Navigation (Courts of Marine Inquiry) Regulations (Cth)

STATUTORY RULES.

1943. No. 53.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1942.

 

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 1912-1942.

 

Dated this third day of March, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

 

Minister of State for Supply and Shipping.

 

NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Navigation (Courts of Marine Inquiry) Regulations.

Repeal.

2. The Navigation (Courts of Marine Inquiry) Regulations (being Statutory Rules 1926, No. 128, as amended by Statutory Rules 1928, No. 22; 1929, Nos. 55 and 107; 1931, No. 57; and 1940, No. 238) are repealed.

Parts.

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

Part I.—Preliminary.

Part II.—Inquiries.

Part III.—Appeals and References.

Part IV.—Rehearings.

Part V.—Appointment of Assessors.

Part VI.—Miscellaneous.

Definitions.

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

“Court” means a Court of Marine Inquiry established under the Act;

“Registrar” means the Registrar of a Court, and includes a Deputy Registrar;

“the Act” means the Navigation, Act 1912-1942.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the First Schedule to these Regulations.

(3.) Strict compliance with the Forms in the First Schedule to these Regulations shall not be required and substantial compliance shall be sufficient.

 

Part II.—Inquiries.

Notice of inquiry.

5.—(1.) Where the Minister requests a Court to make an inquiry, the Registrar shall serve or cause to be served a notice of inquiry in accordance with Form C.M.I.—1 or Form C.M.I.—2, as the case requires—

(a) in the case of an inquiry as to a shipwreck, or a casualty affecting a ship or entailing loss of life on or from a ship—upon the Director and the owner (if resident in Australia), the master, and such officers of the ship as in the opinion of the Minister are likely to be affected by the inquiry; or

(b) in the case of an inquiry as to a charge of incompetency, unfitness, incapacity, misconduct, or failure of duty—upon the Director and the master, mate, engineer, pilot or licensed pilot concerned,

and, in any case, upon such other persons as the Court directs.

(2.) Where a notice of inquiry in accordance with Form C.M.I.—1 is served, the notice shall contain a statement of the questions which, on the information then in possession of the Minister, he intends to raise at the hearing of the inquiry. The Minister may at any time before the hearing of the inquiry, by a subsequent notice, amend, add to or omit any of the questions specified in the notice of inquiry.

Charges against masters or officers.

6.—(1.) Charges of incompetency, misconduct or failure of duty on the part of masters or officers of ships, in the cases specified in sub-section (1.) of section 364 of the Act, may be made by the Director.

(2.) The Director shall forward a copy of any charge made under this regulation to the Minister.

Right to appear.

7. Any person who satisfies the Court that he has an interest in the inquiry may appear, and any other person may, by leave of the Court, appear.

Parties to proceedings.

8. The Director and other persons upon whom a notice of inquiry is served, and any other persons who appear, shall be deemed to be parties to the proceedings before the Court.

Adjournment of inquiry to enable person charged to make defence.

9. Where a Court sits for the purpose of making an inquiry as to a charge of incompetency, unfitness, incapacity, misconduct, or failure of duty on the part of a master, mate, engineer, pilot or licensed pilot, and it appears to the Court that the person charged has not received notice of the charge in time to give him a reasonable opportunity of making a defence, the Court shall adjourn until such time as it thinks fit.

Proceedings on non-appearance.

10. Subject to the last preceding regulation, the Court may, at the time and place appointed for making the inquiry, proceed with the inquiry, whether the parties upon whom a notice of inquiry has been served, or any of them, are present or not.

Director to begin.

11.—(1.) The proceedings at the inquiry shall commence by the Director opening his case and then proceeding with the examination of witnesses.

(2.) Each witness, after being examined by the Director, may be cross-examined by the other parties in such order as the Court directs, and may then be re-examined by the Director.

Order in which parties to be heard.

12.—(1.) When the examination of the witnesses called by the Director has been concluded, each party to the inquiry may call witnesses, or recall, for further examination, any of the witnesses who have already been examined, and generally adduce evidence.

(2.) The parties shall be heard and their witnesses examined, cross-examined, and re-examined in such order as the Court directs.

(3.) The Director may also call and examine further witnesses, who may be cross-examined by the parties and re-examined by the Director.

(4.) Questions asked, and documents tendered as evidence in the course of the examination of witnesses, shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from, the statement of the case or the questions specified in the notice of inquiry or subsequent notices referred to in regulation 5 of these Regulations.

(5.) When the examination of the witnesses, called by the Director has been concluded, the Director shall state in open court the questions in reference to the casualty, and the conduct of the certificated officers, or other persons connected therewith, upon which the opinion of the Court is desired. In framing the questions for the opinion of the Court the Director may make such modifications in, additions to, or omissions from the questions in the notice of inquiry or subsequent notices referred to in regulation 5 of these Regulations as, having regard to the evidence which has been given, the Director thinks fit.

Parties may address the Court.

13. When the whole of the evidence has been concluded, any party who desires so to do may address the Court upon the evidence, and the Director may address the Court in reply upon the whole case.

Form of decision of Court on inquiry.

14.—(1.) The decision of the Court on an inquiry shall be in accordance with Form C.M.I.—3.

(2.) Each member of a Court who concurs in the decision of the Court shall sign the decision, and each member who dissents shall sign the decision as a dissentient.

(3.) Each assessor assisting a Court shall, if he concurs in the decision of the Court, sign the decision, and if he dissents from the decision he shall state in writing to the Minister his dissent and the reasons therefor.

Observations by Court.

15. The Court, when forwarding to the Minister a copy of its decision in a case, may make, in relation to the case or its decision, such observations as it thinks fit.

Part III.—Appeals and References.

Notice of appeal.

16.—(1.) Where a ship-owner aggrieved by a refusal to grant a certificate of survey or of equipment or a safety certificate, or where the master of a ship which has been ordered to be provisionally detained, desires to appeal to the Court, he shall file, at the office of the Registrar of the Court nearest to the place in which the ship is, a notice in accordance with Form C.M.I.—4.

(2.) Any person filing a notice in pursuance of the last preceding sub-regulation is, in this Part of these Regulations, referred to as the appellant.

Notice to parties.

17. The Registrar shall give notice, in accordance with Form C.M.I.—5, to the Director and the appellant, of the time and place fixed for the hearing of the appeal, and to the Director and the master of the ship of the time and place appointed for hearing a reference.

Copy of surveyor’s report to be forwarded to Registrar.

18. Upon receipt of a notice in pursuance of the last preceding regulation, the Director shall forward to the Registrar, for production as evidence at the hearing, an official copy of the report of the surveyor with respect to the ship which is the subject-matter of the appeal or reference.

Notice to complainant.

19. Where the appeal or reference is in respect of the detention of a ship after survey made on the complaint of any person (in this Part of these Regulations referred to as the complainant), the Director shall send to the complainant notice of the time and place appointed for the hearing.

Parties to appeals or references.

20.—(1.) The Director and the appellant, or, in the case of a reference, the Director and the master, shall be parties to the proceedings.

(2.) Any other person, upon entering an appearance, may, by permission of the Court, be made a party to the proceedings.

Director to begin.

21. At the hearing, the Director shall open his case and then call his witnesses, and shall then state, in writing what order he requires the Court to make.

Complainant to follow.

22. The complainant, if he has appeared, shall, after the Director has stated his case, call his witnesses, and shall then state, in writing, what order he requires the Court to make.

Appellant to follow complainant.

23. The appellant, or, in the case of a reference, the master, shall, after the complainant has stated his case, call his witnesses, and shall then state, in writing, what order he requires the Court to make.

Director and complainant may call evidence in reply.

24. After the appellant, or, in the case of a reference, the master or owner, has stated his case, the Director and the complainant may, on cause shown to the satisfaction of the Court, call further witnesses in reply.

Order in which parties to address Court.

25. After all the witnesses have been examined, the Court shall first hear the appellant, or, in the case of a reference, the master or owner, then the complainant (if any), and afterwards the Director.

Order for release or detention.

26.—(1.) As soon as possible after the court has reached its decision, the Court shall issue an order, in accordance with Form C.M.I.—6—

(a) for the final detention of the ship, or her release either conditionally or unconditionally; or

(b) granting or refusing a certificate of survey or equipment or a safety certificate,

as the case requires.

(2.) The Court shall forward the order, together with the notes of the evidence given at the hearing, to the Minister.

Part IV.—Rehearings.

Regulations governing rehearings.

27. Where the Minister orders an inquiry to be re-opened and reheard, the provisions of these Regulations relating to the notices to be given in connexion with, and the proceedings of, the original inquiry shall apply in relation to the rehearing.

Parties may be added.

28. The Court may, if it thinks fit, order any person, other than the parties served with the notice of rehearing, to be added as a party to the proceedings for the purpose of the rehearing, on such terms as the Court thinks fit.

Copy of evidence of hearing to be admitted on rehearing.

29. The evidence taken at the inquiry may be proved before the Court at the rehearing by the production of a copy of the notes of the shorthand writer or other person authorized by the Court to take down the evidence at the inquiry.

Part V.—Appointment and Summoning of Assessors.

Appointment of assessors.

30.—(1.) Any appointment of an assessor by the Governor-General shall be for a period of three years from the date of appointment, and an assessor shall be eligible for re-appointment.

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

Classification of persons on list of assessors.

31. The persons appointed to be assessors shall be classified as follows:—

Class 1.—Mercantile Marine Masters—

Persons having five years’ service as master of British vessels of which two years must have been in command of a steamship.

Class 2.—Mercantile Marine Engineers—

Persons having five years’ service as an engineer in a merchant vessel and holding a first-class certificate of competency as engineer in the Mercantile Marine and having two years’ experience as a chief engineer in vessels of not less than 1,000 tons gross.

Class 3.—Persons having, special skill or experience—

Persons having such qualifications as are, in the opinion of the Governor-General, requisite for special cases.

List of assessors to be furnished to each Registrar.

32. The Director shall furnish each Registrar with a list of persons appointed to be assessors, showing the classes or sub-classes in which they are classified and the places at which they reside.

Assessors to be summoned in rotation.

33.—(1.) Subject to these Regulations, assessors shall, as far as practicable—

(a) be summoned by the Registrar from among those assessors who are eligible and available to be summoned and who reside at, or most nearly to, the place where the Court is to be held; and

(b) be summoned in rotation within each class or sub-class mentioned in the last preceding regulation, commencing with the assessor first mentioned in the list as being so resident.

(2.) Where, from any cause whatsoever, an assessor who has been summoned cannot attend, the next eligible and available assessor in rotation shall be summoned.

Director to inform Registrar when assessors required.

34. The Director shall inform the Registrar when assessors are required, and shall state from which of the classes or sub-classes assessors ought, in his opinion, to be summoned, but the Director shall not direct or request the summoning of any particular assessor.

Assessors to be summoned where question of cancelling or suspension of certificate of master, &c., involved.

35. Where an inquiry involves any question as to the cancelling or suspension of the certificate of a master, mate or engineer, or as to the unfitness, incapacity, incompetency or misconduct of a pilot or licensed pilot, there shall be summoned from the list of assessors not less than two assessors from Class 1 and Class 2 or from either of those classes, as provided in the next succeeding regulation.

Summoning of assessors.

36. Subject to compliance with the requirements of the last preceding regulation, and to any special appointment which the Governor-General thinks it expedient to make in any case where he considers that special circumstances warrant a departure from this regulation, assessors shall be summoned as follows:—

(a) Where the inquiry involves, or appears likely to involve the cancelling or suspension of a certificate of a master, or mate, but not of an engineer, at least two assessors shall be summoned from Class 1.

(b) Where the inquiry involves, or appears likely to involve the cancelling or suspension of the certificate of an engineer, one at least of the assessors shall be summoned from Class 2.

Disqualification of assessors.

37.—(1.) An assessor shall not be eligible to be summoned or to act as assessor if—

(a) he has acted in the capacity of surveyor of the vessel in relation to which the inquiry is to be held;

(b) he is retained as the surveyor of an owner or agent who is a party to the inquiry;

(c) he has any pecuniary interest in the subject of the inquiry; or

(d) there exists, in the mind of the assessor, a bias in favour of or against a party to the inquiry.

(2.) A person shall not act as assessor when not eligible so to act.

Penalty: Fifty pounds or imprisonment for three months.

(3.) No proceeding before a Court shall be invalidated or rendered ineffectual by reason only of the fact that an assessor has acted in connexion therewith when ineligible so to act.

Summoning of assessor not to be questioned.

38. The summoning of any assessor shall not be questioned on the ground that it was not in accordance with these Regulations.

Fees and allowances of assessors.

39.—(1.) Every assessor shall, for every day or portion of a day during which he is engaged in, or in attendance on, a Court, be paid the sum of Three guineas.

(2.) Every assessor required to travel more than twenty-five miles from his usual place of abode or business to attend on a Court shall be paid travelling allowances as follows:—

(a) Fares—

(i) if resident in a State other than that in which the Court sits—First class rail or steamer fare from the capital city in State of residence to place of sitting, and return;

(ii) if resident in the State in which the Court sits—First class rail fare from place of residence to place of sitting, and return.

(b) Travelling allowance, at the rate of One guinea per day, may also be allowed, which allowance shall be inclusive of all incidentals when travelling, such as meals, cab fares, and the like.

Part VI.—General.

Duties of Registrar.

40. The Registrar shall sign and issue all process of the Court, and have the custody of all records, minutes, and proceedings of the Court.

Seal of Court.

41. Each Court shall have a seal bearing the device of an Admiralty anchor and having inscribed thereon the words “Court of Marine Inquiry” with the name of the place where the Court is held.

All process to be sealed.

42. The Registrar shall seal with the seal of the Court all process of the Court issued by him.

Minute book.

43. The Registrar shall keep a minute book in accordance with Form C.M.I.—7 in which he shall enter a minute of the decision or order of the Court as to every appeal, charge, complaint, inquiry or reference heard and determined by the Court under the Act.

Appearance by barrister or solicitor.

44. In every Court the parties other than the Director may appear personally or by such barristers or solicitors as by the laws and rules regulating the practice of the High Court or of the Supreme Court of a State are permitted to appear in the High Court or the Supreme Court, and the Director may appear personally or by an officer of the Commonwealth Navigation Service or by such a barrister or solicitor.

Service of process.

45.—(1.) Service of any notice, subpœna, summons or other document or process under the Act or these Regulations shall be deemed good service if—

(a) it is made personally on the person to be served;

(b) it is made at his last known place of abode or business, or at any address which he gives for service; or

(c) it is made on board any ship to which he belongs and is accompanied with a statement of the purport thereof to the person being or appearing to be in command or charge of the ship.

(2.) Service may be effected by posting the process in a prepaid registered letter addressed to the person to be served at any place at which the service may be made under the last preceding sub-regulation.

(3.) Where process has been served, in accordance with this regulation, on any person charged with incompetency, misconduct, or failure of duty (in this regulation referred to as “the person charged”), and the person charged is absent from the Commonwealth or cannot be found, the Registrar may place a copy of the process in an envelope addressed to the person charged, and send it and a notification of its contents to any owner or agent in the Commonwealth of the ship to which the person charged belongs with a request that it may be forwarded to him under cover.

(4.) If any such owner or agent cannot be found the Registrar may advertise the notice in the Gazette.

(5.) The Registrar shall attach to any notice of inquiry or notice of hearing of an appeal or reference served on the person charged a copy of the report or a statement of the case upon which the Minister has requested the Court to make the inquiry.

Notice to produce documents.

46.—(1.) A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the subject-matter of the inquiry which are in the possession or under the control of the other party.

(2.) If the notice is not complied with, the party who gave the notice may give secondary evidence of the contents of the documents.

Notice to admit documents.

47. A party may give to any other party notice in writing to admit any documents (saving all just exceptions).

Summons to witness.

48. The Registrar may issue a subpœna in accordance with Form C.M.I.—8 or Form C.M.I.—9, as the case requires, summoning any person to attend at the Court to give evidence or to produce documents in an inquiry, appeal, reference or rehearing.

Allowances to witnesses and interpreters.

49.—(1.) Any person summoned to attend a Court of Marine Inquiry as a witness or attending as an interpreter at any inquiry, appeal, reference or rehearing may be paid allowances in accordance with the scale set out in the Second Schedule to these Regulations, or, in special cases, as the Court directs:

Provided that no allowance for attendance or detention shall be paid to a person who is in employment and attends the Court during his employer’s time, and from whose salary or wages, as the case may be, no deduction is made, or is to be made, on account of the time during which he is in attendance at a Court or detained for the purpose of so attending.

(2.) Any person summoned to appear as a party to any inquiry, appeal or rehearing may, at the discretion of the Court, be paid allowances in accordance with the scale set out in the Second Schedule to these Regulations, or as the Court directs.

(3.) Where practicable, a witness shall travel by rail, tram or ship.

Proof of service.

50. The service of any notice, subpœna, summons or other document or process may be proved by the oath, affidavit or statutory declaration of the person by whom it was served.

Service of documents on, and action by, Deputy Director.

51. Where by these Regulations any notice or other document or process is required to be served on the Director, or anything is required to be done by the Director, the notice or other document or process may be served on, or the thing may be done by, the Deputy Director in the State in which the inquiry is to be made or the appeal is to be heard.

Affidavits.

52. The provisions of Order XXXV. of the Rules of the High Court (being Statutory Rules 1928, No. 118) shall apply, as far as applicable, to all affidavits in the Court.

Adjournment of hearing.

53. The Court may adjourn the hearing of any inquiry, appeal or reference from time to time and from place to place.

Order for payment of costs.

54. An order for the payment of costs shall be in accordance with

Form C.M.I.—10.

 

THE SCHEDULES.

—

FIRST SCHEDULE.  Reg. 3.

 Form C.M.I.—1.

Commonwealth of Australia.

Navigation Act 1912-1942.

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)   and that subjoined hereto is a copy of the report (or statement of the case) upon which the said inquiry has been ordered. I further give you notice to produce to the Court (your certificate, the log books of the ship, and) any (other) documents relevant to the inquiry which are in your possession or under your control.

I have further to give you notice that on the information at present obtained by the Minister the questions annexed hereto are these upon which it appears desirable, and upon which it is proposed, to take the opinion of the Court; but these questions may be subject to alteration, addition, omission, or amendment by the representative of the Director at the inquiry after the witnesses called by the Director have been examined.

Dated this  day of  , 19 .

Registrar.

(Seal of the Court.)

I. Report (or Statement of Case).

II. Questions—

1. Whether the

(Here insert the proposed questions.)

  Form C.M.I.—2.

Commonwealth of Australia.

Navigation Act 1912-1942.

NOTICE OF INQUIRY.

(1) Here state place at which Court is established.

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

(3) Here state person to whom notice addressed.

(4) Here state person laying the charge.

(5) Here state ground of charge.

In the Court of Marine Inquiry (1)

In the matter of an Inquiry as to (2)

To (3)

I hereby give you notice that a charge of (incompetency, misconduct or failure of duty) has been laid against you by (4) on the ground that (S) and 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 the said charge.

Attached hereto is a copy of the report (or statement of the case) upon which the Minister   has requested the Court to make the inquiry.

And I further give you notice to produce to the Court (your   certificate, the log books of the ship and) any (other) documents relevant to the inquiry which are in your possession or under your control.

Dated this  day of , 19 .

Registrar.

(Seal of the Court.)

 

 Form C.M.I.—3.

Commonwealth of Australia.

Navigation Act 1912-1942.

DECISION OF COURT.

(1) Here state place at which Court established.

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

In the Court of Marine Inquiry (l)

In the matter of an Inquiry as to (2)

The Court, having carefully inquired as to (2) finds that*

Dated this  day of , 19  .

Senior or only Member of Court.

Member.

Member.

(Seal of the Court.)

I dissent from the above decision, and my written reasons for so dissenting are annexed hereto.

Member of Court.

I/We concur in the above decision.

Assessor.

Assessor.

* Here state fully the circumstances of the case, the opinion of the Court touching the causes of the casualty, and the conduct of any persons implicated therein, and whether the certificate of any officer is either suspended or cancelled, and if so for what reasons.

 Form C.M. I.— 4.

Commonwealth of Australia.

Navigation Act 1912-1942.

NOTICE OF APPEAL.

(1) Here state ship in respect of which notice is given.

(2) Here state place at which Court established.

(3) Here state subject-matter of appeal.

In the matter of (1)

To the Registrar of the Court of Marine Inquiry (2)

Take notice that I  of  the master/owner of the steam/sailing ship  of the port of   do appeal from (3)

The address at which all notices, documents, and process may be served on me is

Dated this  day of  , 19 .

 

Appellant.

 Form C.M.I.—5.

Commonwealth of Australia.

Navigation Act 1912-1942.

NOTICE OF HEARING OF APPEAL OR REFERENCE.

(1) Here state place at which Court established.

(2) Here state subject-matter of appeal or reference.

(3) Here state person to whom notice addressed.

In the Court of Marine Inquiry (l)

In the matter of (2)

To (3)

I hereby give you notice that the Court of Marine Inquiry will meet on the day of  , 19  , at the hour of  o’clock in the  noon, at the Court Room situate at  , to hear the appeal or reference in the above-mentioned matter.

Dated this  day of  , 19 .

Registrar.

(Seal of the Court.)

  

 Form C.M.I.—6.

Commonwealth of Australia.

Navigation Act 1912-1942.

ORDER OF COURT ON APPEAL OR REFERENCE.

(1) Here state place at which Court established.

(2) Here state subject-matter of appeal or reference.

(3) Here state terms of order.

In the Court of Marine Inquiry (1)

In the matter of (2)

This Court hereby orders (3)

Dated this  day of   , 19 .

Senior Member of Court.

(Seal of the Court.)

 

Form C.M.I.—7.

MINUTE BOOK.—COURT OF MARINE INQUIRY.

Minute of Proceedings in the Court of Marine Inquiry(1)

(1) Here state place at which Court established.

Number of case. Name of ship. Names of Parties. Notice of Inquiry, Appeal or Reference. Decision or Order of Court. Names of Members of Court and Assessors. Date of Decision or Order.

 

 Form C.M. I.— 8.

Commonwealth of Australia.

Navigation Act 1912-1942.

SUBPŒNA TO WITNESS TO GIVE EVIDENCE.

(1) Here state place at which Court established.

(2) Here state subject-matter of inquiry, appeal or reference.

(3) Here state person to whom subpœna is issued.

In the Court of Marine Inquiry (1)

In the matter of (2)

To (3)

You are hereby summoned to appear before the Court of Marine Inquiry at  on the  day of  at the hour of  o’clock in the  noon, to give evidence in the above-mentioned matter and to continue in attendance until notified by the Court that your presence is no longer required.

Dated this  day of  , 19  .

Registrar.

(Seal of the Court.)

 

  Form C.M.I.—9.

Commonwealth of Australia.

Navigation Act 1912-1942.

SUBPŒNA TO WITNESS TO PRODUCE DOCUMENTS.

(1) Here state place at which Court established.

(2) Here state subject-matter of inquiry, appeal or reference.

(3) Here state person to whom subpœna is issued.

(4) Here state documents to be produced.

In the Court of Marine Inquiry (1)

In the matter of (2)

To (3)

You are hereby summoned to appear before the Court of Marine Inquiry at  on the  day of  , 19 , at the hour of  o’clock in the  noon to produce the following documents (4)

Dated this  day of  , 19 .

Registrar.

(Seal of the Court.)

  Form C.M.I.—10.

Commonwealth of Australia.

Navigation Act 1912-1942.

ORDER FOR PAYMENT OF COSTS.

(1) Here state place at which Court is established.

(2) Here state subject-matter of inquiry, appeal or reference.

In the Court of Marine Inquiry (1)

In the matter of (2)

This Court hereby orders that the costs of the above-mentioned inquiry/appeal/reference be paid by (or that each party shall pay his own costs). And this Court assesses the said costs as follows:—

Dated this  day of  , 19 .

Senior Member of Court.

(Seal of the Court.)

Reg. 49.

SECOND SCHEDULE

——

Allowances to Witnesses.

(a) For Fares.

To every witness residing more than 3 miles from the place of sitting of the Court—the sum actually and reasonably paid for fares both in going to and returning from the Court, but not in any case exceeding One shilling and sixpence for every mile required to be travelled.

(b) For Travelling Expenses.

Where the place of residence of a witness is more than 25 miles from the place where the Court sits, the Minister may approve of the payment to him of a travelling allowance, additional to any other allowance payable under this scale, at such rate as the Minister thinks proper, in respect of the time—(i) necessarily occupied in travelling to and from the place of sitting, (ii) of detention, and (iii) of attendance at the Court.

(c) For Attendance at a Court.

To masters and chief engineers, also medical practitioners, civil engineers, interpreters, and other professional men of equivalent standing when attending in a professional capacity, for each day of attendance—£1 1s.

To other certificated deck and engine-room officers and wireless operators, for each day of attendance—15s.

To other witnesses—not including prisoners of the Crown—for each day of attendance—10s. 6d.

(d) For Detention.

To every witness or interpreter who is necessarily detained, or who is prevented from proceeding on his journey to his place of abode, either before or after attending the Court, from the date of detention up to the day of attending the Court or of departure (as the case may be), the same allowance as is prescribed in paragraph (c) of this Schedule for attendance at a Court.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.