Commonwealth Numbered Regulations

1987 No. 53 BOUNTY (SHIP REPAIR) (REGISTRATION) REGULATIONS - REG 4

4. (1) For the purposes of subsection 19 (8) of the Act, the conditions to be
complied with in connection with the eligible repair of bountiable ships are
that:

   (a)  the repairer shall comply in all respects with the
        Trade Practices Act  1974 ;

   (b)  the repairer shall comply in all respects with at least the minimum
        requirements for registration, and become registered, under the
        Standards Association of Australia Supplier Assessment Scheme in
        acordance with Australian Standard 1821, 1822 or 1823 as in force when
        these Regulations come into operation;

   (c)  where, after the repairer's application for registration as a
        registered repairer is made to the Minister under subsection 19 (2) of
        the Act, the repairer proposes that a subcontractor not specified in
        that application in accordance with paragraph 3 (c) may be employed in
        carrying out that repair, the repairer shall submit the name of that
        subcontractor to the Minister for approval;

   (d)  the repairer shall not lodge in connection with the eligible repair of
        a bountiable ship a claim for payment to the repairer of an amount of
        bounty in respect of any repair carried out by a subcontractor whose
        name:

        (i)    is not specified in accordance with paragraph 3 (c) in the form
               of application for registration of that repairer as a
               registered repairer; or

        (ii)   is not approved by the Minister in accordance with paragraph
               (c);

   (e)  the repairer shall not make to or in respect of an employee any
        payment known in the ship repair, the ship building or the building
        and construction industry as a cash in hand or an all in payment; and

   (f)  the repairer shall comply in all respects with the provisions of:

        (i)    any industrial agreement;

        (ii)   any industrial award;

        (iii)  any Commonwealth, State or Territory industrial arbitration
               authority decision; or

        (iv)   any occupational health and safety requirement in force under a
               law of the Commonwealth or of a State or Territory;
applicable to that repair or any aspect of that repair.
(2) In paragraph (1) (e) "cash in hand payment" includes the payment of
remuneration to or in respect of an employee in a manner that contravenes any
of the provisions of the Income Tax Assessment Act 1936.
(3) In paragraph (1) (e) "all in payment" includes any payment that is made,
otherwise than in accordance with an industrial agreement or industrial award,
in lieu of another payment due under an industrial agreement or industrial
award or in lieu of the fulfilment of a condition of employment applicable
under an industrial agreement or industrial award.