Commonwealth Numbered Regulations

1981 No. 363 SHIPPING REGISTRATION REGULATIONS - REG 17

17. (1) Application for the grant of a temporary pass under section 23 of the
Act shall be made by lodging with the Registrar an application in writing
signed in accordance with sub-regulation (2), being an application specifying-

   (a)  the name (if any) of the ship or, if the ship has no name, the
        builder's identification of the ship (if known to the applicant);

   (b)  the year of completion of the ship (if known to the applicant);

   (c)  the type of the ship (in terms of its purpose);

   (d)  the method of propulsion of the ship;

   (e)  the principal material of construction of the hull of the ship;

   (f)  the length of the ship;

   (g)  the name and address of the builder of the ship (if known to the
        applicant);

   (h)  if the ship is a ship to which sub-section 16 (1) of the Act applies
        and a tonnage certificate is not in force in relation to the ship-

        (i)    the estimated gross tonnage of the ship;

        (ii)   the estimated register tonnage of the ship; and

        (iii)  the identity of the person by whom those estimates were made;

   (j)  the name and address of each of the persons to whom the ship belongs;

   (k)  where the application is signed as mentioned in sub-regulation (3),
the name and address of each person who is a charterer under the charterparty;

   (m)  the port at which it is proposed that the voyage be commenced;

   (n)  the port at which it is proposed that the voyage be concluded;

   (o)  the anticipated duration of the voyage;

   (p)  the reasons for seeking the grant of the pass; and

   (q)  where those reasons are reasons connected with the participation of
        the ship in a formally organized race, particulars of that race,
        including the name (if any) of the race and the name and address of
        the organizer of the race.

(2) Subject to sub-section (3), an application under sub-regulation (1) shall
be duly signed by the owner of the ship or, where the proposed voyage is to be
undertaken by the builder of the ship for the purposes of delivering the ship
to the owner, by the builder.

(3) An application under sub-regulation (1) in relation to a ship that is on
demise charter (whether to an Australian-based operator or not) shall be taken
to be signed in accordance with sub-regulation (2) if it is duly signed-

   (a)  by each of the charterers under the charterparty; or

   (b)  by a person appointed for the purposes of this paragraph by instrument
        in writing duly signed by each of those charterers.

(4) There shall be produced to the Registrar for noting, at the time
Regulation 5A of the Trade Commissioners Regulations is amended by omitting of
lodgment of an application under sub-regulation (1)-

   (a)  where the application is signed as mentioned in sub-regulation
        (3)-documentary evidence of the grant by the owner of permission for
        the undertaking by the ship of the voyage to which the application
        relates or of voyages of a class in which that voyage is included;

   (b)  where the application is signed as mentioned in paragraph (3) (b)-the
        instrument referred to in that paragraph; and

   (c)  the tonnage certificate (if any) in force in relation to the ship.

(5) Upon receipt of an application under sub-regulation (1), the Registrar
shall forward the application, together with such other documents as he thinks
fit, to the Minister for his consideration.

(6) A temporary pass granted under section 23 of the Act shall be in
accordance with Form 4.

(7) Subject to sub-regulation (8), where-

   (a)  a voyage specified in a temporary pass granted under section 23 of the
        Act is completed or abandoned; or

   (b)  the period of validity of such a pass expires, the person who has
        possession of the pass shall, within 10 days after the occurrence of
        the event referred to in paragraph (a) or (b), surrender the pass by-

   (c)  lodging it with the Registrar; or

   (d)  delivering it to a proper officer.

(8) Where, by reason of circumstances beyond the control of the person
referred to in sub-regulation (7), it is not practicable for that person to
surrender the pass within the time specified in that sub-regulation, that
person shall surrender the pass as soon as it is practicable to do so.