Marine Act 1936 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
MARINE ACT, 1936
This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 October 1991.
It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.
SUMMARY OF PROVISIONS
PART I
PRELIMINARY
Section
1. Short title
2. Commencement and reservation
3. Repealing provision
4. Arrangement of Act
5. Interpretation
5a. Validation 6. Application of provisions relative to steamships to other ships 7. Exemptions 8. Continuance of certain regulations
PART II
GENERAL PROVISIONS
9. Administration of Act
10. Sealed deed instrument or writing to be evidence
11. Penalty for obstructing inspectors in the execution of their duty
12. Penalty on persons offering bribes or receiving them
13. Powers and duties of Minister
14. Regulations
15. Power to adopt regulations
PART III
CERTIFICATES OF MASTERS, MATES AND ENGINEERS
16. Limit of application of this Part
17. Examinations to be instituted for masters, mates and engineers
18. Certificates of competency to be granted to those who pass
21. Certificates for foreign-going and coast-trade ships available for coast-trade and river ships respectively
22. Penalties on fraudulent use of certificates etc.
23. Cancelled and suspended certificates
24. Form of certificates, cancellation, etc. to be recorded
25. In case of loss a copy to be granted
26. Cancellation or suspension of certificates of competency by Minister
PART IIIA
CREWING COMMITTEE
| 26a. | Constitution of Committee |
| 26b. | Nomination of members by owner or agent |
| 26c. | Quorum, etc. |
| 26d. | Determination by Committee |
| 26e. | Power to obtain information |
PART IV
SAFETY AND PREVENTION OF ACCIDENTS: COURTS OF SURVEY
DIVISION I—APPLICATION
27. Application of this Part of Act
DIVISION II—UNSEAWORTHY SHIPS
28. Court of survey
29. Power to appoint inspectors to report
30. Powers of inspectors
31. Sending unseaworthy ship to sea a misdemeanour
32. Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
33. Ships in an unseaworthy condition
34. Penalty for departing from or arriving at any port without hatches battened down
35. Power to detain unsafe ships and procedure for such detention
36. Enforcing detention
37. Penalty on taking detaining officer to sea
38. Constitution of court of survey for appeals
39. Power and procedure of court of survey
40. Rules of practice
41. Liability of Minister and shipowner for costs and damages
42. Power to require from complainants security for costs
DIVISION III—SCIENTIFIC REFEREES
43. Reference in difficult cases to scientific referees
DIVISION IV—CABLES AND ANCHORS
44. No chain cable or anchor exceeding one hundred and sixty-eight pounds to be sold without being tested
45. Contract for sale to imply a warranty
46. Cables and anchors of alleged unseaworthy ships
DIVISION V—SHIP’S DRAUGHT AND FREEBOARD
47. Ship’s draught of water and clear side to be recorded
DIVISION VI—DECK AND LOAD LINES
48. Marking of deck lines
49. Marking of load line
50. Method of marking load line
51. Appointment of officers, etc.
52. Regulations
53. Ship marked under Imperial Act to be taken as marked under this Act
54. Ships with submerged load lines to be deemed to be unsafe
55. Penalty for offences in relation to marks on ships
56. Load line certificates
DIVISION VII—EQUIPMENT
57. Ships to be properly equipped
58. Penalties on masters and owners, etc., neglecting to provide equipments
DIVISION VIII—REGULATIONS FOR PREVENTING COLLISIONS, ETC.,
LIGHTS, SIGNALS, ETC.
59. Regulations concerning lights, fog-signals and sailing rules
60. Enactment of regulations concerning lights, fog-signals and sailing rules
61. Owners and masters bound to obey regulations or rules
62. Breach of regulations or rules to imply wilful default of person in charge
63. Duties of masters in case of collision
64. Signals of distress
65. Method of giving helm orders
DIVISION IX—INSPECTION OF SHIPS
66. Inspection for enforcing regulations
DIVISION X—EQUIPMENT OF STEAMSHIPS
67. Equipment of steamships
| 67aa. | Penalty for improper weight on safety-valve |
DIVISION XA—WIRELESS INSTALLATIONS
| 67a. | Application of this Division |
| 67b. | Duty to carry wireless |
| 67c. | Wireless operator |
| 67d. | Exemptions |
| 67e. | Penalty |
DIVISION XB—FISHING VESSELS
| 67g. | Fishing vessels |
| 67h. | Inquiries and investigations relating to fishing vessels |
DIVISION XC—FLOATING ESTABLISHMENTS
| 67i. | Floating establishments |
| 67j. | Inquiries and investigations relating to floating establishments |
DIVISION XI—SURVEY OF SHIPS
69. Annual survey of ships
70. Appointment of surveyors
71. Surveyors to have power to inspect
72. Penalty on surveyors receiving fees unlawfully
73. Mode of survey and declaration of survey
74. Time for surveys
75. Issue of certificates
76. Transmission of certificates
77. Fees to be paid for certificates
78. Power to cancel certificates and require fresh declarations
| 78a. | Alterations to ship in respect of which a certificate has been issued |
| 79. | How long certificates to continue in force |
| 80. | Certificate to be placed in conspicuous part of ship |
| 81. | Power of board to extend certificates granted by them |
| 82. | Penalty where ship carries passengers in excess of number specified in certificate |
| 83. | Surveyors to make returns of the build and other particulars of ships |
| 84. | Ships with Board of Trade certificates |
| 85. | Permit exempting certain ships from survey |
| 85a. | Stability information to be supplied |
DIVISION XII—APPEAL ON REFUSAL OF CERTIFICATE AS TO
EQUIPMENT, ETC.
86. Appeal to court of survey
DIVISION XIII—CARRIAGE OF DANGEROUS GOODS
87. Dangerous goods defined
88. Restrictions on carriage of dangerous goods
89. Penalty for misdescription of dangerous goods
90. Power to refuse to carry goods suspected of being dangerous
91. Forfeiture of dangerous goods improperly sent
92. Power to prohibit carriage of any cargo
93. Regulations as to dangerous goods
94. Explosives on ships carrying passengers
DIVISION XIV—GRAIN CARGOES
95. Stowage of grain cargo
DIVISION XV—DECK CARGOES
96. Description of deck cargo that may be carried
DIVISION XVI—MISCONDUCT BY PASSENGERS
97. Power to refuse or remove passengers who are drunk or misconduct themselves
98. Penalties for certain offences on board ship
99. Penalty for injuring ship or molesting crew
100. Manner of apprehending offenders
101. Penalty on persons refusing to give their name and address
PART V
INVESTIGATIONS AND INQUIRIES INTO CASUALTIES, INCOMPETENCY,
AND MISCONDUCT
DIVISION I—APPLICATION
102. This Part not to apply to foreign ships
DIVISION II—NOTICE OF CASUALTIES, ETC.
103. Collisions and casualties on voyages to be reported to Minister
DIVISION III—PRELIMINARY INQUIRIES—INVESTIGATIONS
104. Preliminary inquiries
105. Formal investigations
DIVISION IV—COURT OF MARINE INQUIRY
106. Constitution of court of marine inquiry
107. Constitution of court
108. List of assessors
109. Summoning assessors
110. Powers and duties of court of marine inquiry
111. Quorum of court of marine inquiry
112. President of court of marine inquiry
113. Decision of court
114. Report to Minister
115. Powers as to certificate
116. Delivery of certificate
117. Conduct of case
118. Powers of court
119. Costs
120. Payment of costs by Minister
121. Clerk of court of marine inquiry
122. Sitting to be in open court
123. Re-hearing of inquiries and investigations
124. Rules
125. Remuneration of assessors
PART VI
MISCELLANEOUS
126. Superintendents of mercantile marine offices
127. Application of certain portions of Navigation Act relating to seamen
128. Provision for seamen left behind
129. Name of master in agreement
130. Engagement and discharge of seamen
131. Repeal in part of certain provisions of Merchant Shipping Act
132. Private signals
133. Service to be good if made personally or at abode or on board ship, etc.
134. Burden of proof that a ship is exempted
135. Witnesses to be allowed expenses
136. Power to enforce attendance of witnesses
137. Forgery and fraudulent alteration to documents and false representation, etc.
138. Sums ordered to be paid leviable by distress on ship
139. Recovery by Minister of expenses
140. Costs to be payable by the Minister
141. Provision for costs and expenses of Minister
142. Tonnage of British ships
143. Tonnage of any ship how to be calculated
144. Summary proceedings
145. Immunity of Minister and persons acting in the administration of this Act
PART VII
COMMONWEALTH NAVIGATION ACT AND POSSIBLE TRANSFER OF POWERS
146. Effect of Navigation Act
147. Power to agree with Commonwealth as to discharge of duties, etc.
148. Power of Minister to designate officers, etc.
SCHEDULES
APPENDIX
LEGISLATIVE HISTORY
MARINE ACT, 1936
being
Marine Act, 1936, No. 2337 of 1936
[Royal Assent proclaimed 24 March 1937]1
as amended by
Harbors Act and Marine Act Amendment Act, 1947, No. 17 of 1947 [Assented to 24 October 1947]
Marine Act Amendment Act, 1957, No. 46 of 1957 [Assented to 14 November 1957]
Marine Act Amendment Act, 1962, No. 57 of 1962 [Royal Assent proclaimed 28 February 1963]
Harbors Act Amendment Act, 1966, No. 89 of 1966 [Royal Assent proclaimed 2 March 1967]2
Marine Act Amendment Act, 1968, No. 62 of 1968 [Assented to 9 January 1969]3
Marine Act Amendment Act, 1970, No. 68 of 1970 [Assented to 17 December 1970]4
Marine Act Amendment Act, 1973, No. 84 of 1973 [Assented to 13 December 1973]5
Marine Act Amendment Act, 1975, No. 54 of 1975 [Assented to 10 April 1975]
Marine Act Amendment Act, 1976, No. 55 of 1976 [Assented to 4 November 1976]6
Marine Act Amendment Act, 1989, No. 19 of 1989 [Assented to 20 April 1989]7
Marine (State Crewing Committee) Amendment Act 1991 No. 17 of 1991 [Assented to 18 April 1991]8
Came into operation 1 July 1937: Gaz. 25 March, 1937, p. 641.
Came into operation 20 March 1967: Gaz. 2 March 1967, p. 681.
Came into operation 1 September 1969: Gaz. 28 August 1969, p. 556: s. 2.
Came into operation 25 March 1971: Gaz. 18 March 1971, p. 1143: s. 2.
Came into operation 21 March 1974: Gaz. 21 March 1974, p. 988: s. 2.
Came into operation 31 March 1977: Gaz. 31 March 1977, p. 1010: s. 2.
Came into operation 2 November 1989: Gaz. 2 November 1989, p. 1349.
Came into operation 1 July 1991: Gaz. 27 June 1991, p. 2060.
| N.B. | The amendments effected to this Act by the Marine Act Amendment Act, 1987, have not been included in this reprint as they had not been brought into operation at the date of this reprint and certain of them were repealed by Act No. 59 of 1991 (see legislative history). |
Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.
An Act to consolidate and amend the law relating to merchant shipping, and for other purposes.
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Marine Act, 1936.
Commencement and reservation
2. This Act shall not come into operation until His Majesty’s pleasure therein has been publicly signified in South Australia, but after the signification of the said pleasure the Governor may, by proclamation, appoint a day on which this Act shall come into operation.
Repealing provision
3. The Acts mentioned in the first schedule are hereby repealed.
Arrangement of Act
4. The provisions of this Act are arranged as follows:—
PART I—Preliminary.
PART II—General Provisions.
PART III—Certificates of masters, mates, and engineers.
PART IIIA—Crewing Committee.
PART IV—Safety and prevention of accidents: Courts of survey.
DIVISION I—Application:
DIVISION II—Unseaworthy ships:
DIVISION III—Scientific referees:
DIVISION IV—Cables and anchors:
DIVISION V—Ship’s draught and freeboard:
DIVISION VI—Deck and load lines:
DIVISION VII—Equipment:
DIVISION VIII—Regulations for preventing collisions, etc.; light signals, etc.:
DIVISION IX—Inspection of ships:
DIVISION X—Equipment of steamships:
DIVISION XA—Wireless installations:
DIVISION XB—Fishing Vessels:.
DIVISION XI—Survey of ships:
DIVISION XII—Appeal on refusal of certificate as to equipment, etc.:
DIVISION XIII—Carriage of dangerous goods:
DIVISION XIV—Grain cargoes:
DIVISION XV—Deck cargoes:DIVISION XVI—Misconduct by passengers.
PART V—Investigations and inquiries into casualties, incompetency, and misconduct.
DIVISION I—Application:
DIVISION II—Notice of casualties, etc.:
DIVISION III—Preliminary inquiries:
DIVISION IV—Court of Marine Inquiry.
PART VI—Miscellaneous.
PART VII—Commonwealth Navigation Act and possible transfer of powers.
Interpretation
5. In this Act unless inconsistent with the context or subject-matter—
* * * * * * * * * *
"Board of Trade" means the Board of Trade of the United Kingdom:
"boat" means every vessel not a ship as herein defined which is used in navigation:
"casualty" includes the loss, abandonment, collision, grounding, of and any accident, injury by
fire, or damage to any ship:
"coast-trade ship" means any ship employed in trading or going between any port or place in
South Australia and any other port or place in South Australia:
"department" means the Department of Marine and Harbors:
"equipment" includes boats, tackle, pumps, apparel, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, sound signals, lights, and signals of distress, medicines and medical and surgical stores and appliances, and every thing or article belonging to or to be used in connection with, or necessary for the navigation and safety of, the ship, including apparatus for preventing or extinguishing fires, buckets, compasses, charts, axes, lanterns, and loading and discharging gear and apparatus of all kinds:
"fishing vessel" means any vessel not propelled solely by oars and used in the taking of fish or
oysters for sale (including trawlers, pearling luggers and whale chasers):
"floating establishment" means a vessel or structure not used in navigation that—
(a) is designed to float in or on water; and (b)
is used while anchored or moored at sea or in a port for dredging, mining, industrial, scientific or commercial operations or purposes:
"foreign ship" means any ship not being a British ship within the meaning of the Merchant
Shipping Act:
"foreign-going ship" means any ship which not being a coast-trade ship or river ship is employed in trading or going by sea between any port within South Australia and any port beyond the limits thereof:
"go to sea" includes to proceed beyond the limits of any port in South Australia; "sea-going"
and "going to sea" have a corresponding meaning:
"master" includes every person, except a pilot, having command or charge of any ship:
"Merchant Shipping Act" means the Act of the United Kingdom, the Merchant Shipping Act,
1894, and any Act amending the same or in substitution therefor:
"Minister" means the Minister of the Crown to whom for the time being the administration of
this Act is committed by the Governor:
"misconduct" used in reference to masters or mates includes reckless or careless navigation:
"Navigation Act" means the Commonwealth Act, the Navigation Act, 1912-1935, and any Act
amending the same or in substitution therefor:
"passengers" includes all persons carried in a ship except the master and crew and the owner, his family, and servants, and except persons carried by any ship or yacht used solely for pleasure and not engaged in trade unless such persons are carried for hire:
"port" includes harbour, haven, roadstead, channel, and navigable creek, river, or lake:
"river ship" includes any ship plying within any port or on any lake or river within South
Australia:
"seaman" includes every person (except masters and apprentices duly indentured and registered)
employed or engaged in any capacity on board any ship:
* * * * * * * * * *
"ship" includes every description of vessel used in navigation not propelled by oars:
"steamship" means any ship propelled by steam:
"tidal water" means any part of the sea or river within the ebb and flow of the tide at ordinary
spring tides:
"tonnage" means tonnage calculated in accordance with the provisions of the Merchant Shipping
Act:
"vessel" means any kind of ship, boat or vessel used in navigation and includes—
(a) a hovercraft or other air cushion vehicle; or (b)
any other vehicle supported or propelled by pneumatic force, that traverses any navigable waters within or adjacent to the State.
Validation
5a. The Harbors Act and Marine Act Amendment Act, 1947, the Marine Act Amendment Act, 1957, and the Marine Act Amendment Act, 1962, shall (notwithstanding that none of those Acts contained a suspending clause providing that it should not come into operation until Her Majesty’s pleasure thereon had been publicly signified in South Australia) be deemed to have been valid and effectual enactments, and the amendments that those Acts made, or purported to make, to the Marine Act, 1936, the Marine Act, 1936-1947, and the Marine Act, 1936-1957, respectively, shall be deemed to have been validly and effectually made by, and in accordance with, those Acts.
Application of provisions relative to steamships to other ships
6. The provisions of this Act that are applicable to steamships shall apply, subject to such modifications as the Governor may by regulation prescribe, to ships propelled by electricity or any other mechanical means of propulsion.
Exemptions
7. (1) This Act shall not apply to ships belonging to His Majesty’s Navy, or the Navy of the Commonwealth, or of any British possession, or to the Navy of any foreign Government.
(2) None of the provisions of this Act shall, in the absence of express provision, extend or apply to foreign ships.
Continuance of certain regulations
8. All regulations and rules made or continued in force under or by any Act repealed by this Act shall, to the extent to which they are not inconsistent with this Act, continue in force until expressly or impliedly repealed by regulations or rules made or adopted under this Act.
PART II
GENERAL PROVISIONS
Administration of Act
9. This Act shall be administered by the Minister of Marine.
Sealed deed instrument or writing to be evidence
10. (1) All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Minister affixed to any deed, instrument, or writing, and shall presume that the seal was properly affixed thereto.
(2) Any such deed, instrument, or writing when sealed, whether the deed, instrument, or writing is required to be sealed or not, shall be received in evidence without any other or further proof of the making of the deed, instrument, or writing.
(3) Every document purporting to be an official copy of any such deed, instrument, or writing so sealed shall, if signed by the Director of Marine and Harbors, be received in evidence and, until the contrary is shown, be deemed a true copy of the original of which it purports to be a copy.
Penalty for obstructing inspectors in the execution of their duty
11. Any person who—
| (a) | wilfully assaults, resists, obstructs, or impedes any inspector, member, officer, or servant of the department or member of the court of marine inquiry or member of the court of survey in the execution of his duty; or |
| (b) | disobeys his lawful requisitions or orders; or |
| (c) | uses abusive or offensive language to any such inspector, member, officer, or servant or member of such court while so executing his duty; or |
| (d) | aids or incites any person so to assault, resist, obstruct, impede, or disobey such requisition or order or use such language as aforesaid, |
whether on board any ship or elsewhere shall be guilty of an offence against this Act, and liable to a penalty of not more than two hundred dollars, and may be seized and detained by the inspector, member, officer, or servant or member of such court or by any person or persons whom he may call to his assistance until the offender can be conveniently taken before some justice or other officer having proper jurisdiction.
Penalty on persons offering bribes or receiving them
12. Any person who gives or offers any sum of money or other thing whatsoever by way of reward or bribe to any officer or servant of the department for the purpose of inducing him to give an undue preference in the execution of his office, or to do or omit to do any act, matter, or thing whatsoever in breach of his duty, or any such officer or servant who receives any such sum of money or other thing by way of reward or bribe as aforesaid, shall be guilty of an offence against this Act, and liable to a penalty of not more than three hundred dollars.
Powers and duties of Minister
13. Subject to the provisions of this Act, the Minister—
| (a) | shall cause examinations to be held as provided by Part III of persons desirous of receiving certificates of competency as masters, mates, and engineers of ships, and may after examination or otherwise issue certificates of competency to masters, mates, and engineers of ships and may cancel or suspend any such certificates; and |
| (b) | may cancel or suspend certificates of service issued under the provisions of any Act heretofore in force; and |
| (c) | shall in manner hereinafter provided cause the requirements of this Act for the preservation of life and property and the prevention of accidents at sea to be fulfilled; and |
| (d) | may make preliminary inquiries or may direct the same to be made by some person or persons in that behalf appointed into the causes of casualties and also into the conduct of masters, mates, and engineers; and |
| (e) | may direct the court of marine inquiry to hold formal investigations into the causes of casualties and into charges of incompetency or misconduct on the part of masters, mates, and engineers; and |
| (f) | may cause unseaworthy ships to be detained and ships to be inspected; and |
| (g) | may issue and revoke certificates that ships have complied with the law with respect to surveys; and |
| (h) | shall furnish to the Governor lists of persons eligible for appointment as assessors of the court of marine inquiry; and |
may appoint eligible persons as scientific referees.
Regulations
14. (1) Subject to the provisions of this Act, the Governor may make regulations for the following purposes:—
I. For the control, supervision, and guidance of the inspectors, officers, and servants of the department and for prescribing the form of notices, certificates, returns, statements, declarations, licences, and other documents to be given, made, or issued under this Act:
II. For prescribing the equipments of coast-trade ships and river ships:
III. For prescribing what boats, life-buoys, life-jackets, and other means of saving life at sea shall be carried by coast-trade ships and river ships, and for regulating the use thereof:
IV. For the prevention of the overloading of coast-trade ships and river ships either with passengers or with cargo; for securing the safety of the passengers on board such ships, and their proper accommodation, and generally for regulating all matters relating to the protection of life and of the property of passengers and others:
V. For the carriage of animals on coast-trade ships and river ships and the provision of shelter for deck passengers on board any coast-trade or river ship:
VI. For prescribing any matter or thing relating to the operation of a vessel or vessels of a class:
VII. For prescribing the accommodation to be provided for the crew on any class or kind of coast-trade ship or river ship, and providing for the granting of exemptions from any such regulations:
VIII. For the adjustment of compasses and the transmission of deviation tables:
* * * * * * * * * *
VIIIB. For providing for matters affecting the stability of ships:
IX. For the survey of ships by engineer surveyors, ship surveyors and shipwright surveyors, for fixing and appointing the time, places, and manner of making such surveys, for fixing the fees, travelling, or other expenses to be paid in respect of such surveys, and for determining the persons by whom and the conditions under which such payments shall be made:
X. For the conduct of examinations under Part III of persons desiring to obtain certificates of competency as masters, mates, and engineers, and as to the qualifications to be possessed by such persons, and prescribing the fees to be paid by applicants for examination:
XI. For regulating the appointment of persons to conduct such examinations, and for prescribing the qualifications to be possessed by such persons:
XII. For the issue of certificates of competency to masters, mates, and engineers:
XIII. For the issue of certificates of competency to persons holding limited certificates of competency or service from the Board of Trade or any other authority either after examination or otherwise:
XIV. For regulating the issue of certificates to ships:
XV. For fixing the fees and charges to be taken or made in respect of the various matters under the jurisdiction of the Minister and authorized by this Act:
XVI. For directing to what officer of the department any fees, rates, dues, charges, and other moneys payable under the authority of this Act and not herein directed to be paid to any particular officer shall be paid:
XVII. Forprescribingthemodeinwhichandtimesatwhichlistsofpersonseligiblefor appointment as assessors of the court of marine inquiry shall be prepared, and prescribing the qualifications of persons eligible to be appointed as assessors:
XVIII. Forprescribingthequalificationofpersonseligibletobeappointedasscientific referees:
XIX. For the purchase, custody, and sale of Admiralty and other authorized charts:
XX. For imposing penalties for any breach of any regulation not exceeding for any such breach the sum of five hundred dollars (except in cases of continuing offences when a penalty of one hundred dollars for every day after notice of the offence may be affixed) except in those cases where this Act affixes a special penalty in respect of any specific offence:
XXI. And generally for duly administering this Act and carrying out the powers conferred upon the Minister by this Act.
(2) Any regulations under this Act may adopt, wholly or partially and with or without modification—
| (a) | a code relating to matters in respect of which regulations may be made under this Act or otherwise relating to vessels, floating structures or navigation, either as in force at the time the regulations are made, or as in force from time to time; |
| or | |
| (b) | an amendment to such a code. |
(3) Any regulations adopting a code, or an amendment to a code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.
(4) Any regulations under this Act or a code adopted by the regulations may—
| (a) | refer to or incorporate, wholly or partially and with or without modification, a code, either as in force at the time the regulations are made, or as in force from time to time; |
| (b) | be of general or limited application; |
| (c) | make different provision according to the persons, things or circumstances to which they are expressed to apply; |
| and | |
| (d) | provide that any matter or thing under the regulations or code is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Director of Marine and Harbors or any specified officer or person performing functions pursuant to this Act. |
(5) Where—
| (a) | a code is adopted by the regulations; |
| or | |
| (b) | the regulations, or a code adopted by the regulations, refers to a code, |
then—
| (c) | a copy of the code, as adopted or referred to, must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; |
| (d) | in any legal proceedings, evidence of the contents of the code, as adopted or referred to, may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code; |
| and | |
| (e) | the code, as adopted or referred to, has effect as if it were a regulation made under this Act. |
(6) In this section—
"code" means any code, rules, standard or other document prepared or published by a standards organization or other body specified in the regulations in which the code, rules, standard or other document is referred to or adopted.
Power to adopt regulations
15. (1) Where under any provision of this Act the Governor is empowered to make rules or regulations with respect to any matter, the Governor may by proclamation declare that any rules, regulations, orders, instructions, proclamations, or subordinate legislation applicable to the said matter made under or pursuant to or adopted or enacted by the Merchant Shipping Act or the Navigation Act shall apply within South Australia and South Australian waters.
(2) Any such proclamation may be revoked by proclamation made by the Governor.
(3) During the time any such proclamation applying any such rules, regulations, orders, instructions, proclamations, or subordinate legislation remains in force, the rules, regulations, orders, instructions, proclamations or subordinate legislation shall, mutatis mutandis, apply to South Australia and South Australian waters as if the same had been made as rules or regulations, as the case may be, by the Governor under this Act.
PART III
CERTIFICATES OF MASTERS, MATES AND ENGINEERS
Limit of application of this Part
16. This Part shall not apply to ships used as pleasure yachts and not engaged in trading or plying for hire.
Examinations to be instituted for masters, mates and engineers
17. (1) Examinations shall be instituted for persons who wish to obtain certificates hereinafter termed certificates of competency to the effect that they are competent to become—
| (a) | masters or mates of coast-trade ships; or |
| (b) | masters or mates of river ships; or |
| (c) | first-class engineers of coast-trade ships or river ships; or |
| (d) | second-class engineers of coast-trade ships or river ships; or |
| (e) | third-class engineers of coast-trade ships or river ships, |
and such examinations shall be held at such places as the Minister directs.
(2) The Minister may appoint times for such examinations, and may subject to the regulations appoint examiners to conduct the same.
(3) The examiners shall be paid such fees as are fixed by the Minister from time to time.
* * * * * * * * * *
Certificates of competency to be granted to those who pass
18. The examiners shall report upon the result of every such examination to the Minister, who shall thereupon issue to every applicant who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence as to his sobriety, experience, ability, and general good conduct a certificate of competency to the effect that he is competent to act as master or as mate of a coast-trade ship or as master or as mate of a river ship or as first-class engineer, second-class engineer, or third-class engineer of a coast-trade ship or a river ship: Provided that in every case in which the Minister has reason to believe the report to have been unduly made, the Minister may remit the case either to the same or any other examiner and may require a re-examination of the applicant or a further inquiry as to his testimonials or character before granting him a certificate.
* * * * * * * * * *
* * * * * * * * * *
Certificates for foreign-going and coast-trade ships available for coast-trade and river ships respectively
21. Every certificate of competency or of service for foreign-going ships shall be deemed to be of a higher grade than the corresponding certificate for coast-trade ships, and every certificate of competency or of service for coast-trade ships shall be deemed to be of a higher grade than the corresponding certificate for river ships; but no certificate for a coast-trade ship or river ship shall entitle the holder to go to sea as master or mate of foreign-going ships, and no certificate for a river ship shall entitle the holder to go to sea as master or mate of a coast-trade ship.
Penalties on fraudulent use of certificates etc.
(1) (a) Every person not possessed of a valid certificate appropriate to his grade who suffers himself to be engaged or acts as master, mate, or engineer in contravention of this Act; and
| (b) | every person who employs or suffers any person to serve as master, mate, or engineer in contravention of this Act without using all reasonable means (proof whereof shall lie on him) to ascertain that the person so serving is duly certificated; and |
| (c) | every person who fraudulently engages or employs or suffers to be engaged or employed any duly certificated master, mate, or engineer to serve on board any ship for the purpose only of enabling any ship to go to sea and not for the purpose of the whole voyage, and every master, mate, or engineer who fraudulently engages himself for such purpose, |
shall be guilty of an offence against this Act, and liable to a penalty of not more than five hundred
dollars.
(2) If any certificated master, mate, or engineer is engaged to serve on board any ship and quits the ship before or upon the commencement of her voyage, he shall be deemed, unless the contrary is shown, to have been fraudulently engaged and employed as aforesaid.
Cancelled and suspended certificates
23. Where any certificate has been or has been directed to be cancelled or suspended by a competent authority in the United Kingdom or in any British possession or elsewhere, the same shall not be a valid certificate for the purposes of this Act. If any certificate has been temporarily suspended only, the same shall at the end of the period for which it was so suspended become as valid as it was before such suspension.
Form of certificates, cancellation, etc. to be recorded
24. (1) All certificates of competency granted by the Minister shall be made in duplicate and in proper form, and one part shall be delivered to the person entitled to receive the certificate and the other shall be kept and recorded by the Director of Marine and Harbors or by such other officer as the department appoints for the purpose.
(2) The Director of Marine and Harbors or other officer as aforesaid shall make an entry in the record of such certificates of all orders made for cancelling, suspending, altering, or otherwise affecting any certificate in pursuance of the powers contained in this Act.
(3) A copy purporting to be certified by the Director of Marine and Harbors or other officer as aforesaid of any certificate shall be prima facie evidence of the certificate, and a copy purporting to be so certified as aforesaid of any entry made as aforesaid in respect of any certificate shall be prima facie evidence of the truth of the matters stated in the entry.
In case of loss a copy to be granted
25. Whenever any master, mate, or engineer proves to the satisfaction of the Minister that he has without fault on his part lost or been deprived of any certificate already granted to him by the Minister, the Minister shall upon payment of such fee (if any) as the Minister directs cause a copy of the certificate to which by the record so kept as aforesaid he appears to be entitled to be made out and certified as aforesaid and to be delivered to him. Any copy which purports to be so made and certified as aforesaid shall have all the effect of the original.
Cancellation or suspension of certificates of competency by Minister
26. (1) Where—
| (a) | the holder of a certificate of competency has been convicted of an offence in a Commonwealth country; or |
| (b) | the Minister, having regard to the findings of a court of the Commonwealth or a State, or of a court of marine inquiry or other tribunal established under the law of the Commonwealth or a State, is satisfied that the holder of a certificate of competency is incompetent, has been guilty of misconduct, or has failed in his duty in regard to any collision or in any matter relating to the navigation, management or working of a ship, |
the Minister may, in the case of a certificate other than a certificate granted by the Board of Trade or other competent authority recognized as such by the Governor, cancel or suspend the certificate or, in the case of a certificate granted by the Board of Trade or other competent authority recognized as such by the Governor, suspend the certificate in so far as concerns its validity in Australia.
(2) Where the Minister cancels or suspends a certificate under this section, he may, by notice in writing served upon the holder of the certificate, require that person to deliver the certificate to him or to a person named in the notice, within such period as is specified in the notice.
(3) A person upon whom a notice is served under the last preceding subsection shall, unless it is impracticable for him so to do, comply with the notice.
Penalty: Two hundred dollars.
(4) The suspension of a certificate under this section may be revoked by the Minister at any
time.
(5) Where a certificate has been cancelled under this section the Minister may, at any time, if he thinks the justice of the case so requires—
| (a) | re-issue the certificate; or |
| (b) | grant a certificate of a lower grade in place of the cancelled certificate. |
(6) If, under this section, the Minister suspends, or revokes the suspension of, a certificate granted under the law of a Commonwealth country other than Australia, the Minister shall cause the Government of that country to be informed of the suspension and the reasons for suspension or the revocation of the suspension as the case requires.
(7) In this section—
"certificate of competency" means a certificate of competency issued by the Minister under this Act or any Act repealed by this Act or an equivalent certificate or certificate of a higher grade granted by the Board of Trade or granted by any competent authority recognized as such by the Governor:
"Commonwealth country" means—
(a)
Australia, the United Kingdom, Canada, New Zealand, India, Pakistan, Ceylon, Ghana and Malaya; and
(b) any other country declared by the regulations to be a Commonwealth country,
and includes—
(c)
a colony, overseas territory or protectorate of a country specified in paragraph (a) of this definition or of a country declared to be a Commonwealth country under paragraph (b) of this definition; and
(d)
a territory for the international relations of which a country so specified or declared is responsible.
PART IIIA
CREWING COMMITTEE
Constitution of Committee
26a. (1) The State Crewing Committee is established.
(2) The Committee shall consist of—
| (a) | two qualified master mariners and one qualified marine engineer who shall be appointed by the Governor on the recommendation of the Minister and one of whom the Governor shall appoint to be the presiding member; |
| (ab) | one person appointed by the Governor on the nomination of the Seamen’s Union of Australia; |
| (ac) | one person appointed by the Governor on the joint nomination of the Merchant Service Guild of Australia and the Australian Institute of Marine and Power Engineers; |
| and | |
| (b) | any other persons not exceeding two in number who have been duly nominated in accordance with this Act by the owner, or the agent of the owner, of a ship in respect of which the Committee is to make or review a determination under this Act. |
(2a) A person must not be appointed under subsection (2)(ab) or (ac) unless he or she has, in the opinion of the Governor, relevant qualifications or expertise.
(3) Subject to subsection (6) of this section, the members of the Committee shall hold office for such period and upon such terms and conditions as the Governor may determine.
(4) The members of the Committee shall be entitled to such remuneration, allowances and expenses as may be determined by the Governor.
(5) The Governor, on the recommendation of the Minister, shall make such appointments as are necessary to maintain within the Committee the nucleus of three members established by appointment under paragraph (a) of subsection (2) of this section and shall on the recommendation of the Minister appoint a suitable person to be a deputy of a member if the member is unable to perform his duties as a member or if it is otherwise expedient so to do and a person so appointed to be a deputy of the presiding member shall be deemed to be the presiding member whilst so appointed.
(6) Any person who becomes a member of the Committee by virtue of nomination by the owner, or the agent of the owner, of a ship in respect of which a determination is to be made or reviewed by the Committee shall hold office only whilst business in respect of that ship is being transacted, considered or otherwise dealt with by the Committee.
(7) The Public Service Act, 1967, shall not apply to or in relation to the appointment of a member of the Committee and a member shall not, as such, be subject to the provisions of that Act.
Nomination of members by owner or agent
26b. (1) The Director of Marine and Harbors shall, at least fourteen days before the Committee sits to make or review a determination in respect of a ship or at such time as may be agreed upon by the Director and the owner, or the agent of the owner, of the ship, by notice in writing served personally or by post upon the owner, or the agent of the owner, of the ship, inform him of the place at which the sitting will be held and the day and time of its commencement and request him to nominate a person or persons to be a member or members of the Committee.
(2) The owner, or the agent of the owner, of the ship may, in a manner approved by the Minister nominate a person or persons (not exceeding two in number) to be a member or members of the Committee.
(3) A person shall not be nominated under subsection (2) of this section unless he is a master mariner or marine engineer, or is, in the opinion of the Minister, otherwise qualified to participate in the deliberations and functions of the Committee.
(4) A nomination under subsection (2) of this section shall be made not less than seven days before the day on which the sitting is to commence or at such time as may be agreed upon by the Director and the owner or the agent of the owner, of the ship.
(5) If the owner, or the agent of the owner, of the ship fails to exercise, in accordance with this section, his right to nominate a person or persons to be a member or members of the Committee, he shall forfeit that right.
Quorum, etc.
26c. (1) Subject to subsection (1a), three members constitute a quorum of the Committee.
(1a) A quorum of the Committee must, unless the Minister otherwise directs, include—
| (a) | the presiding member or deputy presiding member; |
| and | |
| (b) | the members (if any) duly nominated by the owner, or agent of the owner, of the ship in respect of which the Committee is to make or review a determination. |
(2) A decision concurred in by a majority of the members of the Committee, or if the members are equally divided, concurred in by the presiding member and one other member shall be the decision of the Committee.
(3) A decision, act or proceeding of the Committee shall not be invalid by reason only of a vacancy in its membership and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such decision, act or proceeding shall be as valid and effectual as if the member had been duly nominated or appointed.
Determination by Committee
26d. (1) The owner, or the agent of the owner, of every coast-trade ship or river ship in respect of which a determination has not been made under this section shall, by instrument in writing addressed to the Director of Marine and Harbors, request that such a determination be made in respect of that ship, and the Director, upon receipt of the request, shall refer it to the Committee.
(2) The owner, the agent of the owner, or the master, of a coast-trade ship or river ship or any other person who, in the opinion of the Director of Marine and Harbors, has a proper interest in the navigation of the ship, may, by instrument in writing, request that a determination made under this section in respect of the ship be reviewed, and the Director, if satisfied that the request is not frivolous or vexatious, shall refer it to the Committee.
(3) The Director of Marine and Harbors may, at any time, by instrument in writing, request the Committee to make a determination in respect of any coast-trade ship or river ship or to review any such determination previously made.
(4) The Committee shall, as soon as practicable after a request in respect of a coast-trade ship or river ship has been referred or made to it under this section, determine with what minimum complement of officers, engineers and seamen the ship should be manned, and what should be their respective minimum qualifications and experience to ensure the safe navigation of the ship and the safe use of the equipment and machinery of the ship in matters incidental to the navigation thereof or, where such a determination has previously been made under this section, shall review the determination and vary it as it thinks fit.
(5) For the purposes of a determination or the review of a determination under subsection (4) of this section, the Committee shall take into account the nature and condition of the ship and of its equipment and machinery and the conditions under which it is being or is to be navigated and any other relevant factors.
(6) The Minister shall cause a copy of a determination of the Committee, or where a determination has been varied under this section, a copy of the determination as varied, to be published in the Gazette.
(7) Sections 19 and 20 of the Marine Act, 1936-1966, and any regulations made under paragraph VI or paragraph VIIIA of section 14 of the Marine Act, 1936-1966, shall, notwithstanding the repeal of those provisions by the Marine Act Amendment Act, 1968, continue to apply to and in relation to any coast-trade ship or river ship that was, at the commencement of the Marine Act Amendment Act, 1968, trading or plying within South Australian waters, until a determination is made and published under this section in respect of that ship.
(8) A person who—
| (a) | being the owner, or the agent of the owner, of a coast-trade ship or river ship, fails to comply with subsection (1) of this section; |
| or | |
| (b) | causes a coast-trade ship or river ship in respect of which a determination has been made and published under this section to go to sea or to be navigated within South Australian waters with a lesser complement of officers, engineers and seamen than that prescribed in the determination, or a complement of officers, engineers and seamen having inferior qualifications or less experience than as prescribed in the determination; |
| or | |
| (c) | causes any coast-trade ship or river ship that was not, at the commencement of the Marine Act Amendment Act, 1968, trading or plying within South Australian waters, to go to sea or to be navigated within South Australian waters before a determination has been made and published under this section, |
shall be guilty of an offence and liable to a fine not exceeding five hundred dollars.
(9) This section shall not apply to or in relation to—
| (a) | any lighter, barge or hulk possessing no independent motive power or means of propelling itself unless the lighter, barge or hulk is of fifteen tons gross tonnage or more and the owner, the agent of the owner or master thereof intends that the lighter, barge or hulk should go to sea; |
| and | |
| (b) | any prescribed vessel or vessel of a prescribed class of vessels. |
Power to obtain information
26e. (1) For the purposes of this Act the Committee may—
| (a) | by summons under the hand of the presiding member or a member require any person to attend before the Committee; |
| (b) | require any person to give oral or written answers to any questions relating to any matter before the Committee; |
| (c) | by summons under the hand of the presiding member or a member require any person to produce any books, maps, plans, papers and documents relating to any matter before the Committee; |
| (d) | examine witnesses on oath or affirmation, which may be administered by the presiding member or a member; |
| (e) | require any information given to the Committee to be verified by a statutory declaration; |
| and | |
| (f) | enter and inspect any vessel in respect of which a determination is to be made or reviewed under this Act and, for the purposes of such entry and inspection, enter any place or premises adjacent thereto. |
(2) If any person—
| (a) | who has been duly served with a summons to attend before the Committee, neglects or fails to attend in obedience to such summons; |
| or | |
| (b) | wilfully insults the Committee or any member thereof; |
| or | |
| (c) | misbehaves himself before the Committee; |
| or | |
| (d) | obstructs the Committee or interrupts the proceedings of the Committee; |
| or | |
| (e) | being called or examined as a witness before the Committee, refuses to be sworn or to affirm or to produce documents specified in a summons served upon him, or any of them; |
| or | |
| (f) | being so called or examined refuses to answer any lawful questions or prevaricates in his evidence, |
he shall be guilty of an offence and liable to a fine not exceeding two hundred dollars.
PART IV
SAFETY AND PREVENTION OF ACCIDENTS: COURTS OF SURVEY
DIVISION I—APPLICATION
Application of this Part of Act
27. The provisions contained in this Part shall (except where it is otherwise specially provided) apply to all British coast-trade ships and river ships being in South Australian waters or in any port or place in South Australia and to no others: Provided that the Governor may from time to time by proclamation declare that any particular provision or provisions of this Part shall not apply to ships or to steamships trading solely on any particular river or rivers within South Australia and may at any time revoke any such proclamation.
DIVISION II—UNSEAWORTHY SHIPS
Court of survey
28. For the purpose of carrying out the provisions of this Act the court of marine inquiry hereinafter constituted shall when so directed by the Minister sit as the court of survey for the purposes of this Act and shall have all the powers conferred upon and perform all the duties imposed upon the said court of survey by this Act.
Power to appoint inspectors to report
29. The Minister may from time to time whenever it seems expedient to him so to do appoint some officer of the department or any person as an inspector to report to it upon the following matters (that is to say):—
I. Upon the nature and causes of any accident or damage which any ship has sustained or caused or is alleged to have sustained or caused:
II. Whether the provisions of this Act or any regulations made or in force under or by virtue of this Act have been complied with:
III. Whether the hull, machinery, or any part of any ship, or any of the equipments or articles on board thereof to which the provisions of this Act apply are sufficient and in good condition:
IV. Upon such other matters as the Minister may deem necessary to insure the carrying out of the provisions of this Act.
Powers of inspectors
30. (1) Every such inspector as aforesaid—
| (a) | may go on board any ship and inspect the same or any part thereof or any of the equipments or articles on board thereof to which the provisions of this Act apply, not unnecessarily detaining or delaying her from proceeding on any voyage; and |
| (b) | may enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of the report which he is directed to make; and |
| (c) | may by summons under his hand require the attendance of all such persons as he thinks fit to call before him and examine for such purpose, and may require answers or returns to any inquiries he thinks fit to make; and |
| (d) | may require and enforce the production of all books, papers, or documents which he considers important for the purpose of his report; and |
| (e) | may administer oaths or may in lieu of requiring or administering an oath require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination. |
Sending unseaworthy ship to sea a misdemeanour
31. (1) Any person who sends or attempts to send or is party to sending or attempting to send a ship to sea from any port in South Australia, in such an unseaworthy state that the life of any person is likely to be thereby endangered, shall be guilty of a misdemeanour, and liable to imprisonment for not more than two years, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was in the circumstances reasonably justifiable.
(2) Any master of a ship who knowingly takes the same to sea from any port in South Australia in such an unseaworthy state that the life of any person is likely to be thereby endangered, shall be guilty of a misdemeanour, and liable to imprisonment for not more than two years, unless he proves that her going to sea in such an unseaworthy state was in the circumstances reasonable and justifiable.
(3) A prosecution under this section shall not be instituted except by or with the consent of the
Minister.
(4) This section shall not apply to any ship employed exclusively in trading or going from place to place in any river or inland water.
Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
32. (1) In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship, that the owner of the ship, and the master, and every agent charged with the loading of the ship, or the preparing of the ship for sea, or the sending of the ship to sea, shall use all reasonable means to insure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage during the same.
(2) Nothing in this section—
| (a) | shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the so sending of the ship to sea is reasonable and justifiable; or |
| (b) | shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water. |
Ships in an unseaworthy condition
33. Any master who arrives at any port or place within South Australia from any other port or place in South Australia in charge of any ship in such an unseaworthy condition that the life of any person might, had the ship been at sea in that condition, have been endangered thereby, shall, unless he proves—
| (a) | that he used all reasonable means to insure her being sent to sea in a seaworthy state; or |
| (b) | that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable; or |
| (c) | that she became unseaworthy whilst at sea after leaving the last port of call, in consequence of circumstances over which he had no control, |
be guilty of an offence against this Act, and liable to a penalty not exceeding one thousand dollars.
Penalty for departing from or arriving at any port without hatches battened down
34. Any person who—
| (a) | sends or takes, or attempts to send or take any ship from any port or place in South Australia; or |
| (b) | departs from or arrives at any port or place in South Australia in charge of any ship, |
without the hatches of the ship being properly battened down and secured, or in such a position and condition that they can be so battened down and secured without delay, shall be guilty of an offence against this Act, and liable to a penalty of not more than three hundred dollars.
Power to detain unsafe ships and procedure for such detention
35. (1) Whenever a ship being at any place within South Australia is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipments, or machinery, or by reason of undermanning, or by reason of overloading or improper loading, unfit to go to sea without serious danger to human life, having regard to the nature of the service for which she is intended, the ship may be provisionally detained for the purpose of being surveyed or for ascertaining the sufficiency of her crew and either finally detained or released as follows:—
I. The Minister if he has reason to believe on complaint or otherwise that a ship is unsafe may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed:
II. When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Minister may if he thinks fit appoint some competent officer or officers of the department or any competent person or persons to survey the ship and report thereon to the board:
III. The Minister on receiving the report may either order the ship to be released or if in his opinion the ship is unsafe may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alteration or the unloading or reloading of cargo, or the manning of the ship, as the Minister thinks necessary for the protection of human life, and the Minister may from time to time vary or add to any such order:
IV. Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master of the ship may appeal to the court of survey:
V. Where a ship has been provisionally detained, the owner or master of the ship at any time before the person appointed under this section to survey the ship makes such survey may require that he shall be accompanied by such qualified person as the owner or master may select, and, in that case if the surveyor and the said person agree, the Minister shall cause the ship to be detained or released accordingly, but if they differ, the Minister may act as if the requisition had not been made, and the owner and master shall have the like appeal touching the report of the surveyor as is before provided by this section:
Steering and Sailing Regulations
20. In obeying and construing these Regulations any action taken should be positive, in ample time, and with due regard to the observance of good seamanship.
21. When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:—
(a) When each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other. (b) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward.
For the purposes of this Regulation the windward side shall be deemed to be the side opposite to that on which the mainsail is carried.
22. When two power-driven vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This Regulation only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep to their respective course, pass clear of each other. The only cases to which it does apply are when each of two vessels is end on, or nearly end on, to the other; in other words, to cases in which by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own or sees the other vessel end on directly over the stem when standing in a mid-ship position; and by night to cases in which each vessel is in such a position as to see both the side-lights of the other. It does not apply, by day, to cases in which a vessel sees another ahead crossing her own course, or by night, to cases where the red light of one vessel is opposed to the red light of the other or where the green light of one vessel is opposed to the green light of the other or where a red light without a green light or a green light without a red is seen ahead, or where both green and red lights are seen anywhere but ahead.
23. When two power-driven vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other
24. When a power-driven vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, except as provided in Regulation 28, the power-driven vessel shall keep out of the way of the sailing vessel. This Regulation shall not give to a sailing vessel the right to hamper, in a narrow channel, the safe passage of a power-driven vessel which can navigate only inside such channel.
25. A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with these Regulations.
26. Where by any of these Regulations one of two vessels is to keep out the way, the other shall keep her course and speed. When, from any cause, the latter vessel finds herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will be the best aid to avert collision.
27. Every vessel which is required by these Regulations to keep out of the way of another vessel shall, so far as possible, take positive early action to comply with this obligation, and shall, if the circumstances of the case admit, avoid crossing ahead of the other.
28. Every power-driven vessel which is directed by these Regulations to keep out of the way of another vessel, shall, on approaching her, if necessary, slacken her speed or stop or reverse.
29. Notwithstanding anything contained in these Regulations, every vessel overtaking any other shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than 22½ degrees (2 points) abaft her beam, i.e. in such a position with reference to the vessel which she is overtaking, that at night she would be unable to see either of that vessel’s sidelights, shall be deemed to be an overtaking vessel, and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these Regulations, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. If the overtaking vessel cannot determine with certainty whether she is forward of or abaft this direction from the other vessel, she shall assume that she is an overtaking vessel and keep out of the way.
30. Every power-driven vessel when proceeding along the course of a channel or river shall when it is safe and practicable, keep to that side of the mid-channel or fairway which lies on the starboard side of such vessel.
31. Whenever a power-driven vessel is nearing a bend in the river where a vessel approaching from the other direction cannot be seen, such power-driven vessel, when she shall have arrived within one-half (½) mile of the bend, shall give a signal of one prolonged blast on her whistle which signal shall be answered by a similar blast given by any approaching power-driven vessel that may be within hearing around the bend. Regardless of whether any approaching vessels on the farther side of the bend are heard, such bend shall be rounded with alertness, caution and at a safe speed.
32. In a narrow channel, a vessel which can safely navigate outside such channel shall not hamper the safe passage of a vessel which can navigate only inside such channel.
33. All vessels shall keep out of the way of a ferry or punt which is in the process of crossing the river. This shall not give a ferry or punt the right to pull away from its berth, if by doing so, a danger of collision exists.
34. A power-driven vessel shall when approaching a ferry crossing give a prolonged blast when such vessel is more than ½ mile and not more than 1 mile away and then proceed with caution.
35. In obeying and construing these Regulations, due regard shall be had to all dangers of navigation and collision, and to any special circumstances, including the limitations of the craft involved, which may render a departure from these Regulations necessary in order to avoid immediate danger.
Sound Signals for Vessels in Sight of One Another
36. When vessels are in sight of one another, a power-driven vessel under way, in taking any course authorized or required by these Regulations shall indicate that course by the following signals on her whistle, namely:—
(a) One short blast to mean "I am altering my course to starboard". (b) Two short blasts to mean "I am altering my course to port". (c) Three short blasts to mean "My engines are going astern".
37. Whenever a power-driven vessel which, under these Regulations is to keep her course and speed, is in sight of another vessel and is in doubt whether sufficient action is being taken by the other vessel to avert collision, she may indicate such doubt by giving at least five short and rapid blasts on the whistle.
38. Nothing in these Regulations shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
39. Nothing in these Regulations shall interfere with the operation of any special rules, duly made by any competent authority, as to navigation in any lock, or in the immediate vicinity of any lock or bridge, on the River Murray or any of its tributaries.
Distress Signals
40. When a vessel or seaplane on the water is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used or displayed by her, either together or separately namely:—
(a) A gun or other explosive signal fired at intervals of about a minute. (b) A continuous sounding with any fog-signalling apparatus. (c) Rockets or shells, throwing red stars fired one at a time at short intervals. (d)
A signal made by lamp or by any other signalling method consisting of the group S.0.S. i.e. ... - - - ... in Morse Code.
(e) A signal sent by radiotelephony consisting of the word "MAYDAY" spoken three times. (f) Flames on the vessel (as from a burning tar barrel, oil barrel), etc. (g) A smoke signal giving off a volume of orange-coloured smoke. (h) Slowly and repeatedly raising and lowering arms outstretched to each side.
Fishing Nets and Set Lines
41. (1) Whenever nets, drum nets, yabbie pots or set lines are used in waters to which these regulations apply they shall be marked as follows:—
(a)
Every net and set line shall be marked at one extremity by two black buoys and at the other extremity by a buoy super-imposed by a staff not less than 46 centimetres in length carrying a triangular flag and the colour of such buoy and flag shall be yellow when the net or set line is placed at or close to the surface and green when the net or set line is placed at a clear depth beneath the surface as provided in sub-regulation (2) of this regulation.
(b)
When the net or set line referred to in this sub-regulation exceeds 91 metres in length, intermediate red buoys shall be placed at intervals of 46 metres along the top of the net or set line, except that when such net or set line is placed at a clear depth below the surface as provided in sub-regulation (2) of this regulation the intermediate buoys shall not be so placed.
(c)
Except as provided in sub-regulation (2) of this regulation drum nets and the lines of yabbie pots shall be marked by a single white buoy and in the case of a drum net such buoy shall be attached to that wing of the drum net which lies furthest from the river bank.
(2) Nets, drum nets, set lines or yabbie pots shall not be placed in channels that are marked by navigational aids or in positions where they may interfere with normal navigation except that:—
(a) Yabbie pots may be placed in such channels or positions subject to the following conditions:—
(i) They shall be placed at a clear depth beneath the surface of not less than 3 metres upstream of Lake Alexandrina and otherwise at a clear depth beneath the surface of not less than 1.7 metres in Lakes Alexandrina and Albert and all streams and waterways contiguous thereto. (ii) That when placed in groups they shall be attached to each other and one of the pots shall be attached by a line (kept at all times at a clear depth beneath the surface greater than that of the pots) to an anchor placed outside the marked channel or where it does not interfere with normal navigation, such anchor being marked by a white buoy carrying the owner’s distinguishing marks. (iii) In the case of a single pot, the requirement of a line and buoyed anchor will be the same as for pots under subparagraph (ii) of this sub-regulation. (b) Nets and set lines may be placed in such channels or positions in Lakes Alexandrina and Albert and all streams and waterways contiguous thereto provided they are placed at a clear depth beneath the surface of not less than 1.7 metres.
(3) Buoys referred to in this regulation shall be made of plastic, rubber, wood or other material approved by the Director of Marine and Harbors; they shall be of globular or similar shape and not less than 4 000 cubic centimetres each in volume.
APPENDIX
Legislative History
Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this
Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 1.
| Section 4: | amended by 17, 1991, Sched. |
| Section 5: | definition of "floating establishment" inserted by 19, 1989, s. 3 |
| Section 14: | redesignated as s. 14(1) by 19, 1989, s. 4 |
| Section 14(2) - (6): | inserted by 19, 1989, s. 4 |
| Heading preceding section 26a: | substituted by 17, 1991, Sched. |
| Section 26a(1): | substituted by 17, 1991, Sched. |
| Section 26a(2): | amended by 17, 1991, s. 3(a), Sched. |
| Section 26a(2a): | inserted by 17, 1991, s. 3(b) |
| Section 26a(5): | amended by 17, 1991, Sched. |
| Section 26c(1): | substituted by 17, 1991, s. 4 |
| Section 26c(1a): | inserted by 17, 1991, s. 4 |
| Section 26c(2): | amended by 17, 1991, Sched. |
| Section 26e(1): | amended by 17, 1991, Sched. |
| Section 63(2): | amended by 55, 1976, s. 3 |
| Section 67f: | repealed by 55, 1976, s. 4 |
| Section 67g(1): | amended by 55, 1976, s. 5 |
| Section 67h: | amended by 55, 1976, s. 6 |
| Division XC of Part IV comprising ss. 67i and 67j and heading inserted |
by 19, 1989, s. 5
| Section 110(3): | substituted by 55, 1976, s. 7 |
| Section 110(3a) and (3b): | inserted by 55, 1976, s. 7 |
| Part VA comprising ss. 125a - 125n and headings inserted by 34, 1987, s. 4; repealed by 59, 1991, s. 25 (This Part was repealed before it was brought into operation) | |
| Section 145: | inserted by 55, 1976, s. 8 |
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