BOUNTY (SHIPS) AMENDMENT ACT 1985 No. 76 of 1985

Commonwealth Numbered Acts

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BOUNTY (SHIPS) AMENDMENT ACT 1985 No. 76 of 1985 - SECT 13

13. Section 10 of the Principal Act is repealed and the following sections are substituted: Registration of premises "10. (1) Subject to this section, premises may be registered under this section for the purposes of this Act. "(2) An application for the registration of premises under this section may be made to the Minister, in accordance with the appropriate approved form, by a person who carries out, or proposes to carry out, the construction or modification of bountiable vessels at the premises. "(3) Subject to sub-sections (7), (9), (10) and (11), where an application for the registration of premises is made under sub-section (2) by a person who, in the opinion of the Minister, carries out, or proposes to carry out, the construction or modification of bountiable vessels at the premises, the Minister shall- (a) register the premises in the name of the person by- (i) signing a notice, in writing, specifying the day on which it was signed and stating that the premises have been registered under this section; and (ii) causing the notice to be served on the person; or (b) refuse to register the premises and cause a notice, in writing, stating that the Minister has refused to register the premises to be served on the person. "(4) The registration of premises under this section has effect from- (a) the day on which the notice under paragraph (3) (a) in relation to the premises is signed; or (b) such earlier day, not being a day earlier than 10 December 1984, as is specified for the purpose in the notice. "(5) A notice under sub-section (3) in relation to premises shall specify whether the premises are registered under this section in relation to- (a) all bountiable vessels; (b) a specified bountiable vessel or specified bountiable vessels; or (c) a specified class, or specified classes, of bountiable vessels, and may specify a period as the period during which the premises are registered under this section. "(6) The regulations may prescribe conditions to be met by an applicant for the registration of premises under this section in the name of the person, including, without limiting the generality of the foregoing, a condition requiring an applicant to be a person of a specified kind. "(7) If conditions have been prescribed for the purposes of sub-section (6), the Minister shall not register premises under this section in the name of the person unless- (a) the Minister is satisfied that the conditions are, or will be, met by the person; or (b) registration of premises in the name of the person is otherwise permitted under the regulations. "(8) The regulations may prescribe conditions to be complied with in connection with the construction or modification of bountiable vessels at registered premises. "(9) If conditions have been prescribed for the purposes of sub-section (8), the Minister shall not register premises under this section unless- (a) the Minister is satisfied that the conditions have been, or will be, complied with in relation to the premises; or (b) registration of the premises is otherwise permitted under the regulations. "(10) The Minister may require an applicant for the registration of premises under this section to furnish such information as the Minister considers necessary for the purposes of this Act and may refuse to register the premises until the information is furnished to the satisfaction of the Minister. "(11) Where an applicant for the registration of premises under this section was not, on 11 October 1984, engaged in the construction or modification of bountiable vessels at the premises, the Minister shall refuse to register the premises unless, in the opinion of the Minister, the registration of the premises will permit the orderly development in Australia of the industry of constructing and modifying bountiable vessels. "(12) Subject to sub-section (13), where- (a) premises are registered under this section; and (b) the person in whose name the premises are registered and a person (in this sub-section and sub-section (13) referred to as the 'transferee') who carries out, or proposes to carry out, the construction or modification of bountiable vessels at the premises make a joint application, in writing, to the Minister for the transfer of the registration of the premises to the name of the transferee, the Minister shall transfer the registration of the premises to the name of the transferee by causing a notice, in writing, stating that the registration has been so transferred to be served on the transferee. "(13) If conditions have been prescribed for the purposes of sub-section (6), the Minister shall not transfer the registration of the premises to the name of the transferee unless the Minister is satisfied that, if the transferee were an applicant for the registration of the premises under this section, the Minister would be authorized to register the premises in the name of the transferee. "(14) A transfer under sub-section (12) has effect from such day as is specified in the notice under that sub-section in relation to the transfer, being a day not earlier than 10 December 1984 or 6 months before the day on which the application for the transfer was made, whichever last occurs. "(15) Where, at any time, the Minister becomes satisfied, in respect of premises registered under this section- (a) that bountiable vessels are not being constructed or modified at those premises; (b) in a case where the premises are registered in relation to a particular vessel, particular vessels or a class of vessels-that vessel, one or more of those vessels or a vessel included in that class of vessels, as the case may be, is or are not being constructed or modified at those premises; (c) that the construction or modification of bountiable vessels at those premises is being carried out by a person other than the person in whose name the premises are registered; (d) in a case where conditions have been prescribed for the purposes of sub-section (6)-that, if the person in whose name the premises are registered were, at that time, an applicant for the registration of the premises under this section, the Minister would not be authorized to register premises under this section in the name of the person; or (e) in a case where conditions have been prescribed for the purposes of sub-section (8)-if the person in whose name the premises are registered were, at that time, an applicant for the registration of the premises under this section, the Minister would not be authorized to register the premises under this section in the name of the person, the Minister may cancel the registration of the premises by causing a notice, in writing, stating that the registration of the premises has been cancelled to be served on- (f) the occupier of those premises; and (g) if the occupier is not the person in whose name the premises are registered, the person in whose name the premises are registered. "(16) For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service on a person by post of a notice under this section in relation to premises, such a notice posted as a letter addressed to the person at the premises shall be deemed to be properly addressed. Registration of persons as prescribed shipbuilders "10A. (1) Subject to this section, a person may be registered under this section as a prescribed shipbuilder for the purposes of this Act. "(2) An application for registration under this section as a prescribed shipbuilder may be made to the Minister, in accordance with the appropriate approved form, by a person who arranges, or proposes to arrange, for the whole of the construction or modification of bountiable vessels to be carried out on behalf of the person by other persons at premises in Australia. "(3) Subject to sub-sections (7), (9), (10) and (11), where an application for registration as a prescribed shipbuilder is made under sub-section (2) by a person (in this sub-section referred to as the 'applicant') who, in the opinion of the Minister, arranges for the whole of the construction or modification of bountiable vessels to be carried out on behalf of the applicant by other persons at premises in Australia, the Minister shall- (a) register the applicant as a prescribed shipbuilder by- (i) signing a notice, in writing, specifying the day on which it was signed and stating that the applicant has been registered as a prescribed shipbuilder; and (ii) causing the notice to be served on the applicant; or (b) refuse to register the applicant as a prescribed shipbuilder and cause a notice, in writing, stating that the Minister has refused to register the applicant as a prescribed shipbuilder to be served on the applicant. "(4) The registration of a person under this section has effect from- (a) the day on which the notice under paragraph (3) (a) in relation to the person is signed; or (b) such earlier day, not being a day earlier than 10 December 1984, as is specified for the purpose in the notice. "(5) A notice under sub-section (3) in relation to a person shall specify whether the person is registered under this section in relation to- (a) all bountiable vessels; (b) a specified bountiable vessel or specified bountiable vessels; or (c) a specified class, or specified classes, of bountiable vessels, and may specify a period as the period during which the person is registered under this section. "(6) The regulations may prescribe conditions to be met by an applicant for the registration of the person under this section, including, without limiting the generality of the foregoing, a condition requiring the applicant to be a person of a specified kind. "(7) If conditions have been prescribed for the purposes of sub-section (6), the Minister shall not register the person under this section unless- (a) the Minister is satisfied that the conditions are, or will be, met by the person; or (b) registration of the person is otherwise permitted under the regulations. "(8) The regulations may prescribe conditions to be complied with in connection with the construction or modification of bountiable vessels arranged by a prescribed shipbuilder. "(9) If conditions have been prescribed for the purposes of sub-section (8), the Minister shall not register a person under this section unless- (a) the Minister is satisfied that the conditions have been, or will be, complied with by the person; or (b) registration of the person is otherwise permitted under the regulations. "(10) The Minister may require an applicant for registration under this section to furnish such information as the Minister considers necessary for the purposes of this Act and may refuse to register the person until the information is furnished to the satisfaction of the Minister. "(11) Where an applicant for registration under this section was not, on 11 October 1984, engaged in arranging for the whole of the construction or modification of bountiable vessels to be carried out on behalf of the person by other persons at premises in Australia, the Minister shall refuse to register the person unless, in the opinion of the Minister, the registration of the person will permit the orderly development in Australia of the industry of constructing and modifying bountiable vessels. "(12) Where, at any time, the Minister becomes satisfied, in respect of a person registered under this section- (a) that the person no longer arranges for the whole of the construction or modification of bountiable vessels to be carried out on behalf of the person by other persons at premises in Australia; (b) in a case where the person is registered in relation to a particular vessel, particular vessels or a class of vessels-that vessel, one or more of those vessels or a vessel included in that class of vessels, as the case may be, is or are not being constructed or modified on behalf of the person by other persons at premises in Australia; or (c) in a case where conditions have been prescribed for the purposes of sub-section (6) or (8)-that, if the person were, at that time, an applicant for registration under this section, the Minister would not be authorized to register the person under this section, the Minister may cancel the registration of the person by causing a notice, in writing, stating that the registration of the person has been cancelled to be served on the person.".

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