Commonwealth Numbered Acts

SHIPS (CAPITAL GRANTS) ACT 1987 No. 74, 1987 - SECT 26

26. (1) Where:

   (a)  a shipowner has been paid a grant in respect of a ship; and

   (b)  during the period of 5 years beginning on the payment:

        (i)    the shipowner ceases to be the owner of the ship otherwise than
               because of a transfer in relation to which the Secretary has
               made a declaration under section 35; or

        (ii)   the ship ceases to be an Australian trading ship; the shipowner
               shall pay to the Commonwealth an amount that bears the same
               proportion to the amount of the grant as the number of
               unexpired months in that period bears to 60.

(2) Where:

   (a)  a shipowner has been paid a grant in respect of a ship; and

   (b)  while the shipowner owns the ship, the shipowner allows the ship:

        (i)    to be operated by a crew all of whose members are not
               Australian residents or members in accordance with an approval
               under subsection 22 (7);

        (ii)   to make a voyage so that it falls into a category that is not
               specified in its category certificate; or

        (iii)  to make a voyage when the number of its crew exceeds the
               maximum crew number for the voyage; the shipowner shall repay
               to the Commonwealth the amount of the grant.

(3) For the purposes of subsection (2), a shipowner shall be taken to allow an
event referred to in that subsection to occur if:

   (a)  the event occurs; and

   (b)  the shipowner has not taken all reasonable steps to prevent the event
        occurring.