Navigation (Courts of Marine Inquiry) Regulations 1943 (Amendment) (Cth)

STATUTORY RULES.

1957. No. 1.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1956.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1956.

Dated this fifteenth day of January, 1957

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

 

Amendments of the Navigation (Courts of Marine Inquiry) Regulations 

Commencement.

1.—(1.) Subject to the next succeeding sub-regulation these Regulations shall come into operation on the date on which they are notified in the Gazette.

(2.) Regulations 3 and 5 of these Regulations shall be deemed to have come into operation on the first day of May, 1956.

2. Regulations 30 and 31 of the Navigation (Courts of Marine Inquiry) Regulations are repealed and the following regulations inserted in their stead:—

Appointment of assessors.

“30.—(1.) Subject to this Regulation, a person appointed as an assessor shall hold office for such period, not exceeding three years, as is specified by the Governor-General, and is eligible for reappointment.

“(2.) A person who has attained the age of 75 years—

(a) is not eligible for appointment or reappointment as an assessor; and

(b) ceases to hold office as an assessor.

“(3.) The Governor-General may at any time cancel the appointment of an assessor.

Qualification and classification of assessors.

“31.—(1.) A person shall not be appointed as an assessor having nautical skill unless—

(a) he holds a certificate of competency as master of a foreign-going ship, and has had not less than five years’ service as master of a British ship or ships, two years of that service having been as master of a steamship or steamships of not less than 1,000 tons gross register; or

 

* Notified in the Commonwealth Gazette , 1957.

  Statutory Rules 1943, No. 53.

6168/56.—Price 3d. 9/26.11.1956.

(b) he has qualifications and has had experience which, in the opinion of the Governor-General, are substantially equal to those prescribed by the last preceding paragraph.

“(2.) A person shall not be appointed as an assessor having engineering skill unless—

(a) he holds a certificate of competency as a first class engineer, and has had not less than five years’ service in a British ship or ships, two years of that service having been as chief engineer in a ship or ships of not less than 1,000 tons gross register; or

(b) he has qualifications and has had experience which, in the opinion of the Governor-General, are substantially equal to those prescribed by the last preceding paragraph.

“(3.) A person shall not be appointed as an assessor having special skill unless he holds such qualifications as, in the opinion of the Governor-General, are requisite for the case.

“(4.) Persons appointed by reason of having the qualifications referred to in sub-regulation (1.) of this regulation shall, for the purposes of these Regulations, be classified as ‘Assessors, Class 1—Mercantile Marine Masters’.

“(5.) Persons appointed by reason of having the qualifications referred to in sub-regulation (2.) of this regulation shall, for the purposes of these Regulations, be classified as ‘Assessors, Class 2—Mercantile Marine Engineers’.

“(6.) Persons appointed by reason of having the qualifications referred to in sub-regulation (3.) of this regulation shall, for the purposes of these Regulations, be classified as ‘Assessors, Class 3—Persons having special skill or experience’.”.

Fees and allowances of assessors.

3. Regulation 39 of the Navigation (Courts of Marine Inquiry) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Three guineas” and inserting in their stead the words “Seven pounds seven shillings”;

(b) by omitting from sub-paragraph (i) of paragraph (a)of sub-regulation (2.) the words “rail or steamer”;

(c) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (2.) the word “rail”; and

(d) by omitting from paragraph (b)of sub-regulation (2.) the words “One guinea” and inserting in their stead the words “Two pounds ten shillings”.

Allowances to witnesses and interpreters.

4. Regulation 49 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting sub-regulation (3.).

Second Schedule.

5. The Second Schedule to the Navigation (Courts of Marine Inquiry) Regulations is amended—

(a) by omitting from paragraph (c) the figures “£1 1s.” and inserting in their stead the figures “£2 10s.”;

(b) by omitting from that paragraph the figures “15s.” and inserting in their stead the figures “£1 10s.”; and

(c) by omitting from that paragraph the figures “10s. 6d.” and inserting in their stead the figures “£1”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.