. 1988 No. 279

am. 1989 No. 385; 1990 No. 410