Commonwealth Numbered Regulations - Explanatory Statements

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SHIPS (CAPITAL GRANTS) REGULATIONS (AMENDMENT) 1993 NO. 287

Statutory Rules 1993 No. 287

Issued by the authority of the Minister for Transport and Communications

Ships (Capital Grants) Act 1987

Ships (Capital Grants) Regulations (Amendment)

Section 42 of the Ships (Capital Grants) Act 1987 provides that the Governor-General may make Regulations for the purposes of the Act.

The purpose of the proposed amendment to the Regulations is to vary the existing category created for the ship SeaCat Tasmania to allow it to undertake a wider variety of voyages during the period 22 May 1992 and 30 November 1993, with a higher maximum crew level, than its category currently allows.

The Ships (Capital Grants) Act 1987 is intended to provide an incentive in the form of a taxable grant for the introduction of more efficient ships into the Australian shipping industry. To be eligible for, and retain, a grant a ship must comply with certain maximum crew levels specified in the Act which are prescribed according to the category of ship. The Act provides for Regulations to create categories where proposed ships, or voyages of ships that have been paid grants, do not fit existing categories set out in the Act or created by Regulation.

Regulation 1 provides the date of effect of the amendment to be 22 May 1992. The commencement date reflects an application for a variation to the SeaCat Tasmania's category certificate that was held over pending the outcome of an appeal to the Administrative Appeals Tribunal (AAT) by the operators of the ship on a decision of the Delegate of the Secretary to the Department of Transport and Communications rejecting an application that the ship be allowed to operate overseas with a crew not made up wholly of Australian residents from 22 May 1992. The AAT subsequently approved the use of non-resident crew.

This amendment is beneficial to the owners of the SeaCat Tasmania. In terms of subsection 48(2) of the Acts Interpretation Act 1901 no liability will be imposed on a person (other than the Commonwealth) in respect of anything done before the date of notification.

Regulation 2 provides that these Regulations amend the Ships (Capital Grants) Regulations.

Regulation 3 sets out the additional eligible voyages that the SeaCat Tasmania is able to undertake. This ensures that the voyages undertaken by the SeaCat Tasmania in the English Channel during the period 22 May 1992 and 30 November 1993 do not fall outside the ship's category certificate and the ship's operators will not, as a result, be liable to repay the grant as would have been required under the Act.

Regulation 4 prescribes that the maximum number of crew for the SeaCat Tasmania while it is undertaking voyages between places outside of Australia's territorial waters is to be 19.