Protection of the Sea (Powers of Intervention) Regulations 1983

Protection of the Sea (Powers of Intervention) Regulations 1983 Statutory Rules 1983 No. 220 as amended made under the Protection of the Sea (Powers of Intervention) Act 1981 This compilation was prepared on 16 December 2006 taking into account amendments up to SLI 2006 No. 360 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Page 2 Protection of the Sea (Powers of Intervention) Regulations 1983 Contents 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 3 Notification of change in ownership of a ship 3 4 Notification of change of master of ship 4 5 Notification of change of owner of tangible asset 5 Notes 7 Regulation 3 Protection of the Sea (Powers of Intervention) Regulations 1983 3 1 Name of Regulations [see Note 1] These Regulations are the Protection of the Sea (Powers of Intervention) Regulations 1983. 2 Interpretation In these Regulations, unless the contrary intention appears, the Act means the Protection of the Sea (Powers of Intervention) Act 1981. 3 Notification of change in ownership of a ship (1) For paragraph 18 (1) (b) of the Act, the Authority must be notified of a change in the ownership of the ship in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication: (a) telephone; (b) fax; (c) email; (d) telex; (e) high frequency radio digital selective calling. Note In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively. (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify: (a) in the case of a telephone message: (i) that the message is urgent; and (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the ship; and (b) in any other case, all of the following: (i) the date on which the message is transmitted; (ii) the time of day, expressed as Universal Co-ordinated Time, that the message is transmitted; Regulation 4 4 Protection of the Sea (Powers of Intervention) Regulations 1983 (iii) that the message is urgent; (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the ship. (3) The following particulars of a change in the ownership of a ship are prescribed for the purposes of paragraph 18 (1) (b) of the Act: (a) the name of the new owner of the ship; (b) the address of the principal place of business of the new owner; (c) if the address referred to in paragraph (b) is outside Australia and the new owner has an office or agent in Australia — the address of that office or that agent in Australia; (d) the telephone number, fax number, email address or telex number to be used to send an urgent message to the new owner of the ship; and (e) particulars of any change to the flag or name of the ship. 4 Notification of change of master of ship (1) For paragraph 18 (2) (b) of the Act, the Authority must be notified by the person ceasing to be the master of the ship in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication: (a) telephone; (b) fax; (c) email; (d) telex; (e) high frequency radio digital selective calling. Note In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively. (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify: (a) in the case of a telephone message: (i) that the message is urgent; and Regulation 5 Protection of the Sea (Powers of Intervention) Regulations 1983 5 (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person ceasing to be the master of the ship; and (b) in any other case, all of the following: (i) the date on which the message is transmitted; (ii) the time of day, expressed as Universal Co-ordinated Time, that the message is transmitted; (iii) that the message is urgent; (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person ceasing to be the master of the ship. (3) The following particulars of a change in the master of a ship are prescribed for paragraph 18 (2) (b) of the Act: (a) the name of the new master of the ship; (b) the date of engagement of the new master. 5 Notification of change of owner of tangible asset (1) For paragraph 18 (3) (b) of the Act, the Authority must be notified of a change in the ownership of a tangible asset in a message transmitted to the Rescue Coordination Centre of the Authority using any of the following means of communication: (a) telephone; (b) fax; (c) email; (d) telex; (e) high frequency radio digital selective calling. Note In the context of maritime radio communication, the terms ‘high frequency’ and ‘digital selective calling’ may be found cited as ‘HF’ and ‘DSC’ respectively. (2) A message referred to in subregulation (1) must commence with the code letters TRANSREP and must specify: (a) in the case of a telephone message: (i) that the message is urgent; and Regulation 5 6 Protection of the Sea (Powers of Intervention) Regulations 1983 (ii) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the tangible asset; and (b) in any other case, all of the following: (i) the date on which the message is transmitted; (ii) the time of day, expressed as Universal Co-ordinated Time, that the message is transmitted; (iii) that the message is urgent; (iv) the telephone number, fax number, email address or telex number to be used to send an urgent message to the person who was the owner of the tangible asset. (3) The following particulars of a change in the ownership of a tangible asset are prescribed for paragraph 18 (3) (b) of the Act: (a) the name of the new owner of the tangible asset; (b) the address of the principal place of business or residence of the new owner; (c) the telephone number, fax number, email address or telex number to be used to send an urgent message to the new owner; (d) particulars of any change to the tangible asset. Notes to the Protection of the Sea (Powers of Intervention) Regulations 1983 Table of Instruments Protection of the Sea (Powers of Intervention) Regulations 1983 7 Notes to the Protection of the Sea (Powers of Intervention) Regulations 1983 Note 1 The Protection of the Sea (Powers of Intervention) Regulations 1983 (in force under the Protection of the Sea (Powers of Intervention) Act 1981) as shown in this compilation comprise Statutory Rules 1983 No. 220 amended as indicated in the Tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number. Table of Instruments Year and number Date of notification in Gazette and FRLI registration Date of commencement Application, saving or transitional provisions 1983 No. 220 14 Oct 1983 5 Feb 1984 (see r. 2 and Gazette 1984, No. S31) 1991 No. 332 29 Oct 1991 29 Oct 1991 — 2006 No. 360 15 Dec 2006 (see F2006L04057) 16 Dec 2006 — Notes to the Protection of the Sea (Powers of Intervention) Regulations 1983 Table of Amendments 8 Protection of the Sea (Powers of Intervention) Regulations 1983 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 1 ..................................... rs. 2006 No. 360 R. 3 ..................................... am. 1991 No. 332; 2006 No. 360 R. 4 ..................................... am. 1991 No. 332; 2006 No. 360 R. 5 ..................................... rep. 1991 No. 332 ad. 2006 No. 360