NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS 1981 NO. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS 1981 NO. 2 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Prescribed class of ships 4. Ascertainment of tonnage 5. Conversion into Australian currency 1981 No. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Navigation (Limitation of Shipowners' Liability) Regulations. 1981 No. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS - REG 2 Interpretation 2. (1) In these Regulations, unless the contrary intention appears- "Convention" has the same meaning as in Part VIII of the Act; "limitation fund" means a fund constituted in pursuance of Article 2 of the Convention; "relevant guarantee" means a guarantee of the kind referred to in Article 3 (6) of the Convention; "relevant payment" means a payment of a claim in respect of which a person is entitled to limit his liability under the Convention; "the Act" means the Navigation Act 1912. (2) In these Regulations, a reference to a prescribed class of ships is a reference to a class of ships prescribed for the purposes of paragraph 336 (1) (a) of the Act. 1981 No. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS - REG 3 Prescribed class of ships 3. For the purposes of paragraph 336 (1) (a) of the Act, the following is a prescribed class of ships, that is to say, ships that are registered, other than a ship- (a) that has been measured for tonnage in accordance with the Navigation (Tonnage Measurement) Regulations; (b) that has been measured for tonnage in accordance with the Merchant Shipping (Tonnage) Regulations 1967, as amended, in force under the Merchant Shipping Act; (c) that is registered in a country declared, in a proclamation in force under sub-section 407B (1) of the Act, to be a country to which sub-section 407B (2) of the Act applies; or (d) that is registered- (i) in a country specified in an Order in Council in force under section 84 of the Merchant Shipping Act; (ii) in Venezuela; or (iii) in the People's Republic of China. 1981 No. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS - REG 4 Ascertainment of tonnage 4. (1) In this regulation, "prescribed ship" means a ship- (a) that is not registered; or (b) that is included in a prescribed class of ships. (2) Where it is necessary to ascertain the tonnage of a prescribed ship for the purposes of an application made under sub-section 335 (1) of the Act, the tonnage shall be ascertained- (a) in the case of a ship that is able to be measured for tonnage-in accordance with the provisions of the Navigation (Tonnage Measurement) Regulations; or (b) in any other case-in accordance with the succeeding provisions of this regulation. (3) Where a prescribed ship is not able to be measured for tonnage, the Minister shall estimate- (a) the dimensions of the ship; and (b) the tonnage of the ship, being the tonnage that would have been ascertained in accordance with the provisions of the Navigation (Tonnage Measurement) Regulations if the estimated dimensions had been the actual dimensions of the ship. (4) On the hearing of the application under sub-section 335 (1) of the Act, the Court shall accept an estimate made under sub-regulation (3) unless the contrary is proved. 1981 No. 2 NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS - REG 5 Conversion into Australian currency 5. (1) Amounts of money expressed in the franc mentioned in Article 3 of the Convention shall be converted into Australian currency as follows: (a) 15 francs are to equal one special drawing right; and (b) special drawing rights are to be converted into Australian dollars at the official rate of exchange on the day on which the limitation fund is constituted, the relevant payment is made or the relevant guarantee is given. (2) In sub-regulation (1)- (a) a reference to a special drawing right shall be read as a reference to a special drawing right within the meaning of the International Monetary Agreements Act 1947; (b) a reference to the official rate of exchange on a day is a reference to the rate of exchange determined on that day by the Reserve Bank of Australia; and (c) a reference to the day on which the limitation fund is constituted shall be read as a reference to the day on which the order of the Court under sub-section 335 (1) of the Act constituting the fund is made. - NOTES 1981 No. 2*1* NAVIGATION (LIMITATION OF SHIPOWNERS' LIABILITY) REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 22 January 1981.