Navigation Act 1965 (Cth)

Navigation

No. 1 of 1965

An Act relating to Navigation and Shipping.

[Assented to 31 March, 1965]

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 1965.

(2.) The Navigation Act 1912–1961 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 1912–1965.

Commencement.

2.—(1.) This Act shall come into operation on a date to be fixed by Proclamation.

(2.) Each section inserted in the Principal Act by this Act shall come into operation on the date on which this Act comes into operation.

 

Application of Act.

3. Section two of the Principal Act is amended by adding at the end thereof the following word and paragraph:—

“; or (d) belongs to, or is in the control of, the Commonwealth and is included in a prescribed class of ships.”.

Parts.

4. Section five of the Principal Act is amended—

(a) by omitting the words and figures—

“Division 2.—The Superintendent (Section 13).”

and inserting in their stead the words and figures—

“Division 2.—Mercantile Marine Offices and Superintendents (Sections 13–13a).”;

(b) by omitting the words and figures—

“Division 10.—Seamen’s Wages (Sections 69–94).”

and inserting in their stead the words and figures—

“Division 10.—Seamen’s Wages (Sections 70–94).”;

(c) by omitting the words and figures—

“Division 9.—Anchors, Chain Cables, and Gear (Sections 236–247).”; and

(d) by omitting the words and figures—

“Part V.—Passengers (Sections 270–283).”

and inserting in their stead the words and figures—

“Part V.—Passengers (Sections 270–282).”.

Interpretation.

5. Section six of the Principal Act is amended—

(a)by omitting from the definition of “Commonwealth country” in sub-section (1.) the word “Malaya” and inserting in its stead the word “Malaysia”;

(b) by omitting from the definition of “equipment” in sub-section (1.) the words “loading and discharging” and inserting in their stead the words “loading or unloading, or otherwise handling,”; and

(c) by inserting after the definition of “officer of Customs” in sub-section (1.) the following definition:—

“‘officer of police’ means a Commonwealth Police Officer or a member of the police force of a State or of a Territory of the Commonwealth;”.

 

Taking of ships to sea.

6. Section six d of the Principal Act is amended—

(a) by inserting after the word “Act” the words “but subject to the next succeeding sub-section”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) A ship shall not be deemed, for the purposes of this Act, to have been taken or sent to sea, or to have gone or proceeded to sea, by reason only that the ship has been got under way for the purpose of moving the ship from one berth or place in a port to another berth or place in the port.”.

7. Division 2 of Part II. of the Principal Act is repealed and the following Division inserted in its stead:—

“Division 2.—Mercantile Marine Offices and Superintendents.

Mercantile Marine Offices.

“13. The Minister may, by notice in the Gazette—

(a) establish a Mercantile Marine Office in any port; or

(b) discontinue a Mercantile Marine Office so established.

Superintendents.

“13a. The Minister shall, by notice in the Gazette, appoint at each Mercantile Marine Office a superintendent and may, by notice in the Gazette, appoint at a Mercantile Marine Office a deputy superintendent or such deputy superintendents as he thinks fit.”.

Certificates of competency.

8. Section fifteen of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “granted”, the words “by the Minister”; and

(b) by omitting from paragraph (a) of sub-section (3.) the words “the grade next higher to that of which he is the holder” and inserting in their stead the words “another grade or sub-grade”.

Issue of certificates.

9. Section eighteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Where—

(a) a person is the holder of a certificate delivered to him under this section;

(b) the person is entitled to have a certificate of another grade or sub-grade delivered to him under this section; and

 

(c) the person will, upon becoming the holder of that other certificate, be required, by virtue of regulations under sub-section (2.) of section fifteen of this Act. to be deemed to be the holder of a certificate of the grade or sub-grade of that first-mentioned certificate,

the Minister may, before delivery of the other certificate to the person, require the person to surrender that first-mentioned certificate to the Minister.”.

Permits to serve.

10. Section eighteen a of the Principal Act is amended by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Where, but for sub-section (1.) of this section, a person would be eligible for a certificate as first class engineer or a certificate of a sub-grade of that grade of certificate, the Minister may grant to that person a permit to serve on ships registered in Australia as first class engineer or as first class engineer of the appropriate sub-grade, as the case requires, and, for the purposes of this Act, the holder of such a permit shall, in relation to a ship registered in Australia, be deemed to be the holder of a certificate as first class engineer or a certificate of that sub-grade, as the case may be.”.

Certificates of service.

11. Section eighteen b of the Principal Act is amended—

(a) by adding at the end of sub-section (2.) the words “or a certificate of service corresponding with such sub-grade of a certificate of competency as first class engineer as the Minister considers appropriate”;

(b) by adding at the end of sub-section (3.) the words “or a certificate of service corresponding with such sub-grade of a certificate of competency as second class engineer as the Minister considers appropriate”;

(c) by omitting from paragraph (b) of sub-section (5.) the word “and”; and

(d) by adding at the end of sub-section (5.) the following word and paragraph:—

“;and (d) a certificate of service granted under this section that corresponds with a sub-grade of a certificate of competency as first class engineer, or with a sub-grade of a certificate of competency as second class engineer, shall be deemed to be a certificate of competency of that sub-grade.”.

 

Approval by superintendent.

12. Section forty-five a of the Principal Act is amended by omitting sub-section (8.).

Appeal against refusal of superintendent.

13. Section forty-five b of the Principal Act is amended—

(a) by adding at the end of paragraph (b) of sub-section (5.) the word “and”; and

(b) by omitting paragraph (c) of sub-section (5.).

Engagement of seamen in Australia.

14. Section forty-six of the Principal Act is amended—

(a) by inserting in paragraph (a) of sub-section (2.), after the word “shall”, the words “,subject to the next succeeding sub-section,”;

(b) by inserting after sub-section (2.) the following subsection:—

“(2a.) The Minister may, if he is satisfied that there are special reasons for so doing, approve an agreement under this section between the master of a ship, not being a ship to which section one hundred and fifteen of this Act applies, and a seaman, being in a form other than that required by paragraph (a) of the last preceding sub-section.”; and

(c) by omitting sub-section (5.) and inserting in its stead the following sub-section:—

“(5.) A superintendent who attests an agreement entered into under this section shall deliver one part of the agreement to the master of the ship and shall retain the other part, which shall thereafter be dealt with in accordance with the directions of the Minister.”.

Changes in crew.

15. Section fifty-two of the Principal Act is amended by inserting in sub-section (1.), after the word “which”, the words “,otherwise than with the approval of a superintendent,”.

Certificate of clearance.

16. Section sixty a of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) The master of a ship shall not take the ship to sea from a port in which a Mercantile Marine Office has been established under section thirteen of this Act unless a certificate of clearance from that port has been issued under sub-section (2.) of this section in respect of the ship.

Penalty: Two hundred pounds.

 

“(1a.) Where application is made to an officer of Customs in respect of a ship for a clearance under the Customs Act 1901–1963 from a port referred to in the last preceding subsection, the officer of Customs may require the master of the ship to produce to him the certificate of clearance referred to in that sub-section, and the officer of Customs may refuse to grant the clearance under that Act, and the ship may be detained, until the certificate is produced to him.”.

Amendment of tub-heading.

17. The words “Advance and Allotment.”appearing before section sixty-nine of the Principal Act are omitted and the word “Allotment.” is inserted in their stead.

Advance of wages prohibited.

18. Section sixty-nine of the Principal Act is repealed.

Allotment of seamen’s wages.

19. Section seventy of the Principal Act is amended by omitting from sub-section (1.) the words “,before first going to sea in the ship, make stipulations, being stipulations approved by the superintendent at the port,” and inserting in their stead the words “make stipulations”.

Settlement of wages.

20. Section eighty of the Principal Act is amended by omitting from paragraph (a) the words “in the form prescribed” and inserting in their stead the words “,in the prescribed form or, except where the ship is registered in Australia or engaged in the coasting trade, in a form approved by the Minister,”.

Deserter may be apprehended.

21. Section one hundred and seven of the Principal Act is amended by omitting the words “or officer of Customs or police,” and inserting in their stead the words “officer of Customs or officer of police”.

List of deserters to be shown.

22. Section one hundred and eight of the Principal Act is repealed.

Wages of seamen left on shore sick or injured.

23. Section one hundred and thirty-two of the Principal Act is amended—

(a) by inserting after sub-section (4.) the following subsection:—

“(4a.) Where a seaman becomes entitled to receive wages under this section but dies before he ceases to be so entitled, the period in respect of which he is entitled so to receive wages is the period commencing on the day on which he was left on shore and ending on the day of his death.”; and

(b) by inserting in paragraph (c) of sub-section (6.), after the word “days”, the words “from and including the day on which he became so incapacitated”.

 

Accommodation.

24. Section one hundred and thirty-eight of the Principal Act is amended by omitting sub-section (8.) and inserting in its stead the following sub-section:—

“(8.) The regulations may make provision for or in relation to—

(a) the number of members of the Committee to constitute a quorum;

(b) the manner in which the Committee may exercise its powers and perform its functions;

(c) the manner in which the business and meetings of the Committee shall be conducted; and

(d) the payment of fees, allowances and expenses to members, and to deputies of members, of the Committee and to witnesses appearing before the Committee.”.

Persons not to board ship arriving.

25. Section one hundred and forty-five of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the words “or by a police officer, or by an officer of Customs” and inserting in their stead the words “,by an officer of Customs or by an officer of police”; and

(b) by omitting from sub-section (2.) the words “or of Customs or police,” and inserting in their stead the words “officer of Customs or officer of police”.

Exemption from serving on jury.

26. Section one hundred and forty-seven of the Principal Act is amended by omitting all the words after the word “serving” and inserting in their stead the words “as jurors, whether under the law of the Commonwealth or of a State or Territory of the Commonwealth”.

Interpretation.

27. Section one hundred and sixty-three of the Principal Act is amended by omitting from the definition of “distressed seaman” in sub-section (1.) the words “a foreign-going ship, an Australian-trade ship or a limited coast-trade ship” and inserting in their stead the words “a ship registered in Australia, or a foreign-going ship, Australian-trade ship or limited coast-trade ship not registered in Australia”.

Official log-book.

28. Section one hundred and seventy-one of the Principal Act is amended by inserting in sub-section (1.), after the word “make”, the words “,or cause to be made,”.

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

Offences in relation to official log-book.

“172.—(1.) A person shall not—

(a) wilfully destroy or mutilate an official log-book or an entry in an official log-book;

 

(b) wilfully render illegible an entry in an official log-book;

(c) wilfully make a false or fraudulent entry in, or an omission from, an official log-book; or

(d) sign an entry in an official log-book knowing the entry to be false or fraudulent.

“(2.) A person who contravenes the last preceding sub-section is guilty of an indictable offence.”.

Offences.

30. Section one hundred and seventy-nine of the Principal Act is amended—

(a) by omitting from column 2 of the table the words “Imprisonment for three months or a fine of Forty pounds” (first occurring) and inserting in their stead the words “A fine of Forty pounds”;

(b) by omitting from column 2 of the table the words “Imprisonment for ten days or a fine of Twenty pounds” (wherever occurring) and inserting in their stead the words “A fine of Twenty pounds”; and

(c) by omitting from column 2 of the table the words “Imprisonment for seven days or a fine of Ten pounds” and inserting in their stead the words “A fine of Ten pounds”.

Submersion of subdivision load lines.

31. Section one hundred and ninety-one aa of the Principal Act is amended—

(a)by omitting from sub-section (2.) the words “Five hundred pounds” and inserting in their stead the words “One thousand pounds”; and

(b) by omitting from sub-section (3.) the words “Five hundred pounds” and inserting in their stead the words “One thousand pounds”.

32. Section one hundred and ninety-three of the Principal Act is repealed and the following section inserted in its stead:—

Steamships to be surveyed periodically.

“193.—(1.) Subject to this Part, the owner of a steamship shall cause a part of the steamship that, under the regulations, is subject to survey to be surveyed at least once during each prescribed period.

Penalty: Two hundred and fifty pounds.

“(2.) For the purposes of the last preceding sub-section, ‘prescribed period’, in relation to a part of a steamship, means—

(a) a period of twelve months; or

(b) such longer period as, under the regulations, is applicable to that part of the steamship.”.

 

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

33. Section one hundred and ninety-eight of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The last preceding section does not apply to or in relation to the taking of a ship to sea on a voyage other than 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 voyage, as would, if the voyage were an international voyage, be required to be produced under section two hundred and six q or section two hundred and six r of this Act.”.

34. Sections two hundred and six q and two hundred and six r of the Principal Act are repealed and the following sections inserted in their stead:—

Production of certificates in respect of ships registered in Australia.

“206q. Where—

(a) application is made to an officer of Customs in respect of a ship registered in Australia for a clearance under the Customs Act 1901–1963 for an international voyage from a port in Australia; and

(b) the master of the ship would contravene section two hundred and six m or section two hundred and six n of this Act if he took the ship to sea on that voyage from that port without there being in force in respect of the ship a certificate or certificates as required by that section, and, where applicable, by the last preceding section,

the master of the ship shall produce to the officer of Customs the certificate or certificates so required, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to him.

Production of certificates in respect of Safety Convention ships.

“206R.—(1.) Where—

(a) application is made to an officer of Customs in respect of a Safety Convention ship for a clearance under the Customs Act 1901–1963 for an international voyage from a port in Australia; and

(b) the master of the ship would contravene section two hundred and six m or section two hundred and six n of this Act if the ship were registered in Australia and he took the ship to sea on that voyage from that port without there being in force in respect of the ship a certificate or certificates as required by that section, and, where applicable, by section two hundred and six p of this Act,

the master of the ship shall produce to the officer of Customs such valid Safety Convention certificate or valid Safety Convention certificates in respect of the ship as corresponds, or respectively

correspond, with that first-mentioned certificate or certificates, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the Safety Convention certificate is, or the Safety Convention certificates are, produced to him.

“(2.) The reference in the last preceding sub-section to a certificate or certificates required by section two hundred and six n of this Act shall be read as not including a reference to a certificate of a kind referred to in paragraph (b) of that section.”.

Ships not to proceed to sea without certificate.

35. Section two hundred and twenty-one of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) Where application is made to an officer of Customs in respect of a load line ship registered in Australia for a clearance or transire under the Customs Act 1901–1963 or the regulations in force under that Act, the officer of Customs may require the master of the ship to produce to him the certificate that, by this section, is required to be in force in respect of the ship when the ship proceeds to sea, and the officer of Customs may refuse to grant the clearance or transire, and the ship may be detained, until the certificate is produced to him.”.

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

Certificates of Convention ships to be produced when required by Customs officer.

“223a. Where application is made to an officer of Customs in respect of a Load Line Convention ship not registered in Australia for a clearance or transire under the Customs Act 1901–1963 or the regulations in force under that Act, the officer of Customs may require the master of the ship to produce to him—

(a) in a case where clearance is required for an international voyage—a valid Load Line Convention certificate in respect of the ship; or

(b) in any other case—a valid Load Line Convention certificate in respect of the ship or an Australian load line certificate that is in force in respect of the ship,

and the officer of Customs may refuse to grant the clearance or transire, and the ship may be detained, until the certificate is produced to him.”.

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

Certificates of ships not registered in Australia to be produced when required by a Customs officer.

“226a. Where application is made to an officer of Customs in respect of a load line ship (other than a ship registered in Australia or a Load Line Convention ship not registered in Australia) for a clearance or transire under the Customs Act

1901–1963 or the regulations in force under that Act, the officer of Customs may require the master of the ship to produce to him either an Australian load line certificate or a certificate having effect under this Act as such a certificate (being a certificate that is in force in respect of the ship), and the officer of Customs may refuse to grant the clearance or transire, and the ship may be detained, until the certificate required by this section is produced to him.”.

Musters and drills.

38. Section two hundred and thirty-five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The master of a ship registered in Australia or engaged in the coasting trade—

(a) shall ensure that musters, and boat drills, fire drills collision drills and other prescribed drills, are held in accordance with the regulations; and

(b) shall, in accordance with the regulations, make, or cause to be made, in the official log-book of the ship entries relating to the holding of such musters and drills and any failure to hold such a muster or drill.

Penalty: Two hundred and fifty pounds.”.

Repeal of Division 9 of Part IV.

39. Division 9 of Part IV. of the Principal Act is repealed.

Shipping of dangerous goods.

40. Section two hundred and forty-nine of the Principal Act is amended by omitting from sub-section (1.) the words “One hundred pounds” and inserting in their stead the words “One thousand pounds”.

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

False descriptions.

“253.—(1.) A person shall not knowingly send by or carry in any ship any dangerous goods under a false description. Penalty: One thousand pounds.

“(2.) Where any dangerous goods are on board a ship, or are to be placed on board a ship, a person shall not knowingly falsely describe the sender of the goods on any package containing the goods or in any document relating to the shipping of the goods.

Penalty: Five hundred pounds.”.

Minister may prohibit carriage of any cargo.

42. Section two hundred and fifty-four of the Principal Act is amended by omitting from sub-section (1.) the words “One hundred pounds” and inserting in their stead the words “One thousand pounds”.

 

Notice of intention to ship.

43. Section two hundred and fifty-five of the Principal Act is amended by omitting the words “One hundred pounds” and inserting in their stead the words “Five hundred pounds”.

Livestock.

44. Section two hundred and fifty-six of the Principal Act is amended by omitting the words “One hundred pounds” and inserting in their stead the words “Five hundred pounds”.

Bulk goods, ballast, &c.

45. Section two hundred and fifty-seven of the Principal Act is amended by omitting from sub-section (4.) the words “Three hundred pounds” and inserting in their stead the words “One thousand pounds”.

Accidents, &c., to be reported.

46. Section two hundred and sixty-eight of the Principal Act is amended by omitting the words “Where, during a voyage to a port in Australia or within the limits of Australia or the territorial waters of Australia, a ship—” and inserting in their stead the words “Where a ship registered in Australia, or where, during a voyage to a port in Australia or within the limits of Australia or the territorial waters of Australia, a ship not registered in Australia—”.

Returns by masters.

47. Section two hundred and eighty-three of the Principal Act is repealed.

Payment of Australian rates of wages.

48. Section two hundred and eighty-nine of the Principal Act is amended by omitting from sub-section (2.) all the words after the word “Australia,” (second occurring) and inserting in their stead the words “and the master of such a ship shall produce to the officer of Customs to whom application is made for a clearance under the Customs Act 1901–1963 for an international voyage from a port in Australia evidence to the satisfaction of that officer of such payment, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until such evidence is produced to him”.

Exercise of powers when receiver absent.

49. Section three hundred of the Principal Act is amended by omitting from sub-section (1.) the words “any collector, officer of police, justice, or commissioned officer in the naval or military service of the King or the Commonwealth” and inserting in their stead the words “a person employed in the Department of Shipping and Transport, an officer of Customs or an officer of police”.

Arrest of witness failing to appear.

50. Section three hundred and seventy a of the Principal Act is amended by omitting from sub-section (3.) the words “a person who is a member of the Police Force of a State or Territory of the Commonwealth or a Peace Officer holding office under the Peace Officers Act 1925” and inserting in their stead the words “an officer of police”.

 

Being on board a ship unlawfully.

51. Section three hundred and eighty-eight of the Principal Act is amended by omitting from sub-section (2.) the words “or an officer of Customs or police” and inserting in their stead the words”, an officer of Customs or an officer of police”.

Offences in connexion with certificates.

52. Section three hundred and eighty-nine a of the Principal Act is amended—

(a)by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) A person who contravenes the last preceding sub-section is guilty of an indictable offence.”; and

(b) by omitting sub-sections (6.) and (7.) and inserting in their stead the following sub-section:—

“(6.) In this section, ‘certificate’ means a certificate of competency granted under section fifteen of this Act, a permit granted under section eighteen a of this Act, a certificate of service granted under section eighteen b of this Act, a certificate referred to in section twenty-two or section twenty-four of this Act and a certified copy of such a certificate or permit.”.

Insubordination.

53. Section three hundred and ninety of the Principal Act is amended by omitting the words “police officer” and inserting in their stead the words “officer of police”.

Births, deaths, &c.

54. Section four hundred and seventeen of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the word “marries,”;

(b) by omitting from sub-section (2.) the word “marries,”; and

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

“(4.) A person who inquires into an occurrence under the last preceding sub-section shall—

(a) enter in the official log-book of the ship concerned a statement to the effect that, in his opinion, the record of the occurrence in the official log-book of the ship is correct or is not correct, as the case requires; and

(b) furnish a copy of the entry to the Minister or to such other person as is prescribed.”.

Schedule II.

55. Schedule II. to the Principal Act is amended by omitting the words “certificated cook” and inserting in their stead the word “cook”.

 

56.—(1.) Section twenty-six of the Navigation Act 1958, as amended by the Navigation Act 1961, is amended by omitting section thirty-nine set out in that section and inserting in its stead the following section:—

Able seamen.

“‘39. A seaman is not entitled to be rated as an able seaman for the purposes of this Act unless—

(a) he—

(i) has attained the prescribed age; and

(ii) has performed the prescribed qualifying service at sea;

(b) he had, before the commencement of this section, served at sea in the capacity of able seaman or on deck in any equivalent or superior capacity; or

(c) he is the holder of a certificate included in a class of certificates issued by a Commonwealth country other than Australia and declared by the regulations to be a class of certificates the holders of which are entitled to be rated as able seamen.”.

(2.) Section seventy-six of the Navigation Act 1958, as amended by the Navigation Act 1961, is repealed and the following section inserted in its stead:—

“76. Section one hundred and twenty-one of the Principal Act is repealed and the following section inserted in its stead:—

Cooks.

‘121. A seaman is not entitled to be rated as a cook (other than assistant cook) for the purposes of this Act unless—

(a) he—

(i) has attained the prescribed age;

(ii) has had at least one month’s service at sea in any capacity; and

(iii) has such other qualifications as are prescribed;

(b) he had, before the commencement of this section, served at sea in the capacity of cook or assistant cook for a period of at least two years and, during that period, had, for a period of at least six months, been the person directly responsible for the preparation of meals for the crew of a ship registered in Australia or engaged in the coasting trade; or

(c) he is the holder of a certificate included in a class of certificates issued by a Commonwealth country other than Australia and declared by the regulations to be a class of certificates that entitle the holders thereof to be rated as cooks,’,”.

 

Saving of regulations.

57. Regulations made, or purporting to have been made, under the Navigation Act