Court of Marine Inquiry Rules

Court convening and notice: On filing an appeal or reference the Clerk must notify the Magistrate who is to appoint time and place for hearing (r.3). The Clerk then notifies the Department and appellant (r.4). For inquiries the Clerk must serve a notice of inquiry on the Department, owner, master and officers and any person the Court directs (r.6, Form No. 5).

Parties and appearances: The Department and any certificated officer served with a notice are parties to inquiries, and the Department ordinarily has conduct of the case unless the Court orders otherwise (r.13). Persons with a demonstrable interest may appear and thereby become parties (r.14). In appeals or references the Department and the appellant (or owner or master in a reference) are parties; the Court may permit other persons to enter as parties (rr.15-16).

Assessors and their classification: Assessors assisting in investigations are classified by qualification. The Rules set minimum qualification criteria for two classes, Class I being Mercantile Marine Masters and Class II being Mercantile Marine Engineers (r.7). The Minister controlling the Department appoints assessors from the list, normally in rotation and subject to section 105(2) of the Act (r.8, r.10). Where the inquiry may involve cancelling or suspending a certificate, the Rules require at least two assessors from the relevant class (r.10). The Department tells the Minister which class of assessor is needed but must not request particular individuals (r.11). An appointment that departs from the Rules is not open to question on that ground (r.12).

Evidence and discovery mechanisms: Either party may serve a written notice to produce documents in their opponent’s possession or control (r.18), or a written notice to admit documents; refusal to admit after notice can generate costs consequences unless refusal was reasonable (r.19). Subpoenas to witnesses and to produce documents are provided in Forms Nos. 6 and 7 and may be issued to any party without leave of the Court (r.20). On appeals concerning detention of a ship the Department must produce all reports of the ship's survey (r.21).

Hearing sequence and decisions: The Rules prescribe the sequence of opening and calling evidence: the Department opens in both inquiries and appeals (rr.24, 27), the complainant follows in appeals (r.28), then the appellant (r.29), replies on cause shown are permitted (r.30), and the order of addresses is set out (rr.26, 31). The Court issues an order for release or detention of the vessel as soon as practicable after decision (r.32, Form No. 3). Evidence is recorded by shorthand writer, typewriter or other method the Court directs (r.22).

Administrative reporting, rehearing and costs: The Court must send its decision and notes of evidence to the Governor (r.40, r.37). The Governor may order a rehearing, in which case the Magistrate fixes time and place, parties can be added and previous note copies are admissible on the rehearing (rr.34-36). The Court has a discretion to order one or more parties to pay costs (r.38), and where costs are not assessed by the Court they are to be taxed by the Clerk under Local Court scales (r.39).

Integration with Local Courts practice and administrative minutiae: Local Courts Act 1904 and Local Court Rules 1961 apply so far as they do not conflict with these Rules (r.45). The Clerk of the Local Court may act as the Clerk of the Court of Marine Inquiry (r.48). Minutes and forms are prescribed (r.49 and Appendix Forms Nos. 1-10). No filing fees are charged, except for process to enforce payment orders (r.46).

Government and executive actors: The Minister controlling the Department is the appointing authority for assessors (r.8, r.11). The Department is routinely a party to inquiries and appeals, effectively the prosecuting or administrative party in most proceedings and the party having the conduct of inquiries unless otherwise ordered (r.13). The Court must send reports and notes to the Governor (r.40, r.37), and the Governor retains the power to direct a rehearing (r.34).

Judicial actors and court staff: The Magistrate of the Court presides at inquiries and hearings, fixes time and place for rehearings directed by the Governor (r.34), and presides over decisions that may be concurred in by assessors (Forms Nos. 3 and 4). The Clerk has wide administrative duties: notifying parties of sittings (r.4), serving notices of inquiry (r.6), issuing subpoenas (r.20), keeping minutes (r.49), sealing process (r.50-51) and handling taxation of costs under Local Court scales where applicable (r.39).

Assessors and professionals: Individuals on the list of assessors, classified by qualifications (Class I masters and Class II engineers, r.7), are called to assist the Court in investigations. Where suspension or cancellation of a certificate is in issue, at least two assessors from the relevant class must be appointed (r.10). The Department tells the Minister from which class assessors should come (r.11), but must not ask for specific names (r.11).

Private parties: Owners, masters, certificated officers, complainants, charterers and other persons with a demonstrable interest are affected. For example, owners and masters must be served with notice of inquiry (r.6); an appellant must file a notice of appeal at the Clerk’s office nearest to the ship’s location (r.17, Form No. 1). A certificated officer served with a notice of inquiry is a party and may have their certificate at risk in proceedings that could include cancellation or suspension (r.13, r.10).

Witnesses and document holders: Persons required to produce documents must comply with notices to produce (r.18) or subpoenas (r.20). The Department is specifically required to produce all survey reports in a detention appeal (r.21). Failure to comply with a notice to admit can produce costs liability for proving documents (r.19).

Commercial operators and insurers: Ship owners and managers bear potential costs of proceedings, including costs orders against them (r.38). Detention or release orders (r.32, Form No. 3) directly affect commercial operations, cargo schedules and potentially insurance positions. The Rules provide the procedural means by which detention after survey is appealed and resolved.

Administrative agents and Local Courts: The Rules explicitly connect with Local Courts infrastructure. The Clerk of the Local Court may act as the Clerk of the Court of Marine Inquiry (r.48) and Local Court Rules and scales apply for taxation (r.39, r.45). Local Court officers therefore may be called upon to administer marine inquiry business.

Journalists, researchers and other public users: The Court must provide copies of decisions and study materials to parties on request for a charge (r.36), and the decision/report must be sent to the Governor (r.40), which creates public record pathways. Forms and minute requirements (Appendix Forms Nos. 1-10 and r.49) standardise the record produced.

Duties to commence and notify proceedings: An appellant who wishes to appeal in respect of detention of a ship must file a notice of appeal at the Clerk’s office nearest to the ship (r.17 and Form No. 1). Upon filing of a notice of appeal or reference the Clerk must immediately advise the Magistrate who will appoint a time and place for the hearing (r.3). The Clerk must notify the Department and appellant of the hearing date (r.4). When the Court fixes an inquiry date the Clerk must serve a notice of inquiry on the Department, owner, master, officers and any person the Court directs (r.6, Form No. 5).

Department duties and production obligations: The Department must be served as a party and, in detention appeals, must produce all survey reports of the ship (r.13, r.21). When assessors are required the Department must notify the Minister and indicate which class of assessors should be appointed, but it must not request appointment of a particular individual assessor (r.11).

Obligations to disclose and admit documents: Either party may serve a written notice to produce documents in the other’s possession or control (r.18). A party may serve a written notice to admit the authenticity or contents of a document (r.19); failure to admit without reasonable cause exposes the refusing party to costs for proving the document. Subpoenas to compel attendance and production are available (r.20).

Rights to appear and to be heard: Persons served with a notice of inquiry, or any person showing an interest, have a right to appear and thereby become a party (r.13-14). In appeals or references the Department and appellant (or owner/master in a reference) are parties, and the Court may permit others to be party on appearance (rr.15-16). Any party may address the Court after the evidence is concluded (r.26 in inquiries; rr.31 in appeals).

Evidence recording and admissibility: Evidence is to be recorded by shorthand writer, typewriter, or other method the Court directs (r.22). Copies of notes of evidence and decisions must be supplied to parties on request for the usual copying charge and may be admitted on a rehearing ordered by the Governor (r.36).

Assessors’ role and appointment: Assessors must meet the qualification criteria set in r.7. The Minister appoints assessors from the list and generally in rotation (r.8). Where certificate cancellation or suspension is an issue, the Court must include at least two assessors from the relevant class (r.10). An appointment irregularity cannot be challenged on the ground that it did not comply with the Rules (r.12).

Court’s discretionary powers: The Court may proceed in the absence of parties served with a notice of inquiry (r.23). The Court may adjourn a hearing and impose terms on an adjournment including payment of costs (r.33). The Court has discretion to order payment of costs by any party and to direct taxation on an appropriate Local Court scale (rr.38-39). The Court must issue an order for release or detention of a vessel as soon as possible after reaching a decision (r.32).

Administrative rights and duties: The Clerk must keep a minute book in the prescribed Form No. 10 (r.49), seal all process (r.50-51), and supply copies of decisions to a party whose certificate has been cancelled or suspended on application (r.41). No fees shall be demanded for filing documents or issuing process other than for enforcement of payment orders (r.46).

Costs orders and taxation: The principal monetary enforcement mechanism in the Rules is the Court’s power to order any party to pay the costs and expenses of the inquiry, appeal, reference or rehearing, or any part of it (r.38, Form No. 9). Where costs are not assessed by the Court they are taxed by the Clerk on one of the scales provided by the Local Court Rules 1961, in so far as those scales are applicable (r.39). The Court may impose terms as to payment of costs when granting adjournments (r.33). The Rules do not themselves prescribe penalties beyond costs, nor do they create criminal sanctions.

Process for compelling attendance and production: The Court may issue subpoenas in Forms Nos. 6 and 7 to compel witnesses to attend or to produce documents (r.20). Subpoenas may be issued to any party without leave of the Court (r.20). Service of such process is valid if made personally, at last known address, or on board a ship to which the person belongs and accompanied by a statement of purport to the person appearing in charge of the ship (r.43). Proof of service is by affidavit or oath of the server (r.44).

Orders affecting vessel liberty: The Court issues an order for the release or detention of a vessel after an appeal or reference in respect of detention following survey (r.32, Form No. 3). That order is the operative instrument affecting the vessel’s immediate liberty to operate. The Rules require issuance of such an order as soon as possible after decision, and allow conditional releases to be framed in the order (r.32).

Administrative enforcement and record-based effects: The Court must report to the Governor and send copies of decisions and notes of evidence (r.40, r.37). Cancellation or suspension of certificates is addressed in the context of inquiries and appointment of assessors when such matters are in issue (r.10). Where a certificate has been cancelled or suspended the Clerk must, on application by any party to the proceedings, provide that party with a copy of the decision (r.41). While the Rules set the process, substantive enforcement actions, such as cancellation or suspension, are effects of the decision and are the product of the Court’s report or order.

Limits and non-judicial review: Rule 12 provides that an appointment of an assessor is not open to question on the ground that it was not in accordance with the Rules. This curtails collateral attack on the validity of assessor appointments on procedural grounds within the scope the Rule covers. The Rules do not themselves define other judicial review limits, but they integrate with Local Court Acts and rules (r.45), which may supply complementary remedies for collateral challenge where permitted by law.

Fees for enforcement: The Rules explicitly disallow fees for filing documents or issuing process, other than process to enforce an order for the payment of money (r.46). That qualification permits collection of fees where process is used to enforce costs or monetary orders, but not for ordinary filing or issuance of process.

Local Courts legislation and rules: The Rules expressly import the Local Courts Act 1904 and Local Court Rules 1961 to the extent they are applicable and do not conflict with the Marine Rules (r.45). Two concrete interactions follow: taxation of costs uses Local Court scales and the Clerk is to tax costs on one of the scales provided by the Local Court Rules 1961 (r.39), and Local Court officers may act as Clerk for the Court of Marine Inquiry (r.48). Practitioners must therefore consult the Local Court Rules and the applicable scale for fees and taxation methodology when a costs order is to be assessed.

Western Australian Marine Act 1982 and section cross-reference: The Rules operate under the authority of the Marine Act, and some provisions are expressly subject to statutory limitations, for example the appointment of assessors must comply with section 105(2) of the Act where that is applicable (r.10). The forms and procedural scaffolding implement the Act’s inquiry and appeal processes.

Interpretation Act and headings: The compilation notes indicate that amendments in 2000 deleted headings that formed part of the written law and that headings in the reprint do not form part of the written law, pursuant to the Interpretation Act 1984 s.32 (notes to compilation). Users should therefore rely on rule text rather than headings for legal effect.

Evidence and court practice rules: The Rules set specific evidence mechanisms (notices to produce and admit, subpoenas, requirement that the Department produce survey reports for detention appeals), but they also allow the Court to use methods of recording evidence as it directs (r.22). Since Local Court Rules apply where appropriate (r.45), evidentiary practice in Local Courts may inform the Court’s procedures where the Marine Rules are silent.

Governor’s powers and executive review: The Rule establishing rehearing on the Governor’s direction (Part 8, rr.34-37) shows an executive oversight channel. The Court must send copies of decisions and notes of evidence to the Governor upon rehearing conclusion (r.37). The scope of the Governor’s power to direct rehearings and any statutory limits are matters for the Marine Act and the broader administrative law framework, though the Rules implement practical steps for rehearings.

Service, computation of time and public holidays: Rule 43 sets out acceptable modes of service including service on the ship or the person appearing in command; Rule 42 prescribes computation of time by excluding the first day and including the last day unless the last day is a Sunday, Christmas Day, Good Friday or public holiday, in which case that last day is excluded. These interact with general procedural statutes and determine the running of deadlines for notices and other time-limited acts.

Fees and enforcement process interaction: Rule 46 bars fees for filing documents and issuing process except for process to enforce an order for the payment of money. That interacts with the enforcement mechanisms provided under other procedural laws and the Local Court rules that regulate enforcement and enforcement costs.

Record retention and public record laws: The Court is required to report to the Governor and to keep prescribed minute books and sealed process (rr.40, 49-51). Those obligations sit alongside state records and archival laws which may govern retention, copying charges and public access to official records, including the Rule that copies of notes and decisions may be supplied to a party on payment of the usual charge (r.36).

The compilation table in the instrument records three dated enactments. The original W.A. Marine (Court of Marine Inquiry) Rules were gazetted 15 March 1950 at pages 583-589 and commenced on that date. Two subsequent Amendments are recorded.

• W.A. Marine (Court of Marine Inquiry) Amendment Rules 1983 (gazetted 1 July 1983 p.2194). That Amendment inserted r.7 (qualifications of assessors) and r.10 (class of assessors to be appointed) among other changes, and the Appendix was amended (note to r.7 and Appendix). The text indicates some insertions and deletions in 1983 such as the deletion of r.9 recorded in the printed Rules.

• W.A. Marine (Court of Marine Inquiry) Amendment Rules 2000 (gazetted 17 November 2000 pp.6293-6295). The compilation note states that the 2000 Amendment deleted headings to various rules that had been part of the written law; the note also records that the headings in the reprint do not form part of the written law pursuant to Interpretation Act 1984 s.32. The 2000 instrument also updated references and restructured the Parts and Divisions as reflected in the present reprint.

The visible drafting history within the text shows particular insertions and deletions by date, for example r.7 was inserted and r.9 deleted by the 1983 Amendment (see footnotes in the Rules text). The Appendix forms were amended in 1983 as noted. The compilation table summarises these three instruments and their commencement dates.

The Rules themselves have a commencement clause that states they come into operation on the date of publication in the Government Gazette and apply, so far as practicable, to pending inquiries, appeals or references unless otherwise expressly provided (r.1). Rule 1 was amended in 1983, per the annotation.

Users should consult the cited Gazette notices and the Marine Act 1982 for any further legislative or regulatory amendments not reflected in this reprint, and for any later subordinate instruments that may have amended these Rules after the last listed amendment.

The Rules as provided do not reference any judicial decisions, nor do they list any litigation history within the Appendix or the body of the Rules. The instrument’s compilation table records amendments but does not record cases. No cases or judicial interpretations are named in the text.

Consequently, this document does not supply precedent or reported authorities construing particular provisions such as the scope of the Minister’s appointment power for assessors (r.8-r.11), the limits of the Court’s power to proceed in the absence of parties (r.23), or the application of r.12 in barring collateral attacks on assessor appointments. Practitioners needing authoritative construction on contested points must search reported decisions and administrative law authorities outside the Rules text.

For matters of conflict between the Rules and other statutes (for example the Local Courts Act and Local Court Rules referenced in r.45, or specific sections of the Western Australian Marine Act 1982 such as section 105(2) referred to in r.10), the absence of litigation references in the Rules means users should seek relevant case law and judicial decisions in external legal databases and government repositories. The Rules explicitly incorporate Local Courts provisions "so far as may be applicable" (r.45), which indicates that litigation under Local Courts practice may be relevant to procedural issues here.

If a party intends to challenge a particular procedural step or seek judicial review, the Rules do not themselves give guidance on litigation outcomes or precedential holdings; the legal practitioner should separately research reported cases under the Marine Act or Local Court jurisprudence for authorities interpreting analogous procedural provisions.

Irregularity in assessor appointment cannot be challenged on that ground, per Rule 12, which states an appointment made by the Minister of any assessor or assessors for an investigation shall not be open to question on the ground that it was not in accordance with these Rules or does not give full effect to the requirements of these Rules. This limits procedural collateral attacks against the composition of the panel of assessors and shifts the focus of challenge to substantive decisions or other legal avenues rather than to the appointment technicality.

Department has conduct in inquiries by default, r.13. Unless the Court orders otherwise, the Department has the conduct of the case in inquiries. That allocates control of evidence, witnesses and the opening case to the Department and may affect strategic choices for private parties who may otherwise expect parity in case management.

Requirement to produce all survey reports, r.21. On appeals concerning detention of a ship the Department must produce as evidence all reports of the survey. Practitioners should anticipate that survey documentation will be collectively adduced by the Department and ensure any independent reports or counter-surveys are ready to be disclosed or are prepared for cross-examination.

Service on board ship valid, r.43. Service of notices, subpoenas and other process is valid if made on board a ship and accompanied by a statement of purport to the person appearing in command or charge. That means an owner or master may be validly served while the ship is in port even if the person is not ashore, which can shorten effective response times and affect notice periods.

Court may proceed despite non-appearance, r.23. The Court may proceed with an inquiry whether or not the parties on whom a notice of inquiry has been served appear. Parties who rely on appearing for procedural safeguards should not assume the hearing will be adjourned for non-attendance.

Subpoenas may be issued to any party without leave, r.20. A party may subpoena a witness by issuing a subpoena in prescribed Form No. 6 or 7 without first seeking the Court’s leave. This can be used to compel rival witnesses or documents quickly and with limited prior judicial oversight.

Costs consequences for refusing to admit documents, r.19. A written notice to admit may be served and refusal without reasonable grounds can lead to liability for costs of proving the document. Litigants should use notices to admit strategically and consider the costs risk when refusing to admit.

No filing fees but enforcement costs possible, r.46. The Rules disallow fees for filing or issuing process other than for process to enforce an order for payment of money. Parties should budget for enforcement-related fees if costs orders are made, but they should otherwise expect no filing fee for appeals or references.

Computation of time traps, r.42. Time is computed excluding the first day and including the last, except when the last day is a Sunday, Christmas Day, Good Friday or public holiday, in which case it is excluded. Practitioners must calculate deadlines carefully and not rely on calendar-day counting assumptions.

Clerk’s dual role, r.48. The officer of the Local Court performing the duties of Clerk of that Court shall act as Clerk of the Court of Marine Inquiry. This can create administrative dependencies on Local Court capacity and local practice variations.

Copies of notes for rehearings may incur charges, r.36. Parties seeking copies of the shorthand notes and decisions for rehearing or review must pay the usual charge for copying. Access to original notes is procedural but not free of administrative cost.

Formality of prescribed forms and non-material deviations, Appendix. The Appendix prescribes the forms to be used, but the Rules state deviations will not invalidate proceedings unless the Court considers the deviation material. Practitioners should still use prescribed forms to avoid unnecessary disputes over formality.

Assessors’ class requirement where certificate in issue, r.10. If suspension or cancellation of a certificate is likely to be considered, at least two assessors from the relevant class must be appointed. Parties should take this into account when anticipating the composition of the panel and the technical focus of inquiries.

Governor-ordered rehearings, Part 8. A rehearing directed by the Governor may add parties and admit previous evidence by copy, and the Court must forward decisions and notes of any further evidence to the Governor (rr.34-37). Parties may be subject to new participation obligations even after a concluded hearing.

Checklist for commencing an appeal or reference

• File Form No. 1 (Notice of Appeal) at the office of the Clerk of the Court nearest to the place in which the ship is (r.17, Appendix Form No. 1). Ensure the form includes the appellant’s full name, address for service and the identification of the ship and surveyor report from which the appeal is taken.
• After filing, expect that the Clerk will inform the Magistrate who will set time and place for the hearing (r.3). Monitor communications from the Clerk for the Notice of Sitting (r.4, Form No. 2).

Pre-hearing discovery and document management

• Prepare and organise survey reports, certificates, logbooks and other documents referenced in Form No. 5. The Department is required to produce all reports of survey on detention appeals (r.21), but private parties should be ready to produce logbooks, certificates and other documentary evidence in their possession or control when served with a notice to produce (r.18, Form No. 5).
• If a party seeks admission of documents, consider serving a written notice to admit (r.19). If refusing to admit, record the reasons as the Court may penalise unjustified refusals with costs.

Subpoenas and witness management

• If you need evidence from third parties, prepare subpoenas in the prescribed forms (Forms Nos. 6 and 7) and submit them for service; no leave is required to issue a subpoena to any party (r.20). Ensure proper service under r.43, including service on board ship if applicable.
• Arrange for witnesses to be available in the order set out by the Rules: Department opens, then complainant (if any), then appellant, with replies on cause shown (rr.27-30). Prepare witness statements consistent with the method of recording evidence specified by the Court (r.22).

Engagement with assessors and technical evidence

• Understand assessor classification: if the inquiry may involve cancellation or suspension of a master’s or engineer’s certificate, at least two assessors from the relevant class will be appointed (r.10). While parties cannot request specific assessors (r.11), anticipate that technical examination will be directed by assessors from the relevant professional class and prepare technical evidence and expert witnesses accordingly.
• If the Department indicates assessors are required, it will notify the Minister which class is needed (r.11). Private parties cannot nominate specific assessors, so avoid attempts to influence appointments that the Rules forbid.

Attendance, submissions and addresses

• Be present at the time and place fixed by the Magistrate, but be aware the Court may proceed in the absence of parties served with notice (r.23). If a party cannot attend, apply in advance for an adjournment and be prepared to accept costs conditions the Court may impose (r.33).
• Prepare concise written statements of what order you require the Court to make, as the Rules require parties to state in writing what order they seek after calling witnesses (rr.27-29).

Costs exposure and taxation

• Budget for potential costs orders; the Court may order any party to pay costs under r.38. If costs are to be taxed, the Clerk will use Local Court scales (r.39). Keep records of legal and other expenses for taxation purposes.
• Consider settlement or admission strategies carefully in light of r.19, which makes unjustified refusal to admit documents potentially costly.

Record keeping and obtaining copies

• Request copies of notes of evidence and decisions, and be prepared to pay the usual copying charge (r.36). If seeking a rehearing ordered by the Governor, copies of the earlier notes and decisions are admissible on the rehearing (r.36).
• Ensure you or your clients obtain and retain copies of minute book entries relevant to the case, as the Clerk is required to keep minutes in Form No. 10 (r.49).

Service and proof of service

• Arrange for proper service under r.43, which accepts personal service, service at last known abode or business, or on board the ship with a statement of purport to the person appearing in command. Keep affidavits of service for the Court (r.44).
• When serving an owner or master, consider the possibility of service on board the vessel at the address the owner may have provided for service (r.43).

Rehearing procedures and Governor direction

• If a rehearing is directed by the Governor, the Magistrate will fix time and place and the Clerk must give reasonable notice to affected parties (r.34). Be ready to apply to be added as a party or to object to the unnecessary appearance of others (r.35).
• Obtain copies of prior evidence early and pay the copying charge if needed for the rehearing (r.36).

Administrative and Local Court interface

• Be aware that the Clerk of the Local Court may act as the Clerk of the Court of Marine Inquiry (r.48). Coordinate with Local Court officers on filing, taxation and process service matters.
• When costs are to be taxed, consult the Local Court Rules 1961 for applicable scales and rules (r.39).

Practical drafting tips for forms

• Use the prescribed forms in the Appendix where possible to avoid disputes over formality. The Rules permit minor variations as circumstances require, but the Court may regard deviations as material if they affect the proceedings.
• Ensure addresses for service are accurate and complete in Form No. 1, and keep a copy of every document filed with proof of filing.

Engage early with evidence strategy

• Because the Department opens and calls witnesses first (r.24 in inquiries, r.27 in appeals), structure your evidence and witness list to respond to the Department’s expected case rather than preparing a stand-alone opening.
• Anticipate that the Court will permit re-examination and replies in a controlled sequence (rr.24-31).

Administrative contacts and copying charges

• Identify the Clerk of the Court of Marine Inquiry or the Local Court Clerk serving that function (r.47-48) early in the matter to confirm filing requirements, copying charges and times for access to records (r.36).

By following these procedural steps and cross-referencing the Rules cited above, parties and advisers can meet filing obligations, manage evidence, engage with assessors and comply with the Court’s administrative requirements. Where the Rules are silent or questions arise about the application of Local Court scales, rehearing limits or interaction with the Marine Act, seek advice and check current Local Court rules and statutory provisions that the Rules import by reference.