Federal Register of Legislation
Protection of the Sea (1992 Fund) Regulations 1994 Statutory Rules 1994 No. 126 as amended made under the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 This compilation was prepared on 13 October 2009 taking into account amendments up to SLI 2009 No. 243 Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra
Contents Part 1 Preliminary 1 Name of Regulations [see Note 1] 2 Commencement [see Note 1] 3 Interpretation Part 2 Registration of foreign judgments 4 Jurisdiction of Courts 5 Court fees 6 Application for registration of foreign judgment 7 Sum for which judgment may be registered 8 Judgment sum to be expressed in Australian currency 9 Judgment in respect of pollution damage and other matters 10 Evidence in support of application to register judgment 11 Security for costs 12 Order on application for registration of judgment 13 Notice to judgment debtor of registration of judgment 14 Effect of registration of foreign judgment 15 Execution not to issue before period allowed to set aside judgment 16 Procedure to have a registered judgment set aside 17 Power of Court to set aside registered judgment 18 Further application for registration 19 Judgment not to be enforceable except by registration 20 Issue of certificates of judgments Part 3 Contributions and late payment penalties 21 Recovery of contributions and late payment penalties Part 4 Record keeping and returns 22 Records to be kept 23 Copies of records to be given to Authority 24 Authority may require documents Schedule Return Form Notes Part 1 Preliminary
1 Name of Regulations [see Note 1] These Regulations are the Protection of the Sea (1992 Fund) Regulations 1994. 2 Commencement [see Note 1] These regulations commence on the day on which Chapters 1, 2 and 4 of the Act commence. 3 Interpretation (1) In these regulations, unless the contrary intention appears: Act means the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993. compensation for pollution damage means compensation for which provision is made under Article 4 of the 1992 Convention. Court means a court that is invested or conferred with jurisdiction under regulation 4 for matters arising under Part 2. judgment means a judgment or order given or made by a court against the Fund for compensation for pollution damage in a foreign country to which the 1992 Convention applies. judgment creditor: (a) means the person in whose favour a judgment was given; and (b) includes a person in whom the rights under a judgment are vested by succession, assignment or otherwise. judgment debtor: (a) means the person against whom a judgment was given; and (b) includes a person against whom a judgment is enforceable under the law of the country in which the original court is situated. original court, in relation to a judgment, means the court by which the judgment is given. registered means registered under Part 2. (2) Unless the contrary intention appears, an expression used in these regulations and in the 1992 Convention has the same meaning in these regulations, as they relate to the 1992 Convention, as in the 1992 Convention. Note Words and expressions used in these regulations that are defined in the Act have the same meaning in these regulations as they have in the Act (see Acts Interpretation Act 1901, s. 46 (1) (a)). For example, section 3 of the Act contains definitions of the 1992 Convention and the 1992 Fund.
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