(1) The owner of a
seagoing ship in which an installation is fitted —
(a)
before the coming into operation of these regulations shall apply in writing
to the Department —
(i)
if a certificate of survey has been issued under the
former regulations in respect of the installation, once in each successive
period of 12 months ending on the anniversary of the date of issue of
that certificate; or
(ii)
if a certificate of survey has not been issued under the
former regulations in respect of the installation, within a period of
14 days from the date of coming into operation of these regulations and
thereafter once in each successive period of 12 months ending on the
anniversary of that date;
or
(b)
after the coming into operation of these regulations shall apply in writing to
the Department within a period of 14 days from the date of that fitting
and thereafter once in each successive period of 12 months ending on the
anniversary of that date,
for the installation
to be surveyed by a radio surveyor.
(2) An owner of a
seagoing ship making an application under subregulation (1) shall
transmit the application and the fee payable under subregulation (2a) to
an office of the department —
(a) in
the case of a survey to be made at the port of Fremantle or on the Swan River,
14 days before the date on which the survey is required to be so made; or
(b) in
the case of a survey to be made at a port or place other than the port of
Fremantle or the Swan River, 14 days before the date specified for
surveys to be made at that port or place in a programme of surveys issued by
the Department and available at offices of the Department on or after
30 January in each year,
and shall cause the
seagoing ship to be presented for survey at such port or place, and at such
time on such date, as are notified to him by the Department.
(2a) A fee of $478.30
shall be payable for an original survey in respect of an application under
subregulation (1).
(2b) Where as a result
of an original survey it is necessary for a further survey of the installation
to be carried out before a certificate of survey can be issued, the owner of
the seagoing ship concerned shall pay to the Department a fee of $235.90.
(3) If, in the opinion
of the chief executive officer of the Department, it is unreasonable, too
expensive or for any other reason not practicable for an installation to be
surveyed —
(a) in
the case of the first survey of the installation, within 7 days prior to
the day on which the seagoing ship concerned is to commence operations; or
(b) in
the case of a survey of the installation subsequent to the first survey
thereof, before the end of the period of 12 months in which the relevant
application is made under subregulation (1),
and the master of the
seagoing ship concerned delivers to the Department a statement in
writing —
(c)
indicating that the installation is in good condition and gives satisfactory
communication; and
(d)
supported by a report by the Overseas Telecommunications Commission of the
Commonwealth indicating that the installation gives satisfactory reception,
on 2 carrier
frequencies referred to in that statement, the Department shall issue to the
owner of that seagoing ship a temporary certificate valid for not more than
90 days from the day referred to in paragraph (a) or from the end of
the period referred to in paragraph (b), as the case requires, unless
that temporary certificate is sooner cancelled under subregulation (5).
(4) A radio surveyor
who surveys an installation shall, if he is satisfied that these regulations
have been complied with in respect of the installation, make a report on that
survey to the Department and the Department shall, if that report is a
satisfactory one, issue to the owner of the seagoing ship concerned on receipt
of that report a certificate of survey valid for a period of 12 months
from the date on which that survey was completed, unless that certificate of
survey is sooner cancelled under subregulation (5).
(5) The Department
may, on receiving a report by a radio surveyor that any of these regulations
is no longer being complied with in respect of an installation, cancel the
temporary certificate or the certificate of survey, as the case requires,
issued in respect of the installation.
(6) The master of a
seagoing ship which is a commercial vessel to which these regulations apply
shall not cause or permit that ship to be navigated beyond smooth waters
unless a valid temporary certificate or certificate of survey is in force in
respect of the installation of that ship.
(7) The master of a
seagoing ship shall cause to be available a supply of electrical energy
sufficient to enable the installation of the seagoing ship to be tested for
the purposes of a survey at all reasonable times while the seagoing ship is in
port.
(8) In this
regulation —
carrier frequency means carrier frequency referred
to in clause 2(1) or 3 of Schedule I;
certificate of survey means certificate of survey
issued under subregulation (4);
temporary certificate means temporary certificate
issued under subregulation (3).
[Regulation 16 amended: Gazette
1 Jul 1983 p. 2190; 16 Jun 1989 p. 1747;
1 Aug 1990 p. 3648; 26 Jul 1991 p. 3930;
30 Jun 1992 p. 2907; 11 Aug 1992 p. 3979;
29 Jun 1993 p. 3186; 17 Jun 1994 p. 2488;
11 Jul 1995 p. 2948; 25 Jun 1996 p. 3000;
27 Jun 1997 p. 3142; 12 May 1998 p. 2791;
20 Jun 2000 p. 3063; 27 Jul 2001 p. 3805;
14 Jun 2002 p. 2827; 27 Jun 2003 p. 2528;
25 Jun 2004 p. 2262; 24 Jun 2005 p. 2782;
23 Jun 2006 p. 2214; 12 Jun 2007
p. 2730‑1; 24 Jun 2008 p. 2898;
12 Jun 2009 p. 2129.]