Navigation (Orders) Regulations 1980

Statutory Rules 1980 No. 135 as amended

made under the

Navigation Act 1912

This compilation was prepared on 21 December 2001
taking into account amendments up to SR 2001 No. 351

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3A Reconsideration of decisions made under orders 

 4 Offences 

 5 Uniform Shipping Laws Code — exemptions 

 6 Evidentiary provision 

Notes 

1 Name of Regulations [see Note 1]

  These Regulations are the Navigation (Orders) Regulations 1980.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

the Act means the Navigation Act 1912.

3A Reconsideration of decisions made under orders

 (1) In this regulation:

certificate means a certificate within the meaning of paragraph 15 (2) (a) of the Act.

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

initial decision means a decision made by an officer under an order made in relation to the issue, recall, surrender or replacement, or the form or recording, of a certificate referred to in paragraph 15 (2) (a) of the Act, other than a decision to which subsection 43 (6) of the Administrative Appeals Tribunal Act 1975 applies.

officer means an officer of the Authority.

 (2) A person whose interests are affected by an initial decision may apply to the Authority for a reconsideration of that decision.

 (3) An application made under subregulation (2):

 (a) shall be in writing;

 (b) shall set out a statement of the reasons for the application; and

 (c) shall be lodged with the Authority within 21 days after the date on which the initial decision first comes to the notice of the applicant.

 (4) The Authority shall, upon receipt of an application made under subregulation (2):

 (a) where the Authority made the initial decision — reconsider that decision and make any decision that it might have made in the first instance; or

 (b) where an officer made the initial decision — cause the officer to reconsider that decision and make any decision that the officer might have made in the first instance.

 (5) Where an officer makes a decision under subregulation (4), the initial decision that he has reconsidered shall cease to have effect.

 (6) The Authority shall, by notice in writing within 40 days after the day on which an application made under subregulation (2) has been received, inform the applicant of the decision made under subregulation (4) in respect of the officer application.

 (7) An application may be made to the Administrative Appeals Tribunal for review of a decision made by an officer under subregulation (4).

 (8) A notice referred to in subregulation (6) 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 a person whose interests are affected by the decision.

 (9) failure to comply with the requirements of subregulation (8) in relation to a decision shall not be taken to affect the validity of the decision.

 (10) Where:

 (a) an officer has made an initial decision;

 (b) the officer made the decision by reason that the officer held or performed the duties of an office; and

 (c) the officer no longer holds or performs the duties of that office;

  this regulation has effect as if the decision had been made by:

 (d) the officer for the time being holding or performing the duties of that office; or

 (e) if there is no officer for the time being holding or performing the duties of that office, or that office no longer exists — such officer as the Authority specifies.

4 Offences

 (1) A person who fails to comply with a provision of an order made under subsection 425 (1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable by:

 (a) if the offender is an individual — a fine not exceeding 20 penalty units; or

 (b) if the offender is a body corporate — a fine not exceeding 50 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

5 Uniform Shipping Laws Code — exemptions

  If an order makes provision in relation to a matter by applying, adopting or incorporating a provision of the Uniform Shipping Laws Code that has effect by virtue of an order under subsection 427 (2) of the Act, the Authority may exempt:

 (a) in writing; and

 (b) conditionally or unconditionally;

  a ship, or a class of ships, from the application of the provision of the Code.

6 Evidentiary provision

 (1) In this regulation, unless the contrary intention appears:

container has the same meaning as in Division 9 of Part IV of the Act.

prescribed unit means an article, a package, or a combination of articles or packages into a single package.

 (2) In a prosecution for an offence referred to in regulation 4:

 (a) evidence of a marking (not being a marking referred to in paragraph (b)) borne at a particular time by a prescribed unit, or by a label attached to a prescribed unit (not being a prescribed unit to which a certificate referred to in paragraph (c) relates), purporting to specify the weight of the prescribed unit, is evidence that the weight of the prescribed unit at that time was the weight so specified;

 (b) evidence of a marking borne by a prescribed unit, or by a label attached to a prescribed unit, purporting to specify the weight of the prescribed unit at a specified time or in specified circumstances is evidence that the weight of the prescribed unit at that time or in those circumstances, as the case may be, is or was the weight so specified;

 (c) a certificate purporting to be issued by the keeper or person in charge of a weighing machine stating that a prescribed unit has been weighed by the person purporting to issue the certificate and found to be of the weight stated in the certificate is evidence of the facts stated in the certificate; and

 (d) evidence of a marking borne at a particular time by a container or prescribed unit, or by a label attached to a container or prescribed unit, purporting to specify the contents of the container or prescribed unit is evidence that the contents of the container or prescribed unit, as the case may be, at that time were the contents so specified.

Notes to the Navigation (Orders) Regulations 1980

Note 1

The Navigation (Orders) Regulations 1980 (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1980 No. 135 amended as indicated in the Tables below.

Table of Statutory Rules

(a) Statutory Rules 2001 No. 351 was made under the Navigation Act 1912, the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Shipping Registration Act 1981.

Table of Amendments