Navigation (Courts of Marine Inquiry) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.
I, THE
DEPUTY OF 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
Dated this fifteenth day of September, 1926.
SOMERS,
Deputy of the Governor-General.
By His Excellency’s Command,
H.E. PRATTEN,
Minister of State for Trade and Customs.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Inquiries.
Part III.—Appeals and References.
Part IV.—Rehearings.
Part V.—Appointment of Assessors.
Part VI.—General.
“Court” means a Court of Marine Inquiry established under the Act;
“Registrar” means the Registrar of a Court, and includes a Deputy Registrar;
“The Minister” means the Minister of State for Trade and Customs;
“The Director” means the Director of Navigation for the Commonwealth;
“The Act” means the
Navigation Act 1912-1926 and includes any amendment of that Act;
and any reference to a form shall be read as a reference to a form in Schedule I. to these Regulations.
C.10969.—Price 5d.
Part II.—Inquiries.
(
a ) in the case of an inquiry as to a shipwreck, or a casualty affecting a ship or causing 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 or misconduct, upon the Director and the master, mate, engineer, pilot or licensed pilot concerned; and(
c ) in any case, upon such other persons as the Court directs,
a notice of inquiry in accordance with Form C.M.I.—1 or Form C.M.I.—2, as the case requires.
(2.) A copy of any charge made under this regulation by the Director shall be forwarded by him to the Minister.
(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.
(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 produce and examine further witnesses, who may be cross-examined by the parties and re-examined by the Director.
(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.
Part III.—Appeals and References.
(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.
(2.) Any other person, upon entering an appearance, may, by permission of the Court, be made a party to the proceedings.
(
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.
PART V—APPOINTMENT AND SUMMONING OF ASSESSORS.
(2.) The Governor-General may at any time, cancel the appointment of any assessor.
(
a ) Persons having five years’ service as a master in the Merchant Service, of which one year must have been service in command of an Australian-trade or foreign-going sailing ship, with a certificate of competency;(
b ) Persons having five years’ service as a master in the Merchant Service, of which two years must have been service in command of an Australian-trade or foreign-going steamship, with a certificate of competency.
Persons having five years’ service as an engineer in the Merchant Service, of which two years must have been as chief engineer of an Australian-trade or foreign-going steamship.
(
a ) Persons having such qualifications as are in the opinion of the Governor-General requisite for ordinary cases;(
b ) Persons having such qualifications as are in the opinion of the Governor-General requisite for special cases.
(
a ) be summoned by the Registrar from among those assessors who are eligible and available to be summoned and who are located 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 located.
(2.) Where, from any cause whatsoever, an assessor when summoned cannot attend, the next eligible and available assessor in rotation shall be summoned.
(
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 a master or mate of a sailing ship, one at least of the assessors shall be summoned from those persons specified in paragraph (a ) of Class 1, and where the inquiry involves or appears likely to involve the cancelling or suspension of the certificate of a master or mate of a steam-ship, one at least of the assessors shall be summoned from those persons specified in paragraph (b ) of Class 1; and(
c ) 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.
(
a ) he has acted in the capacity of surveyor of the vessel in relation to which the inquiry is to be held; or(
b ) he is retained as the surveyor of an owner or agent who is a party to the inquiry; or(
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.) Any person who acts as assessor when not eligible so to act shall be guilty of an offence against these Regulations:
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.
(2.) Every assessor required to travel more than fifty 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, such allowance to be inclusive of all incidentals when travelling, such as meals, cab fares, &c.
Part VI.—General.
(
a ) it is made personally on the person to be served; or(
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 such place as 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 or misconduct (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
(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 statement of the case upon which the Minister has requested the Court to make the inquiry.
(2.) If the notice is not complied with, the party who gave the notice may give secondary evidence of the contents of the documents.
Provided that no allowance for attendance or detention shall be paid to a person who is in employment, 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 Schedule II., or as the Court directs.
SCHEDULE I.
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Commonwealth of Australia.
Notice of Inquiry.
In
the Court of Marine Inquiry (
In
the matter of an Inquiry as to (
To
(
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 (
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.)
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Commonwealth of Australia.
Notice of Inquiry.
(
In
the Court of Marine Inquiry (
In
the matter of an Inquiry as to (
To
(
I
hereby give you notice that a charge of (incompetency or misconduct) has been
laid against you by (
Attached hereto is a statement of the case upon which the Minister of State for Trade and Customs 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.)
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Commonwealth of Australia.
Decision of Court.
In
the Court of Marine Inquiry (
In
the matter of an Inquiry as to (
The
Court, having carefully inquired as to (
Dated this day of , 19
Senior or only Member of Court,
Member.
Member.
(Seal of 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.
Form C.M.I.—4.
Commonwealth of Australia.
Notice of Appeal.
In
the matter of (
To
the Registrar of the Court of Marine Inquiry (
Take
notice that I of the master/owner
of the steam/sailing ship of
the port of do
appeal from (
The address at which all notices, documents, and process may be served on me is
Dated this day of , 19
Appellant.
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Commonwealth of Australia.
Notice of Hearing of Appeal or Reference.
In
the Court of Marine Inquiry (
In
the matter of (
To
(
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.)
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Commonwealth of Australia.
Order of Court on Appeal or Reference.
In
the Court of Marine Inquiry (
In
the matter of (
This
Court hereby orders (
Dated this day of , 19 .
Senior Member of Court.
(Seal of Court.)
Form C.M.I.—7
Minute Book.—Court of Marine Inquiry.
Minute
of Proceedings in the Court of Marine Inquiry (
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. |
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Commonwealth of Australia.
Subpœna to Witness to Give Evidence.
In
the Court of Marine Inquiry (
In
the matter of (
To
(
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 Court.)
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Commonwealth of Australia.
Subpœna to Witness to Produce Documents.
In
the Court of Marine Inquiry (
In
the matter of (
To
(
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 (
Dated this day of , 19 .
Registrar
(Seal of Court.)
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Commonwealth of Australia.
Order for Payment of Costs
In
the Court of Marine Inquiry (
In
the matter of (
This Court hereby orders that the costs of the above-mentioned inquiry/appeal/reference be paid by (or that all parties shall pay their own costs). And this Court assesses the said costs as follows:—
Dated this day of , 19
Senior Member of Court
(Seal of Court.)
SCHEDULE II.
Allowances to Witnesses.
(
To every witness or interpreter residing more than 3 miles from the place of sitting of the Court—the sum actually 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:
Provided that in all cases, where practicable, the witness or interpreter shall travel by rail, tram, coach, or ship, and in such part of the train, vehicle, or vessel as is suited to his station in life.
(
Where the place of residence of a witness or interpreter 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.
(
To masters and chief engineers, also medical practitioners, civil engineers, and other professional men of equivalent standing when attending in a professional capacity, for each day of attendance—£1 ls.
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.
(
To
every witness or interpreter who may be necessarily detained, or who may be
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 ease may be), the same allowance as
prescribed in paragraph (
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green. Government Printer for the State of Victoria.
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