Navigation Act 1953 (Cth)

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NAVIGATION.

No. 96 of 1953.

An Act to amend the Navigation Act 1912-1952 to give effect to the International Convention for the Safety of Life at Sea, 1948, and for other purposes.

[Assented to 24th December, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title and citation.

1.—(1.) This Act may be cited as the Navigation Act 1953.

(2.) The Navigation Act 1912-1952 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Navigation Act 1912-1953.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on a date to be fixed by Proclamation.

(2.) Sections one and two, and sub-section (2.) of section thirty, of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(3.) Each Division, section or schedule inserted in the Principal Act by a section of this Act shall come into operation on the date on which the last-mentioned section comes into operation.

Definitions.

3.Section six of the Principal Act is amended—

(a) by inserting in the definition of “Equipment”, after the words “signals of distress”, the words “radio equipment,” ;

(b) by inserting after the definition of “Equipment” the following definition :—

“‘Radio equipment’ includes radio navigational aid equipment;”;

(c) by omitting the definition of “Passenger “and inserting in its stead the following definition :—

“‘Passenger ‘means a person carried on board a ship with the knowledge or consent of the owner, charterer, agent or master of the ship, being a person other than—

(a) a person employed or engaged in any capacity on board the ship;

 

(b) a person on board the ship in pursuance of the obligation imposed on the master by this Act to carry shipwrecked, distressed or other persons or by reason of circumstances that could not have been prevented or forestalled by the owner, charterer, agent or master of the ship ; and

(c) a child under the age of one year ; ”; and

(d) by omitting the definition of “Territory under the authority of the Commonwealth”.

Definition of coasting trade.

4.Section seven of the Principal Act is amended by omitting paragraph (d) of the first proviso and inserting in its stead the following paragraph :—

“(d) as a passenger—

(i) the owner of the ship or a person who is a servant, or a member of the family, of the owner of the ship ; or

(ii) a pilot who is proceeding from his home station for the purpose of meeting a vessel requiring his services or is returning to his home station after piloting a vessel: “.

Rating of seamen.

5.Section thirty-nine of the Principal Act is amended by omitting sub-section (6.) and inserting in its stead the following sub-sections :—

“(6.) Subject to the next succeeding sub-section, a person shall not engage a seaman in any capacity unless the seaman satisfies the superintendent that he can pull an oar and handle a boat.

“(6a.) The last preceding sub-section does not apply in relation to the engagement of a stewardess or in relation to the engagement of a seaman who—

(a) has not previously served at sea; or

(b) is a member of a prescribed class of seaman.”.

Documents to be handed over to master’s successor.

6.Section one hundred and sixty-eight of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) For the purposes of this section, the papers containing the information required to be on board a ship under section one hundred and ninety-two b of this Act shall be deemed to be a document relating to the navigation of the ship.”.

Division headings— Part IV.

7.Part IV. of the Principal Act is amended by omitting the list of Division Headings appearing before Division 1 of that Part and inserting in its stead the following list:—

“Division1.— General (Sections 187-192b) .

Division2.—Surveys of Steamships and Survey Certificates(Sections 193-206) .

Division 2a.—Sailing Ships (Section 206b) .

Division 2b.—Safety Convention Certificates (Sections 206c-206s) .

 

Division 3.—Unseaworthy Ships (Sections 207-214) .

Division 4.—Life-saving Appliances and Fire Protection (Sections 215-217) .

Division 5.—Deck and Load Lines (Sections 218-227) .

Division 6.—Signals of Distress (Sections 228-230) .

Division 6a.—Radio Equipment (Sections 231-231f) .

Division 7.—Adjustment of Compasses (Sections 232-234) .

Division 8.—Collision, Boat, and Fire Drills (Section 235) .

Division 9.—Anchors, Chain Cables, and Gear (Sections 236-247) .

Division 10.—Dangerous Goods, Livestock, Grain, Deck and other Cargoes (Sections 248-257a) .

Division 11.—Lights, Signals, and Sailing Regulations (Sections 258-265a) .

Division 12.—Private Signals (Sections 266-267) . Division 13.—Report of Accidents and of Dangers to Navigation (Sections 268-269a) .”.

Interpretation.

8. Sections one hundred and eighty-seven a and one hundred and eighty-eight of the Principal Act are repealed and the following sections inserted in their stead :—

“187a.—(1.) In this Part, unless the contrary intention appears—

‘cargo ship’ means a ship other than a passenger ship ;

‘cargo steamship’ means a steamship other than a passenger steamship;

‘certificate of equipment’ means a certificate of equipment issued under sub-section (4.) of section one hundred and ninety-four of this Act;

‘certificate of survey ‘means a certificate of survey issued under sub-section (4.) of section one hundred and ninety-four of this Act;

‘classification certificate ‘means a classification certificate of a prescribed standard issued by a prescribed corporation or association for the survey and registry of ships ;

‘country to which the Load Line Convention applies ‘means a country or territory which—

(a) has been declared by the Minister, by notice publishedin the Gazette, to be a country or territory to which the Load Line Convention applies ; and

(b) has not been so declared to have ceased to be a country or territory to which the Load Line Convention applies;

‘country to which the Safety Convention applies’ means a country or territory which—

(a) has been declared by the Minister, by notice published in the Gazette, to be a country or territory to which the Safety Convention applies ; and

(b) has not been so declared to have ceased to be a country or territory to which the Safety Convention applies ;

 

‘declaration of survey ‘means a declaration made by a surveyor under this Act;

‘exemption certificate ‘means a certificate issued under subsection (2.) of section two hundred and six f of this Act;

‘international voyage ‘means —

(a) for the purposes of Division 5 of this Part, a voyage—

(i) from a port in Australia to a port outside Australia;

(ii) to a port in Australia from a port outside Australia ;

(iii) from a port in a country to which the Load Line Convention applies to a port outside that country ; or

(iv) to a port in a country to which the Load Line Convention applies from a port outside that country ; and

(b) for the purposes of the provisions of this Part other than Division 5, a voyage—

(i) from a port in Australia to a port outside Australia ;

(ii) to a port in Australia from a. port outside Australia ;

(iii) from a port in a country to which the Safety Convention applies to a port outside that country ; or

(iv) to a port in a country to which the Safety Convention applies from a port outside that country ;

‘passenger ship’ means a ship carrying more than twelve passengers ;

‘passenger steamship ‘means a steamship carrying more than twelve passengers;

‘qualified safety certificate ‘means a certificate issued under sub-section (2.) of section two hundred and six c of this Act;

‘qualified safety equipment certificate ‘means a certificate issued under sub-section (2.) of section two hundred and six d of this Act;

‘qualified safety radiotelegraphy certificate’ means a qualified safety radiotelegraphy certificate issued under sub-section (2.) of section two hundred and six e of this Act;

‘qualified safety radiotelephony certificate’ means a qualified safety radiotelephony certificate issued under sub-section (2.) of section two hundred and six e of this Act;

‘qualified short voyage safety certificate’ means a certificate issued under sub-section (4.) of section two hundred and six c of this Act;

 

‘radio installation ‘means a radiotelegraphy or radiotelephony installation; but does not include a radio navigational aid;

‘safety certificate’ means a certificate issued under sub-section (1.) of section two hundred and six c of this Act;

‘Safety Convention certificate’ means a certificate issued in respect of a steamship, not being a ship registered in Australia, by or with the authority of the Government of a country to which the Safety Convention applies in accordance with the Safety Convention or a law of that country giving effect to that Convention;

‘Safety Convention passenger steamship ‘means a passenger steamship registered in a country to which the Safety Convention applies;

‘Safety Convention ship ‘means a ship registered in a country to which the Safety Convention applies;

‘safety equipment certificate’ means a certificate issued under sub-section (1.) of section two hundred and six d of this Act;

‘safety radiotelegraphy certificate’ means a safety radiotelegraphy certificate issued under sub-section (1.) of section two hundred and six e of this Act;

‘safety radiotelephony certificate ‘means a safety radiotelephony certificate issued under sub-section (1.) of section two hundred and six e of this Act;

‘short international voyage ‘means an international voyage—

(a) in the course of which a ship is not. at any time more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety; and

(b) which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination ;

‘short voyage safety certificate ‘means a certificate issued under sub-section (3.) of section two hundred and six c of this Act;

‘sub-division load line ‘means the load line indicating the depth to which a passenger steamship may be loaded having regard to the extent to which she is sub-divided and to the space for the time being allotted to passengers;

‘surveyor’ means a person who is appointed to be a surveyor under section one hundred and ninety of this Act;

‘the Load Line Convention ‘means the International Load Line Convention signed in London on the fifth day of July, One thousand nine hundred and thirty (a copy of which is set forth in Schedule VII. to this Act) , as affected by any modification made under Article 20 of the Convention;

 

‘the Safety Convention ‘means the International Convention for the Safety of Life at Sea, 1948 (a copy of the articles and regulations of which is set forth in Schedule VI. to this Act) , as affected by any amendment, other than an amendment not accepted by Australia, made under Article IX. of the Convention;

‘valid Safety Convention certificate ‘means a Safety Convention certificate which complies with such requirements as are prescribed.

“(2.) A reference in this Part to a ship constructed before or after a particular date shall be read as a reference to a ship the keel of which was laid before or after that date, as the case may be.

“(3.) For the purpose of determining whether a voyage is an international voyage—

(a) account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance which neither the master nor the owner, nor the charterer, if any, of the ship could have prevented or forestalled; and

(b) a colony, overseas territory or protectorate, or a territory for which the United Nations are the administering authority, or for the international relations of which the Government of the Commonwealth or of any other country is responsible, shall be deemed to be a separate country.

Exemption from safety requirements for a single international voyage.

“188. Where a ship which is not ordinarily engaged on international voyages undertakes, in exceptional circumstances, a single international voyage, the Minister may, if he is satisfied that the ship complies with safety requirements which, in his opinion, are adequate for the voyage, exempt a person, in respect of that voyage, from compliance with any requirement of this Act.”.

9.Sections one hundred and ninety and one hundred and ninety-one of the Principal Act are repealed and the following sections inserted in their stead :—

Appointment of surveyors.

“190. The Minister may appoint a person who is skilled with regard to—

(a) wooden hulls and equipment, other than radio equipment;

(b) metal hulls and equipment, other than radio equipment;

(c) engines, boilers and machinery;

(d) radio installations; or

(e) radio navigational aids,

to be a surveyor.

Alteration of ships and cancellation of certificates.

“190a.—(1.) Where the hull, equipment or machinery, or a part of the hull, equipment or machinery, of a ship in respect of which a certificate has been issued under Division 2 or Division 2b of this Part is altered, replaced or damaged in a manner which affects her efficiency or seaworthiness or otherwise becomes inefficient, notice

 

in writing of the alteration, replacement or damage shall be given forthwith to such person and in such form as are prescribed and, if notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding Fifty pounds.

“(2.) Where the Minister has reason to believe that—

(a) the report of a surveyor in respect of a ship was fraudulently or erroneously made or obtained;

(b) a certificate has been issued under Division 2 or Division 2bof this Part in respect of a ship upon false or erroneous information; or

(c) since the last declaration of survey was made in respect of a ship, the hull, equipment or machinery, or a part of the hull, equipment or machinery, of the ship has been altered, replaced or damaged in a manner which affects her efficiency or seaworthiness or has become otherwise inefficient,

he may cancel any certificate issued in respect of the ship under Division 2 or Division 2b of this Part or detain the ship until he is satisfied that she can proceed to sea without danger to her crew or passengers.

“(3.) Where the Minister cancels a certificate issued in respect of a ship under this Part, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation to the owner, agent or master of the ship.

Regulations pray make provision in relation to surveys and requirements as to hulls, equipment and machinery.

“191. The regulations may—

(a) make provision for or in relation to the survey and inspection of ships and the furnishing of reports and declarations of survey, and the issue of certificates, under this Part;

(b) specify requirements with which the construction, hull, equipment and machinery of ships shall comply ; and

(c) make such provision as appears necessary for giving effect to such of the provisions of the Safety Convention as relate to the construction, hull, equipment and machinery of ships, subdivision load lines and surveys.”.

Regulations— Discretion of Governor-General and Minister.

10.Section one hundred and ninety-one a of the Principal Act is amended—

(a) by omitting from sub-section (2.) the word “Division “and inserting in its stead the word “Part”; and

(b) by omitting sub-section (3.) .

Signalling lamps.

11.Sections one hundred and ninety-one b, one hundred and ninety-two and one hundred and ninety-two a of the Principal Act are repealed and the following sections inserted in their stead :—

“191b. The master or owner of a ship registered in Australia, being a ship of one hundred and fifty tons or more gross registered tonnage, shall not take that ship to sea, or permit that ship to be

 

taken to sea, on an international voyage unless the ship is provided with a daylight signalling lamp of a type approved by the Director.

Penalty: Twenty pounds.

Appeal from refusal to issue certificate.

“192.—(1.) Where the issue of a certificate in respect of a ship under this Part is refused, the owner of the ship may appeal to a Court of Marine Inquiry.

“(2.) The Court of Marine Inquiry may, on the hearing of the appeal, make such order as it thinks fit.

Detention of ships not registered in Australia.

“192a.—(1.) Where, under this Part, a foreign ship is detained or proceedings are taken against the owner or master of such a ship, the Director shall forthwith give notice in writing, specifying the grounds on which the ship has been detained or the proceedings have been taken, to the consul for the country in which the ship is registered at or nearest to the port where, for the time being, the ship is.

“(2.) Where notice of the detention of a ship is given to a consul under the last preceding sub-section, a person named by the consul may accompany any person directed to survey the ship while he is carrying out the survey.

Stability information.

“192b.—(1.) The master or owner of a ship registered in Australia, being a ship the keel of which is laid after this section comes into operation, shall not take that ship to sea, or permit that ship to be taken to sea, unless there is on board the ship such written or diagrammatic information as to the stability of the ship as is necessary for the guidance of the master in loading and ballasting the ship, being information complying with the next succeeding sub-section.

Penalty: One hundred pounds.

“(2.) The information specified in the last preceding sub-section shall be in such form as is approved by the Director and shall be based on a determination of the stability of the ship made by means of an inclining test of the ship, or, with the approval of the Director, of a sister ship, carried out by the builders of the ship, or of the sister ship, as the case be.”.

Division heading.

12. The heading to Division 2 of Part IV. of the Principal Act is omitted and the following heading inserted in its stead :—

“Division 2.—Surveys of Steamships and Survey Certificates.”.

13. Sections one hundred and ninety-three and one hundred and ninety-four of the Principal Act are repealed and the following sections inserted in their stead :—

Annual surveys.

“193. Subject to this Part, a steamship shall be surveyed at least once in each period of twelve months.

Surveyors’ reports and declarations, and certificates of survey and equipment.

“194.—(1.) When a surveyor has made a survey of a steamship, in whole or in part, he shall furnish a report on the survey to the Minister.

 

“(2.) If the surveyor is satisfied that it is proper for him so to do, he shall furnish to the Minister a declaration in the prescribed form in respect of the survey.

“(3.) The surveyor shall state in the declaration—

(a) the voyages or class of voyages on which, in the opinion of the surveyor, having regard to the construction, equipment and machinery of the ship, so far as surveyed by him, the ship is fit to ply ; and

(b) in the case of a passenger steamship which, in the opinion of the surveyor, is, so far as surveyed by him, fit to ply on international voyages while engaged in a special trade only, that the ship is so fit only while so engaged. “(4.) The Minister may, on receipt of the report or reports of a surveyor or surveyors in respect of a ship, issue in respect of the ship, in the prescribed form, a certificate of survey or a certificate of equipment.

“(5.) The Minister may refuse to issue a certificate in respect of a ship under the last preceding sub-section if he is not satisfied that the ship complies with any relevant requirement of this Act which relates to the construction, hull, equipment or machinery of ships.”.

Certificates of survey and equipment.

14.Section one hundred and ninety-five of the Principal Act is amended by inserting in sub-sections (1.) and (2.), after the words “certificate of survey” (wherever occurring) , the words “or certificate of equipment”.

Posting up of certificates.

15. Section one hundred and ninety-six of the Principal Act is amended by inserting after the words “certificate of survey” the words “or certificate of equipment”.

16. Sections one hundred and ninety-seven, one hundred and ninety-seven a, one hundred and ninety-eight and one hundred and ninety-eight a of the Principal Act are repealed and the following sections inserted in their stead :—

Uncertificated steamships not to proceed to sea.

“197. The master or owner of a steamship shall not take the ship to sea, or permit the ship to be taken to sea, unless there is in force in respect of the ship—

(a) a certificate of survey appropriate to the purpose for which the ship is taken to sea; or

(b) in the case of a cargo steamship—a certificate of equipment appropriate to the purpose for which the ship is taken to sea and a classification certificate.

Penalty: Two hundred and fifty pounds.

Certificates of survey or equipment not required when Convention certificates in force.

“198.—(1.) The last preceding section does not apply to or in relation to the taking of a ship to sea on an international voyage if the master of the ship complies with section two hundred and six q or two hundred and six r of this Act.

“(2.) The last preceding section does not apply to or in relation to the taking of a ship to sea otherwise than on an international

 

voyage if there is in force in respect of the ship such certificate or certificates (being a certificate or certificates appropriate to the purpose for which the ship is taken to sea) as would be required, under section two hundred and six q or two hundred and six r of this Act, to be produced to a Collector from whom was demanded a certificate of clearance for the ship for an international voyage.”.

17.Section two hundred and two of the Principal Act is repealed and the following section inserted in its stead:—

Overcrowding steamships.

“202.—(1.) The owner or master of a steamship shall not receive or have on board the ship a number of passengers in excess of the number specified in the certificate of the ship as the number of passengers which the ship is authorized to carry.

Penalty : One hundred pounds and an amount of Five shilling for each person on board in excess of the number authorized by the certificate of the ship.

“(2.) The owner, master or agent of a steamship shall not take payment of passage money from a number of persons in excess of the number specified in the certificate of the ship as the number of passengers which the ship is authorized to carry.

Penalty : One hundred pounds.

“(3.) This section does not apply in relation to a voyage upon which, with the consent of the Minister, persons are carried for the purpose of enabling them to be moved from a place in consequence of a threat to their lives.

“(4.) For the purposes of this section, ‘the certificate of the ship ‘means a certificate issued in respect of the ship under this Part or, if the ship is a Safety Convention ship, a valid Safety Convention certificate issued in respect of the ship.”.

Exemption from survey when certificates In force.

18.Section two hundred and four of the Principal Act is repealed and the following section inserted in its stead :—

“204.—(1.) Subject to this section—

(a) a ship in respect of which a certificate is in force underDivision 2 or Division 2b of this Part; or

(b) a ship in respect of which a valid Safety Convention certificate is in force,

is exempt from survey under this Division.

“(2.) Subject to this section, a cargo steamship in respect of which there is in force a classification certificate is exempt from survey, other than survey for a certificate of equipment, under this Division.

“(3.) A person authorized in writing by the Minister to make inspections under this section may, at any time, inspect a ship which is wholly or partly exempt from survey under this Division and shall, upon making such an inspection, forthwith report the result of the inspection to the Minister.

 

“(4.) Upon the receipt by the Minister of a report under the last preceding sub-section, he may, subject to the next succeeding sub-section, cancel the exemption of the ship from survey or suspend the operation, for the purposes of this Act, of a certificate in force in respect of the ship, and thereupon the ship becomes liable to survey.

“(5.) The Minister shall not cancel the exemption from survey of a ship in respect of which a valid Safety Convention certificate is in force, or suspend the operation, for the purposes of this Act, of a valid Safety Convention certificate in force in respect of a ship, unless the Minister has reason to believe—

(a) that the condition of the ship does not substantially correspond with the certificate ; and

(b) that the ship cannot proceed to sea without danger to her crew or passengers.”.

Watertight compartments, &c., backing power and steering apparatus.

19.Sections two hundred and six and two hundred and six a of the Principal Act are repealed and the following section is inserted in their stead :—

“206.—(1.) A steamship of a prescribed class which —

(a) is registered in Australia or engaged in the coasting trade ;or

(b) carries more than twelve passengers and proceeds from a port in Australia to a port outside Australia or comes into a port in Australia from a port outside Australia,

shall—

(c) in accordance with the regulations, be subdivided into watertight compartments and fitted with fireproof bulkheads and a double bottom;

(d) be provided with such power for going astern as is sufficient to secure proper control of the ship when under way ; and

(e) be provided with efficient main and auxiliary steering apparatus.

“(2.) Where a ship to which the last preceding sub-section applies does not comply with that sub-section, the owner and master of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding One hundred pounds.

“(3.) The regulations may make provision—

(a) for or in relation to the subdividing of ships into watertight compartments and the closing and periodical trial and operation of watertight doors, side scuttles, valves and similar contrivances in ships divided into watertight compartments; and

(b) for giving effect to regulations 19 and 20 of Chapter II. of the Safety Convention.”.

 

20.Division 2b of Part IV. of the Principal Act is repealed and the following Division inserted in its stead :—

“Division 2b.—Safety Convention Certificates.

Passenger Ships—safety certificates and short voyage safety certificates.

“206c.—(1.) Where, on receipt of declarations of survey in respect of a passenger steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act which relate to the construction, equipment and machinery of passenger steamships engaged on international voyages, other than short international voyages, he may issue in respect of the ship, in the prescribed form, a safety certificate.

“(2.) Where, on receipt of declarations of survey in respect of a passenger steamship registered in Australia, being a ship in respect of which an exemption certificate is in force, the Minister is satisfied that the ship complies with the requirements of this Act, other than requirements from which the ship is exempt under the exemption certificate, which relate to the construction, equipment and machinery of passenger steamships engaged on international voyages, other than short international voyages, he may issue in respect of the ship, in the prescribed form, a qualified safety certificate.

“(3.) Where, on receipt of declarations of survey in respect of a passenger steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act which relate to the construction, equipment and machinery of passenger steamships engaged on short international voyages, he may issue in respect of the ship, in the prescribed form, a short voyage safety certificate.

“(4.) Where, on receipt of declarations of survey in respect of a passenger steamship registered in Australia, being a ship in respect of which an exemption certificate has been issued and is in force, the Minister is satisfied that the ship complies with the requirements of this Act, other than requirements from which the ship is exempt under the exemption certificate, which relate to the construction, equipment and machinery of passenger steamships engaged on short international voyages, he may issue in respect of the ship, in the prescribed form, a qualified short voyage safety certificate.

Cargo ships— safety equipment certificates.

“206d.—(1.) Where, on receipt of declarations of survey in respect of a cargo steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act which relate to the equipment (other than radiotelegraphy or radiotelephony equipment) of cargo steamships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, a safety equipment certificate.

“(2.) Where, on receipt of declarations of survey in respect of a cargo steamship registered in Australia, being a ship in respect of which an exemption certificate has been issued and is in force, the Minister is satisfied that the ship complies with the requirements of this Act, other than requirements from which the ship is exempt

 

under the exemption certificate, which relate to the equipment (other than radiotelegraphy or radiotelephony equipment) of cargo steamships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, a qualified safety equipment certificate.

Cargo ships—radio installation certificates.

“206e.—(1.) Where, on receipt of declarations of survey in respect of a cargo steamship registered in Australia, the Minister is satisfied that the ship complies with the requirements of this Act which relate to the radiotelegraphy or radiotelephony equipment of cargo steamships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, a safety radiotelegraphy certificate or a safety radiotelephony certificate, as the case requires.

“(2.) Where, on receipt of declarations of survey in respect of a cargo steamship registered in Australia, being a ship in respect of which an exemption certificate has been issued and is in force, the Minister is satisfied that the ship complies with the requirements of this Act, other than requirements from which the ship is exempt under the exemption certificate, which relate to the radiotelegraphy or radiotelephony equipment of cargo steamships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, a qualified safety radiotelegraphy certificate or a qualified safety radiotelephony certificate, as the case requires.

Exemptions.

“206f.—(1.) The regulations may make provision for or in relation to the exemption by the Minister of ships from all or any of the requirements of this Act which relate to the construction, equipment or machinery of ships engaged on international voyages.

“(2.) Where, under the regulations, the Minister exempts a ship from a requirement of this Act which relates to the construction, equipment or machinery of ships engaged on international voyages, he may issue in respect of the ship, in the prescribed form, an exemption certificate specifying the requirement from which the ship is exempt and the conditions, if any, subject to which the ship is exempt.

“(3.) Where an exemption certificate specifies conditions subject to which the ship is exempt from a requirement specified in the certificate and the conditions are not complied with, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding One hundred pounds.

Minister may request Safety Convention countries to issue certificates

“206g.—(1.) The Minister may request the Government of a country to which the Safety Convention applies to issue, in respect of a ship registered in Australia, a certificate—

(a) which, by virtue of the Safety Convention or a law of that country which gives effect to that Convention, the Government of that country may issue in respect of a ship registered in that country ; and

(b) which corresponds, or substantially corresponds, with a certificate which the Minister is empowered under this Division to issue in respect of that ship.

 

“(2.) A certificate issued in pursuance of such a request, and containing a statement that it has been so issued, has effect, for the purposes of this Act, as if it were a certificate of the kind to which it corresponds issued under this Division.

Safety Convention countries may request Minister to issue certificates.

“206h.—(1.) The Minister may, at the request of the Government of a country to which the Safety Convention applies, issue in respect of a ship registered in that country a certificate which, under this Division, he could issue in respect of that ship if it were registered in Australia.

“(2.) A certificate issued under this section—

(a) shall contain a statement to the effect that it has been issued at the request of the Government of the country in which the ship is registered ; and

(b) has effect, for the purposes of this Act, as if it had been issued by the Government which requested its issue.

Duration of certificates.

“206j.—(1.) Subject to the next succeeding sub-section, a certificate, other than a safety equipment certificate or a qualified safety equipment certificate, issued under this Division remains in force for a period of one year after the date of issue or for such shorter period as is specified in the certificate, and a safety equipment certificate or a qualified safety equipment certificate remains in force for a period of two years after the date of issue or for such shorter period as is specified in the certificate.

“(2.) An exemption certificate issued in respect of a ship shall not remain in force after a qualified certificate issued in respect of the ship has ceased to be in force.

Extension of certificates.

“206k.—(1.) Where a ship registered in Australia is not in an Australian port at the time when a certificate issued in respect of the ship under this Division expires or is about to expire, the Minister may, if it appears proper and reasonable for him so to do, extend the certificate, for a period not exceeding five months from the date of expiration of the certificate, for the purpose of allowing the ship to return to an Australian port specified by the Minister.

“(2.) An extension of a certificate under the last preceding subsection is of no further effect upon the return of the ship to the Australian port so specified.

“(3.) The Minister may extend a certificate in respect of a ship registered in Australia, being a certificate which has not been extended under sub-section (1.) of this section, for a period of grace not exceeding one month from the date of expiration of the certificate.

Certificates to be exhibited.

“206l. The master of a ship in respect of which a certificate has been issued under this Division shall, while the certificate remains in force, cause a copy of the certificate to be kept displayed in a prominent and accessible place in the ship, where it may be read by all persons on board.

 

Certificate required by passenger steamship on international voyage.

“206m. The master or owner of a passenger steamship registered in Australia shall not take the ship to sea, or. permit the ship to be taken to sea, on an international voyage from a port in Australia unless there is in force in respect of the ship a safety certificate or a qualified safety certificate or, where the voyage is a short international voyage, a short voyage safety certificate or a qualified short voyage safety certificate.

Penalty: Five hundred pounds.

Certificates required by cargo steamships on international voyages.

“206n. The master or owner of a cargo steamship registered in Australia, being a ship of five hundred tons or more gross registered tonnage, shall not take the ship to sea, or permit the ship to be taken to sea, on an international voyage from a port in Australia unless there is in force in respect of the ship a safety certificate or a qualified safety certificate or—

(a) a safety equipment certificate or a qualified safety equipment certificate ;

(b) a certificate of survey or a classification certificate ; and

(c) a safety radiotelegraphy certificate, a qualified safety radio-telegraphy certificate, a safety radiotelephony certificate, a qualified safety radiotelephony certificate or an exemption certificate which wholly exempts the ship from the requirements of this Act which relate to the radiotelegraphy or radiotelephony equipment of cargo steamships engaged on international voyages.

Penalty : Two hundred and fifty pounds.

Qualified certificates have no force without corresponding exemption certificates.

“206p. For the purposes of the last two preceding sections, a qualified certificate of any kind shall, in relation to a particular voyage, be deemed not to be in force in respect of a ship unless—

(a) the certificate is appropriate to the voyage ; and

(b) there is also in force in respect of the ship an exemption certificate which—

(i) is appropriate to the voyage; and

(ii) exempts the ship from such of the requirements of this Act which apply to the ship as appear from the qualified certificate to be requirements with which the ship does not comply.

Certificates to be produced to Collector.

“206q.—(1.) The master of a steamship registered in Australia, being a passenger ship or a cargo ship of five hundred tons or more gross registered tonnage, shall produce to the Collector from whom is demanded a certificate of clearance for the ship for an international voyage from a port in Australia a certificate or certificates by virtue of which the ship may be taken to sea on that voyage without contravention of the preceding provisions of this Division.

 

“(2.) The certificate of clearance shall not be granted, and the ship may be detained by the Collector, until the certificate or certificates under this Division is or are produced to the Collector.

Non-Australian ships—certificates required for international voyages.

“206r.—(1.) The master of a Safety Convention ship shall produce to the Collector from whom is demanded a certificate of clearance for the ship for an international voyage from a port in Australia such valid Safety Convention certificate or certificates as corresponds, or respectively correspond, with a certificate or certificates the production of which would, if the ship were registered in Australia and proceeding on that voyage, be sufficient for the purposes of the last preceding section.

“(2.) The certificate of clearance shall not be granted, and the ship may be detained by the Collector, until the Safety Convention certificate or certificates is or are produced to the Collector.

“(3.) Sub-section (1.) of this section shall not be construed as requiring the master of a Safety Convention ship to produce to the Collector a Safety Convention certificate which corresponds with a certificate of a kind referred to in paragraph (b) of section two hundred and six n of this Act.

Modification of certificates.

“206s. Where there is attached to a valid Safety Convention certificate issued in respect of a ship a memorandum which—

(a) has been issued by or under the authority of the Government of the country in which the ship is registered ; and

(b) modifies, for the purpose of a particular voyage, by reason of the number of persons carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances, the certificate has effect for the purpose of that voyage as if it were modified in accordance with the memorandum.”.

Detention of unseaworthy ships.

21. Section two hundred and ten of the Principal Act is amended by omitting sub-section (3.) .

Costs of detention.

22.Section two hundred and eleven of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) If—

(a) a ship is finally detained under this Division ;

(b) a ship is provisionally detained under this Division and the ship was, at the time of detention, unseaworthy ; or

(c) a ship is detained in pursuance of a provision of this Part which provides for the detention of a ship until a certain event occurs,

the owner of the ship is liable to pay to the Minister, or to such person as the Minister directs, the costs of and incidental to the detention and survey of the ship and those costs are recoverable by the Minister, or by a person authorized by the Minister to sue for them, in a Court of summary jurisdiction.”.

 

23.Sections two hundred and fifteen and two hundred and sixteen of the Principal Act are repealed and the following section is inserted in their stead :—

Regulations may make provision in relation to life-saving and fire prevention.

“215.—(1.) The regulations may make provision for or in relation to the saving of life at sea and the prevention, detection and extinction of fire on ships.

“(2.) Without limiting the generality of the last preceding sub-section, the regulations which may be made by virtue of that sub-section include regulations—

(a) providing for or in relation to the appliances to be carried, and the measures to be observed, on ships for the saving of life at sea and the prevention, detection and extinction of fire ; and

(b) for giving effect to the provisions of Chapter III. of the Safety Convention.”.

Modification of certificate in respect of life-saving appliances.

24.Section two hundred and sixteen a of the Principal Act is amended by inserting in sub-section (1.) , after the words “safety certificate “, the words”, qualified safety certificate, short voyage safety certificate or qualified short voyage safety certificate “.

Modification of provisions of Act for exemption of ships not registered in Australia.

25.Section two hundred and twenty-four of the Principal Act is repealed.

Signals of distress and urgency.

26. Section two hundred and twenty-nine of the Principal Act is repealed and the following section inserted in its stead :—

“229.—(1.) The regulations may make provision for or in relation to signals of distress and urgency and the use of signals of distress and urgency.

“(2.) A person shall not use or display, or cause or permit a person under his authority to use or display—

(a) a private signal, whether registered or not, which could be mistaken for a prescribed signal of distress or urgency ; or

(b) except in accordance with the regulations, a prescribed signal of distress or urgency.

Penalty: Fifty pounds.”.

27. Division 6a of Part IV. of the Principal Act is repealed and the following Division inserted in its stead :—

“Division 6a.—Radio Equipment.

Application of Division.

“231. Unless the contrary intention appears, this Division, and the regulations made by virtue of this Division, do not apply to or in relation to—

(a) a river and bay ship; or

 

(b) a Safety Convention ship in respect of which there is in force a valid Safety Convention certificate showing that the ship—

(i) complies with such of the requirements of the Safety Convention as relate to radio installations and radio navigational aids; or

(ii) is wholly exempt from those requirements or is partly exempt and complies with those requirements to the extent to which she is not exempt.

Ships to be equipped with radio installations and radio navigational aids.

“231a. The master or owner of a ship shall not take the ship to sea, or permit the ship to be taken to sea, unless the ship complies with the requirements of the regulations with respect to radio installations and radio navigational aids.

Penalty: Two hundred and fifty pounds.

Radio operators.

“231b. The master or owner of a ship equipped with a radio installation shall not take the ship to sea, or permit the ship to be taken to sea, unless the ship carries, as part of her crew, such person or persons qualified to operate the radio installation as is or are prescribed.

Penalty : Two hundred and fifty pounds.

Maintenance and use of radio equipment and radio services.

“231c.—(1.) The master of a ship equipped with a radio installation—

(a) shall maintain that radio installation, or cause that radio installation to be maintained, in accordance with the regulations;

(b) shall not use that radio installation, or permit that radio installation to be used, otherwise than in accordance with the regulations ; and

(c) shall maintain, or cause to be maintained, on the ship a radio service in accordance with the regulations.

“(2.) The master of a ship equipped with a radio navigational aid shall maintain that radio navigational aid, or cause that radio navigational aid to be maintained, in accordance with the regulations.

Penalty: Two hundred and fifty pounds.

Deficiency in number of operators on Safety Convention ships.

“231d. Where—

(a) a ship, including a Safety Convention ship specified in paragraph (b) of section two hundred and thirty-one of this Act, does not carry, as part of her crew, such person or persons qualified to operate any radio installation on the ship as is or are required to be carried on the ship under any certificate in force in respect of the ship; and

(b) the Minister is satisfied that, in consequence, the ship cannot proceed to sea without danger to her crew or passengers,

the Minister may detain the ship until he is satisfied that the ship can proceed to sea without danger to her crew or passengers.

 

Log-books.

“231e. The master of a ship equipped with a radio installation—

(a) shall keep, or cause to be kept, a radio log-book in such form as is prescribed and shall make, or cause to be made, such entries in that log-book as are prescribed ; and

(b) shall make, or cause to be made, in accordance with the regulations, entries in the official log-book of the ship with respect to the operation of the radio installation and the maintenance of a radio service on the ship.

Penalty : Fifty pounds.

Regulations.

“231f.—(1.) The regulations may make provision for or in relation to the equipping of ships with radio installations and radio navigational aids and the operation, maintenance and use on ships of radio installations and radio navigational aids.

“(2.) Without limiting the generality of the last preceding sub-section, the regulations which may be made by virtue of that sub-section include regulations for or in relation to—

(a) specifying the requirements with which radio installations and radio navigational aids on ships shall comply;

(b) the means of communication between a radio installation on a ship and the bridge of the ship;

(c) the survey, inspection and testing of radio installations and radio navigational aids on ships;

(d) the exemption of ships from any requirement of this Act which relates to radio installations or radio navigational aids;

(e) the issue of certificates in respect of ships which comply with, or are exempt (either in whole or in part) from, the requirements of this Act which relate to radio installations and radio navigational aids;

(f) the number of operators, and the grades and qualifications of operators, to be carried on ships to operate radio installations;

(g) the radio services to be maintained on ships; and

(h) giving effect to the provisions of Chapter IV. and regulation 12 of Chapter V. of the Safety Convention.”.

Division beading.

28.The heading to Division 10 of Part IV. of the Principal Act is omitted and the following heading inserted in its stead :—

“Division 10.—Dangerous Goods, Livestock, Grain, Deck and other Cargoes.”.

Shipping of dangerous goods.

29.Section two hundred and forty-nine of the Principal Act is repealed and the following section inserted in its stead :—

“249.—(1.) A person shall not carry dangerous goods in a ship or place dangerous goods, or cause dangerous goods to be placed, on board a ship for carriage in the ship unless—

(a) the outside of the package containing the goods is distinctly marked with a description of the goods ; and

 

(b) a description in writing of the goods (not being a description contained in the ordinary shipping documents) is given to the owner or master of the ship at or before the time the goods are placed on board the ship. Penalty : One hundred pounds.

“(2.) The last preceding sub-section does not apply to the owner or master of the ship.”.

Carriage of dangerous goods.

30.—(1.) Section two hundred and fifty-three a of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(1a.) The regulations which may be made by virtue of the last preceding sub-section include regulations making provision for giving effect to regulation 3 of Chapter VI. of the Safety Convention.”.

(2.) Section two hundred and fifty-three a of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) A person shall not send by, or carry in, a ship any dangerous goods which do not, or the packing, stowing or carriage of which does not, comply with such requirements as are prescribed or are determined by the Minister in accordance with the regulations.

Penalty : Three hundred pounds.”.

31.Section two hundred and fifty-seven of the Principal Act is repealed and the following sections are inserted in its stead :—

Carriage of shifting cargoes.

“257.—(1.) Where a ship is carrying ballast, or a bulk cargo such as grain, seed, coal or pig iron, or other cargo that may shift, the master, owner or agent of the ship shall not take the ship to sea, or permit the ship to be taken to sea, unless provision is made, in accordance with the regulations, to prevent the ballast or cargo from shifting.

Penalty : Three hundred pounds.

“(2.) The regulations may make provision for giving effect to regulation 2 of Chanter VI. of the Safety Convention.

Carriage of coal.

“257a. Where a ship is carrying a cargo of coal, the master, owner or agent of the ship shall not take the ship to sea, or permit the ship to be taken to sea, unless provision is made, in accordance with the regulations, for the ventilation of any hold in which the coal is carried.

Penalty : Three hundred pounds.”.

32. Section two hundred and fifty-eight of the Principal Act is repealed and the following section inserted in its stead:—

Collisions, lights and signals.

“258.—(1.) The regulations may prescribe measures to be observed for the prevention of collisions and may make provision for or in relation to the provision and use on ships of lights and signals.

 

“(2.) The penalty for an offence against the regulations made by virtue of the last preceding sub-section is a fine not exceeding One hundred pounds.

“(3.) The conviction of a person for an offence against the regulations made by virtue of sub-section (1.) of this section does not relieve that person from civil liability for damage occasioned by a default of that person.

“(4.) Where an offence against the regulations made by virtue of sub-section (1.) of this section is caused by the wilful default of a person, he is guilty of an indictable offence.

“(5.) The Court before which proceedings against a person for an offence against the regulations made by virtue of sub-section (1.) of this section are heard shall be assisted by not less than two assessors of nautical experience appointed under Part IX. who shall advise the Court but shall not adjudicate on the matter before the Court.

“(6.) An assessor who assists a Court shall be paid such fees and travelling expenses as are paid to an assessor engaged in attendance on a Court of Marine Inquiry.”.

Method of giving helm orders.

33.Section two hundred and fifty-eight b of the Principal Act is repealed.

Master to render assistance.

34.Section two hundred and sixty-four of the Principal Act is amended by omitting from sub-section (2.) the word “master “and inserting in its stead the words “person in charge”.

Obligation to render assistance.

35.Section two hundred and sixty-five of the Principal Act is repealed and the following section inserted in its stead :—

“265.—(1.) Where the master of a ship registered in Australia has reason to believe that persons on or from a vessel or aircraft are in distress at a place which is a place which could be reached by his ship within a reasonable time, he shall, unless he is unable so to do or, in the special circumstances of the case, considers it unreasonable or unnecessary so to do, cause his ship to proceed with all practicable speed to the assistance of those persons and, if possible, inform them that he is so doing.

“(2.) The master of a vessel or aircraft in distress may, after consultation so far as possible with the masters of ships which answer his call for assistance, requisition such of those ships as he considers best able to render assistance and the master of a ship registered in Australia so requisitioned shall comply with the requisition by causing his ship to proceed with all practicable speed to the assistance of persons in distress on or from the vessel or aircraft in distress.

“(3.) When the master of a ship which has not been requisitioned is informed of the requisition of another ship and that the requisition is being complied with by that other ship, he is released from the obligation imposed on him by sub-section (1.) of this section.

 

“(4.) If the master of a ship is informed by persons in distress, or by the master of another ship which has reached those persons, that assistance is no longer necessary, he is released from any obligation imposed on him by sub-section (1.) or (2.) of this section in relation to those persons.

“(5.) A person who fails to comply with sub-section (1.) or (2.) of this section is guilty of an indictable offence.

“(6.) The master of a ship registered in Australia shall make a record, or cause a record to be made—

(a) of any information received by him that a vessel or aircraft is in distress at sea ; and

(b) if, on receipt of any such information, the master does not proceed to the assistance of persons on or from that vessel or aircraft—of his reasons for not so proceeding.

Penalty : One hundred pounds.

“(7.) A record required to be made by the master of a ship under the last preceding sub-section shall, if the ship has an official log-book, be made in that log-book.

“(8.) This section does not affect the operation of section three hundred and seventeen a of this Act.

“(9.) Compliance by the master of a ship with the provisions of this section does not affect his right, or the right of any other person, to salvage.”.

Report of dangers to navigation.

36.Section two hundred and sixty-nine a of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “wireless telegraph “and inserting in their stead the word “radio”;

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section :—

“(4.) This section does not apply where compliance with this section would interfere with the transmission of a signal of distress.”; and

(c) by omitting sub-section (6.) and inserting in its stead the following sub-section :—

“(6.) The regulations may make provision for giving effect to that part of Chapter V. of the Safety Convention which relates to danger messages.”.

Regulations as to passenger trade.

37.Section two hundred and seventy of the Principal Act is amended by omitting the words “or engaged in the coasting trade “and inserting in their stead the words “, ships engaged in the coasting trade or ships regularly employed in trading to and from ports in Australia and owned by a person, firm or company resident, or having his or its principal place of business, in Australia “.

 

Regulations.

38.Section four hundred and twenty-five of the Principal Act is amended—

(a) by omitting paragraph (e) and inserting in its stead the following paragraph :—

“(e) the safety of persons, including pilots, going on or coming from, or on board, ships;”; and

(b) by omitting from paragraph (h) the words “Fifty pounds” and inserting in their stead the words “One hundred pounds”.

Sixth Schedule.

39.Schedule VI. to the Principal Act is repealed and the following Schedule inserted in its stead:—

SCHEDULE VI. Section 187a (1.).

 

Articles and Regulations of the International Convention for the Safety of Life at Sea, 1948.

Article I

(a) The Contracting Governments undertake to give effect to the provisions of the present Convention and of the Regulations annexed thereto, which shall he deemed to constitute an integral part of the present Convention. Every reference to the present Convention implies at the same time a reference to these Regulations.

(b) The Contracting Governments undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the present Convention full and complete effect, so as to ensure that, from the point of view of safety of life, a ship is fit for the service for which it is intended.

Article II

The ships to which the present Convention applies are ships registered in countries the Governments of which are Contracting Governments, and ships registered in territories to which the present Convention is extended under Article XIII.

Article III

Laws, Regulations, Reports

The Contracting Governments undertake to communicate to the Intergovernmental Maritime Consultative Organisation (hereinafter called the Organisation) —

(a) the text of laws, decrees, orders and regulations which shall have been promulgated on the various matters within the scope of the present Convention;

(b) all available official reports or official summaries of reports in so far as they show the results of the provisions of the present Convention, provided always that such reports or summaries are not of a confidential nature; and

(c) a sufficient number of specimens of their Certificates issued under the provisions of the present Convention for circulation to the Contracting Governments for the information of their officers.

Article IV

Cases of Force Majeure

(a) No ship, which is not subject to the provisions of the present Convention at the time of its departure on any voyage, shall become subject to the provisions of the present Convention on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

 

Schedule VI.—continued.

(b) Persons who are on board a ship by reason of force majeure or in consequence of the obligation laid upon the master to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to a ship of any provisions of the present Convention.

Article V

Carriage of Persons in Emergency

(a) For the purpose of moving persons from any territory in order to avoid a threat to the security of their lives a Contracting Government may permit the carriage of a larger number of persons in its ships than is otherwise permissible under the present Convention.

(b) Such permission shall not deprive other Contracting Governments of any right of control under the present Convention over such ships which come within their ports.

(c) Notice of any such permission, together with a statement of the circumstances, shall be sent to the Organisation by the Contracting Government granting such permission.

Article VI

Suspension in Case of War

(a) In case of war, Contracting Governments which consider that they are affected, whether as belligerents or as neutrals, may suspend the whole or any part of the Regulations annexed hereto. The suspending Government shall immediately give notice of such suspension to the Organisation.

(b) Such suspension shall not deprive other Contracting Governments of any right of control under the present Convention over the ships of the suspending Government when such ships are within their ports.

(c) The suspending Government may at any time terminate such suspension and shall immediately give notice of such termination to the Organisation.

(d) The Organisation shall notify all Contracting Governments of any suspension or termination of suspension under this Article.

Article VII

Prior Treaties and Conventions

(a) As between the Contracting Governments the present Convention replaces and abrogates the International Convention for the Safety of Life at Sea which was signed in London on the 31st May, 1929.

(b) All other treaties, conventions and arrangements relating to safety of life at sea, or matters appertaining thereto, at present in force between Governments parties to the present Convention, shall continue to have full and complete effect during the terms thereof as regards: —

(i) ships to which the present Convention does not apply;

(ii) ships to which the present Convention applies, in respect of matters for which it has not expressly provided.

(c) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.

(d) All matters which are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.

Article VIII

Special Rules Drawn up by Agreement

When in accordance with the present Convention special rules are drawn up by agreement between all or some of the Contracting Governments, such rules shall be communicated to the Organisation for circulation to all Contracting Governments.

 

Schedule VI.—continued.

Article IX

Amendments

(a) (i) The present Convention may be amended by unanimous agreement between the Contracting Governments.

(ii) Upon the request of any Contracting Government a proposed amendment shall be communicated by the Organisation to all Contracting Governments for consideration and acceptance under this paragraph.

(b) (i) An amendment to the present Convention may be proposed to the Organisation at any time by any Contracting Government, and such proposal if adopted by a two-thirds majority of the Assembly of the Organisation (hereinafter called the Assembly) , upon recommendation adopted by a two-thirds majority of the Maritime Safety Committee of the Organisation (hereinafter called the Maritime Safety Committee), shall be communicated by the Organisation to all Contracting Governments for their acceptance.

(ii) Any such recommendation by the Maritime Safety Committee shall be communicated by the Organisation to all Contracting Governments for their consideration at least six months before it is considered by the Assembly.

(c) (i) A conference of Governments to consider amendments to the present Convention proposed by any Contracting Government shall at any time be convened by the Organisation upon the request of one-third of the Contracting Governments.

(ii) Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments shall be communicated by the Organisation to all Contracting Governments for their acceptance.

(d) Any amendment communicated to Contracting Governments for their acceptance under paragraph (b) or (c) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments including two-thirds of the Governments represented on the Maritime Safety Committee.

(e) The Assembly, by a two-thirds majority vote, including two-thirds of the Governments represented on the Maritime Safety Committee, and subject to the concurrence of two-thirds of the Contracting Governments to the present Convention, or a conference convened under paragraph (c) of this Article by a two-thirds majority vote, may determine at the time of its adoption that the amendment is of such an important nature that any Contracting Government which makes a declaration under paragraph (d) of this Article and which does not accept the amendment within a period of twelve months after the amendment comes into force, shall, upon the expiry of this period, cease to be a party to the present Convention.

(f) Any amendment to the present Convention made under this Article which relates to the structure of a ship shall apply only to ships the keels of which are laid after the date on which the amendment comes into force.

(g) The Organisation shall inform all Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.

(h) Any acceptance or declaration under this Article shall be made by a notification in writing to the Organisation, which shall notify all Contracting Governments of the receipt of the acceptance or declaration.

Article X

Signature and Acceptance

(a) The present Convention shall remain open for signature for one month from this day’s date and shall thereafter remain open for acceptance. Governments of States may become parties to the Convention by:—

(i) signature without reservation as to acceptance;

(ii) signature subject to acceptance followed by acceptance; or

(iii) acceptance.

 

Schedule VI.—continued.

(b) Acceptance shall be effected by the deposit of an instrument with the Organisation, which shall inform all Governments that have already accepted the Convention of each acceptance received and of the date of its receipt.

Article XI

Coming into Force

(a) The present` Convention shall come into force on the 1st January, 1951, provided that, at least 12 months before that date, not less than 15 acceptances, including 7 by countries each with not less than one million gross tons of shipping, have been deposited in accordance with Articles X and XV.

(b) Should 15 acceptances in accordance with paragraph (a) of this Article not have been deposited 12 months before the 1st January, 1951, the present Convention shall come into force 12 months after the date on which the last of such acceptances is deposited. The Organisation shall inform all Governments which have signed or accepted the present Convention of the date on which it comes into force.

(c) Acceptances deposited after the date on which the present Convention comes into force shall take effect three months after the date of their deposit.

Article XII

Denunciation

(a) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention comes into force for that Government.

(b) Denunciation shall be effected by a notification in writing addressed to the Organisation which shall notify all the other Contracting Governments of any denunciation received and of the date of its receipt.

(c) A denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Organisation.

Article XIII

Territories

(a) (i)The United Nations in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, may at any time by notification in writing given to the Organisation declare that the present Convention shall extend to such territory.

(ii) The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.

(b) (i) The United Nations or any Contracting Government which has made a declaration under paragraph (a) of this Article, at any time after the expiry of a period of five years from the date on which the Convention has been so extended to any territory, may by a notification in writing given to the Organisation declare that the present Convention shall cease to extend to any such territory named in the notification.

(ii) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Organisation.

(c) The Organisation shall inform all the Contracting Governments of the extension of the present Convention to any territories under paragraph (a) of this Article, and of the termination of any such extension under the provisions of paragraph (b) , stating in each case the date from which the present Convention has been or will cease to be so extended.

Article XIV

Registration

As soon as the present Convention comes into force it shall be registered by the Organisation with the Secretary-General of the United Nations.

 

Schedule VI.—continued.

Article XV

Interim Arrangements

(a) Unless and until the Organisation, in accordance with the Convention on the Intergovernmental Maritime Consultative Organisation signed at Geneva on the 6th March, 1948, takes over the duties assigned to it under the present Convention, the following provisions shall apply:—

(i) All duties which are assigned to the Organisation, other than those set forth in Article IX, shall he carried out by the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter called the Government of the United Kingdom) ,

(ii) Amendments to the present Convention may be proposed at any time by any Contracting Government to the Government of the United Kingdom and such proposals shall be communicated by the latter to the other Contracting Governments for their consideration and acceptance. If any such amendment is unanimously accepted by the Contracting Governments, the present Convention shall be amended accordingly.

(iii) A Conference for the purpose of revising the present Convention shall be convened by the Government of the United Kingdom whenever, after the present Convention has been in force for five years, one-third of the Contracting Governments express a desire to that effect.

(iv) The present Convention shall be deposited in the archives of the Government of the United Kingdom, which shall transmit certified true copies thereof to all Signatory Governments.

(b) When the Organisation takes over the duties assigned to it under the present Convention, the Government of the United Kingdom will transmit to the Organisation any documents which have been deposited with or received by the Government of the United Kingdom under the present Convention.

CHAPTER I.—GENERAL PROVISIONS

Part A.—Application, Definitions, &c.

Regulation 1

Application

(a) Unless expressly provided otherwise, the present Regulations apply only to ships engaged on international voyages.

(b) The classes of ships to which each Chapter applies are more precisely defined, and the extent of the application is shown, in each Chapter.

Regulation 2

Definitions

For the purpose of the present Regulations, unless expressly provided otherwise:—

(a) “Regulations” means the Regulations referred to in Article I (a) of the present Convention.

(b) “Administration” means the Government of the country in which the ship is registered.

(c) “Approved” means approved by an Administration.

(d) “International voyage” means a voyage from a country to which the present Convention applies to a port outside such country, or conversely; and for this purpose every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country.

(e) A passenger is every person other than:—

(i) the master and the members of the crew or other persons employed on engaged in any capacity on board a ship on the business of that ship; and

(ii) a child under one year of age.

 

Schedule VI.—continued.

(f) A passenger ship is a ship which carries more than 12 passengers.

(g) A cargo ship is any ship which is not a passenger ship.

(h) A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.

(i) “New ship” means a ship the keel of which is laid on or after the date of coming into force of the present Convention.

(j) “Existing ship” means a ship which is not a new ship,

(k) A mile is 6,080 feet or 1,852 metres.

Regulation 3

Exceptions

(a) The present Regulations, unless expressly provided otherwise, do not apply to:—

(i) Ships of war and troopships.

(ii) Cargo ships of less than 500 tons gross tonnage.

(iii) Ships not propelled by mechanical means.

(iv) Wooden ships of primitive build, such as dhows, junks, &c.

(v) Pleasure yachts not engaged in trade.

(vi) Fishing vessels.

(b) Notwithstanding any provisions of the present Regulations, nothing herein shall apply to ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal at Montreal in the Province of Quebec, Canada.

Regulation 4

Exemptions

(a) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Regulations provided that it complies with safety requirements which are adequate in the opinion of the Administration for the voyage which is to be undertaken by the ship.

(b) Each Administration shall submit to the Organisation as soon as possible after the 1st of January each year a report showing the number of voyages of this nature for which exemptions have been granted in the previous calendar year.

Regulation 5

Equivalents

(a) Where in the present Regulations it is provided that a particular fitting, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular arrangement shall be adopted, an Administration may accept in substitution therefor any other fitting, appliance or apparatus, or type thereof, or any other arrangement, provided that the Administration shall have been satisfied by suitable trials that the fitting, appliance or apparatus, or type thereof, or the arrangement substituted is at least as effective as that specified in the present Regulations.

(b) Any Administration which so accepts, in substitution, a fitting, appliance or apparatus, or type thereof, or other arrangement, shall inform the Organisation, and, upon request, shall communicate to the Organisation particulars thereof together with a report on the trials made.

Part B.—Surveys and Certificates

Regulation 6

Inspection and Survey

The inspection and survey of ships, so far as regards the enforcement of the provisions of the present Regulations and the granting of exemptions therefrom, shall be carried out by officers of the country in which the ship is registered, provided that the Government of each country may entrust the inspection and survey either to surveyors nominated for the purpose or to organisations recognised by it. In every case the Government concerned fully guarantees the completeness and efficiency of the inspection and survey.

 

Schedule VI.—continued.

Regulation 7

Initial and Subsequent Surveys of Passenger Ships

(a) A passenger ship shall be subjected to the surveys specified below: —

(i) A survey before the ship is put in service,

(ii) A periodical survey once every 12 months.

(iii) Additional surveys, as occasion arises.

(b) The surveys referred to above shall be carried out as follows: —

(i) The survey before the ship is put in service shall include a complete inspection of its structure, machinery and equipments, including the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure that the arrangements, material, and scantlings of the structure, boilers and their appurtenances, main and auxiliary machinery, electrical installation, radio installation, life saving appliances, fire detecting and extinguishing appliances, and other equipments, fully comply with the requirements of the present Convention, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall also be such as to ensure that the workmanship of all parts of the ship and its equipments is in all respects satisfactory.

(ii) The periodical survey shall include an inspection of the structure, boilers, machinery and equipments, including the outside of the ship’s bottom. The survey shall be such as to ensure that the ship, as regards the structure, boilers and their appurtenances, main and auxiliary machinery, electrical installation, radio installation, life saving appliances, fire detecting and extinguishing appliances, and other equipments, is in satisfactory condition and fit for the service for which it is intended, and that it complies with the requirements of the present Convention, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(iii) A survey either general or partial, according to the circumstances, shall be made every time an accident occurs or a defect is discovered which affects the safety of the ship or the efficiency or completeness of its life saving appliances or other equipments, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all respects with the provisions of the present Convention and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(c)(i) The laws, decrees, orders and regulations referred to in paragraph (b) shall be in all respects such as to ensure that, from the point of view of safety of life, the ship is fit for the service for which it is intended.

(ii) They shall among other things prescribe the requirements to be observed as to the initial and subsequent hydraulic tests to which the main and auxiliary boilers, connections, steam pipes, high pressure receivers, and fuel tanks for internal combustion engines are to be submitted, including the test pressure to he applied and the intervals between two consecutive tests.

(d) The main and auxiliary boilers, connections, tanks and receivers, also steam-piping of more than 3 inches (or 76 millimetres) internal diameter shall be satisfactorily tested by hydraulic pressure when new. Steam pipes of more than 3 inches (or 76 millimetres) internal diameter shall be tested by hydraulic pressure periodically.

Regulation 8

Surveys of Life Saving Appliances and other Equipments of Cargo Ships

The life saving and fire extinguishing appliances of cargo ships to which Chapters II and III of the present Regulations apply shall be subject to

 

Schedule VI.—continued.

initial and subsequent surveys as provided for passenger ships in paragraph (a) of Regulation 7 with the substitution of 24 months for 12 months in subparagraph (a) (ii), and in paragraph (b) of that Regulation so far as it relates to life saving and fire extinguishing appliances. The lights and means of making sound signals and distress signals carried by the ship shall also be included in the surveys for the purpose of ensuring that they comply fully with the requirements of the present Convention and the International Collision Regulations.

Regulation 9

Surveys of Radio Installations of Cargo Ships

The radio installations of cargo ships to which Chapter IV of the present Regulations applies shall be subject to initial and subsequent surveys as provided for passenger ships in paragraph (a) of Regulation 7 and in paragraph (b) of that Regulation so far as it relates to radio installations.

Regulation 10

Maintenance of Conditions after Survey

After any survey of the ship under Regulation 7, 8 or 9 has been completed, no change shall be made in the structural arrangements, machinery, equipments, &c., covered by the survey, without the sanction of the Administration.

Regulation 11

Issue of Certificates

(a)(i) A certificate called a Safety Certificate shall be issued after inspection and survey to a passenger ship which complies in an efficient manner with the requirements of Chapters II, III, and IV and any other relevant requirements of the present Regulations.

(b) Each of the contributing Governments has the right to alter or discontinue its contribution, and other Contracting Governments may undertake to contribute to the expense. The contributing Government which avails itself of this right will continue responsible for its current contribution up to

 

Schedule VI.—continued.

the 1st September following the date of giving notice of intention to alter or discontinue its contribution.To take advantage of the said right it must give notice to the managing Government at least six months before the said 1st September.

(c) If, at any time, the United States Government should desire to discontinue these services, or if one of the contributing Governments should express a wish to relinquish responsibility for its pecuniary contribution, or to have its contribution altered, or another Contracting Government should desire to undertake to contribute to the expense, the contributing Governments shall settle the question in accordance with their mutual interests.

(d) The contributing Governments shall have the right by common consent to make from time to time such alterations in the provisions of this Regulation and of Regulation 5 as appear desirable.

(e) Where this Regulation provides that a measure may be taken after agreement among the contributing Governments, proposals made by any Contracting Government for effecting such a measure shall be communicated to the managing Government which shall approach the other contributing Governments with a view to ascertaining whether they accept such proposals, and the results of the enquiries thus made shall be sent to the other contributing Governments and the Contracting Government making the proposals. In particular, the scale of contributions to the cost of the services to be made by the Contracting Governments specially interested shall be reviewed by those Governments in consultation at intervals not exceeding three years. The managing Government shall initiate the action necessary to this end.

Regulation 7

Speed Near Ice

When ice is reported on or near his course the master of every ship at night is bound to proceed at a moderate speed or to alter his course so as to go well clear of the danger zone.

Regulation 8

North Atlantic Routes

(a) The practice of following recognised routes across the North Atlantic in both directions has contributed to safety of life at sea and should be recommended to all ships.

(b) The selection of the routes and the initiation of action with regard to them is left to the responsibility of the shipping companies concerned. The Contracting Governments will assist the companies, when requested to do so, by placing at their disposal any information bearing on the routes which may be in the possession of the Governments.

(c) The Contracting Governments undertake to impose on the companies the obligation to give public notice of the regular routes which they propose their ships should follow, and of any changes made in these routes; they will also use their influence to induce the owners of all ships crossing the Atlantic to follow, so far as circumstances will permit, the recognised routes, and to induce the owners of all ships crossing the Atlantic bound to or from ports of the United States or Canada via the vicinity of the Grand Banks of Newfoundland to avoid, as far as practicable, the fishing banks of Newfoundland north of latitude 43° N. during the fishing season, and to pass outside regions known or believed to be endangered by ice.

(d) The Government managing the ice patrol service is requested to report to the Administration concerned any ship which is observed not to be on any regular, recognised or advertised route, or which crosses the above-mentioned fishing banks during the fishing season, or which, when proceeding to or from parte of the United States or Canada, passes through regions known or believed to be endangered by ice.

 

Schedule VI.—continued.

Regulation 9

Misuse of Distress Signals

The use of an international distress signal, except for the purpose of indicating that a ship or aircraft is in distress, and the use of any signal which may be confused with an international distress signal, are prohibited on every ship or aircraft.

Regulation 10

Distress Messages—Procedure

(a) The master of a ship at sea, on receiving a signal from any source that a ship or aircraft or survival craft thereof is in distress, is bound to proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so. If he is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, he must enter in the logbook the reason for failing to proceed to the assistance of the persons in distress.

(b) The master of a ship in distress, after consultation, so far as may be possible, with the masters of the ships which answer his call for assistance, has the right to requisition such one or more of those ships as he considers best able to render assistance, and it shall be the duty of the master or masters of the ship or ships requisitioned to comply with the requisition by continuing to proceed with all speed to the assistance of persons in distress.

(c) The master of a ship shall be released from the obligation imposed by paragraph (a) of this Regulation when he learns that one or more ships other than his own have been requisitioned and are complying with the requisition.

(d) The master of a ship shall be released from the obligation imposed by paragraph (a) of this Regulation, and, if his ship has been requisitioned, from the obligation imposed by paragraph (b) of this Regulation, if he is informed by the persons in distress or by the master of another ship which has reached such persons that assistance is no longer necessary.

(e) The provisions of this Regulation do not prejudice the International Convention for the unification of certain rules with regard to Assistance and Salvage at Sea, signed at Brussels on the 23rd September, 1910, particularly the obligation to render assistance imposed by Article 11 of that Convention.

Regulation 11

Signalling Lamps

All ships of over 150 tons gross tonnage, when engaged on international voyages, shall have on board an efficient daylight signalling lamp.

Regulation 12

Direction-Finding Apparatus

(a) All ships of 1,600 tons gross tonnage and upwards, when engaged on international voyages, shall be fitted with direction-finding apparatus complying with the provisions of Regulation 12 of Chapter IV, but the provision of such apparatus on ships between 1,600 and 5,000 tons gross tonnage may be deferred for a period of 2 years from the date on which the present Convention comes into force if in the opinion of the Administration this is necessary.

(b) An Administration may, in areas where it considers it unreasonable or unnecessary for such apparatus to be carried, exempt any ships under 5,000 tons gross tonnage from this requirement, due regard being had to the fact that direction-finding apparatus is of value both as a navigational instrument and as an aid to locating ships, aircraft or survival craft.

Regulation 13

Manning

The Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently and efficiently manned.

 

Schedule VI.—continued.

Regulation 14

Aids to Navigation

The Contracting Governments undertake to arrange for the establishment and maintenance of such aids to navigation, including radio beacons and electronic aids as, in their opinion, the volume of traffic justifies and the degree of risk requires, and to arrange for information relating to these aids to be made available to all concerned.

Regulation 15

Search and Rescue

(a) Each Contracting Government undertakes to ensure that any necessary arrangements are made for coast watching and for the rescue of persons in distress at sea round its coasts. These arrangements should include the establishment, operation and maintenance of such maritime safety facilities as are deemed practicable and necessary having regard to the density of the seagoing traffic and the navigational dangers and should, so far as possible, afford adequate means of locating and rescuing such persons.

(b) Each Contracting Government undertakes to make available information concerning its existing rescue facilities and the plans for changes therein, if any.

Regulation 16

Life-Saving Signals

The following signals shall be used by life-saving stations when communicating with ships in distress and by ships in distress when communicating with life-saving stations:—

(a) Replies from shore station to distress signals made by a ship:_

Signal

Signification

—By day—White smoke signal.

“You are seen—assistance will be given as soon as possible.”

By night—White star rocket.

(b) Landing signals for the guidance of small boats bringing away the crew of a wrecked ship:—

Signal

Signification

—By day—Vertical motion of a white flag or the arms.

By night—Vertical motion of a white light or flare. A range (indication of direction) may be given by placing a steady white light or flare lower and in line with the observer.

“This is the best place to land.”

—By day—Horizontal motion of a white flag or arms extended horizontally.

By night—Horizontal motion of a white light or flare.

“Landing here highly dangerous.”

—By day—Horizontal motion of a white flag, followed by the placing of the white flag in the ground and the carrying of another white flag in the direction to be indicated.

By night—Horizontal motion of a white light or flare, followed by the placing of the white light or flare on the ground and the carrying of another white light or flare in the direction to be indicated.

“Landing here highly dangerous. A more favourable location to land is in the direction indicated.”

 

Schedule VI.—continued.

(c) Signals to be employed in connexion with the use of shore life-saving apparatus:—

Signal

Signification

—By day—Vertical motion of a white flag or the arms.

By night—Vertical motion of a white light or flare.

In general— “Affirmative.”

Specifically: —

“Rocket line is held.”

“Tail block is made fast.”

“Hawser is made fast.”

“Man is in the breeches buoy.”

“Haul away.”

—Byday—Horizontal motion of a white flag or arms extended horizontally.

By night—Horizontal motion of a white light or flare.

In general—“Negative.” Specifically: —

“Slack away.”

“Avast hauling.”

Regulation 17

Pilot Ladders

All ships engaged on voyages in which pilots are likely to be embarked should comply with the following requirements respecting pilot ladders: —

(a) The ladder should be kept in good order and used as far as possible only for embarking and disembarking pilots and other officials while a ship is arriving at or leaving a port.

(b) The ladder should be of adequate length and strength.

(c) The treads should be of adequate width.

(d) Two man-ropes, properly secured, should, where circumstances so require, be used in conjunction with the ladders.

(e) Arrangements should be such that the pilot can safely pass from the head of the ladder to the ship’s deck.

(f) Spreaders at suitable intervals should be provided, if necessary, to prevent the ladder twisting.

(g) At night, a light shining overside should be available and used.

CHAPTER VI.—CARRIAGE OF GRAIN AND DANGEROUS GOODS

Regulation 1

Application

Unless expressly provided otherwise, this Chapter applies to ships to which the present Regulations apply.

Regulation 2

Carriage of Grain

(a) The term “grain” includes wheat, maize (corn), oats, rye, barley, rice, pulses, and seeds.

(b) Where grain is loaded in a ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting.

(c) Any compartment which is entirely filled with loose grain in bulk shall be:—

(i) fed by properly constructed feeders which shall contain not less than 2½ per cent. nor more than 8 per cent. of the capacity of the compartment served, and

(ii) divided by a longitudinal bulkhead or shifting boards, which shall be properly secured and fitted grain tight with proper fillers (fillings) between the beams. In holds such shifting boards shall extend downwards from the underside of the deck to a distance of at least one-third of the depth of the hold or 8 feet, whichever is the greater. In ’tween deck compartments they shall extend from deck to deck. In all cases they shall extend to the top of the feeders of the hold or compartment in which they are situated.

 

Schedule VI.—continued.

(d) In any compartment which is partially filled with loose grain in bulk, the grain shall be levelled and topped off with bagged grain or other suitable cargo extending to a height of not less than 4 feet above the top of the loose grain in bulk and supported on suitable platforms laid over the whole surface of the loose grain in bulk. In addition, the compartment shall be divided by a longitudinal bulkhead or shifting boards in line with the keel which shall extend from the bottom of the hold or deck as the case may be to a height sufficient to prevent the shifting of the loose grain in bulk. The fitting of a longitudinal bulkhead or shifting boards shall not be required if the grain in bulk does not exceed one-third the capacity of the compartment or, in the case of a compartment divided by a shaft tunnel, one-half the capacity of that compartment.

(e) Loose grain in bulk other than oats, light barley, and cotton seed shall not be carried in the ’tween decks of a two-deck ship, or in the uppermost ’tween decks of ships having more than two decks, except in properly constructed feeders as necessary for feeding the lower compartments. Loose grain in bulk may be carried in positions not otherwise permitted under this Regulation provided that:—

(i) It is carried in one or more bins, which shall be properly constructed and provided with feeders in accordance with the provisions of paragraph (c) (i) .

(ii) The hold or compartment below the bin or bins is properly battened down, clear of the feeder to such hold or compartment.

(iii) The quantity of grain so carried does not exceed the capacity fixed by the Administration.

(f) Each Administration may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any of the requirements of paragraphs (c) and (d) of this Regulation unreasonable or unnecessary, exempt from those particular requirements individual ships or classes of ships.

Regulation 3

Carriage of Dangerous Goods

(a) The term “dangerous goods” includes:—

(i) explosives;

(ii) compressed, liquefied and dissolved gases;

(iii) corrosives;

(iv) poisons;

(v) substances giving off inflammable vapours;

(vi) substances which become dangerous by interaction with water or air;

(vii) strong oxidising agents;

(viii) substances which are liable to spontaneous combustion;

(ix) any other substance which experience has shown, or may show, to be of such a dangerous character that the provisions of this Regulation should apply to it.

(b) The carriage of dangerous goods is prohibited except in accordance with the provisions of this Regulation.

(c) Explosives other than the following may not be carried on passenger ships:—

(i) safety cartridges and safety fuses;

(ii) small quantities of explosives not exceeding 20 lbs. in the aggregate;

(iii) explosives up to a total of 10 cwt. in approved packages on the deck of a passenger ship on a short voyage.

(d) Notwithstanding the provisions of paragraph (c), explosives may be carried on passenger ships on which there are special approved safety measures.

(e) On ships carrying inflammable liquids adequate precautions shall be taken against fire or explosion.

(f) Substances which are liable to spontaneous combustion (including fodder and other vegetable products especially if damp) shall not be carried unless adequate precautions have been taken to prevent outbreak of fire.

 

Schedule VI.—continued.

(g) Dangerous goods tendered to a ship for transportation shall be accompanied by a written statement by the shipper correctly describing the shipment according to the classification used in paragraph (a) of this Regulation.

(h) Except for parcels of mixed chemicals in limited quantities, shipments of dangerous goods shall be marked with a distinctive label or stencil which shall indicate their dangerous character. Each package of the shipment shall be so marked except in the case of a large shipment which can be stowed and identified as a unit.

(i) Each ship carrying dangerous goods shall carry a special list setting forth, in accordance with paragraph (a) of this Regulation, the dangerous goods on board.

(j) Each Contracting Government shall issue, or cause to be issued, detailed rules to supplement the provisions of this Regulation. Such detailed rules shall provide for the packing and stowage of dangerous goods when carried with other commodities, and for the stowage of various categories of dangerous goods.

(k) The provisions of this Regulation do not apply to ship’s stores and equipment.

 

Appendix

 

Form of Safety Certificate for Passenger Ships

SAFETY CERTIFICATE

(Official Seal) (Country)

for

an

international voyage

a short

 

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1948

Name of Ship

Distinctive Number or Letters

Port of Registry

Gross Tonnage

Particulars of voyages, if any, sanctioned under Regulation 22 (c) of Chapter III

The

(Name) Government certifies

I, the undersigned

(Name) certify

I. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Convention referred to above.

II. That the survey showed that the ship complied with the requirements of the Regulations annexed to the said Convention as regards:—

(1) the structure, main and auxiliary boilers and machinery;

(2) the watertight subdivision arrangements and details;

 

Schedule VI.—continued.

(3) the following subdivision loadlines:—

Subdivision loadlines assigned and marked on the ship’s side at amidships (Regulation 10 of Chapter ii)

Freeboard

To apply when the spaces in which passengers are carried include the: following alternative spaces

c. 1

..

..

c. 2

..

..

c. 3

..

..

III. That the life-saving appliances provide for a total number of............................................persons and no more, viz.:—

...............................lifeboats (including ………………........................... motor lifeboats ormechanically propelled lifeboats) capable of accommodating ...........persons, and........... motor lifeboats fitted with radiotelegraph installation and searchlight (included in the total lifeboats shown above) , requiring ....................................... certificated lifeboatmen;

.............................. liferafts capable of accommodating ......................................persons;

.............................. buoyant apparatus capable of supporting..............................persons;

.............................. lifebuoys;

.............................. lifejackets;

IV. That the lifeboats were equipped in accordance with provisions of the Regulations.

V. That the ship was provided with a line-throwing appliance and lifeboat portable radio apparatus in accordance with the provisions of the Regulations.

VI. That the ship complied with the requirements of the Regulations as regards radiotelegraph installations, viz.: —

—

Requirements of Regulation

Actual provision

Hours of listening by operator...................

..

..

Number of operators.................................

..

..

Whether auto-alarm fitted..........................

..

..

Whether main installation fitted.................

..

..

Whether emergency installation fitted........

..

..

Whether main and emergency transmitters electrically separated or combined........

..

..

Whether direction-finder fitted..................

..

..

Number of passengers for which certificated

..

..

VII. That the ship complied with the requirements of the Regulations, as regards fire-detecting and fire-extinguishing appliances and was provided with navigation lights and shapes, and means of making sound signals and distress signals, in accordance with the provisions of the Regulations and also the International Collision Regulations.

VIII. That in all other respects the ship complied with the requirements of the Regulations, so far as these requirements apply thereto.

This certificate is issued under the authority of the Government. It will remain in force until  

Issued at the day of 19 .

 

Schedule VI.—continued.

Here follows the seal or signature of the authority entitled to issue the certificate.

(Seal)

If signed, the following paragraph is to be added:—

The undersigned declares that he is duly authorised by the said Government to issue this Certificate.

(Signature)

Form of Certificate for Cargo Ships

SAFETY EQUIPMENT CERTIFICATE

(Official Seal) (Country)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1948

Name of Ship

Distinctive Number or Letters

Port of Registry

Gross Tonnage

The

(Name) Government certifies

I, the undersigned

(Name) certify

I. That the above-mentioned ship has been duly inspected in accordance with the provisions of the Convention referred to above.

II. That the inspection showed that the life-saving appliances provide for a total number of.......................persons and no more, viz.:—

........................lifeboats on port side capable of accommodating...................persons.

........................lifeboatsonstarboardsidecapableofaccommodating........................persons.

........................motor lifeboats and/or mechanically propelled lifeboats

(included in the total lifeboats shown above) .

........................lifebuoys.

........................lifejackets.

III. That the lifeboats were equipped in accordance with the provisions of the Regulations annexed to the Convention.

IV. That the ship was provided with a line-throwing apparatus and lifeboat portable radio apparatus in accordance with the provisions of the Regulations.

V. That the inspection showed that the ship complied with the requirements of the said Convention as regards fire-extinguishing appliances and was provided with navigation lights and shapes and means of making sound signals and distress signals, in accordance with the provisions of the Regulations and the International Collision Regulations.

VI. That in all other respects the ship complied with the requirements of the Regulations so far as these requirements apply thereto.

This certificate is issued under the authority of the Government.It will remain in force until

Issued at the  day of 19 .

Here follows the seal or signature of the authority entitled to issue the certificate.

(Seal)

If signed, the following paragraph is to be added:—

The undersigned declares that he is duly authorised by the said Government to issue this Certificate.

(Signature)

 

Schedule VI.—continued.

Form of Safety Radiotelephony Certificate

SAFETY RADIOTELEPHONY CERTIFICATE

(Official Seal) (Country)

Issued under the provisions of the

International Convention for the Safety of Life at Sea. 1948

Name of Ship

Distinctive Number or Letters

Port of Registry

Gross Tonnage

The

(Name) Government certifies

I, the undersigned,

(Name) certify

That the above-mentioned ship complies with the provisions of the Regulations annexed to the Convention referred to above as regards Radiotelephony:—

—

Requirements of Regulations

Actual provision

Hours of listening by operator...............................

..

..

Number of operators.............................................

..

..

This certificate is issued under the authority of the

Government. It will remain in force until

Issued at the day of 19.

Here follows the seal or signature of the authority entitled to issue this certificate.

(Seal)

If signed, the following paragraph, is to be added:—

The undersigned declares that he is duly authorised by the said Government to issue this Certificate.

(Signature)

Form of Safety Radiotelegraphy Certificate

SAFETY RADIOTELEGRAPHY CERTIFICATE

(Official Seal) (Country)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1948

Name of Ship

Distinctive Number or Letters

Port of Registry

Gross Tonnage

The

(Name) Government certifies

I, the undersigned,

(Name) certify

 

Schedule VI.—continued.

That the above-mentioned ship complies with the provisions of the Regulations annexed to the Convention referred to above as regards Radio-telegraphy:—

—

Requirements of Regulations

Actual provision

Hours of listening by operator...............................

..

..

Number of operators.............................................

..

..

Whether autoalarm fitted.......................................

..

..

Whether main installation fitted.............................

..

..

Whether emergency installation fitted.......................

Whether main and emergency transmitters.............

..

..

electrically separated or combined.........................

..

..

Whether direction finder fitted...............................

..

..

This certificate is issued under the authority of the

Government. It will remain in force until

Issued at the day of 19.

Here follows the seal or signature of the authority entitled to issue this

certificate.

(Seal)

If signed, the following paragraph is to be added:—

The undersigned declares that he is duly authorised by the said Government to issue this Certificate.

(Signature)

Form of Exemption Certificate

EXEMPTION CERTIFICATE

(Official Seal) (Country)

Issued under the provisions of the

International Convention for the Safety of Life at Sea, 1948

Name of Ship

Distinctive Number or Letters

Port of Registry

Gross Tonnage

The

(Name) Government certifies

I, the undersigned

(Name) certify

That the above-mentioned ship is, under the authority conferred by Regulation........................of Chapter........................of the Regulations annexed to the Convention referred to above, exempted from the requirements of  ...............................................................of the Convention on the voyages..............................................................to...................................................................................

* Insert here the conditions, if any, on which the exemption certificate is granted.

*

This certificate is issued under the authority of the Government.It will remain in force until

Issued at the day of 19.

Here follows the seal or signature of the authority entitled to issue this

certificate.

(Seal)

If signed, the following paragraph is to be added:—

The undersigned declares that he is duly authorised by the said Government to issue this Certificate.

(Signature)

  Insert here references to Chapters and Regulations, specifying particular paragraphs.

 

Saving of existing certificates during transition period.

40.—(1.) A certificate of survey or a certificate of equipment in force for the purposes of the Principal Act at the commencement of this section has the same effect for the purposes of the Principal Act as amended by this Act as a certificate of survey or a certificate of equipment, as the case may be, issued under section one hundred and ninety-four of the Principal Act as amended by this Act.

(2.) Where. immediately before the commencement of this section, there was in force in respect of a ship registered in Australia a certificate to which this sub-section applies—

(a) that certificate remains in force as if this Act had not been passed ; and

(b) the amendments made to the Principal Act by this Act, other than the amendment made by sub-section (2.) of section thirty of this Act. do not apply to or in relation to that ship, or the master, owner, agent or charterer of that ship, until that certificate ceases to be in force.

(3.) The Minister may at any time revoke a certificate to which the last preceding sub-section applies.

(4.) Sub-section (2.) of this section applies to a certificate which, for the purposes of section two hundred and six c of the Principal Act, was a general safety certificate, a short voyage safety certificate, a qualified safety certificate, a passenger steamship exemption certificate, a wireless telegraphy certificate or a wireless telegraphy exemption certificate.

(5.) Where, at any time within a period of two years after the commencement of this section, there is in force in respect of a ship not registered in Australia a certificate to which this sub-section applies, the amendments made to the Principal Act by this Act, other than the amendment made by sub-section (2.) of section thirty of this Act, do not apply to or in relation to that ship, or the master, owner, agent or charterer of that ship, until—

(a) the expiration of that period of two years ;

(b) the certificate ceases to be in force ; or

(c) the operation of the certificate is suspended by the Minister under the next succeeding sub-section,

whichever first occurs.

(6.) The Minister may at any time suspend the operation of a certificate to which the last preceding sub-section applies.

(7.) Sub-section (5.) of this section applies to a certificate—

(a) which was issued before the commencement of this section and was, immediately before that commencement, a valid Safety Convention certificate for the purposes of the Principal Act: or

 

(b) which was issued after that commencement and would, if it had been in force immediately before that commencement, have been a valid Safety Convention certificate for the purposes of the Principal Act.

Saving of regulations

41.

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