Marine Board Act 1867 (SA)

ANNO TRICESIMO PRIM0

VICTORIB REGINB.

A. D. 1861.

No. 5.

An Act to amend the Marine Board Act of 1860,

[Assented to, 19 th December, 1867.1

HEREAS it is expedient to amend the Marine Board Act Preamble.

W of 1860, in manner -hereinafter provided-Be it therefore	xn:nacted by the Governor-in-Chief of the Province of South Aus-
tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:
1. This Act may be cited for all purposes as '' The Marine Board Amendment Act, 1867." Short title.

M

2. Sections 12, 28, 39, 125, 126, and 127 of the (' Marine Board Repeal.

Act of 1860," are hereby repealed, except so far as may be necessary for supporting the validity of any acts or proceedings heretofore done or taken under the authority of the same.

3. This Act and the said " Marine Board Act of 1860" shall be Incorporation.

read and construed together as forming one Act,

It shall not be lawful to preaent to the Governor, for confirma- tion or approval, or for the Governor to confirm or approve any	By-laws and regula- tions not to be con-
ffrmed until after the
by-law or regulation made by the Marine Board, constituted under	same ham been lail before Parliament.

4.

the ~ r o v i ~ d n a of the said Marine Board Act of 1860, until such L - - - - - -

by-law or regulation shall have been laid before both Houses of

Parliament for the space of fourteen days at least.

5. No

40 31" VICTORIE, No. 5.

The Marine Board Amendment Act.-1 867.

Member of Board not

to hold office under 5. NO member of the Marine Board shall be capable of holding,

Board.	or shall hold, any office under the said Board.
Powers of Marine

Board to be exercised 6. The powers, authorities, and jurisdiction of the Marine Board

within one league to shall extend and be exercised in and over the limits of the said -

seaward. .	Province, and one nautical league to seaward, from high water
mark, along the coast line of the said Province.
Ships ehall anchor
and moor in place	7. All ships shall, on arrival at any port in the said Province, assistant, and all removals shall take place under his direction; and ships requiring to discharge or load at any private wharf must be berthed or removed at the request of the Wharfinger, but under the direction and approval of the Harbor Master or ofticer appointed far that purpose, and thc time of removal from such wharf shall be subject to the by-laws then in force,
appointed by Harbor	anchor or moor in the place appointed by the Harbor Master or his

Master. ,

laws for regulating 8, The Marine Board, with the consent of the Governor, with the	Board may m d e b ~
lapdays for dipping. advice of the Executive Council, may make, alter, and repeal such

by-laws and regulations as to them shall seem meet for regulating the lay-days to be allowed for shipping at wharfs and legal landing

places within the aaid Province. %

Examinations to be 9.

Examinations shall be instituted for persons intending to become masters or mates of foreign going ships, or of home trade passenger ships who may not possess certificates from the Board of Trade or other authorized body, and also for persons who wish to procure certificates of cornpctency as hereinafter mentioned, and subject as herein mentioned, the Marine Board shall provide for such exami- nations at Port Adelaide, and may appoint and may from time to time remove and reappoint examiners to conduct the same, and may regulate the same, and any members of the Marine Board may be present and assist at. any such examination.

instituted for mastern

and mates.

Powere of Marine

Board over exami-	10. The Marinc Board, with the consent of the Treasurer, may, from time to time, prescribe rules for the conduct of such exami- nations and as to thk qualifications of the applicants, and such rules shall be strictly adhcred to by all examiners, and no examiner shall be appointed unless he possesses a certificate of qualification to be from time to time granted or renewed by the Marine Board, and the sanction of the Treasurer shall be necessary, so far as regards the number of examiners to be appointed and the amount of their
nations.
remuneration. *-

Fees to be paid by	11.	All applicants for examination shall pay such fees as the Marine
applicants for exami-

nation. Board shall direct, not exceeding Three ~odnds, and such fees shall

be paid to 'such person as the said Board shall appoint.

Certificate of compe-	12, Subject to the proviso hereinafter contained, the Marine Board shall deliver to every applicant who is duly reported by the exami- ners to have passed the examination satisfactorily, and to have given
thorn who paw.

tency to be granted to

-.- - satisfactory

31" VICTORTB, No. 5.

The i k r i n e Board Amendment Act.-'1867.

satisfactory evidence of his sobriety, experience, ability, and general good conduct on board ship, s certificate (hereinafter called a " Cer- tificate of Competency") to the effect that he is competent to act as nraster, or as first, second, or only mate of a foreign going ship, or

as master or mate of a home trade passenger ship, as the case may

be: Provided that in every case in which the said Board has reason to believe such report to have been unduly made, such Board may remit the case either to the same or any other examiners, and may require a re-examination of the applicant, or a further inquiry into his testimonials or character before granting him a certificate.

13. Certificates of service, differing in form from certificates of Certificate of service to be delivered to

competency shall be granted as follows, that is to say- persons who served as master or mates

r. Every person who before the first day of January, one tificates of before 1868, and cer-

thousand eight hundred and sixty-eight, served as master forgysenger hips wit In the limita of

in the British Merchant Service, or who has attained or theProvince, tobe attains thc rank of lieutenant, master, passed mate, or $$1;'+,"~~;~; second master, or any higher rank in the Service of Her master or mate in

Majesty, shall be entitled to a certificate of service, as ~ A, 8 ~ ~ p ~ master for forcign going ships.

11. Every person who before the first day of January, one thousand eight hundred and sixty-eight, served as mate in the British Merchant Service, shall be entitled to a certi- ficate of service as mate for foreign going ships.

111. Every person who before the first day of January, one thousand eight hundred and sixty-eight, has served as master within the limits of the said Province of a passenger ship, shall be entitled to a certificate of service as master of any vessel so ernploycd.

IV, Every person who has before the first day of January, one

thousand eight hundred and sixty-eight,, served as mate

within the limits of the said Province, of a ship, shall be	entitled to a certificate of service as mate of vessels so
employed.

And each of such certificates of service shall contain particulars of the name, place and.tirne of birth, and of the length and nature of previous service, of the person to whom the same is delivefed; and the Marine Board shall deliver such certificate of service to the various persons so respectively entitled thereto, upon their proving themselves to have attained such rank, or to have served as afore- said, and upon their giving R. full and satisfactory account of the particulars aforesaid.

14. No foreign going ship or passenger ship, trading within the mpulwger hipem- No foreigc going ahip

limits of the said Province, shall proceed to sea from any port in the ~10~ey.d within the

limits of the Pro-

said Province, unless the master thereof, and in the case of a foreign .in, to , oc ,~~ t.

going ship, the first and second mates, or only mate (as the case may scawithout c d i f i -

be), and in the case of a passenger ship trailing within the limits of mate,. oates of masters and

the

31" VICTORIE, No. 5.

The ~ a & e Board Amendment Act.-1867.

the said Province, the first, or only mate (as the case may be) shall have obtained and posscss valid certificates of competency or service either from the Board of Trade, Marine Board, or other authorized body, appropriate to their several stations in such ship, or of a higher grade, and no such ship, if of one hundred tons burthen or upwards shall go to sea as aforesaid, unless at least one officer besides the master, has obtained and possesses a valid certificate, appropriate to the grade of only mate thcrcin, or to a higher grade; and every person who, having been engaged to serve as master, or as first or second, or only mate, of any foreign going ship, or as master or first or oidy mate, trading within the limits of the said Province, of any passenger ship, goes to sea as aforesaid as such master or

mate, without bcing at the time entitled to and possessed of such a

certificate as hereinbefore required, or who employs any person aa master, or first, second, or only mate of any foreign going ship, or as master, or first, or only mate, trading within the limits of the said Province, of a passenger ship, without ascertaining that he is at the time entitled to and possessed of such certificate, shall for each such offence incur a penalty not exceeding Fifty Pounds.

Certifiaate for	15. Every certificate of competency for a foreign going ship, shall
f i g n g o i s ships

available.	be deemed to be of a higher grade than the corresponding certificate of a passenger ship trading within the limits 'of the said Province, and shall entitle the lawful holder thereof, to $0 to sea in the cones- ponding grade in such last mentioned ship; but no certificate for a home trade passenger ship shall entitle the holder to go to sea as master or mate of a foreign going ship.
Marine Board may
institute invcetigation	16. If the Marine Board has reason to believe that any master or or misconduct unfit to discharge his duties, the said Boarcl may instil tute an investigation at such glace as in the opinion of the ~ 'oard it will be most convenient for the parties and witnesses to attend, and

an to incompetcnc~-	or mate, holding a certificate from such Board, is from incompetency thereupon such persons as the said Board may appoint for the purpose, shall, with the assistance of the Stipendiary Magistrate
mieconduct.

appointed for such place, or if there is no such Magistrate, then with

the assistance of a competent legal assistant, to be appointed by

the Treasurer, conduct the investigation, and may summon such master or mate to appear, and shall give him a full opportunity of making & defence either in person or otherwisc, and shall, for the purpose of such investigation, have all the powers given by the first part of the said Marine Board Act of 1860 to Inspectors appointed under the said Act, and may makc such orders with respect to costs of the investigation as they may deem just, and shall, on conclusion of such investigation, make a report upon the case to the Treasurer; and in cases where it would be inconvenient for the parties or witnesses to attend before the Maripe Board, the Treasurer may direct the investigation to be instituted before two Justices of the Peace or a Stipendiary Magistrate; and thcreupon such invc,ctigzltiou sha'l be conducted in the likc manner as formal investigations into wrecks ancl cnsualities arc directed to be con, 810 VICTORIX, No. 5.

The Marine Board Amendment ActL-1 867.

ducted under the provisions of the said Act ; and on such investiga- tion, such Justices or Stipendiary Magistrate shall have and exercise the like powers, and report the result of such investigation in the same manner as prescribed by the said Act in reference to such investigations into wrecks and casualties, save only that if the Trczsurer so directs the person bringing the charge of incompetency or misconduct to the notice of the Board shall be deemed the party having the conduct of the case.

17. All certificates, whether of competency or service, shall be The secretary to

made in duplicate; one part shall be delivered to the person entitled r c e e f ! P ~ ~ ~ ~ ~ d d, c ~ -

to such certificate, and the other part shall be kept and recorded by certificates. Dupli-

the Secretary of the Marine Board, or by such other person as the ovidcnce,

cates and entries to be

Board shall appoint for that purpose; and the Board shall give to such Secretary, or such other pcrson, immediate notice of all orders made by it of cancelling, suspending, altering, or otherwise affecting any certificate, in pursuance of the powers herein con- tained; and the Secretary, or such other pcrson as aforesaid, shall thereupon make a corresponding entry in the record of certificates, and a copy purporting to be certified by such Secretary, or by such person as aforesaid, of any certificate shall be yrimd -ficcie evidence of such certificate; and a copy purporting to be so certified as afore- said of any entry made as aforcsaid in respect of any certificate shall be prim($ fncie evidence of the truth of the matters stated in such entry.

18. Whenever any master or mate proves to the satisfaction of In ,,, losl a copy

the Marine Board that he has, without fault on his part, lost or been to be granted.

deprivcd of any ccrtificatc already grantcd to him, the Board shall,

upon payment of such fee (if any) as it directs, cause a copy of the

certificate to which 1)y the record so kept as aforesaid he appears to

be entitled to be made out, and to be certified as aforesaid, and to

be delivered to him; and any copy which purports to be so made

and certified as aforcsaid shall have all the effect of the original.

19. Every person who makes, or procures to be made, or assists Penalties for

in making any falsc represertation for the purposc of obtaining for ~ r e ~ e n t a t i o n s: for

forging or altering or

himself or any other person a certificate either of competency or fr;tudulentlyusing or

-service; or who forges, assists in forging, or procures to be forged,

any certifi-

or fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such certificate, or any official copy of any such certificate, or who fraudulently makes usc of any such certificate, or any copy of any such certificate, which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his certificate to or allows the same to be used by any other person, shall for each offence be deemed guilty of a misdemeanor.

In the name and on behalf of the Queen I hereby assent to

this Act. D. DALY, Governor.

L

Adelaide: Printed by authority, by W. C. Clox, Government Printer, Victoria-spar~.

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