Commonwealth legislation

Navigation (Loading and Unloading) Regulations 1941 (Amendment)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

337 of 1942

Collection

legislative instrument

Plain English Summary

2/10 complexity

This amendment makes it easier to prosecute safety breaches involving overweight cargo on ships. What it does: It adds a rule stating that official weight certificates—signed by the person operating the scales or weighing equipment—can be used as proof in court (called prima facie evidence, meaning it stands as true unless challenged) when prosecuting violations of loading regulations. Who it affects: Dock workers, shipping companies, weighbridge operators, and anyone handling cargo loading/unloading. Why it matters: Previously, prosecutors might have needed to bring the actual scale operator to court to testify about a package's weight. Now, a signed certificate is sufficient proof unless the accused can provide evidence to the contrary. This speeds up enforcement of weight safety rules designed to prevent ships from being dangerously overloaded.

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Current sections

Direct links to the current provisions in Navigation (Loading and Unloading) Regulations 1941 (Amendment).

Navigation (Loading and Unloading) Regulations 1941 (Amendment)

STATUTORY RULES.

1942. No. .

REGULATION UNDER THE NAVIGATION ACT 1912-1935.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1935.

Dated this twenty-fourth day of July, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Signature

for the Minister of State for Commerce.

Amendment of the Navigation (Loading and Unloading) Regulations.†

Regulation 51 of the Navigation (Loading and Unloading) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) In any prosecution for a breach of this regulation a certificate in writing by the keeper or person in charge of any weighing instrument stating that the package or article has, by the person purporting to sign it, been weighed and found to be of the weight stated in the certificate, shall, in any court, be prima facie evidence of the facts so stated.”.

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1941, No. 164.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

4654.—Price 3d. 20/24.6.1942.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Navigation (Loading and Unloading) Regulations 1941 (Amendment)