Commonwealth Numbered Regulations - Explanatory Statements

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SHIPS (CAPITAL GRANTS) REGULATIONS (AMENDMENT) 1995 NO. 73

STATUTORY RULES 1995 No. 73

Issued by the Authority of the Minister for Transport

Ships (Capital Grants) Act 1987

Ships (Capital Grants) Regulations (Amendment)

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

The Act is intended to provide an incentive for the introduction of more efficient ships into the Australian shipping industry. The Act provides for the payment of a taxable grant to the owners of eligible trading ships, as defined under the Act.

To be eligible for grant, a ship must be capable of being crewed within benchmark maximum crew levels prescribed under the Act for a particular category of ship. The Act specifies three statutory categories of ship, and provides for the creation of a category of ship by regulation where ships do not fit into the existing statutory categories. A ship must possess a category certificate in order for a grant to be payable to the shipowner.

The Regulations create a category of ship for the "Queenscliff", with a specified maximum crew level of 10 on specified voyages. The maximum crew level has been assessed by the Australian Maritime Safety Authority to be safe and efficient for the operations of this ship.

The "Queenscliff" is a passenger/vehicle ferry which operates on a daily basis between Queenscliff and Sorrento, within Port Phillip Bay, Victoria. The ship operates within sheltered waters and primarily during the hours of daylight.

In the absence of an additional category, the maximum crew level of 21 prescribed under the Act for non-tankers would apply to the "Queenscliff". Due to the small size of the ship, its operational requirements, and work practices, it would not be consistent with the intention of the Act that this ship operate with a maximum crew level of 21.

Regulation 1 Provides for the date of effect of the amendment. The commencement date has been backdated to 17 December 1993, the date of delivery and commissioning of the ship. The backdating of the Regulations is neither detrimental to the owner of the "Queenscliff", nor does it provide a benefit to the Commonwealth.

Regulation 2 Provides that the Regulations amends the Ships (Capital Grants) Regulations.

Regulation 3 Identifies the vessel to which the Regulations refers by providing a definition of the "Queenscliff".

Regulation 4 Prescribes a category of ship for the "Queenscliff", setting out the specified voyages which may be undertaken under that category.

Regulation 5 Prescribes the maximum crew number for the "Queenscliff" while undertaking voyages specified under the Regulations.