Document ID: chunk:federal_register_of_legislation:F2009L02140:body:0:p1
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Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 20091

  Select Legislative Instrument 2009 No. 101

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.
Dated 4 June 2009

  QUENTIN BRYCE
  Governor-General
  By Her Excellency's Command

  ANTHONY ALBANESE
  Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

Part 1 Preliminary

 1 Name of Regulations
 2 Commencement
 3 Definitions

Part 2 Insurance certificates

 4 Application for certificate for ship — prescribed fee

Part 3 Registration and enforcement of judgments

Division 3.1 General

 5 General

Division 3.2 Jurisdiction

 6 Jurisdiction of Federal Court and State and Territory Supreme Courts

Division 3.3 How to apply to register judgment

 7 Application to register judgment
 8 Application must be supported by affidavit

Division 3.4 Enforcement of judgment

 9 Requirement to register judgment
 10 Judgment must be registered only for matters relating to compensation for pollution damage
 11 Amount for which judgment may be registered
 12 Conversion to Australian currency
 13 Security for costs
 14 Notice of registered judgment
 15 When order to register judgment takes effect
 16 Effect of order to register judgment

Division 3.5 How to set aside registered judgment

 17 Application for order to set aside registered judgment
 18 Order on application to set aside registered judgment
 19 Stay of execution of order for registered judgment

Division 3.6 Other applications to the Court

 20 Further applications to register judgment
 21 Circumstance in which judgment amount has been paid in part
 22 Circumstance in which order relates to compensation for pollution damage and other matters
 23 Issue of court documents

Part 1 Preliminary

1 Name of Regulations

  These Regulations are the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 2009.

2 Commencement

  These Regulations commence on the commencement of sections 3 to 30 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.

3 Definitions

  In these Regulations:
Act means the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.
amount payable under the judgment means the amount that an original court has decided is payable in compensation for pollution damage.
compensation for pollution damage means compensation for which provision is made under Article 3 of the Bunker Oil Convention.
Court means a court that is conferred with jurisdiction under regulation 6 for matters arising under Part 3.
judgment means a judgment or order:
 (a) given or made by a court situated in a country to which the Bunker Oil Convention applied at the time the judgment or order