Colonial passengers amendment (1868) (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO SECUNDO

VICTORDE REGIME

No. 14

An Ordinance to amend the Colonial Passengers Ordi-

nance 1861.' [Assented to 11th August, 1868.

AS by the Ordinance of the Legislative Council, No. 9, of Preamble le

1861, regulating the carriage of passengers by vessels engaged 25 Vio.,No.5,5.5.

WHERE

W

in the coasting trade, it is among other things enacted that every colonial ship or vessel shall be commanded by a competent master for her intended coasting voyage ; but no provisions are made for securing or testing the competency of the masters of such vessels ; and whereas for the protection of life it is necessary to prevent the command of such vessels being committed to incompetent persons : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

1. This Ordinance may be cited as The Colonial Passengers Short title

Amendment Ordinance, 1868,' and shall be construed with and as part of The Colonial Passengers Ordinance, 1861.'

2. Every vessel or ship in and by the ninth section of the said Coasting vet,

Ordinance, No. 9, of 1861, required to be commanded by a competent fry ea:Men:tie,	' e
the Board of Trade, or in the absence of such, a certificate from the
master, shall be commanded by a master possessing a certificate from masters master on board any such ship or vessel, and going to sea in such capacity, without being at the time entitled to and possessed of such certificate as is required by this section, and every person employing such person in the above capacity in such ship or vessel without ascertaining that he is at the time entitled to and possessed of such certificate shall, for each offence, incur a penalty not exceeding fifty pounds.

3. The Governor shall from time to time cause examinations to be Examhisactleorrttir

held of persons who may be desirous of obtaining certificates of coin- nea 'atetscorf com-

petency as masters ; and, for the purpose of such examinations, the potene3.

Governor shall from time to time appoint and remove examiners, and

32 VICTORIJE. No. 14

Coasting Vessels

award the remuneration to be paid to them ; lay down rules as to the qualifications and as to the times and places of examination ; and generally do all such acts as he thinks expedient in order to carry into effect the examination of the masters as aforesaid.

Certificates of	4. The examiners shall deliver to every applicant who passes the
competency to

be granted to	examination satisfactorily, and has given satisfactory evidence of his
those who pass	sobriety, experience and ability, a certificate of competency as master.
Power to in-
vestigate cases	5. Should the Governor have cause to believe that any master petency or misconduct unfit to discharge his duties, the Governor may either institute an investigation or may direct a Local Board, at or nearest to the place at which it may be convenient for the parties and witnesses to attend, to institute the same, and thereupon the Governor or such persons as he may appoint for the purpose shall conduct the investigation, and may summon the master to appear, and shall give him full opportunity of making a defence either in person or otherwise ; and thereupon such investigation shall be conducted and the like powers of cancelling and suspending the certificate exercised, and the result thereof reported, in the same manner and with the same powers in and with which formal investigations into wrecks and casualties are directed to be conducted, certificates cancelled and suspended, and the results thereof reported under the provisions contained in The Inquiries into Wrecks Ordinance 1864 ; ' save only that, if the Governor so directs, the person bringing the charge of incompetency or misconduct to the notice of the Governor shall be deemed to be the party having the conduct of the, case.
of alleged in-	holding a certificate from such examiners as aforesaid is from incom-
competency and
misconduct
Date of
operation	6. This Ordinance shall come into operation on the first day of January next.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.