Commonwealth Numbered Regulations

1981 No. 383 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) - REG 1

1. After regulation 4K of the Customs (Prohibited Imports) Regulations the
following regulation is inserted: Importation of ships

"4L. (1) The importation into Australia of a ship is prohibited unless the
person importing the ship is the holder of a permission to import the ship
granted under this regulation by the Minister or an authorized officer.

"(2) A permission to import a ship-

   (a)  shall be in writing;

   (b)  shall specify the date on or before which the ship may be imported
        under the permission;

   (c)  may specify conditions or requirements, being conditions or
        requirements with respect to the possession, control, movement, use,
        disposal or exportation from Australia of the ship, to be complied
        with by the holder of the permission; and

   (d)  may, in respect of any condition or requirement referred to in
        paragraph (c), specify the time, being a time either before or after
        the importation of the ship, before which the condition or requirement
        is to be complied with by the holder of the permission.



"(3) The holder of a permission to import a ship may, with the consent in
writing of the Minister or an authorized officer, but without that consent
shall not, assign the permission to another person.

"(4) Where, in accordance with the sub-regulation (3), the holder of a
permission to import a ship assigns the permission to another person, the
person-

   (a)  shall be deemed to become the holder of the permission for the
        purposes of this regulation; and

   (b)  shall assume all the rights, duties and obligations of the former
        holder under the permission.



"(5) The holder of a permission to import a ship may, by delivery of the
permission to the Minister or an authorized officer, surrender the permission-

   (a)  absolutely; or

   (b)  in exchange for the granting to him of another permission to import
        the ship or another ship.



"(6) Where-

   (a)  a permission to import a ship specifies a condition or requirement to
        be complied with by the holder of the permission; and

   (b)  the holder of the permission fails to comply with the condition or
        requirement, the Minister or an authorized officer may revoke the
        permission, whether or not the holder of the permission is charged
        with an offence against sub-section 50 (4) of the Act in respect of
        the failure to comply with the condition or requirement.

"(7) In this regulation-
'authorized officer' means an officer of the Department of Transport appointed
in writing by the Minister to be an authorized officer for the purposes of
this regulation;
'fishing operations' include any operations relating to fish or other animals,
including marine organisms, that live in the sea or other waters;
'fishing vessel' means a vessel designed for commercial fishing operations;
'Minister' means the Minister of State for Transport;
'ship' means a vessel designed for use in navigation other than air
navigation, and includes-

   (a)  a barge, lighter or like vessel;

   (b)  a floating structure designed for use in the exploration of, or the
        exploitation of the natural resources of, any submerged lands;

   (c)  a dredger; and

   (d)  a floating dock,
but does not include-

   (e)  a hovercraft;

   (f)  a new vessel of 150 gross construction tons or less, being-

        (i)    a vessel other than a fishing vessel; or

        (ii)   a fishing vessel the length of which on the designed load water
               line is 21 metres or less; and

   (g)  a vessel that is not a new vessel and is of 70 gross construction tons
        or less.



"(8) In sub-regulation (7), a reference to a new vessel shall be read as
reference to a vessel shipped to Australia as new stock or sailed direct to
Australia on its delivery voyage.

"(9) For the purposes of sub-regulation (7), the number of tons in the gross
construction tonnage of a vessel shall be ascertained in accordance with the
formula Z , where Z is a number equal to the number of cubic metres
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2.83 in the total volume, measured in relation to their moulded lines, of the
enclosed spaces in the vessel, including tween-deck spaces, water ballast
spaces, voids, cofferdams, machinery spaces, erections, superstructures,
houses, casings and funnel and mast spaces.".