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Statutory Rules 1983 No. 2211

Protection of the Sea (Civil Liability) (Registration of Foreign Judgments) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Protection of the Sea (Civil Liability) Act 1981.

Dated 7 October 1983.

N. M. STEPHEN
Governor-General

By His Excellency's Command,

Minister of State for Transport

Citation
1. These Regulations may be cited as the Protection of the Sea (Civil Liability) (Registration of Foreign Judgments) Regulations.

Interpretation
2. (1) In these Regulations, unless the contrary intention appears—
      "compensation for pollution damage" means compensation in respect of incidents—
          (a) that have caused pollution damage; or
          (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage;
      "judgment" means a judgment or order given or made by a court in proceedings for compensation for pollution damage being a court situated in a country to which the Civil Liability Convention applies;
      "judgment creditor" means, in relation to a judgment, the person in whose favour the judgment was given and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise;

S.R. 236/83—Cat. No. Recommended retail price 50c 30/29.9.1983

      "judgment debtor" means, in relation to a judgment, the person against whom the judgment was given and includes a person against whom the judgment is enforceable under the law of the country in which the original court is situated;
      "original court" means, in relation to a judgment, the court by which the judgment was given;
      "registration" means registration under these Regulations;
      "the Act" means the Protection of the Sea (Civil Liability) Act 1981.
(2) Except in so far as the contrary intention appears, an expression that is used in these Regulations and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in these Regulations, the same meaning as in the Convention.

Jurisdiction of courts
3. The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories with respect to matters arising under these Regulations.

Application for registration of foreign judgment
4. (1) A judgment creditor under a judgment may apply to a Supreme Court of a State or Territory to have the judgment registered in that Court.
(2) Subject to these Regulations, a Supreme Court of a State or Territory shall, on an application under this regulation, order the judgment to be registered.
(3) A judgment shall not be registered unless—
      (a) the judgment was given