NAVIGATION AND SHIPPING
BRITISH ACT OF 1921: WHETHER EXTENDS TO DOMINIONS
MERCHANT SHIPPING ACT 1921 (IMP.), s. 1 (1). (2)
The Comptroller-General of Customs has forwarded me the following memorandum for advice:
The following communication has been received from the Australasian Steamship Owners' Federation:
With reference to the Merchant Shipping Act 1921, dealing with lighters, barges or like vessels, my Members will be glad of a ruling as to whether their lighters, barges or like vessels are covered by the provisions of this Act. Section 509 of the Merchant Shipping Act 1894 states that Part VIII of that Act, dealing with limitation of liability, shall, unless the context otherwise requires, extend to the whole of His Majesty's Dominions. It is noted, however, that in section 1 of the Merchant Shipping Act 1921, the Act is apparently limited to lighters, barges, or like vessels used in navigation in Great Britain. It is not clear, therefore, whether the force of these words would be to preclude the application of the Act to lighters and barges etc. in Australia.
I shall be glad if the Solicitor-General will kindly advise in the matter.
Section 1, sub-section (1), of the Merchant Shipping Act 1921 extends the meaning of the expression 'ship', as used in Parts I and VIII of the Act of 1894, to include 'every description of lighter, barge, or like vessel used in navigation in Great Britain, however propelled'.
Section 1, sub-section (2), declares an extended meaning of the word 'owner' as used in Part VIII in relation to any such lighter etc.
In view of the words 'used in navigation in Great Britain' section 1 can have no application to the Commonwealth.
No provision of the Act of 1921 is incorporated in any Part of the principal Act declared to extend to the whole of the King's Dominions (e.g. Parts I, VIII and XIII).
The Act of 1921 is to be construed as one with the Acts of 1894-1920, but the territorial application of the principal Act is not uniform throughout its Parts.
In the absence of express words, in the Act of 1921, declaring its application to the Dominions I am of opinion that it has no application to the Commonwealth.
[Vol. 18, p. 121