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

Statutory Rules

1973 No. 69

REGULATIONS UNDER THE NAVIGATION ACT 1912-1972.*

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 1912-1972.

Dated this twentieth day of March, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

C. K. JONES

Minister of State for Transport.

Amendments of the Navigation (Courts of Marine Inquiry) REGULATIONS 

1. Regulation 3 of the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following regulation substituted:—

Parts.

“3. These Regulations are divided into Parts, as follows:—

Part I—Preliminary (Regulations 1-4)

Part II—Inquiries (Regulations 5-15)

Part III—Appeals and References (Regulations 16-26)

Part IV—Rehearings (Regulations 27-29)

Part V—Appointment and Summoning of Assessors (Regulations 30-38)

Part VI—General (Regulations 40-54).”.

Interpretation.

2. Regulation 4 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—

“(1) In these Regulations, unless the contrary intention appears—

‘certificate’ or ‘certificate of competency’ has the same meaning as in Part IX of the Act;

‘Court’ means a Court of Marine Inquiry established under the Act;

‘Departmental representative’ means an officer of the Department appointed by the Minister to be the Departmental representative for the purposes of these Regulations;

‘Regional Controller’ means a person for the time being performing the duties of an office of Regional Controller, Department of Transport;

‘Registrar’ means the Registrar of a Court and includes a Deputy Registrar of a Court;

* Notified in the Commonwealth Gazette on 29 March 1973.

  Statutory Rules 1943, No. 53, as amended by Statutory Rules 1957, No. 1; and 1963, No. 97.

 

‘the Act’ means the Navigation Act 1912-1972;

‘the Department’ means the Department of Transport.”.

Notice of inquiry.

3. Regulation 5 of the Navigation (Courts of Marine Inquiry) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1) the words “as in the opinion of the Minister” and substituting the words “as the Minister certifies”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The notice of inquiry in accordance with Form C.M.I.-1 shall have annexed to it a statement of the questions on which the Minister has requested the Court to make findings at the conclusion of the inquiry.”.

Order in which parties to be heard.

4. Regulation 12 of the Navigation (Courts of Marine Inquiry) Regulations is amended—

(a) by omitting from sub-regulation (4) the words “referred to in regulation 5 of” and substituting the word “under”; and

(b) by omitting sub-regulation (5).

5. After regulation 13 of the Navigation (Courts of Marine Inquiry) Regulations the following regulation is inserted:—

Notice of variation where questions varied.

“13a. (1) Where the Minister, at any time before a Court has given its decision on an inquiry, informs the Court that he wishes to amend or omit any of the questions on which he has requested the Court to make findings or to add to those questions, the Registrar shall serve, or cause to be served, on each person on whom a notice of inquiry has been served and on any other person who has appeared in the proceedings before the Court a notice, in accordance with Form C.M.I.-1a, setting out the amendments, omissions or additions made by the Minister.

“(2) Where a notice under the last preceding sub-regulation is served after the commencement of proceedings before the Court, the Court shall—

(a) permit a party to the proceedings who had, before the service of the notice, adduced evidence, or addressed the Court, in the proceedings to adduce further evidence, or further to address the Court, in relation to any of the questions amended or added by the Minister; and

(b) if so requested by a party, recall a witness who was previously called by another party for further examination in relation to any of those questions.”.

Appointment of assessors.

6. Regulation 30 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting the word “Governor-General” (wherever occurring) and substituting the word “Minister”.

7. Regulation 31 of the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following regulation substituted:—

Qualifications and classifications of assessors.

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

(a) he holds a certificate of competency as master of a foreign-going ship and has had, while holding a certificate of competency as master of a foreign-going ship, not less than five years’ service as master of a 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

(b) he has qualifications, and has had experience, that are substantially equal to those required by the last preceding paragraph.

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

(a) he holds a certificate of competency as first class engineer and has had, while holding a certificate of competency as first class engineer, not less than five years’ service as engineer in sea-going ships, two years of that service having been as chief engineer; or

(b) he has qualifications, and has had experience, that are substantially equal to those required by the last preceding paragraph.

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

“(4) Persons appointed by reason of having the qualifications and experience referred to in sub-regulation (2) shall, for the purposes of these Regulations, be classified as ‘Assessors, Class 2—Engineers’ and be further classified into two sub-classes, one consisting of assessors whose qualifications relate to steamships, whether or not they also relate to motorships, and the other consisting of assessors whose qualifications relate to motorships, whether or not they also relate to steamships.

“(5) Persons appointed by the Minister by reason of having special skill shall, for the purposes of these Regulations, be classified as ‘ Assessors, Class 3—Persons having special skill ’ and be further classified into subclasses by the Minister, each sub-class consisting of assessors having the same kind of special skill or experience.

“(6) A person may be included in more than one of the classes or sub-classes referred to in the preceding sub-regulations of this regulation if the qualifications and experience (if any) by reason of which he was appointed warrant such inclusion.”.

Summoning of assessors.

8. Regulation 36 of the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting the word “Governor-General” and substituting the word “Minister”.

Disqualification of assessors.

9. Regulation 37 of the Navigation (Courts of Marine Inquiry) Regulations is amended—

(a) by omitting paragraph (b) of sub-regulation (1) and substituting the following paragraph:—

“(b) he is employed, or retained as a surveyor, by—

(i) the owner or agent of a vessel in relation to which the inquiry is to be held; or

(ii) a party to the inquiry; and

(b) by omitting from sub-regulation (2) the words “Fifty pounds” and substituting the words “One hundred dollars”.

Fees and allowances of assessors.

10. Regulation 39 of the Navigation (Courts of Marine Inquiry) Regulations is repealed.

11. Regulation 49 of the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following regulation substituted:—

Fees and allowances payable to witnesses.

“49. For the purposes of sub-section (5) of section 370 of the Act, the allowances payable to a witness attending before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of a Court of Marine Inquiry, are such fees and travelling expenses, in accordance with the scale in the Second Schedule to these Regulations, as the Court of Marine Inquiry determines.”.

First Schedule—Forms C.M.I.-1 and C.M.I.-1A.

12. Form C.M.I.-1 in the First Schedule to the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following Forms are substituted:—

 Form C.M.I.-1.

Commonwealth of Australia.

Navigation (Courts of Marine Inquiry) Regulations.

NOTICE OF INQUIRY.

(1) Here state place at which Court established.

(2) Here state matter as to which inquiry is to be made.

(3) Here state person to whom notice addressed.

In the Court of Marine Inquiry(1)

In the matter of an inquiry as to(2)

To(3)

I hereby give you notice that the Court of Marine Inquiry will, on the   day of   , 19 , at the hour of o’clock in the  noon, at the Court Room situate at make inquiry as to (2)

Annexed hereto are the following documents:—

(a) a copy of the report (or statement of the case) upon which the inquiry has been ordered; and

(b) a statement of the questions on which the Minister for Transport has requested the Court to make findings at the conclusion of the inquiry.

(4) Strike out if not applicable.

(5) Here state the documents that the person is required to produce.

(4) I further give you notice that you are required to produce to the Court(5) .

Dated this day of , 19 .

Registrar.

(Seal of the Court.)

 

 Form C.M.I.-1a.

Commonwealth of Australia.

Navigation (Courts of Marine Inquiry) Regulations.

NOTICE OF VARIATION OF QUESTIONS.

(1) Here state place at which Court established.

(2) Here state matter as to which inquiry is made.

(3) Here state person to whom notice addressed.

In the Court of Marine Inquiry (1)

In the matter of an inquiry as to (2)

To (3)

I hereby give you notice that the Minister for Transport has varied the questions on which he has requested the Court to make findings at the conclusion of the inquiry in the manner set out below:—

Dated this day of , 19 .

Registrar.

(Seal of the Court.)

First Schedule.

13. The First Schedule to the Navigation (Courts of Marine Inquiry) Regulations is amended by omitting from Form C.M.I.—2 and the succeeding forms, other than Form C.M.I.—7, in that Schedule the words—

“Navigation Act 1912-1942.”

(wherever occurring) and substituting the words—

“Navigation (Courts of Marine Inquiry) Regulations.”.

Second Schedule.

14. The Second Schedule to the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following Schedule substituted:—

“SECOND SCHEDULE Reg. 49

“Fees and Travelling Allowances Payable to Witnesses

“1. In respect of a witness called because of his professional, scientific or other special skill or knowledge—the sum of not less than $10.50, or more than $52.50, for each day on which he attends the Court of Marine Inquiry for the purpose of giving evidence.

“2. In respect of any other witness—

(a) if he is remunerated by wages, salary or fees—

(i) the sum equal to the amount of the wages, salary or fees lost by him by reason of his appearing as a witness before the Court of Marine Inquiry; or

(ii) a sum of $16.00 for each day on which he attends the Court of Marine Inquiry for the purpose of giving evidence,

whichever is the lesser sum; or

(b) if he is not so remunerated—a sum of $6.00 for each day on which be so attends.

“3. A reasonable amount for the costs of conveyance to and from the place where he attends to give evidence, a reasonable amount for sustenance and, if he is required to be absent overnight from his usual place of residence, a reasonable amount for accommodation.

 

“4. In respect of a witness called to give expert evidence—a reasonable amount for qualifying to give evidence.”.

Certain amendments not to apply in relation to current inquiries.

15.