SHIPPING REGISTRATION ACT 1981 - SECT 83 Regulations
SHIPPING REGISTRATION ACT 1981 - SECT 83
Regulations(1) The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection ( 1), the regulations may make provision for and in relation to the following :
(a) the form and manner in which, and the time within which, applications under this Act are to be made;
(b) the documents (including statutory declarations) and information to be furnished by applicants in connection with, or in support of, applications under this Act;
(c) the keeping of the Registers and copies of the Registers , or a part or parts of the Registers ;
(d) the entries to be made in the Registers ;
(e) the form and manner in which, and the time within which, documents and information are to be lodged, including provision empowering the Registrar:
(i) to direct a person who has lodged, or is seeking to lodge, any document or information to do such things as are necessary to ensure that it is in accordance with the requirements of this Act; and
(ii) to treat any document or information as not having been lodged until it is in accordance with the requirements of this Act; and
(iii) to refuse applications if the documents or information to be lodged in connection with, or in support of, applications are not lodged in the form and manner, or within the time, prescribed by the regulations; and
(iv) upon application, to extend the time for lodging documents or information;
(ea) if the regulations require a document to be lodged with, or produced to, the Registrar or a proper officer and to be signed by a person--how the signing requirement is met (which may include a witnessing requirement);
(f) the registration (whether by way of entry in the General Register or International Register or otherwise) of documents and information;
(g) the re - registration of ships entitled to be registered, the registration of which under this Act, or under the previous law, has been closed;
(h) the registration of Government ships;
(j) the closure of the registration of ships;
(k) the qualifications required of, and other requirements relating to, registered agents;
(l) the verification, by statutory declaration, of information and documents required for the purposes of this Act;
(m) the retention or return by the Registrar of documents lodged in accordance with this Act;
(n) the selection and change of home ports for registered ships , including providing for the Authority to determine the ports that may be selected as home ports for registered ships ;
(o) the matters to be recorded or endorsed on registration certificates, provisional registration certificates and temporary passes;
(p) the requirements for the marking of ships for the purposes of section 26, including:
(i) providing for the Authority, by written instrument, to exempt a particular ship from the whole or a part of those requirements, subject to any conditions specified in the instrument; or
(ii) providing for the Authority, by legislative instrument, to exempt ships included in a class of ships from the whole or a part of those requirements, subject to any conditions specified in the instrument;
(q) the making of any declaration or the doing of any thing required or permitted by this Act to be made or done in the name and on behalf of a person incapable of making such a declaration or doing any such thing by reason of infancy, lunacy or other disability;
(r) the manner in which instruments, notices and other documents under this Act may be given to, or served on, persons;
(s) the payment of fees and expenses to persons required under this Act to attend and give evidence or make declarations before the Registrar or other persons;
(t) the imposition and recovery of fees in respect of:
(i) the making of applications under this Act;
(ii) the lodging and registration of documents or information;
(iii) the registration and re - registration of ships;
(iv) the issue of registration certificates, provisional registration certificates and temporary passes ;
(u) the conduct of any business relating to the Registration Office;
(v) the declaration of specified documents, or of documents included in specified classes of documents, to be admissible in evidence for the purposes of section 77;
(w) the form of any instrument, notice or other document permitted or required to be issued, furnished, lodged or registered for the purposes of this Act;
(x) any matter incidental to or connected with any of the foregoing.
(3) The regulations may provide that a specified provision of this Act does not apply, or applies with specified modifications, in relation to Government ships.
(a) provide for offences against the regulations; and
(b) provide for civil penalties for contraventions of the regulations.
(5A) The penalties for offences or civil penalties referred to in subsection ( 5) must not be more than 50 penalty units for an individual or 250 penalty units for a body corporate.
(6) The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:
(a) provision is made by this Act in relation to that matter or another matter; or
(b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.
(7) The power to make regulations conferred by this Act may be exercised:
(a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
(b) so as to make, with respect to the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.