Commonwealth Numbered Acts

SHIP CONSTRUCTION BOUNTY ACT 1975 No. 79, 1975 - SECT 17

17. (1) The regulations may prescribe conditions to be complied with, for the
purposes of this Act, in connexion with the construction, or modification, at
registered premises, of vessels generally or vessels of a particular kind.

(2) Where a person carries on, or proposes to carry on, the construction or
modification at any premises of a vessel or vessels, he may apply to the
Minister for the registration in his name of those premises for the purposes
of this Act.

(3) An application under sub-section (2) may be accompanied by such
information with respect of the kind or kinds of vessel constructed or
modified or proposed to be constructed or modified at the premises as the
applicant thinks fit.

(4) Subject to sub-sections (5) and (6), where an application under
sub-section (2) is received by the Minister, the Minister shall, if he is
satisfied that-

   (a)  the registration of the premises to which the application relates in
        respect of vessels of a particular kind would permit the orderly
        development of the shipbuilding industry in Australia; or

   (b)  where the application is made before the expiration of 6 months after
        the commencement of this Act-the construction of a vessel of a
        particular kind was begun on the premises to which the application
        relates on or before 18 December 1973, register those premises in
        respect of vessels of that kind.

(5) If conditions have been prescribed under sub-section (1) in connexion with
the construction or modification of vessels generally or of vessels of a
particular kind, the Minister shall not register the premises or shall not
register premises in respect of vessels of that kind, as the case may be,
unless he is satisfied that those conditions will be complied with in respect
of those premises.

(6) The Minister may require an applicant under sub-section (2) to furnish
such information, or such further information, as the Minister considers
necessary for the purposes of this Act, and may postpone any further
consideration of the application until information is furnished to his
satisfaction.

(7) A registration under this section may be expressed to have taken effect on
and from such date, being a date not earlier than the date of commencement of
this Act, as is specified by the Minister.

(8) The Minister may cancel the registration of registered premises or may
vary the registration of registered premises by excluding vessels of a
particular kind from that registration if he is satisfied that-

   (a)  no vessel of a kind to which the registration relates or no vessel of
        a kind that he proposes to exclude from the registration, as the case
        may be, has been constructed or modified at the premises at any time
        during the period of 5 years ending on the day on which he proposes to
        cancel or vary the registration of the registered premises; and

   (b)  that cancellation or variation would permit the orderly development of
        the shipbuilding industry in Australia.

(9) Where the Minister is satisfied that-

   (a)  there has been, or is being, constructed or modified at registered
        premises a vessel in respect of the construction or modification of
        which a bounty price has been determined; and

   (b)  that construction or modification-

        (i)    was, or is being, carried out at those premises otherwise than
               by or on behalf of the registered shipbuilder; or

        (ii)   did not, or does not, comply with a condition prescribed under
               sub-section (1), the Minister may cancel the registration of
               the premises.

(10) A registered shipbuilder may request the Minister to cancel the
registration of his premises or vary that registration by excluding from that
registration vessels of a particular kind, and the Minister shall cancel or
vary that registration accordingly.

(11) The cancellation or variation of the registration of registered premises
under sub-section (8), (9) or (10) shall be effected by notice in writing
served, either personally or by post, on the registered shipbuilder or, if the
registered shipbuilder is not the occupier of the premises, on both the
registered shipbuilder and the occupier of the premises.

(12) For the purposes of the application of section 29 of the Acts
Interpretation Act 1901-1973 to the service by post of a notice under
sub-section (11), a notice posted as a letter addressed to the registered
shipbuilder, or to the occupier, at the registered premises shall be deemed to
be properly addressed.