REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.
Dated this second day of June, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
———
NATIONAL SECURITY (SHIPPING CO-ORDINATION) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the National Security (Shipping Co-ordination) Regulations.
Commencement.
These Regulations shall come into operation on the second day of June, 1944.
Administration
3. These Regulations shall be administered by the Minister of State for Supply and Shipping.
Parts.
4. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Director of Shipping.
Part III.—Shipping Control Board.
Part IV.—Commonwealth Government Ships Chartering Committee.
Part V.—Stevedoring Industry Commission.
Part VI.—Central Cargo Control Committee.
Part VII.—Cargo Protection.
* Notified in the Commonwealth Gazette on 2nd June, 1944.
1759/43.—Price 1s. 9d.
Definitions.
5. In these Regulations, unless the contrary intention appears—
“industrial matter” has the same meaning as in the Commonwealth Conciliation and Arbitration Act 1904-1934;
“shipping authority” means any of the following bodies, that is to say, the Shipping Control Board, the Stevedoring Industry Commission, the Central Cargo Control Committee, and the Commonwealth Government Ships Chartering Committee established under these Regulations;
“the Director” means the Director of Shipping appointed under these Regulations;
“the Navigation Act” means the Navigation Act 1912-1942;
“the war” means any war in which His Majesty is engaged.
Power of Minister to give directions.
The exercise of the powers and functions of the Director (including powers and functions exercised by virtue of sub-regulations (2.) and (4.) of regulation 9 of these Regulations) or of any shipping authority shall be subject to any directions of the Minister.
Section 1 - National Security (Shipping Co-ordination) Regulations - National Security (Shipping Co-ordination) Regulations | Zoe
Members of Parliament who are members of shipping authorities.
Notwithstanding anything contained in these Regulations, if a member of any shipping authority is also a member of the Parliament of the Commonwealth or of any State, he shall not be entitled to be remunerated in respect of his services as a member of the shipping authority, but shall be entitled to be reimbursed such expenses as he certifies that he has actually incurred by reason of his attendance at meetings of the shipping authority.
Part II.—Director of Shipping.
Director of Shipping.
8.—(1.) There shall be a Director of Shipping, who shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
(2.) There shall be payable to the Director such remuneration and allowances as the Minister determines.
(3.) The Director shall be a body corporate with perpetual succession and an official seal.
Powers and functions of Director.
9.—(1.) Subject to the control of the Minister, the Director shall, for the purposes of the defence of the Commonwealth and the effectual prosecution of the war, be responsible for the direction and co-ordination of the control of Australian shipping and of ships chartered by, or under the control of, the Commonwealth and shall also be responsible for the direction and co-ordination of matters connected therewith.
(2.) Subject to the control of the Minister and subject to the provisions of the next succeeding sub-regulation, the Director shall have and may exercise all the powers and functions of each shipping authority.
(3.) The Director shall not in respect of the Stevedoring Industry Commission exercise powers and functions in relation to industrial matters and shall not exercise the powers and functions of the Stevedoring Industry Commission under regulation 63 of these Regulations.
(4.) Subject to the control of the Minister and subject to the provisions of the next succeeding sub-regulation, the Director shall have power to direct any shipping authority as to the exercise of its powers and functions and the shipping authority shall comply with any direction so given.
(5.) The Director shall not have power to direct the Stevedoring Industry Commission as to the exercise of its powers and functions in relation to industrial matters or its powers and functions under regulation 63 of these Regulations.
(6.) The Director shall, at the request of the Minister, advise the Minister as to the number, type and size of ships required to maintain the coastal traffic of the Commonwealth and to meet the demands for merchant or other ships for war purposes and shall advise the Minister as to the sources from which those ships may be obtained.
Additional powers and functions of Director.
In addition to the powers and functions conferred on the Director by the last preceding regulation, the Director shall, subject to the control of the Minister, have power—
(a) to require that ships and the services of ships shall be subject to direction, requisition and control for the purposes of the defence of the Commonwealth or the effectual prosecution of the war, and to make arrangements for the management and operation of ships;
(b) to arrange for the speedy loading and unloading of ships;
(c) to arrange for the orderly discharge and shipment of goods carried, or to be carried, by sea and for the safe custody thereof and for the protection and improvement of conditions of all persons engaged in, or in connexion with matters relating to or incidental to, the handling, safe custody or delivery of goods carried, or to be carried, by sea;
(d) to secure that the ports of the Commonwealth shall be developed, equipped and operated in such a manner as to ensure speedy loading and unloading of ships and for this purpose to co-ordinate the activities of, and to require the assistance of, the authorities controlling such ports; and
(e) to require interstate or overseas shipping organizations operating within the Commonwealth to assist the Director in such manner as he requires on such terms and conditions as the Minister approves.
Director may make orders, &c.
11.—(1.) For the purpose of the exercise of his powers and functions under these Regulations, the Director may make such orders and requirements, and give such directions, as he thinks fit.
(2.) A copy of each such direction or requirement shall be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.
Appointment of officers and employees.
12.—(1.) Subject to the approval of the Minister, the Director may appoint such officers and employees as are necessary to assist him or any shipping authority in exercising his or its powers and functions under these Regulations.
(2.) Officers and employees so appointed shall not be subject to the Commonwealth Public Service Act 1922-1943 and (except in the case of persons the terms and conditions of whose employment are otherwise regulated by law) shall be employed on the same terms and conditions (subject to such variations, if any, as the Minister determines) as the terms and conditions of employment of temporary employees under that Act.
(3.) Where an officer or an employee appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1928-1940.
(4.) The Director and any shipping authority may arrange with any other authority for the services of any officer or employee of the authority to be made available to the Director or authority to assist the Director or authority in exercising his or its powers and functions under these Regulations.
Part III—Shipping Control Board.
Repeal and saving.
13.—(1.) The National Security (Shipping Control) Regulations (comprising Statutory Rules, 1941, Nos. 20 and 231; 1942, Nos. 245, 423 and 453; and 1943, No. 50) are repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(a) all officers and employees of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation holding office or employed immediately prior to the commencement of these Regulations shall continue to hold office or be employed as if they were appointed under regulation 12 of these Regulations;
(b) any person acting, immediately prior to the commencement of these Regulations, as an agent of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation shall continue to be an agent of the Shipping Control Board constituted under this Part;
(c) all rights, property, assets, obligations and liabilities of the Shipping Control Board constituted under the Regulations repealed by the last preceding sub-regulation shall, by force of this regulation, be vested in or imposed on the Shipping Control Board constituted under this Part, and, in any contract, agreement or other instrument to which the first-mentioned Board was a party, any reference to that Board shall be read as a reference to the Shipping Control Board constituted under this Part; and
(d) any order made or direction given under the Regulations repealed by the last preceding sub-regulation and in force immediately prior to the commencement of these Regulations shall continue in force as if made or given under this Part.
(3.) The National Security (Interstate Shipments of Coal by Overseas Ships) Regulations (comprising Statutory Rules 1942, No. 151, as amended by Statutory Rules 1942, No. 451 and 1943, No. 88), and the National Security (Shipping Requisition) Regulations (comprising Statutory Rules, 1941, No. 230, and 1942, No. 454) are repealed.
(4.) Regulation 15 of the National Security (Food Control) Regulations is amended by omitting the word “Control” (second occurring) and inserting in its stead the word “Co-ordination”.
(5.) Regulation 4 of the National Security (Wages of Seamen Detained by the Enemy) Regulations is amended by omitting from the definition of “under requisition” the word “Control” and inserting in its stead the word “Co-ordination”.
Objects.
The objects of this Part are to establish a control of Australian shipping with a view to the more effectual use thereof in connexion with the war, and to require that ships and the services of ships shall be subject to direction, requisition and governmental control in the interests of the defence of the Commonwealth or the more effectual prosecution of the war, and this Part shall be administered and construed accordingly.
Definitions.
In this Part, unless the contrary intention appears—
“master” means any person having command or charge of a ship;
“owner” includes the manager or secretary of any company or body corporate or any person to whom the whole or a part of a ship belongs;
“ship” includes every boat or other description of vessel used for any purpose on the sea or in navigation not ordinarily propelled by oars only;
“the Board” means the Shipping Control Board constituted under this Part.
Application of Part.
16.—(1.) This Part shall not affect the operation of regulation 45 of the National Security (General) Regulations or any order made thereunder.
(2.) This Part shall, except as otherwise provided in this Part, apply—
(a) to ships registered in Australia, wherever they may be; and
(b) subject to any Imperial Act, and to any order or other instrument made under any such Act, to—
(i) British ships which are engaged, or which at any time since the commencement of the Regulations repealed by sub-regulation (1.) of regulation 13 of these Regulations have been engaged, in regular trade from any port or ports in Australia to any overseas port or ports outside the United Kingdom; and
(ii) ships (whether British or foreign) held or controlled under charter by a person or body of persons operating or carrying on business in Australia,
while those ships are in the territorial waters of Australia.
(3.) This Part shall not apply to ships chartered by or placed under the control of the Commonwealth Government Ships Chartering Committee.
Shipping Control Board.
17.—(1.) There shall be a Shipping Control Board, which shall consist of—
(a) a Chairman;
(b) an officer of the Department of the Treasury; and
(c) five other members.
(2.) The Chairman and other members of the Board shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
(3.) The members of the Board shall, from time to time, as occasion requires, elect one of their number to be the Deputy Chairman of the Board.
(4.) The Board shall be a body corporate, with perpetual succession and a common seal.
Meetings of the Board.
18.—(1.) Meetings of the Board shall be held at such times and places as the Board from time to time determines.
(2.) The Chairman of the Board, or any four members thereof, may at any time call a meeting of the Board.
(3.) At all meetings of the Board four members shall form a quorum.
(4.) The Chairman shall preside at all meetings of the Board at which he is present.
(5.) In the event of the absence of the Chairman from a meeting of the Board, the Deputy Chairman shall preside and, in the event of the absence of both the Chairman and the Deputy Chairman from any meeting of the Board, the members present shall appoint one of their number to preside at that meeting.
(6.) At any meeting of the Board, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(7.) All questions before the Board shall be decided by a majority of votes.
(8.) The Board shall keep a record of its proceedings.
Committees.
19. The Board may, subject to the approval of the Director, establish a Committee at any port or for any place or places, either generally or for a particular occasion, and may assign to it such duties and delegate to it such powers and authorities for the purposes of this Part as appear to the Board to be expedient, and may revoke, modify, alter or add to the establishment of any such Committee or any such assignment or delegation.
Powers.
In addition to the powers specifically conferred on it by this Part, the Board shall have all powers and authorities conducive or incidental to the objects of this Part and, in particular, the power, in the name of the Board, of contracting and of taking any legal proceedings.
Power of Board to make orders and give directions.
21.—(1.) The Board is empowered to control shipping and for that purpose may make such orders and give such directions as it thinks fit with respect to any matter relating to shipping, and in particular with respect to—
(a) the trades in which any ship shall engage and the voyages which any ship shall undertake;
(b) the cargo or passengers, or classes of cargo or passengers, which any ship shall carry;
(c) the hiring of any ship and the terms and conditions on which cargoes or passengers may be carried in any ship;
(d) the order of priority to be accorded to specified goods, or classes of goods, for carriage to or between any port or ports;
(e) the ports at which cargo is to be loaded or discharged or passengers embarked or disembarked (including directions requiring ships to proceed to specified ports for the purpose of loading or unloading cargo or embarking or disembarking passengers);
(f) the ports at which consignees of cargo are to take delivery thereof; and
(g) the forms and conditions of bills of lading and passenger tickets.
(2.) In determining the rate of freight at which any cargo may be carried in any ship, the Board shall have regard to the rates of freight prevailing on the twelfth day of April, 1943, and shall not, except with the concurrence of the Commonwealth Prices Commissioner, determine any rate of freight at a rate greater than the comparable rate prevailing on that date.
Application of orders and directions.
22.—(1.) An order or direction under this Part may—
(a) apply to ships generally, or to any description of ship, whether that description is according to class, ownership, trade or otherwise, or to any specified ship or ships;
(b) contain such provisions, conditions and directions as appear to the Board to be necessary or desirable; and
(c) avoid, vary or renew any contract or class of contracts the operation or effect of which appears to the Board to be affected by the making of that order or the giving of that direction.
(2.) Subject to the next succeeding sub-regulation, any direction under this Part shall be served personally or by post on the person required to comply therewith and that person shall thereupon comply therewith.
(3.) Any direction under this Part affecting any ship may be served personally or by post on the master, owner or agent of the ship, who shall thereupon comply with the direction.
(4.) A direction under this Part may be revoked or varied by a further direction.
Authentication of orders and directors.
23. Any order or direction authorized by these Regulations to be made or given by the Board shall be sufficiently authenticated if signed by the Chairman of the Board, or, in his absence, by the Deputy
Chairman of the Board, for and on behalf of the Board, and any order or direction purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Board.
Power to requisition ships and space or accommodation in ships.
24.—(1.) On the recommendation of the Board, the Minister may, by order, requisition or require to be placed at the Board’s disposal any ship, or the services of any ship, or any cargo space or passenger accommodation in any ship, or any rights under any charter, freight engagement, or similar contract, affecting any ship, and the Board may give such directions as appear to it to be necessary or expedient in connexion with any such requisition or requirement. The master of any ship, and the person having the management thereof, shall comply with all directions given under this sub-regulation with respect to that ship.
(2.) Subject to this Part, there shall be payable by the Commonwealth, in respect of the use of a ship, the services of a ship, cargo space or passenger accommodation, or rights under any charter, freight engagement, or similar contract affecting any ship, requisitioned or required to be placed at the disposal of the Board under this regulation, and for services rendered during the use thereof, and for loss or damage occasioned thereby, such compensation as is from time to time agreed upon between the Board (with the concurrence of the Commonwealth Prices Commissioner) and the parties interested, or, in default of agreement, as is from time to time determined in an action for compensation against the Commonwealth.
(3.) Where, in respect of any ship (whether of a kind specified in sub-regulation (2.) of regulation 16 of these Regulations or not), there subsists between a person to whom this sub-regulation applies and any other person a charter-party or other contract under which the first-mentioned person is entitled to possession of the ship, or has the right to have any goods carried in the ship, or to use any space or accommodation in the ship, the Board may serve on the first-mentioned person a notice stating that, on the date specified in the notice, his rights and liabilities under the contract will be transferred to the Board. Upon the service of any such notice, the contract shall, with respect to any rights exercisable, or liabilities incurred, on or after the date of service, have effect, subject to the provisions of sub-regulation (5.) of this regulation, as if the Board were a party to the contract instead of the person on whom the notice was served, and as if for any reference in the contract to that person there were substituted a reference to the Board.
(4.) The persons to whom the last preceding sub-regulation applies are—
(a) every British subject resident in Australia; and
(b) every body corporate incorporated under the law of the Commonwealth or of any part of Australia.
(5.) The Board may at any time cancel a notice served under sub-regulation (3.) of this regulation in respect of a contract, and thereupon that sub-regulation shall, unless and until further notice is served thereunder in respect of that contract, cease to operate in relation to the contract with respect to any rights exercisable, or liabilities incurred, on or after the date on which the cancellation takes effect.
(6.) Notice of any such cancellation shall be given as soon as may be by the Board in such manner as it thinks fit.
Owner of ship requisitioned or controlled acting as agent.
25.—(1.) The Board may require the owner of any ship requisitioned, or required to be placed at the disposal of the Board, in pursuance of the power contained in sub-regulation (1.) of the last preceding regulation, to act as agent for that ship, and any owner so required shall act as agent accordingly and shall be entitled to be paid by the Commonwealth such remuneration for so acting as is determined by the Board with the concurrence of the Commonwealth Prices Commissioner.
(2.) An agent so required shall place at the disposal of the Board the whole of his organization, including the services of management, officers and staff, and shall furnish to the Board in respect of each voyage of each vessel operating under its agency a voyage statement in such form as the Board requires.
Remuneration in respect of certain services.
The Board may, with the concurrence of the Commonwealth Prices Commissioner, determine rates of remuneration payable by the Commonwealth in respect of—
(a) the supervision of cargo at ports of loading and discharge;
(b) the hire of gear;
(c) the use of wharves under lease to shipowners; and
(d) any other service or the use of any other appliance or thing.
Variation of remuneration.
27.—(1.) The Board may, with the concurrence of the Commonwealth Prices Commissioner, vary any rate of remuneration determined under either of the last two preceding regulations and any rate so varied shall have effect from such date, whether before or after the date when the variation is made, as is determined by the Board.
(2.) Where the amount of remuneration paid to any person under this Part exceeds the amount to which he is entitled having regard to any such variation, that person shall be liable to pay to the Commonwealth the amount of the excess, and, where the amount of remuneration so paid is less than the amount to which the person is entitled having regard to any such variation, the Commonwealth shall be liable to pay to that person the amount of the deficiency.
Power to cancel or vary contracts involving carriage of passengers or cargo.
28.—(1.) The Board may cancel or vary any contract or agreement which involves the carriage of passengers or cargo by any ship requisitioned or required to be placed at its disposal under this Part.
(2.) Subject to this regulation, a person shall not bring any action, counter-claim or other proceeding, or take any step in relation to any action, counter-claim or other proceeding brought or made, for the breach or non-observance of any contract or agreement cancelled or varied in pursuance of this regulation or for damages in respect of any such breach or non-observance.
(3.) Where a contract or agreement has been varied in pursuance of this regulation, nothing in this regulation shall be deemed to prevent the bringing of any action, counter-claim or other proceeding for any breach or non-performance of the contract or agreement as so varied, or the taking of any step in relation to any such action, counter-claim or proceeding.
(4.) Nothing in this regulation shall affect the rights or obligations of the parties to any contract or agreement which has been cancelled or varied in pursuance of this regulation arising prior to the cancellation or variation.
Space available in overseas ships for carriage of coal to be offered to Shipping Control Board.
29. If any overseas ship or any space in an overseas ship is or may become available to carry coal from Newcastle or from any other port in Australia, the owner, charterer or other person controlling the use of the ship shall offer the ship or space for the purpose to the Board and shall specify the terms and conditions upon which it is proposed to make the ship or space so available.
Charter of overseas ships for carriage of coal.
The Board may charter any overseas ship for the carriage of coal on such terms and conditions as it thinks fit for any voyage or voyages or may enter into any contract of affreightment for the carriage of coal by any overseas ship on such terms and conditions as it thinks fit.
Carriage of coal in overseas ships.
31. The Board may cause coal to be carried on account of any shipper or consignee in an overseas ship chartered under the last preceding regulation or in respect of which any contract of affreightment has been made under the last preceding regulation and may charge the shipper or consignee freight at such rates as would, in the opinion of the Board, be appropriate if the coal had been carried under similar conditions of loading and discharge, by a ship requisitioned by the Board.
Overseas ship not to be chartered to carry coal between Australian ports.
A person shall not, without the consent in writing of the Board, charter any overseas ship for the carriage of coal between Australian ports or make any contract of affreightment for the carriage of coal by any overseas ship between any Australian ports.
Charter of ships to be subject to approval of the Board.
33.—(1.) In every contract made after the commencement of these Regulations for the charter of a ship registered in Australia, there shall be included a provision making the validity of the contract conditional on the approval of the Board being given thereto.
(2.) The approval of the Board to any such contract may be upon such conditions (if any) as the Board thinks fit.
(3.) The owner of any ship with respect to which any such, contract is made or, if the contract is made by some person as agent of the owner, that person shall, within fourteen days after the date on which the contract is made, deliver a copy thereof to the Board.
(4.) A person—
(a) being the owner of any ship, whether by himself or by any agent, shall not enter into any such contract which does not comply with the requirements of this regulation;
(b) being a person required by this regulation to deliver to the Board a copy of any contract, shall not refuse or fail so to do within the time allowed in that behalf; or
(c) shall not refuse or fail to comply with any of the conditions subject to which any approval has been granted by the Board under this regulation.
(5.) Any contract made in contravention of this regulation shall be void.
(6.) The Board may avoid, vary or review any contract for the charter of a ship whether made after or before the commencement of these Regulations and by order direct that the contract shall cease to have effect as from a date specified in the order. Any such order may be made so as to apply generally to all such contracts, or to contracts of any special class or description, or to a particular contract.
(7.) In this regulation, the expression “contract” includes an agreement of any kind, and where the person with whom a contract for the charter of a ship is made is himself a charterer of the ship, that person shall, for the purpose of this regulation, and so far as it relates to that contract, be deemed to be the owner of the ship.
Restrictions on ships proceeding to sea without licence from the Board.
34.—(1.) On and after a date fixed by the Board by notice published in the Gazette, a ship to which this regulation applies and to which the notice relates shall not proceed to sea from any port in Australia except under and in pursuance of a licence granted—
(a) by the Board or a person thereto authorized in writing by the Board; or
(b) under the Control of Trade by Sea (No. 2) Order, 1939 (Statutory Rules and Orders 1939, No. 1671), made in pursuance of regulations under the Imperial Act known as the Emergency Powers (Defence) Act, 1939, or under that Order as amended, and authorizing a voyage of the ship from a port or ports in Australia.
(2.) A notice by the Board under the last preceding sub-regulation may be expressed to apply to—
(a) all ships to which this regulation applies;
(b) any specified class or description of ships to which this regulation applies; or
(c) ships to which this regulation applies which are engaged in any specified trade or voyage.
(3.) A licence under this regulation shall not be granted except upon application made by or on behalf of the owner of the ship in accordance with a form approved by the Board.
(4.) A licence under this regulation may be granted—
(a) in respect of any ship or class or description of ships;
(b) for a specified period; and
(c) in respect of any voyage or series of voyages,
and either unconditionally or subject to such limitations and conditions as the Board thinks fit to impose.
(5.) In this regulation, “ship to which this regulation applies” means a ship to which this Part applies, not being—
(a) a ship (other than a trading ship) wholly employed in the service of the Commonwealth or of a State; or
(b) a pilot ship.
Coasting trade under order or licence.
35.—(1.) An order under this Part, or a condition of licence under this Part, may authorize or require a ship to engage in the coasting trade and a ship requisitioned, or required to be placed at the disposal of the Board under these Regulations may engage in
the coasting trade, notwithstanding that the ship is not licensed under section 288 of the Navigation Act to engage in the coasting trade, and it shall not be an offence under the Navigation Act for the ship to engage in the coasting trade accordingly.
(2.) Where a ship which is normally employed in trading wholly within the territorial limits of a single State is, in pursuance of sub-regulation (1.) of this regulation, required to engage in a voyage beyond those limits, the ship shall not (subject to the next succeeding sub-regulation), merely by reason of that engagement, become subject to the provisions of the Navigation Act applicable to ships engaged in trade or commerce with other countries or among the States.
(3.) Where the Board is of opinion, in respect of any ship to which the last preceding sub-regulation applies, that it is necessary for the safety of the ship, or for the safety or health of her crew, or desirable in the public interest, that any requirement of a provision of the Navigation Act from which the ship is exempted by virtue of the last preceding sub-regulation should be complied with, it may, by order, direct that the ship shall comply with that requirement, and the owner and master of the ship shall thereupon comply with that requirement.
(4.) An order by the Board under the last preceding sub-regulation may provide for compliance by a ship with a specified requirement of a provision of the Navigation Act in a modified form set out in the order and compliance by the ship with that requirement, so modified, shall thereupon be deemed to be a compliance with the specified requirement of that Act.
Restriction on transfer or mortgage of ships.
36.—(1.) A person shall not, except with the consent of the Board (proof whereof shall lie upon him)—
(a) transfer any ship registered in Australia or owned, managed or controlled from Australia as head-quarters, or any share in any such ship;
(b) mortgage any such ship or share; or
(c) transfer a mortgage of any such ship or share.
(2.) Any transfer or mortgage effected in breach of this regulation shall be void.
(3.) The consent of the Board under this regulation may be given either generally or in relation to a particular case, and may be given subject to such terms and conditions (if any) as the Board thinks fit.
(4.) Where, in pursuance of this regulation, the Board has consented to any transfer, mortgage or other transaction subject to terms or conditions—
(a) a person shall comply with such of those terms and conditions as are applicable to him; and
(b) in the event of any failure to comply with any such term or condition, the transfer, mortgage or other transaction shall be deemed to have been effected without the consent of the Board and the provisions of this regulation shall be applicable accordingly.
Restriction on transfer of registry of Australian ships.
A person shall not make application for the transfer of the registration of a ship from a port of registry in Australia to a port of registry outside Australia without the consent of the Board.
Owner or agent of overseas vessel to furnish information regarding voyage route, &c.
38.—(1.) The Board, or a person thereto authorized in writing by it, may, by notice in writing, require the owner or agent of any overseas ship to which this Part applies—
(a) to inform it of the route proposed to be followed by, and the allocation of cargo in, the ship;
(b) to allocate the space in the ship as directed by the Board; and
(c) to furnish to it, in a form approved by it and within forty-eight hours after the departure of the ship, full particulars of the cargo loaded in the ship.
(2.) The owner or agent of any overseas ship shall comply with the terms of any notice served on him in pursuance of the last preceding sub-regulation, and, in the event of any refusal or failure to comply with the terms of any such notice, but without affecting the liability of any person to a penalty in respect of any contravention of this regulation, the Collector of Customs may refuse to grant a Certificate of Clearance to the ship.
Power to make orders with respect to discharge of petroleum from a ship.
39.—(1.) The Board may, insofar as it appears necessary so to do for the purpose of providing and maintaining an efficient supply of shipping, make orders with respect to the discharge of petroleum or other dangerous goods from a ship by means of the ship’s own steam, and requiring persons in occupation of, or having control of, any premises to allow petroleum or other dangerous goods to be so discharged at or on to those premises, notwithstanding any law, regulation or agreement or other matter whatsoever to the contrary.
(2.) Any order under this regulation may contain provisions requiring the master and members of the crew of a ship and any other persons in any way engaged or concerned in the discharge of petroleum or other dangerous goods from a ship to comply with such rules as are specified in the order.
(3.) Any order under this regulation may contain such incidental and supplementary provisions as appear to the Board to be necessary for carrying the order into effect.
Delegation.
40.—(1.) The Board may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under this Part (except this power of delegation), so that the delegated powers, functions and authorities may be exercised by the delegate.
(2.) Every delegation by the Board shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function or authority by the Board.
Powers of constables and Commonwealth officers.
Any constable or Commonwealth officer may, in relation to any ship, take such steps, and use such force, as appear to him to be reasonably necessary for securing compliance with any order under this Part relating to the ship, or, where a contravention of any such order has occurred in the case of the ship, for enabling proceedings in respect of the offence to be effectually taken.
Offences.
42.—(1.) The master of any ship shall not proceed to sea in contravention of this Part or of any order thereunder, and the owner or other person having the management of a ship shall not permit the ship to proceed to sea in contravention of this Part or of any order thereunder.
(2.) Any ship in respect of which any contravention of this Part or of any order thereunder occurs may be detained in like manner as if it were liable to detention under the Navigation Act.
(3.) A person shall not aid or abet any other person, whether or not that other person is in Australia, to do any act which, if done in Australia, would be a contravention of or failure to comply with any provision of these Regulations or of an order thereunder.
Time for taking proceedings in certain cases.
Any proceedings which may be taken against a person in respect of any contravention of this Part or of any order thereunder occurring outside Australia may, notwithstanding anything to the contrary in the Crimes Act 1914-1941, be commenced at any time not later than six months after the date on which he first lands in Australia after the contravention took place.
Finance.
44.—(1.) The Board may open and maintain one or more accounts with the Commonwealth Bank of Australia and, subject to sub-regulation (5.) of this regulation, shall pay into one or other of those accounts all moneys received by the Board in respect of its operations.
(2.) Out of the moneys standing to the credit of the accounts, the Board shall, subject to sub-regulation (5.) of this regulation, defray all costs and expenses of administering this Part and make all payments in respect of compensation and remuneration and any other payments incurred by the Board in the exercise of its powers and functions under this Part.
(3.) The Board may, from time to time, withdraw from any such account any moneys not immediately required for the purposes of the last preceding sub-regulation and may lodge those moneys on fixed deposit in the name of the Board with the Commonwealth Bank of Australia for such period as the Board thinks fit.
(4.) The Board may determine the manner in which, and the persons by whom, cheques and other instruments shall be drawn, signed, countersigned or endorsed on behalf of the Board.
(5.) The Board may authorize any person required or authorized to act as agent for a ship which is requisitioned under this Part or under any Regulations repealed by this Part, or which is otherwise under the control of the Board—
(a) to receive on behalf of the Board any moneys earned by the Board by the carriage of cargo or passengers on that ship and otherwise in the administration of this Part;
(b) to deduct therefrom any amounts payable to him under this Part in respect of that ship or otherwise; and
(c) to pay thereout on behalf of the Board any expenses incurred by the Board in respect of that ship.
(6.) Any person authorized under the last preceding sub-regulation to receive moneys shall—
(a) when directed by the Board, pay to the Board the balance (if any) of the moneys received in respect of the period specified in the Board’s direction remaining after making all authorized deductions and payments in respect of that period; and
(b) present to the Board such returns and accounts as the Board directs.
(7.) The accounts of the Board shall be subject to audit by the Auditor-General.
Standard Time Charter Party.
45.—(1.) Subject to the next succeeding regulation, the conditions of charter or charter party set out in the Schedule to these Regulations shall be the Standard Time Charter Party of the Shipping Control Board.
(2.) All ships in respect of which an order of requisition has been made under this Part or under any Regulations repealed by this Part shall, unless the order otherwise provides, and so long as the order remains in force, be governed by the terms and conditions of the Standard Time Charter Party of the Shipping Control Board, which shall be binding upon the owners and other persons concerned, and they shall observe and carry out those terms and conditions.
Variation of Standard Time Charter Party.
46. The Board may, by resolution, modify, vary or add to the terms and conditions of the Standard Time Charter Party.
Charter rates in respect of ships previously requisitioned.
47.—(1.) For the ships named in Shipping Requisition Order No. 1 made by the Minister of State for Commerce on the fourteenth day of July, 1941, the charter rates, fixed after investigation by the Chairman of the Shipping Control Board and set out in a list under his hand and recorded in the minutes of the Shipping Control Board, shall apply.
(2.) For those of the ships named in Shipping Requisition Order No. 2 made by the Minister of State for Commerce on the sixteenth day of July, 1941, which are included in the list referred to in the last preceding sub-regulation, the charter rates, fixed as specified in that sub-regulation and set out in that list, shall apply.
Part IV.—Commonwealth Government Ships Chartering Committee.
Definition.
In this Part, “the Committee” means the Commonwealth Government Ships Chartering Committee constituted under this Part.
Chartering Committee.
49.—(1.) There shall be a Commonwealth Government Ships Chartering Committee, consisting of a Chairman and two other members, who shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
(2.) The Committee shall be a body corporate, with perpetual succession and a common seal.
Deputies of members.
50.—(1.) Each member of the Committee may appoint a person approved by the Minister to be the deputy of that member.
(2.) Any person so appointed shall, in the event of the absence of the member of whom he is the deputy from any meeting of the Committee, have all the powers of that member during his absence.
(3.) Any reference in this Part to a member of the Committee shall include a reference to the deputy of the member.
(4.) Any such appointment of a deputy, and any act done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.
Meetings of the Committee.
51.—(1.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.
(2.) The Chairman of the Committee, or the other two members thereof, may at any time call a meeting of the Committee.
(3.) At all meetings of the Committee, two members shall form a quorum.
(4.) In the absence of the Chairman from any meeting of the Committee, the members present shall elect one of their number to preside at that meeting.
(5.) At any meeting of the Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(6.) All questions before the Committee shall be decided by a majority of votes.
(7.) The Committee shall keep a record of its proceedings.
Functions of the Committee.
The functions of the Committee shall be to charter, or arrange for the chartering of, ships on behalf of the Commonwealth and, to manage and operate, or arrange for the management and operation of, ships so chartered and ships placed under the control of the Committee.
Powers of the Committee.
For the purpose of exercising its functions under this Part, the Committee may—
(a) charter, on behalf of the Commonwealth, any ship;
(b) employ any ship so chartered, or any ship placed under the control of the Committee, to convey mails, passengers or cargo on such terms and conditions as the Committee determines;
(c) allot any ship so chartered, or any ship placed under the control of the Committee, for use by any person (including any shipping authority);
(d) sub-charter to any person (including any shipping authority) any ship so chartered, or any ship placed under the control of the Committee;
(e) enter into any agreement with any person or authority (whether in Australia or outside Australia) providing for that person or authority to act on behalf of, or as an agent for, the Committee in respect of such matters as are provided in the agreement; and
(f) deal with such other matters relating to shipping as are referred to the Committee by the Director.
Finance.
54.—(1.) The Committee may open and maintain one or more accounts with the Commonwealth Bank of Australia and, subject to sub-regulation (5.) of this regulation, shall pay into one or other of those accounts all moneys received by the Committee in respect of its operations.
(2.) Out of the moneys standing to the credit of the accounts, the Committee shall, subject to sub-regulation (5.) of this regulation, defray all costs and expenses of administering this Part and make all payments incurred by the Committee in the exercise of its powers and functions under this Part.
(3.) The Committee may, from time to time, withdraw from any such account any moneys not immediately required for the purposes of the last preceding sub-regulation and may lodge those moneys on fixed deposit in the name of the Committee with the Commonwealth Bank of Australia for such period as the Committee thinks fit.
(4.) The Committee may determine the manner in which, and the persons by whom, cheques and other instruments shall be drawn, signed, countersigned or endorsed on behalf of the Committee.
(5.) The Committee may authorize any person who, or authority which, acts on behalf of, or as an agent for, the Committee in respect of any ship—
(a) to receive on behalf of the Committee any moneys earned by the Committee by the carriage of cargo or passengers on that ship and otherwise in the administration of this Part;
(b) to deduct therefrom any amounts payable to the person or authority under this Part in respect of that ship or otherwise; and
(c) to pay thereout on behalf of the Committee any expenses incurred by the Committee in respect of that ship.
(6.) Any person or authority authorized under the last preceding sub-regulation to receive moneys shall—
(a) when directed by the Committee, pay to the Committee the balance (if any) of the moneys received in respect of the period specified in the Committee’s direction after making all authorized deductions and payments in respect of that period; and
(b) present to the Committee such returns and accounts as the Committee directs.
(5.) The accounts of the Committee shall be subject to audit by the Auditor-General.
Part V.—Stevedoring Industry Commission.
Repea land saving.
55.—(1.) The National Security (Stevedoring Industry) Regulations (comprising Statutory Rules 1942, Nos. 159, 206, 217, 235, 237, 299, 331, 385 and 455, Statutory Rules 1943, No. 79 and Statutory Rules 1944, No. 3) are repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(a) all officers and employees of the Stevedoring Industry Commission constituted under the Regulations so repealed holding office or employed immediately prior to the commencement of these Regulations shall continue to hold office or be employed as if they were appointed under these Regulations;
(b) all rights, property, assets, obligations and liabilities of the Stevedoring Industry Commission constituted under the Regulations so repealed shall, by force of this regulation, be vested in or imposed on the Stevedoring Industry Commission constituted under this Part, and, in any
contract, agreement or other Instrument to which the first mentioned Commission was a party, any reference to that Commission shall be read as a reference to the Stevedoring Industry Commission constituted under this Part;
(c) all orders made under the Regulations so repealed and in force immediately prior to the commencement of these Regulations shall continue in force as if made under this Part;
(d) all committees appointed, or deemed to have been appointed, under the Regulations so repealed shall continue in force as if they had been appointed under this Part;
(e) all employers and waterside workers registered, or deemed to have been registered, under the Regulations so repealed shall be deemed to be registered under this Part; and
(f) all applications for registration made, or deemed to have been made, under the Regulations so repealed shall be deemed to have been made under this Part.
Objects.
The objects of this Part are, in view of the necessity, in the interests of the defence of Australia, of effecting speedy loading and unloading of ships, to secure that waterside labour is used to the best advantage, to provide sufficient labour for waterside work and to provide generally for the regulation, control and performance of waterside work and stevedoring operations, whether performed by persons registered under these Regulations or not, and this Part shall be administered and construed accordingly.
Definitions.
In this Part, unless the contrary intention appears—
“Committee” means a Waterside Employment Committee established or continued in existence under this Part;
“employer” means—
(a) any person who accepts, or offers to accept, persons for employment as waterside workers for work on any wharf, pier, jetty, hulk, barge or ship at any port;
(b) any ships’ agent or shipowner who directs the method of time of working of a stevedoring employer or contractor;
(c) any master or officer of a ship when engaged in work of the same nature as the work usually performed by a stevedoring employer; and
(d) any person who accepts persons for employment in the capacity of casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed or vice versa,
and includes an agent or servant of an employer;
“loading and unloading of ships” includes the loading and unloading into and from ships of ships’ stores and coal and fuel oil (whether for bunkers or not), and “loading or unloading of ships” has a corresponding meaning;
“member” means a member of the Commission and includes a deputy of a member;
“officer” means an officer holding office under regulation 12 of these Regulations;
“the Commission” means the Stevedoring Industry Commission established under this Part;
“the Court” means the Commonwealth Court of Conciliation and Arbitration;
“the Federation” means the Waterside Workers Federation of Australia;
“waterside worker” means a person who accepts, or offers to accept, employment for work in the loading or unloading of ships and includes casual foremen, draggers, casual tally clerks, mechanical truck drivers and mobile crane drivers engaged on haulage from ship to shed or vice versa but, unless otherwise provided in this definition, does not include—
(a) persons in or working alongside a ship in connexion with the direction or checking of the work of waterside workers;
(b) members of the crew of a ship on the ship’s articles; or
(c) members of the crew of a lighter who do not handle cargo, ships’ stores, bunker coal or fuel oil.
(2.) For the purposes of this Part—
(a) a person who puts another person to work in the loading or unloading of ships, or as a casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed or vice versa shall be deemed to accept that other person for employment as a waterside worker; and
(b) a person who is put to work in the loading or unloading of ships, or as a casual foreman, dragger, casual tally clerk, mechanical truck driver or mobile crane driver engaged on haulage from ship to shed or vice versa, shall be deemed to accept employment as a waterside worker.
Stevedoring Industry Commission.
58.—(1.) There shall be a Stevedoring Industry Commission, which shall consist of a Chairman and seven other members, of whom one shall represent overseas shipowners, one shall represent Australian shipowners, one shall represent persons engaged as employers in stevedoring operations, three shall represent the Federation and one shall be an officer of the Commonwealth.
(2.) The Commission shall be a body corporate with perpetual succession and a common seal.
(3.) The Chairman, who may be a Judge of the Court, shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines.
(4.) The other members of the Commission shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.
Meetings of the Commission.
59.—(1.) Meetings of the Commission shall be held at such times and places as the Chairman from time to time determines.
(2.) At any meeting of the Commission the Chairman or, in his absence, the Executive Member of the Commission, and three other members (but not including the member who is an officer of the Commonwealth) shall form a quorum.
(3.) In the event of the illness or absence of the Chairman, the members of the Commission other than the Chairman, or a majority of those members, may, subject to the approval of the Minister, appoint one of the members of the Commission to be the Executive Member of the Commission, and the member so appointed shall, during the illness or absence of the Chairman, be entitled to preside at meetings of the Commission and shall have and may exercise all the powers and functions of the Chairman except that when presiding at any meeting of the Commission he shall not have a casting vote.
(4.) All questions arising at any meeting of the Commission shall be decided by a majority of votes of the members present at the meeting in person, but if the Chairman dissents from any decision, signifies at the meeting to the other members present in person his intention to bring his dissent to the notice of the Minister, and within twenty-four hours after the close of the meeting transmits to the Minister notice of his dissent, together with full particulars of the decision, effect shall not be given to the decision unless and until the Minister approves of the decision.
(5.) At any meeting of the Commission the Chairman shall have a deliberative vote, and in the case of an equality of votes, shall also have a casting vote.
(6.) The member who is an officer of the Commonwealth shall not be entitled to vote on any question arising at any meeting of the Commission.
Deputies of members.
60.—(1.) In the event of the illness or absence of any member other than the Chairman, the Minister may appoint a person to be the deputy of that member, and the deputy, at any meeting of the Commission, shall have and may exercise all the powers and functions of a member.
(2.) Any such appointment of a deputy and any acts done by him as such shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or the exercise of his powers had not arisen or had ceased.
Delegation of Commission’s powers.
61.—(1.) The Commission may, in relation to any port, by writing under its seal, delegate to any officer all or any of its powers or functions under this Part (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate in respect of that port.
(2.) Where under this Part the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter, and that power or function is delegated under this regulation, that power or function may be exercised by the delegate upon his opinion in relation to that matter.
(3.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Commission.
(4.) Where a Waterside Employment Committee has been appointed in respect of a port, and the Commission has assigned to that Committee any of its powers or functions, and has delegated to an officer of the Commission the powers and functions so assigned or any of them, the Committee shall not, while the delegation is in force, exercise any of the powers and functions so delegated except in pursuance of a direction by the Commission or that officer.
Orders and directions.
62.—(1.) The Commission shall have power to make such orders, give such directions and do all such other things as it thinks fit for carrying out the objects of this Part.
(2.) Any such direction may be given orally or in writing.
(3.) A direction given orally shall be given to the person required to comply therewith and thereupon that person shall comply with the direction.
(4.) A copy of a direction given in writing shall be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.
Terms and conditions of employment for waterside work.
63.—(1.) Notwithstanding anything contained in any other law but subject to the next succeeding sub-regulation, the terms and conditions of employment for waterside work and in stevedoring operations shall be such as the Commission, by order, determines.
(2.) Except insofar as the terms and conditions of employment for waterside work and in stevedoring operations are determined by the Commission under the last preceding sub-regulation, those terms and conditions shall not be affected by this Part.
Registers of employers and employees.
64. The Commission may, in respect of any port, establish and maintain—
(a) a register of employers at that port;
(b) a register of waterside workers at that port;
(c) a register of all waterside workers who are members of the Defence Force engaged on war service or who are, in the opinion of the Commission, engaged on essential war-time work, and who produce or have had produced on their behalf satisfactory evidence that they have followed the calling of waterside worker and have derived their main source of livelihood therefrom at that port immediately prior to being so engaged;
(d) a register of persons (who shall be known as the Waterside Workers’ Reserve) in the vicinity of that port who are prepared to undertake waterside work when a sufficient number of waterside workers is not available for waterside work; and
(e) a register of officers of the Federation and of the Permanent and Casual Wharf Labourers Union of Australia.
Registration of employers and employees.
65.—(1.) An application for registration by an employer at a port at which a register of employers is established shall be lodged with an officer or agent of the Commission at that port in accordance with a form approved by the Commission.
(2.) An application for registration by a waterside worker at a port at which a register of waterside workers is established shall be lodged with an officer or agent of the Commission at that port in accordance with a form approved by the Commission.
Registration to be in discretion of Commission.
The registration of a person under regulation 64 of these Regulations shall be in the discretion of the Commission, but the Commission shall not, by reason only of the fact that a waterside worker is a member of the Permanent and Casual Wharf Labourers Union of Australia—
(a) refuse to register; or
(b) cancel or suspend the registration of,
that waterside worker if he was, on the second day of April, 1942, a member of that organization.
Cancellation or suspension of registration of employer.
67.—(1.) Where the Commission has reason to believe that an employer—
(a) has been guilty of misconduct in a matter relating to or affecting his fitness for registration as an employer or has acted in a manner whereby the proper loading or unloading of ships in any port has been interfered with; or
(b) has contravened or failed to comply with any provision of this Part or of an order under this Part.
the Commission may call on him to show cause, in a manner and within a period specified by the Commission, why his registration as an employer should not be cancelled or suspended.
(2.) If the employer fails so to show cause to the satisfaction of the Commission, the Commission may cancel his registration or may suspend his registration for such period as it thinks fit.
(3.) Where the registration of an employer has been cancelled or suspended under this regulation, he shall not, without the consent of the Commission, accept another person for employment as a waterside worker for work on a wharf, pier, jetty, hulk, barge or ship at any port while the registration is so cancelled or suspended.
Cancellation or suspension of registration of waterside worker.
68.—(1.) Where the Commission has reason to believe that a waterside worker—
(a) has been guilty of misconduct in a matter relating to or affecting his fitness for registration as a waterside worker or has acted in a manner whereby the proper loading or unloading of ships in any port has been interfered with;
(b) has contravened or failed to comply with any provision of this Part or of an order under this Part;
(c) has not followed his calling as a waterside worker as his chief means of livelihood for the previous six months;
(d) by reason of his physical or mental condition, is not fit to carry out the duties of a waterside worker or may be a danger to others; or
(e) is not regularly attending the picking-up place or places prescribed by the appropriate award of the Court or order of the Commission,
the Commission may call on him to show cause, in a manner and within a period specified by the Commission, why his registration as a waterside worker should not be cancelled or suspended.
(2.) If the waterside worker fails so to show cause to the satisfaction of the Commission, the Commission may cancel his registration or may suspend his registration for such period as it thinks fit.
(3.) The Commission may, prior to calling upon a waterside worker to show cause under sub-regulation (1.) of this regulation suspend his registration as a waterside worker, and may at any time annul the suspension.
(4.) Where the registration of a waterside worker has been cancelled or suspended under this regulation, he shall not, without the consent of the Commission, accept employment as a waterside worker for work on any wharf, pier, jetty, hulk, barge or ship at any port during the continuance of the cancellation or suspension.
Operation of regulation 76 not to be affected.
Nothing in either of the last two preceding regulations shall affect the operation of regulation 76 of these Regulations.
Issue of tokens of registration.
70.—(1.) There shall be issued to employers, waterside workers, and members of the Waterside Workers’ Reserve, registered under this Part, such tokens of registration as are determined by the Commission and such tokens shall be renewed as and when the Commission determines.
(2.) Each token to which this regulation applies shall remain the property of the Commission and any officer or agent of the Commission may at any time—
(a) demand the production of any such token by any registered waterside worker or any other person; and
(b) demand and recover possession of any such token from any person who is not authorized to be in possession thereof.
(3.) A person shall not, without lawful authority (proof whereof shall lie upon him), have in his possession any token to which this regulation applies other than a token issued to him under this regulation.
(4.) A person who, without lawful authority (proof whereof shall lie upon him), comes into possession of any token to which this regulation applies shall forthwith return the token to an officer or agent of the Commission at the principal port in the State or Territory in which he resides.
(5.) A person, other than a person authorized by the Commission to manufacture tokens to which this regulation applies, shall not manufacture, dispose of or supply any representation of a token similar to a token to which this regulation applies or so nearly resembling any such token as to be likely to deceive.
Registers to be open for inspection.
71. The registers kept by the Commission shall be open to inspection within office hours by accredited representatives of the employers, of the Federation or of the Permanent and Casual Wharf Labourers’ Union of Australia.
Unregistered persons not to accept employment as waterside workers.
A person shall not, except with the consent of the Commission or of an officer, accept employment as a waterside worker for work on a wharf, pier, jetty, hulk, barge or ship at any port at which a register of waterside workers is established unless that person is or is deemed to be registered as a waterside worker under this Part.
Unregistered employers not to accept persons for employment as waterside workers.
A person, whether on his own behalf or as agent or servant of another person, shall not, except with the consent of the Commission or of an officer, accept another person for employment as a waterside worker for work on a wharf, pier, jetty, hulk, barge or ship at any port at which a register of employers of waterside workers is established unless the first-mentioned person is or is deemed to be registered as an employer under this Part.
Restriction on employers.
A person, whether on his own behalf or as agent or servant of another person, shall not accept any member of the Waterside Workers’ Reserve for employment as a waterside worker on any work if there is a registered waterside worker available and offering for employment on that work.
Rights of registered persons subject to Regulations, &c.
The right of a person registered under this Part to employ waterside workers or to accept employment as a waterside worker, as the case may be, shall be subject in all respects to this Part and to the orders and directions of the Commission.
Breaches of awards or orders.
76.—(1.) Where it is reported to the Commission that a person has been guilty of any breach of this Part, of an award of the court or of an order of the Commission, the Commission may inquire into the matter so reported and—
(a) determine whether or not that person has committed any such breach; and
(b) if it is satisfied that any such breach has been committed, record its opinion as to the penalty which, in accordance with law, should be imposed.
(2.) In exercising its powers under the last preceding sub-regulation the Commission shall give to the parties interested an opportunity of stating their respective cases, in a manner specified by the Commission.
(3.) For the purposes of this regulation the Commission shall have authority to receive evidence and examine witnesses and to administer an oath to any witness appearing before the Commission.
(4.) In any prosecution for an offence arising under this Part in respect of any matter inquired into by the Commission in pursuance of this regulation—
(a) the determination of the Commission shall be evidence of the matters of fact specified therein; and
(b) the court shall take into consideration the opinion of the Commission as to the penalty to be imposed.
Exercise of certain functions by members of Waterside Employment Committees.
77.—(1.) The Commission may, in relation to any port, authorize—
(a) the Chairman of the Committee appointed in respect of that port, a member of that Committee who is a representative of employers and a member of that Committee who is a representative of employees; or
(b) the Chairman of the Committee appointed in respect of that port,
to exercise the powers and functions of the Commission under regulations 67, 68, 76 and 83 of these Regulations, and any reference in any of those regulations to the Commission shall be deemed to include a reference to any body of persons, or any person, exercising the powers and functions of the Commission by virtue of this regulation.
(2.) Notwithstanding the assignment under regulation 80 of these Regulations to a Committee of the powers and functions of the Commission, in relation to any port, under regulations 67, 68 and 76 of these Regulations, the Commission may direct that those powers and functions shall not be exercised in relation to that port except by a body of persons, or by any person, empowered to exercise the powers and functions of the Commission under those regulations by virtue of the last preceding sub-regulation.
(3.) A body of persons or a person exercising, by virtue of this regulation, the powers and functions of the Commission under sub-regulation (1.) of the last preceding regulation shall, upon the completion of an inquiry in respect of any person, forthwith furnish to the Commission a report of its proceedings.
(4.) An appeal shall not lie to the Commission against any determination of any body of persons, or of any person, under paragraph (a) of sub-regulation (1.) of the last preceding regulation but the Commission may, for the purposes of sub-regulation (4.) of that regulation, substitute its opinion for that of any such body of persons or of any such person.
Appeals.
78.—(1.) Any employer or waterside worker aggrieved by a decision under regulation 67 or 68 of these Regulations by a body of persons, or by a person, exercising the powers and functions of the Commission by virtue of the last preceding regulation, may, with the leave of the Commission, appeal to the Commission against the decision and, upon consideration of any such appeal, the Commission may confirm the decision or may increase or reduce the period of suspension.
(2.) Where a person appeals to the Commission against the suspension of his registration as an employer of waterside workers or as a waterside worker the suspension shall, subject to the next succeeding sub-regulation, continue in operation.
(3.) The Commission may postpone the operation of the suspension, pending the determination of the appeal, for such period as it thinks fit and the registration shall not be deemed to have been suspended during the period of the postponement.
(4.) When considering an appeal under this regulation, the Commission shall not be bound to receive evidence, but shall give the parties interested an opportunity of stating their respective cases in a manner specified by the Commission.
(5.) The Minister may appoint a person (not necessarily a member of the Commission) to preside, in the absence of the Chairman or Acting Chairman, at meetings of the Commission when considering appeals under this regulation, and the person so appointed shall, when so presiding, have and may exercise all the powers and functions of the Chairman.
Waterside Employment Committees.
79.—(1.) In respect of any port, the Minister may, on the recommendation of the Commission, appoint, by notice published in the Gazette, a Committee which shall be known as a Waterside Employment Committee.
(2.) The Committee shall be a body corporate with perpetual succession and a common seal.
(3.) The Committee shall consist of such number (not exceeding three or, in the case of the port of Newcastle, not exceeding four) of representatives of employers as is recommended by the Commission and a like number of waterside workers who are members of the Federation, together with a representative nominated by the Commission who shall be Chairman of the Committee:
Provided that where at any particular port there is not a branch of the Federation, the Committee in respect of that port may include, in lieu of representatives of waterside workers who are members of the Federation, representatives of waterside workers who are members of such organization of waterside workers as is specified by the Commission.
(4.) In the event of the illness or absence of the Chairman, the Minister may appoint some other person to be Acting Chairman and the Acting Chairman shall have and may exercise all the powers and functions of the Chairman.
(5.) The members of the Committee (other than the Chairman) shall be appointed by the Minister from panels of persons nominated by the employers and the Federation, respectively, and shall hold office during the pleasure of the Minister:
Provided that, if the Committee is to include representatives of waterside workers who are not members of the Federation, those representatives shall be appointed by the Minister from panels of persons nominated by the organization of waterside workers specified by the Commission in pursuance of sub-regulation (2.) of this regulation in lieu of panels of persons nominated by the Federation.
(6.) The Minister may, in respect of each Waterside Employment Committee, appoint such number (not exceeding three) of representatives of employers, and a like number of waterside workers who are members of the Federation (or, if the Committee includes representatives of waterside workers who are not members of the Federation, a like number of representatives of waterside workers who are members of such organization of waterside workers as is specified by the Commission), to be deputies of members of that Committee.
(7.) In the event of the illness or absence of any member of the Committee, a deputy, representative of the same interest as the ill or absent member, shall have and may exercise all the powers and functions of a member of the Committee.
(8.) No act done by any deputy shall, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers or functions had not arisen or had ceased.
(9.) The Minister may at any time remove any member of the Committee from office but the Minister shall thereupon appoint another member who shall be representative of the same interest as the member removed.
(10.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee giving reasons which in the Chairman’s opinion warrant a meeting of the Committee.
(11.) The Chairman of the Committee may, and shall, upon the request of a member thereof, refer any matter (not being a matter arising under regulation 67, 68 or 76 of these Regulations) within its powers and functions to the Commission for decision or direction.
(12.) Subject to the last preceding regulation, any decision of the Committee on any matter within its powers and functions shall be final.
(13.) The Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of the Committee.
(14.) The Committee may bear such evidence as it thinks fit.
(15.) The Committee may allow any person against whom a complaint has been made under this Part to be represented before it by an officer of the organization of which he is a member.
(16.) At any meeting of the Committee the Chairman (or Acting Chairman) and three other members shall constitute a quorum.
(17.) All questions arising at any meeting of the Committee shall be decided by a majority of the votes of the members or deputies of members present at the meeting in person.
(18.) The Chairman (or Acting Chairman) of the Committee shall have a casting but not a deliberative vote.
(19.) Members of the Committee shall be given at least one day’s notice of a meeting and the nature of the business to be transacted thereat.
(20.) The Chairman and members and deputies of members of the Committee shall be paid such remuneration and travelling allowance (if any) as the Minister determines.
Powers and functions of Committees.
80.—(1.) A Committee shall have in relation to the port in respect of which it has been appointed such powers and functions of the Commission as the Commission assigns to it.
(2.) Where, in this Part, the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter and that power or function is assigned under this regulation to a Committee, that power or function may be exercised by the Committee upon its opinion in relation to the matter.
(3.) An assignment of powers and functions to a Committee under these Regulations shall be exercised subject to any conditions determined by the Commission from time to time and every such assignment shall be revocable at will and no such assignment shall prevent the exercise of any power or function by the Commission.
Employment of persons on waterside work.
Nothing in this Part shall prevent the employment of any person on waterside work in any case where a sufficient number of registered waterside workers or members of the Waterside Workers’ Reserve is not available for that work.
Compliance with awards of Arbitration Court.
A person shall not contravene or fail to comply with any provision of an award or order of the Court relating to waterside work or stevedoring operations which is applicable to him.
Information to be furnished.
83.—(1.) The Commission may require any person—
(a) to furnish to the Commission, or to such other person as the Commission directs, such information as the Commission or that other person requires; and
(b) to attend and give evidence before the Commission, or before such other person as the Commission directs,
with respect to any matter relating to waterside work or stevedoring operations, and may require that person to produce all books, documents and other papers whatever in his custody or control relating thereto.
(2.) The Commission or other person may require the information or evidence to be given on oath or affirmation and either orally or in writing, and for that purpose the Chairman of the Commission or other person may administer an oath.
(3.) A person shall not—
(a) refuse or fail to comply with any requirement made in pursuance of sub-regulation (1.) or (2.) of this regulation; or
(b) with intent to evade the provisions of this regulation, destroy, mutilate, deface, secrete or remove any book, document or other paper.
Part VI.—Central Cargo Control Committee.
Repeal and saving.
84.—(1.) The National Security (Cargo Control) Regulations (comprising Statutory Rules 1942, Nos. 195 and 450) are repealed.
(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—
(a) all officers and employees of the Central Cargo Control Committee constituted under the Regulations so repealed holding office immediately prior to the commencement of these Regulations shall continue to hold office as if they were appointed under these Regulations;
(b) each State Committee constituted under the Regulations so repealed shall continue as if it were constituted under this Part; and
(c) all orders and directions given under the Regulations so repealed and in force immediately prior to the commencement of these Regulations shall continue in force as if made or given under this Part.
Objects.
The objects of this Part are to provide, in the interests of the defence of the Commonwealth and the more effectual prosecution of the war, for the orderly and expeditious disposal of goods arriving by sea and the punctual delivery at ship’s side of goods for shipment with a view to ensuring the speedy discharge and loading of ships, to reduce the length of time that goods lie at wharfs, to prevent congestion, confusion and delay at the waterside and to make proper provision for the storage or other accommodation of the goods, and this Part shall be administered and construed accordingly.
Definitions.
In this Part, unless the contrary intention appears—
“State Committee” means a State Cargo Control Committee established under this Part;
“the Central Committee” means the Central Cargo Control Committee established under this Part.
Cargo Control Committees.
There shall be a Central Cargo Control Committee and in each State there shall be a State Cargo Control Committee and each such Committee shall be a body corporate with perpetual succession and a common seal.
Central Cargo Control Committee.
88.—(1.) The Central Committee shall consist of a Chairman, an Executive Member (who shall act as Chairman in the absence of the Chairman), six other members, of whom—
(a) one shall be an officer of the Department of Trade and Customs;
(b) one shall be nominated by the Minister of State for the Army;
(c) one shall be nominated by the Minister of State for Transport;
(d) one shall be chosen for his experience of dock and wharf management;
(e) one shall be chosen for his experience in the management of heavy carrying; and
(f) one shall be chosen to represent industrial organizations of employees concerned in the disposal of cargo,
and, if the Minister thinks fit, one other member.
(2.) The members of the Central Committee shall be appointed by the Minister.
State Cargo Control Committee.
89.—(1.) Each State Committee shall consist of a Chairman, an Executive Member, the Collector of Customs for the State (or, instead of the Collector, such other officer of the Department of Trade and Customs as the Minister of State for Trade and Customs specifies) a member representing industrial organizations of employees concerned in the disposal of cargo and two other members.
(2.) The members of a State Committee, except the Collector of Customs for the State or the officer specified in his stead, shall be appointed by the Minister.
Deputies of members of Committees.
90.—(1.) The Minister may appoint any person to be the deputy of any member of the Central Committee or of any State Committee.
(2.) Any person so appointed shall, in the event of the absence of the member of whom he is the deputy from any meeting of the Central Committee or of the State Committee, have all the powers of that member during his absence.
(3.) Any reference in this Part to a member of the Central Committee or a State Committee shall include a reference to the deputy of the member.
(4.) Any such appointment of a deputy and any act done by him as such shall not in any proceedings be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.
Remuneration of members of Committees.
91.—(1.) The Chairman and the other members of the Central Committee, except the Executive Member, shall be remunerated by fees or otherwise as the Minister directs.
(2.) There shall be payable to the Executive Member of the Central Committee such salary as the Central Committee, with the approval of the Minister, determines.
(3.) The Chairman and the other members of a State Committee, except the Executive Member, shall be remunerated by fees or otherwise as the Central Committee, with the approval of the Minister, directs.
(4.) There shall be payable to the Executive Member of a State Committee such salary as the Central Committee, with the approval of the Minister, determines.
(5.) Notwithstanding anything contained in this regulation, if a member of a State Committee is also a member of the Parliament of the Commonwealth or of any State, he shall not be entitled to be remunerated in pursuance of this regulation but shall be entitled to be reimbursed such expenses as he actually incurs by reason of his attendance at meetings of the State Committee.
Responsibility of Committees.
92.—(1.) The Central Committee shall be charged with the responsibility of carrying the objects of this Part into execution.
(2.) A State Committee shall be responsible to the Central Committee for the proper exercise of such powers and performance of such duties as the Central Committee may assign to it.
(3.) In the exercise of its powers and the performance of its duties, a State Committee shall comply with the general instructions and the particular directions of the Central Committee applicable to it.
Meetings of committees.
93.—(1.) Meetings of the Central Committee shall be held at such times and places as the Committee from time to time determines.
(2.) The Chairman of the Central Committee, or any other two members thereof, may at any time call a meeting of the Committee.
(3.) At all meetings of the Central Committee, four members shall form a quorum.
(4.) In the absence of the Chairman from any meeting of the Central Committee, the members present shall elect one of their number to preside at that meeting.
(5.) At any meeting of the Central Committee, the person presiding thereat shall have a deliberative vote and, in the event of an equality of votes, shall also have the casting vote.
(6.) All questions before the Central Committee shall be decided by the majority of votes.
(7.) The Central Committee shall keep a record of its proceedings.
(8.) The Central Committee may make rules regulating its proceedings and the proceedings of the State Committees including, in the latter case, the quorum and majorities necessary for decisions.
Presence of members of Central Committee at meetings of State Committees.
The Central Committee may authorize any of its members to be present at any meeting of a State Committee and any member so authorized shall be entitled to be present at and take part in the proceedings of that meeting in the same manner as members of the State Committee, except that he shall not be entitled to vote or to be counted in any quorum.
Reports of proceedings of State Committees.
Every State Committee shall cause a report of the proceedings at each of its meetings to be transmitted to the Central Committee immediately after the meeting.
Orders and directions.
96.—(1.) The Central Committee shall have power to make such orders, give such directions and do such other things as it thinks fit for carrying out the objects of this Part.
(2.) Any such direction may be given orally or in writing.
(3.) A direction given orally shall be given to the person required to comply therewith and thereupon that person shall comply with the direction.
(4.) A copy of a direction given in writing shall be served personally or by post on the person required to comply therewith and thereupon that person shall comply therewith.
Specific powers of Central Committee.
92.—(1.) The Central Committee may, without limiting the generality of the last preceding regulation—
(a) give directions for the removal of goods from any wharf, pier or jetty or from any shed, store, building, yard or place used in connexion with the landing or shipment of goods and for the disposal of the goods, and may cause the goods to be removed accordingly and authorize an officer of the Committee or any other person to take measures for that purpose;
(b) take possession or control of any goods discharged from a ship;
(c) remove goods of which it has taken possession or control from one place to another;
(d) withhold any such goods from the owner or consignee;
(e) deliver any such goods to the owner or consignee at or from such store, premises or place as it thinks fit;
(f) demand and recover from the owner or consignee such reasonable charges for the handling, carriage, storage, safeguarding and delivery of the goods as the Committee thinks just;
(g) direct, the sale of goods of which it has taken possession or control or which remain upon a wharf, pier or jetty or in any shed, store, building, yard or place used in connexion with the landing or shipment of goods, identifying
the goods by description or by reference to their situation or by any other sufficient means and may give directions for the conduct of the sale, the removal of the goods or of any of them for the purpose of sale, the delivery of the goods, the receipt and holding of the proceeds of sale, the fixing and deduction of all proper charges, the payment of the residue or of a due proportion thereof to the persons entitled thereto, and for any other incidental matter;
(h) requisition the services, either generally or for a period or occasion, of any vehicle, horse, harness, tackle or gear and, in connexion with the requisitioning of any vehicle or horse, may require the person on whom the requisition is made to provide a driver and other employees as customary and the necessary fuel, lubricants and horse feed;
(i) acquire compulsorily any vehicle, horses, plant, gear, tackle or appliance, or any fuel, fodder or supplies;
(j) obtain or provide stores or storage accommodation and to that end may—
(i) take possession of any store or building;
(ii) take a licence in respect of any store or building or any part of a store or building;
(iii) acquire a licence in respect of any land; and
(iv) erect or cause to be erected stores, buildings and other structures;
(k) on behalf of the Commonwealth, compulsorily take possession or control of any store, warehouse or other building or any premises not in the possession or control of the Commonwealth or of an authority established under the law of the Commonwealth and may authorize an officer of the Committee or any other person to enter any building of which possession or control has been so taken, to remove any goods or fixtures therefrom and to store goods therein or to make such use thereof as the Committee thinks fit;
(l) for the purpose of particular operations or work and notwithstanding any law, custom or usage to the contrary, direct that—
(i) premises shall be kept open and available;
(ii) work shall continue;
(iii) overtime shall be worked; and
(iv) an intermission in or interruption of work shall not take place;
(m) give directions for the protection and for the safe and secure keeping and careful handling of goods and may prescribe the responsibility of persons (including the Commonwealth) who have the possession, custody or control of the goods;
(n) give directions, either general or particular, prescribing, in the case of goods affected by any exercise of a power conferred by this Part—
(i) how and when shipping documents are to be presented and what course is to be followed to obtain the goods;
(ii) when shipping documents have not become available, how the claims of consignees may be verified and under what conditions the goods may be delivered out or how otherwise the goods should be dealt with; and
(iii) how the payment may be secured of customs duty, harbour or wharfage dues or rates, freight, stevedoring, handling, delivery or other charges in connexion with the goods notwithstanding the removal of the goods from a wharf, pier or jetty or shed, store, building or other place where goods usually remain in the possession, custody or control of the Customs, of the port, harbour or other authority or of the shipowner, ship’s agent or any other person who is entitled to that payment or to a lien or charge therefor; and
(o) give directions and take measures in respect of any matter incidental to the foregoing specific powers or to their execution.
(2.) The powers of the Committee under paragraphs (a), (g), (h). (i), (k), (l), (m) and (n) of the last preceding sub-regulation shall be exercisable only by order.
Authorization of persons to exercise powers of Central Committee.
98.—(1.) The Central Committee may, by order in writing, authorize any person or body of persons to exercise any power or authority or do any act or thing which under this Part may be exercised or done by the Committee.
(2.) Any such authorization may be general or limited in respect of place, time, occasion or subject-matter.
Appointment of King’s warehouses.
Any land whether enclosed or not may be appointed by the Minister of State for Trade and Customs to be a King’s warehouse for the purposes of the Customs Act 1901-1936.
Removal of goods from King’s warehouses.
100.—(1.) The Central Committee or a State Committee may request a Collector of Customs to cause goods lying in a King’s warehouse to be removed to some other King’s warehouse and thereupon any officer of customs may give directions to the owner of, or to any person having control of, or power of disposition over, or custody of the goods, to remove them accordingly.
(2.) If the goods are not removed in accordance with the directions, the Committee may cause them to be so removed.
(3.) The reasonable expenses incurred in removing the goods shall be a charge upon the goods and shall be paid to the Collector of Customs before the goods are released.
1759.—2
Authentication of orders, directions, authorities and other instruments.
101. Any order, direction, authority or other instrument authorized by or under this Part to be made, given or issued by the Central Committee or a State Committee shall be sufficiently authenticated if signed by the Chairman or Executive Officer of either Committee, as the case requires, and any order, direction, authority or other instrument purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made, given or issued in pursuance of a resolution of the Central Committee or a State Committee, as the case may be.
Compensation.
The Commonwealth shall be liable to pay in respect of any vehicles or other chattels requisitioned or required to be provided under this part and the services of any person provided in connexion with any such requisitioning, and in respect of any store, warehouse, building or other premises taken possession of under this Part, such compensation as is agreed upon between the Central Committee and the person concerned, or, in the absence of agreement, as is determined in an action for compensation brought against the Commonwealth.
No claims, actions or suits to be brought against the Commonwealth.
No claim, action, suit or proceeding shall be made or brought against the Commonwealth or any Committee or any officer or person for anything done or omitted under this Part except for compensation under regulation 102 of these Regulations or under an order made by the Central Committee under paragraph (m) of sub-regulation (1.) of regulation 97 of these Regulations.
Exercise of powers of Minister for Transport.
The Minister of State for Transport may, at the request of the Central Committee, exercise his powers and authorities under the National Security (Land Transport) Regulations with a view to making available rolling stock, vehicles and transport facilities for the purposes of this Part.
Part VII.—Cargo Protection.
Objects of Part.
The objects of this Part are to prevent the loss by pillage or theft of any goods, materials, machinery or parts thereof, vehicles or parts thereof, or any other thing the loss or damage of which is, or may possibly be, prejudicial to the effectual prosecution of the war, and this Part shall be administered and construed accordingly.
Definitions.
106. In this Part, unless the contrary intention appears—
“cargo” means any goods carried or to be carried by sea, and includes—
(a) any goods which have been carried by sea and are in transit from any wharf to the consignee’s store or factory; and
(b) any goods which are to be carried by sea and are in transit from any consignor’s store or factory to any wharf;
“State Cargo Control Committee” means a State Cargo Control Committee established under Part VI. of these Regulations;
“the Central Cargo Control Committee” means the Central Cargo Control Committee established under Part VI. of these Regulations;
“vessel” means every ship, tug, lighter, barge, launch, row boat or other craft of any description used upon the water, or any other means by which goods may be carried on water;
“wharf” means any wharf or portion of any wharf, pier, jetty, dock or other place at or within which vessels may load or unload cargo or embark or disembark passengers, and includes any picking-up place and any premises or place adjacent to any wharf or picking-up place.
Responsibilities of Central and State Cargo Control Committees.
107.—(1.) The Central Cargo Control Committee shall, subject to the Minister, he charged with the responsibility of carrying the objects of this Part into effect.
(2.) A State Cargo Control Committee shall be responsible to the Central Cargo Control Committee for the exercise of such powers and the performance of such duties as the Central Cargo Control Committee assigns to it under this Part.
(3.) In the exercise of its powers and the performance of its duties under this Part, a State Cargo Control Committee shall comply strictly with the general instructions and the particular directions of the Central Cargo Control Committee applicable to it.
(4.) The Central Cargo Control Committee shall draw up a scheme for cargo protection in respect of any port specified by the Minister and shall submit the scheme to the Minister for approval.
(5.) No such scheme shall be put into operation without the approval of the Minister.
Issue of loading docket.
108.—(1.) A person shall not commence to load any goods on to any vehicle or vessel for removal from any wharf unless a loading docket in respect of those goods, in accordance with such form as the Central Cargo Control Committee determines, has first been issued to him by a Delivery Clerk on duty on that wharf.
(2.) A person shall not issue or cause to be issued a loading docket in respect of any goods to any person who is not authorized or entitled to receive or take delivery of the goods.
Issue of carter’s docket.
109.—(1.) A person shall not remove any goods from a wharf unless he is in possession of a carter’s docket in respect of the goods, in accordance with such form as the Central Cargo Control Committee determines, issued by an issuing authority on that wharf.
(2.) The person in charge of any vehicle or vessel shall, at all times while the goods are on the vehicle or vessel on which the goods are being removed from a wharf, be in possession of the carter’s docket issued in respect of those goods.
Carter’s docket to be produced on demand.
Any person in charge of a vehicle or vessel engaged in the removal of goods from any wharf shall, on demand, produce to any constable the carter’s docket in respect of the goods which are being so removed.
Issue of delivery dockets.
111.—(1.) Any person removing any goods from a wharf shall not leave or attempt to leave the wharf without receiving from a Delivery Clerk on duty on that wharf a delivery docket in respect of those goods in accordance with such form as the Central Cargo Control Committee determines.
(2.) The docket shall be prepared at least in duplicate and one copy thereof shall be handed by the person removing the goods, when leaving the wharf, to the gatekeeper or other person authorized by the shipping company or port authority in control of the wharf to receive the docket.
Non-application of regulations 108-111.
The Minister may, by order, provide that the provisions of all or any of the last four preceding regulations shall not apply in respect of any port specified in the order.
Loading of vehicles.
113.—(1.) Every carrier shall load his vehicle in such a manner as to ensure that the packages loaded may be readily checked.
(2.) Any constable may detain on the wharf any vehicle not so loaded until the loading has been re-arranged to the satisfaction of the constable.
Gatekeepers to check goods properly.
Every person employed in the capacity of gatekeeper shall properly check the list of goods specified in the carter’s docket issued in respect thereof with the goods being removed on any vehicle from any wharf under the authority of that docket.
Offences.
115.—(1.) A person shall not, without lawful excuse (proof whereof shall lie upon him)—
(a) broach any cargo or container of cargo;
(b) remove any cargo or container of cargo; or
(c) receive or have in his possession any cargo.
(2.) In any prosecution for an offence arising under this regulation, the averment of the prosecutor that any goods are cargo shall be prima facie evidence of the matter averred.
Gatekeepers, &c., to be approved by State Cargo Control Committee.
116.—(1.) A person shall not be employed as delivery clerk, tally clerk, watchman, guard, wharfinger or gatekeeper at any port unless the consent in writing of the State Cargo Control Committee, or a person authorized by the Committee to give such consents, has first been obtained:
Provided that, in the case of any delivery clerk, tally clerk, watchman, guard, wharfinger or gatekeeper employed at any port immediately prior to the commencement of this Part, it shall be sufficient if consent is obtained within seven days after any scheme approved by the Minister under regulation 107 of these Regulations in respect of that port comes into operation.
(2.) Any consent granted under the last preceding regulation may be revoked at any time by the State Cargo Control Committee.
Power to compel production of pass or permit.
Any constable may at any time require the production by any person found upon any wharf, wharf shed or vessel or by any person attempting to enter any wharf, vessel or any shed, store or other place used for the storage of cargo, of a pass or permit issued under the National Security (General) Regulations, and the person so required shall produce the pass or permit accordingly.
Loitering on wharves.
A person shall not, without lawful excuse (proof whereof shall lie on him), loiter on or frequent the vicinity of any wharf, vessel or any shed, store or other place used for the storage of cargo.
Power to search.
119.—(1.) If any constable, not below the rank of sergeant, or any constable authorized in writing by an officer of police or Peace Officer not below that rank, suspects or has reason to believe that any person is, without lawful excuse, in possession of any cargo or that any cargo may be found at any premises or in or upon any vehicle or vessel, he may, with such other constables as he considers necessary—
(a) search that person and any bag or other receptacle in his possession; and
(b) enter, if necessary by force, and search those premises or that vehicle or vessel and every person who is found on, or who he has reasonable grounds to believe has recently left, or to be about to enter, those premises or that vehicle or vessel, as the case may be,
and may seize any cargo found on any such person or in or on any such premises, vehicle or vessel, which he has reasonable ground for believing to be evidence of a contravention of this Part or the possession of which gives rise to a suspicion that such a contravention is about to be committed.
(2.) A woman shall not, in pursuance of this regulation, be searched except by a woman.
Hindering, obstructing or intimidating constables.
A person shall not hinder, obstruct or intimidate, or aid, abet, incite, counsel or procure any other person to hinder, obstruct or intimidate, any constable in carrying out his duties under this Part.
Returns of cargo pillaged to be furnished
The consignor or consignee of any cargo, the owner or agent of any vessel, any shipping or forwarding agent, insurance company or stevedoring organization having notice of any pillage, shortage or ullage of or in any cargo, shall, within forty-eight hours after the time the pillage, shortage or ullage comes to his or its notice, furnish to the State Cargo Control Committee in the State in which he or it carries on business a true and correct return in accordance with such form and in such manner as the Central Cargo Control Committee determines showing—
(a) the description and value of the cargo in respect of which there is pillage, shortage or ullage; and
(b) such other information as is necessary to complete the form or as the Central Cargo Control Committee requires.
Information as to the class or kind of cargo on in-coming vessel to be furnished.
The Central Cargo Control Committee or a State Cargo Control Committee may require the owner or agent of any vessel to furnish it with such information within the knowledge of that owner or agent as to the class or kind of cargo on any vessel about to arrive at any port, and the owner or agent shall furnish the information accordingly.
Entry of constables on wharves.
Any constable may enter upon any wharf or vessel or into any shed or store for the purpose of carrying out his duties under this Part.
Offences to be reported.
Where any person is convicted of any offence arising under this Part and that person is the holder of a permit to enter upon wharfs or ships issued under regulation 7a of the National Security (General) Regulations, the State Cargo Control Committee shall furnish to the authority by whom the permit was issued a full report of the incident together with a recommendation as to whether in its view the permit should be suspended or cancelled, and that authority shall consider the question of suspending or cancelling the permit accordingly.
THE SCHEDULE.
———
Reg. 45.
STANDARD TIME CHARTER PARTY OF THE SHIPPING CONTROL BOARD UPON WHICH SHIPS ARE REQUISITIONED.
The following are the terms and conditions which shall govern ships requisitioned under regulation 24 of the National Security (Shipping Coordination) Regulations, or under the Regulations repealed by Part III. of those Regulations, where the Order of the Minister specifies the Standard Time Charter Party prepared by the Shipping Control Board or does not otherwise provide and such terms and conditions shall apply to all ships so requisitioned and to the owners thereof:—
Hire.
The ship having been requisitioned in pursuance of the National Security (Shipping Co-ordination) Regulations, or under the Regulations repealed by Part III. of those Regulations, the Owners let, and the Charterer hires, the ship for the period of Requisition upon the terms and conditions hereinafter set out.
Commencement.
Delivery Place and conditions.
Employment.
The hire shall commence on and from the day (Sundays and Holidays excepted) on which she is delivered or placed at the disposal of the Charterer (24 hours’ previous notice in writing having been given to Charterer, such notice to be given (Sundays and Holidays excepted) between 10 a.m. and 5 p.m. on weekdays, and 10 a.m. and 12 noon on Saturdays); at such port and in such dock or at such safe wharf or place immediately available as Charterer may direct, inward dues having been paid by Owners, and she then being ready with clear holds, tight, staunch, strong (and having, if so required by the Charterer, been dry docked and newly painted), and in every way fitted for service, with Master and full complement of Officers, Engineers and Crew for a ship of her tonnage and description to be employed in lawful trades.
Owners to maintain.
3.—(a) The Owners shall throughout the period of requisition maintain the ship in a thoroughly efficient state in hull machinery equipment and cargo gear with Master and full complement of Officers, Engineers and Crew for a ship of her tonnage and description, and obtain and keep in force the usual Government certificates, the ship to work night and day if required by Charterer, all winches to be at Charterer’s disposal during loading and discharging, and the ship to provide power to work the same day and night as required.
Master’s duties.
(b) The Master shall prosecute his voyages with the utmost despatch and shall render all possible assistance with ship’s officers, crew and boats, and equipment on the ship.
Owners to provide.
The Owners shall provide and pay for all provisions and wages (including War Bonuses and all overtime whether or not engaged on work for which the Owner is liable hereunder) of the Master, Officers, Engineers and Crew (subject, however, to the refund by the Charterer provided for in clause 5 (b) hereof); for water for ballast and all purposes excepting for livestock; for Consular fees and charges for Master, Officers, Engineers and Crew; for all deck, engine-room and cabin stores; for electric light; for marine insurance of the ship (but not insurance against war risk as hereinafter provided); for all compensation payments to or in respect of seamen; for all wireless subsidies and operators’ salaries; for Shipping Office and Navigation Department fees; and for all services in connexion with the navigation of the ship not otherwise in this Charter Party expressly provided for.
Charterer to provide.
5.—(a) The Charterer shall while the ship is on hire provide and pay for all coal and other fuel consumed and shall also pay all port, light, dock, canal and the like dues and charges; pilotages and towages; victualling of passengers; and, where necessary for the Charterer’s business, all stevedoring, labourage, agencies and commissions, and other expenses of loading and discharging cargoes, including winchmen, and all other charges appertaining to the cargo:
Provided that where the manning of any vessel is reduced below that prevailing at 1st July, 1941, or such other date as at which the charter rate for the vessel is determined, or the total amount payable by the Owners under clause 4 hereof is otherwise reduced below the amount payable by the Owners at 1st July, 1941, or such other date as at which the charter rate of the vessel is determined, then credit shall be given to the Charterer for any such expenses saved by the Owners.
(b) The Charterer shall also be liable for and shall refund to the Owners all amounts paid by the Owners in respect of the period while the ship is on hire to the Master, Officers, Engineers and Crew for wages (including War Bonuses) in excess of wages at the rates ruling for similar service at 1st July, 1941, and for or in respect of wages and victualling of extra crew required after the said 1st July, 1941. Provided, however, that the Charterer shall not be liable under this clause for any amount so paid by the Owners unless the same was paid either pursuant to an Award or decision of some competent Court or Tribunal having authority in the matter or with the consent in writing of the Charterer.
Bunker coal.
6.—(a) The Charterer shall take over and pay for all coal and other fuel in ship’s bunkers at the commencement of hire, and the owners shall take over and pay for all bunker coal and other fuel remaining on board at the time of re-delivery to the Owners at the expiration of the period of hire at prices representing the average cost of such bunker coal or other fuel.
(b) Any bunker coal or other fuel provided by the Charterer which shall be consumed by the ship during any period that she is off hire pursuant to this Charter Party shall be paid for by the Owners at the prices representing the average cost of such bunker coal or other fuel.
Commencement of hire.
7. The Charterer shall pay for the use and hire of the ship at the rate per day determined under the National Security (Shipping Control) Regulations or in some other lawful manner. The hire shall commence at the hour of delivery and shall continue, except for any periods during which the ship is off hire pursuant to the provisions of this Charter Party, or unless the ship is lost or missing, until the hour of her re-delivery to the Owners at the original Port of delivery, unless another Port is mutually agreed upon.
Lost or missing.
8. If the ship be lost, the hire is to cease and determine on the day of her loss, and if missing, on the date when last heard of. If, at a date when hire would otherwise be payable, the ship is more than seven days overdue at her destination, payment of hire shall be deferred until her arrival, or her safety ascertained, or if under repair, until service be resumed. Should the ship become a constructive total loss, such loss shall be deemed to have occurred on and the hire shall cease as from the day of the casualty resulting in such total loss.
Loading and discharging.
9. The Cargo or Cargoes shall be laden, stowed and discharged alongside any ship or in any dock or at any wharf or place that the Charterer or its Agents may direct where the ship can always safely lie afloat, or at any safe tidal berth where the ship may have to lie aground as usual and customary for ships of her size and class.
Cargo space.
Live-stock.
Deck cargo.
Stockmen.
10.—(a) The whole reach, burthen including lawful deck capacity and passenger accommodation, if any, of the ship (not being more than she can reasonably stow and carry) shall be at the Charterer’s disposal, reserving only proper and sufficient space for Master, Ship’s Officers, Engineers, Crew, tackle, apparel, furniture, provisions and stores. The Charterer is to have the right of carrying live-stock (including entire deck space), if required, compatible with the ship’s seaworthiness. The condenser is to be at the disposal of the Charterer when required, and also the ballast tanks for the conveyance of fresh water. The Owners are not responsible for mortality or injuries to and deterioration of stock, nor for stock washed overboard. The Charterer is to have the privilege of loading any usual lawful deck cargo to be carried at the Charterer’s or Shipper’s risk. The Owners, if required, are to provide, at the Charterer’s
expense, accommodation for such stockmen as may be necessary, the Charterer paying the Owners for victualling the number carried at the current rate per day per man recognized by the Commonwealth Court of Conciliation and Arbitration as the cost of victualling a member of the crew.
Dangerous goods.
(b) Any damage caused by the shipment of dangerous cargoes such as acids, explosives, calcium carbide, ferro silicon, naphtha, motor spirits, tar or any of their products, is to be for the Charterer’s account unless such damage is caused or contributed to by the negligence of the Owners or those for whom they are responsible.
Gear.
Winches.
11. The Owners shall provide and maintain in a thoroughly efficient state throughout the period of Requisition, all loading and unloading gear including ropes, falls, blocks, and ordinary standing and running gear necessary for handling coal and ordinary cargo of weights as at present equipped but not less than 2 tons; also sufficient electric or other lighting for night work. In the event of short steam or a disabled winch or winches, the Owners shall pay for shore engine or engines, in lieu thereof, if required, or allow the Charterer a proportionate rebate of hire.
Extra winches, gear, &c.
The Charterer is to be at liberty to fit any additional winches, cranes and gear for loading and discharging cargo that it may require beyond what is on board at the commencement of the Charter, and to make necessary connexions of steam and other pipes. Such work is to be done at the Charterer’s expense, and the said winches, cranes, and gear so fitted are to be and remain its property, and it shall remove the same at its expense before re-delivery of the ship to the Owners, leaving the ship, where any alterations have been made, in the same good order and condition as she was in at the commencement of the Charter, fair wear and tear and depreciation excepted. The Charterer has further the liberty to erect additional passenger and stock accommodation and movable bulkheads, the same to be supplied and erected and taken down at its expense, and any damage to the ship to be made good by it. The ship will remain on hire, less savings, while any of the foregoing work is being carried out.
Orders.
13. The Master shall be solely under and obey the orders and directions of the Charterer or any officer or agent authorized by the Charterer as regards employment of ship, agency, or other arrangements, but he shall be solely responsible (on behalf of the Owners) for the management, navigation, and handling of the ship.
Crew to be British subjects.
14. The Master, Officers and Engineers shall be British subjects, and the Owners shall so far as practicable engage only British subjects as members of the crew and shall not engage any person of enemy nationality.
Local laws.
The Owners and Master shall at the Owners’ expense take all reasonable measures to secure for the Charterer the full advantage of exemptions from pilotages and other charges, and the benefit of other local laws and regulations. Unless otherwise instructed by Charterer, the Master shall act as pilot at any port for which he holds an Exemption Certificate or where pilotage is not compulsory.
Exempt master.
16. The Charterer may appoint a Master holding any pilotage exemption certificate, paying his wages at award rates and his victualling, until such time as the Owners appoint a Master holding the same pilotage exemption certificate.
Deviation.
17. The Ship, in addition to any liberties expressed or implied herein, shall have the liberty to comply with any orders or directions as to departure, arrival, routes, ports of call, stoppages, or otherwise howsoever given by the Commonwealth Government, or any person acting or purporting to act with the authority of the Commonwealth Government. Nothing done or not done by reason of such orders or directions shall be deemed a deviation, and the ship and the Owners shall not be liable to the Charterer for any loss or damage caused or occasioned directly or indirectly by compliance with such orders or directions.
Third party indemnity.
18. The Charterer shall not suffer the Owners to be made liable to Third Parties in consequence of the requisitioning of the ship disabling the Owners from performing an obligation existing at the time of requisition.
Customs detention.
Quarantine.
The Owners shall be liable for time lost by any detention by Customs or other Authorities, caused by smuggling or any other infraction of the laws of the country to which ship is trading on the part of the Owners, Master, Officers, Engineers or Crew Quarantine and fumigation expenses and time lost to be for Charterer’s account.
Misconduct.
If the Charterer shall have reason to be dissatisfied regarding the ability or conduct of the Master, or of any Officer, or Engineer, or member of the Crew, the Charterer or its Agents shall, in conjunction with the Owners or their Agents, investigate the matter, and, if required by the Charterer, the Owners shall make a change in the appointment as soon as practicable.
Docking.
21.—(a) The Owners shall, at any times arranged with the Charterer, annually cause the ship and her equipment to be surveyed and overhauled and the ship to be provided with the official certificate of survey and equipment appropriate to the trade in which the ship is at the time employed or is to be employed as required by the Navigation Act and Regulations thereunder, and at such annual survey, and also once between such annual surveys, if required by the Charterer, arrange for the ship’s bottom to be cleaned and repainted, at their own expense, at the port at which she may then be or as mutually agreed, and provided there is a suitable dry dock or slip available; hire to cease from the time the ship is placed at the disposal of the Owners for such work, a dock being then available, until she is again placed at the disposal of the Charterer ready and efficient for further service.
(b) Cleaning of boilers whenever possible shall be done during service, but if impossible, Charterer shall give Owners the necessary time for cleaning. Should the ship be detained beyond 48 hours, hire shall then cease until she is again ready.
Sailing orders Logs.
The Master shall be furnished by the Charterer or its Agents from time to time with all requisite instructions and sailing directions, in writing, and both he and the Chief Engineer shall keep full and correct logs of the voyage or voyages, which are to be accessible to Charterer or its Agents; and which are to be forwarded to the Charterer if required. (Provided, however, that the keeping of logs shall be subject to National Security Regulations).
Average.
23.—(a) General Average shall be settled in accordance with the York-Antwerp rules, 1924, but the Charterer shall not be called upon to sign bonds or pay deposits.
(b) Any disbursements paid by the Charterer, and also the replacement value of any bunkers recovered in General Average, shall be refunded to the Charterer. Wages and provisions which are recovered in General Average to be also refunded to the Charterer if paid for or consumed during any period for which hire is payable.
Detention. Stress of weather.
24.—(a) Should the ship be driven into port or to anchorage by stress of weather any detention or loss of time shall be at Charterer’s expense.
Inefficiency, breakdown, and other stoppages.
(b) In the event of any detention or loss of time from deficiency of Master, Officers, Engineers or Crew, breakdown of machinery or boilers, collision, stranding, damage to hull, want of repairs or any other cause whatsoever affecting the efficiency of the ship, preventing the working of the ship for more than 24 consecutive hours, the payment of hire shall, subject to sub-clause (c) hereof, cease from the commencement of such detention or loss of time until the ship is again in a fully efficient state to resume her service, with any cargo or bunkers discharged for repairs reloaded, and, if required by the Charterer, at the place where she became inefficient. All expenses incurred in connexion with such detention or loss of time, including fuel consumed while off hire, shall be for Owner’s account. If upon a voyage the speed of the ship be reduced by the breakdown of machinery or boilers, the loss of or damage to propeller, or any other of the causes aforesaid, the time lost and the cost of the extra fuel, if any, consumed in consequence thereof, shall be borne by the Owners.
(c) If any detention or loss of time which but for this sub-clause would have been covered by sub-clause (b) hereof, is a direct consequence of any cause the risk of which in respect of loss of or damage to the ship is to be borne by the Charterer under Clause 27 hereof, then the ship shall remain on hire during the period of such detention or loss of time.
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(d) (i) If, in the opinion of the Charterer, any deficiency of Master Officers, Engineers and Crew resulting in a detention or loss of time which but for this paragraph would have been covered by Sub-clause (b) hereof, is a direct consequence of war conditions, then hire shall not cease until the expiration of the first 72 hours of such detention or loss of time. Provided, however, that the concession may be claimed once only in any one month.
(ii) If, in the opinion of the Charterer, any other cause resulting in a detention or loss of time which but for this paragraph would have been covered by Sub-clause (b) hereof, is a direct consequence of war conditions, then the ship shall remain on hire during the whole or such part of the period of detention or loss of time as the Charterer in its absolute discretion may determine.
Rebate of hire.
(e) In respect of any period during which, pursuant to this Clause, the ship shall remain on hire, credit shall be given to the Charterer for any expenses saved by the Owners.
Negligence.
25. The Charterer shall not be held responsible for loss or damage sustained by the Owners through the negligence of Pilots or Masters or Crews of Tugboats, stevedores or other qualified persons employed in the loading, stowage or discharge of the cargo, even if appointed and paid by the Charterer or its Agents, and nothing in the Charter-party shall relieve the owners from their proper legal responsibility for safe and proper stowage of the cargo.
Laying-up rebates.
26. Should the ship, while on hire, be laid up or remain in port for sufficient length of time to entitle the Owners to a rebate of hull and club insurance, the same is to be credited to the Charterer and also any savings made. The Charterer is to have the benefit of all Protection and Indemnity Clubs in which the ship is entered to the full extent that the rules of the Clubs permit the benefits to be subrogated; Owners to bear any proportion of expenses not recoverable under the terms of Ships’ entry in the Clubs as existing on 1st July, 1941.
War-risk.
27.—(1.) The Commonwealth undertakes liability for the following risks, namely:—
(a) The risks excluded from an ordinary English policy of marine insurance by the clause—
“Warranted free of capture seizure arrest restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned, or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this warranty ‘power’ includes any authority maintaining Naval, Military or Air Forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion insurrection or civil strife arising therefrom, or piracy.”
(b) Loss of or damage to the ship caused by—
(i) Hostilities warlike operations civil war revolution rebellion insurrection or civil strife arising therefrom;
(ii) Mines torpedoes bombs or other engines of war;
(iii) Any act done in pursuance of the direction of a competent authority to destroy or disable the ship in order to prevent its falling into the hands of the enemy or proving of use to the enemy.
(c) Liabilities of the Owners in respect of the ship for—
Loss of life of or personal injury to Master Officers Crew and pilots and hospital medical and funeral expenses resulting therefrom, detention by the enemy of Master, Officers and Crew, conveyance of Master, Officers and Crew to port of engagement discharge or other port agreed, loss of or damage to their clothes or effects and wages until recovery and return to home port when landed
and left elsewhere by reason of illness or accident, wages during unemployment where their service is terminated by reason of wreck or loss of ship and the cost of removal of wreck, when the liability arises from capture seizure arrest restraint or detainment and the consequences thereof or of any attempt thereat, or from the consequences of hostilities or warlike operations whether there be a declaration of war or not, civil war, revolution rebellion insurrection or civil strife arising therefrom, piracy, strikes, lock-outs, political or labour disturbances, riots, civil commotions, military or usurped power:
Recapture.
Provided that, in the event of a loss by capture, seizure, arrest, restraint or detainment, if before the expiration of 183 days from the date of the loss the ship be recaptured or released and restored to the Owners there shall be no claim upon the Commonwealth for any loss in respect of or arising out of such capture seizure arrest restraint or detainment other than the following, namely:—
(a) The cost of repair of damage received by the ship by reason of the capture seizure arrest restraint or detainment;
(b) The expenses incurred in respect of the ship by reason of the capture seizure arrest restraint or detainment and the recapture release or restoration of the ship until her arrival at her home port or some other port where she might reasonably be employed by the Owners unless in the meantime she again comes on hire.
(c) A sum by way of compensation at the rate of 10 per cent. per annum on the basic value as hereinafter defined from the date when by reason of capture seizure arrest restraint or detainment the ship went off hire until the date of recapture or release and restoration.
Sue and labour.
(2.) The suing and labouring clause involved in sub-clause (1.) (a) of this clause shall be deemed to be supplementary to the obligation of insurance hereby undertaken by the Commonwealth and the owners may recover thereunder any expenses properly incurred pursuant to the clause notwithstanding that the Commonwealth may have paid for a total loss.
Application of Part V. of Marine Insurance Act 1909.
(3.) The provisions of Part V. of the Marine Insurance Act 1909 shall apply as if this clause were a policy of insurance and the Commonwealth were an insurer and the Owners were an insured.
Waiver.
(4.) No acts of the Owners or of the Commonwealth in or toward recovering, saving or preserving the ship shall be considered a waiver or acceptance of abandonment.
Running down.
(5.) If, by reason of the operation of any of the risks undertaken by the Commonwealth in sub-clause (1.) of this clause, the ship shall come into collision with any other ship, and the Owners shall in consequence thereof become liable to pay and shall pay by way of damages to any other person or persons any sum or sums not exceeding in respect of any one such collision the basic value of the ship, and such liability would not be recoverable under the standard hull marine form of policy, the Owners shall be entitled to receive from the Commonwealth such sum or sums so paid, and in cases in which the liability of the ship has been contested, or proceedings have been taken to limit liability, with the consent in writing of the Charterer, the Owners shall also be entitled to receive from the Commonwealth the costs which the Owners shall thereby incur or be compelled to pay.
This provision shall apply notwithstanding that the ship has been captured or seized and that the collision occurs while such capture or seizure is maintained.
Subrogation rights of the Commonwealth.
(6.) Where the Commonwealth pays or accepts liability for a total loss it shall become entitled to take over the interest of the shipowner in whatever remains of the subject matter and shall be subrogated to all his rights and remedies in and in respect of the subject-matter as from the time of the casualty causing the loss.
Valuation.
(7.) For the purpose of the liability so undertaken by the Commonwealth, the value of each ship shall be fixed in the manner hereinafter set out, as from the time she comes on hire, and the value so fixed shall be taken to be her established value. Her established value shall consist of two parts, namely, a
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basic value and an increased value. The basic value shall be taken prima facie to be that value for which, before the time of requisitioning, she was insured with the Marine War Risks Insurance Board. But—
(a) If the Owner claims that for the purpose of such insurance he had, as a matter of policy, adopted a value lower than her true value at the outbreak of war, the basic value shall be the value for which, judged by values adopted by him or other owners for comparable ships insured with the Marine War Risks Insurance Board it appears that the Owner, but for such policy, would have so insured her;
(b) If the Shipping Control Board is of opinion that judged by the values adopted by the Owner or other owners for comparable ships so insured the value is excessive as a basic value, an adjustment shall be made so as to fix a fair basic value.
At the end of two years the valuation of a ship may be reviewed at the instance either of the Owner or of the Shipping Control Board.
(8.) The basic value shall be fixed by the Shipping Control Board, after considering such representations as the Owner thinks fit to make. But if the Owner is dissatisfied with the value so fixed, the Minister of State for Supply and Shipping may, upon his request, appoint a referee or referees to review the value, and the basic value fixed by the referee or referees shall be final.
(9.) The increased value shall be an addition of twenty-five per cent. of the basic value.
Total loss.
(10.) If under this clause the Commonwealth becomes liable as for a total loss, the following provisions shall apply:—
(a) The Commonwealth shall be responsible to the Owner to the extent of the established value;
(b) The amount payable to the Owner at once in money shall not exceed the basic value;
(c) The amount which would, otherwise, be payable to the Owner in respect of the increased value shall be placed to the credit of the Owner in a trust account to be called “The Australian Tonnage Replacement Account”;
(d) The Owner shall be credited with simple interest at the rate of four per cent. per annum on the amount standing for the time being to his credit in the Australian Tonnage Replacement Account.
Replacement.
(11.) The Owner shall not be entitled to the amount standing to his credit in the Australian Tonnage Replacement Account except for the replacement within seven years of the end of the war of tonnage lost. The replacement of tonnage lost means the acquisition of a ship or ships having a total value of at least the established value of the ship lost. The value of the ship acquired shall be measured by her cost or estimated cost or by her purchase price as the case may be, in either case taking into account customs duty, if any. For this purpose, if the Commonwealth has become liable under this clause as for a total loss in respect of more than one ship of the same owner, the established values of all such ships may be combined and the acquisition of a ship or ships having a total value of not less than the established values of all the ships lost shall be considered complete replacement and the acquisition of a ship of greater value than the established value of any one of the ships lost shall be considered replacement pro tanto for which a proportionate amount of the total sum standing to the credit of the owner of the ships lost may be paid out of the Australian Tonnage Replacement Account, that is to say, a proportion giving twenty per cent. of the value of the ship or ships acquired by way of replacement.
The acquisition of a ship may be by building a ship or by purchasing a ship not already on the Australian Register or trading on the Australian Coast.
When the acquisition is by building a ship, the keel must be laid within seven years from the end of the war. When the acquisition is by purchase, delivery must be obtained within seven years from the end of the war.
Unless the expression “end of the war” is defined by some applicable statute, the war shall be taken to have ended when six months have elapsed after the cessation of hostilities against all parts of the British Commonwealth.
(12.) No moneys shall be paid out of the Australian Tonnage Replacement Account to or on account of the owner of a ship or ships lost unless the ship acquired has been placed upon the Australian Register or the Minister of State for Supply and Shipping is satisfied that she will be placed upon the Australian Register, and unless the Shipowner acquiring such ship undertakes to the satisfaction of the Minister of State for Supply and Shipping that without his consent he will not sell or transfer ownership in the vessel within two years and will not transfer her from the Australian Register and for two years will employ her in a trade or service so that on a round voyage her port of clearance and port of final destination shall be within Australia. Upon being satisfied that such Shipowner has entered into a binding contract for the acquisition of a ship of the required value whether by building or by purchase and that she will be placed upon the Australian Register the Minister of State for Supply and Shipping may pay over to him any moneys standing to his credit up to the sum payable in respect of that acquisition or apply any such moneys towards the discharge of such Shipowner’s liabilities under the contract.
Such Shipowner shall be entitled to payment of the residue of the amount payable to him in respect of the value of the tonnage replaced if the conditions of this clause are fulfilled, as and when the ship or ships acquired by way of replacement enter service upon the Australian Coast.
Deviate.
28. The ship shall have liberty to tow or to be towed and assist vessels in distress in any situation, and to deviate for the purpose of saving or attempting to save life or property at sea.
Salvage.
29. All salvage and assistance to other vessels shall be for Owners’ and Charterer’s equal benefit, hire of ship during loss of time, value of fuel consumed, Master’s, Officers’, Engineers’ and Crew’s proportion, legal expenses, and repair of damage sustained by ship, gear or equipment, being first charges upon such services.
Lien.
The Charterer shall have a lien on the ship and on the hire for disbursements on Owners’ account, for all moneys paid in advance and not earned, and for the value of bunker fuel on board.
Sub-letting.
31. The Charterer shall have the right of sub-letting the ship, upon giving due notice to the Owners, the Charterer remaining responsible for hire and the observance of the terms and conditions of this Charter.
Flags.
The ship shall, if required, sail under flags provided by the Charterer, but the Owners shall provide the following flags and outfit for signalling:—
(a) A set of International Code Flags and the latest edition of the Signalling Code.
(b) A pair of Hand Flags for semaphoring messages in daylight,
(c) A flashing lamp for signalling at night. (Morse Code.)
(d) Signal Letters of British Ships.
Charts.
33. The Owners shall provide the charts (if obtainable in Australia) required for the safe navigation of the ship according to the services on which she may from time to time be employed, and shall supply the necessary compasses and chronometers, in respect of which certificates from competent authorities shall be furnished that they are in good order, and that correct deviation tables have been provided. If the Charterer shall place on board any charts or navigational publications or instruments they shall remain the property of the Charterer, and the Charterer shall not warrant their accuracy nor be responsible for the results of any inaccuracies therein, nor for any omission by the Owners to provide charts, nor shall the Owners be relieved from any responsibility under this Charter.
Definitions.
34. In this Charter the word “Charterer” means the Shipping Control Board on behalf of the Commonwealth of Australia, and the word “Owner” or “Owners” means, in respect of a ship, requisitioned under regulation 24 of the National Security (Shipping Co-ordination) Regulations, or under the Regulations repealed by Part III. of those Regulations, the person, persons or company registered under the Imperial Act known as the Merchant Shipping Act, 1894 as the owner of such ship.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.