Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (MARITIME SAFETY) (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 351 - SCHEDULE 2

(regulation 4)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Navigation (Construction) Regulations 1968.

[2] Regulation 19

substitute

19 Information as to cross-flooding fittings and stability to be carried on ships

(1)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if there is provided in the ship, for the use of the master, in writing:

(a)

information as to the use of any cross-flooding fittings provided in the ship; and

(b)

such information as is necessary for the maintenance of sufficient intact stability under service conditions to enable the ship to withstand damage to the extent specified in the Second Schedule; and

(c)

in the case of a ship provided with cross-flooding fittings, information as to the conditions of stability on which the calculations of heel have been based, including a warning that excessive heeling may result if the ship sustains damage under less favourable conditions.

Penalty:
2 penalty units.

(2)

An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[3] Regulation 20

substitute

20 Damage control plans

(1)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if:

(a)

there are permanently exhibited in the wheelhouse or charthouse plans showing clearly, for each deck and hold, the boundaries of the watertight compartments, the openings in those compartments, the means of closure and the position of any controls of those means of closure and the arrangements for the correction of any list due to flooding; and

(b)

there are on board, in booklet form, a number at least equal to the number of officers normally carried in the ship of copies of the information referred to in paragraph (a).

Penalty:
2 penalty units.

(2)

An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[4] Subregulation 65 (2)

substitute

(2)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if the ship is marked as required by subregulation (1).

Penalty:
2 penalty units.

(3)

An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[5] Subregulation 93 (2)

substitute

(2)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if instructions are displayed in the ship as required by subregulation (1).

Penalty:
2 penalty units.

(3)

An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[6] Subregulation 97 (2)

substitute

(2)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if index plates and indicators are fitted in the ship as required by subregulation (1).

Penalty:
2 penalty units.

(3) An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[7] Regulation 124

substitute

124 Spare parts and tools

(1)

The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if:

(a)

there is on board an adequate supply of replacements for those parts of the ship's electrical equipment and installations which are essential for the safety of the ship and persons on board the ship; and

(b)

there is on board such tools as are necessary for the fitting of those replacements.

Penalty:
2 penalty units.

(2)

An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

[8] Regulation 248

substitute

248 Stores etc
(1) The master or owner of a ship may take the ship to sea, or permit the ship to be taken to sea, only if there is on board the ship such stores, spare gear and tools as are sufficient, having regard to the intended service of the ship, to enable running repairs to the boilers and machinery of the ship to be made while the ship is at sea.

Penalty:
2 penalty units.

(2)

An offence against subregulation (1) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .