Navigation (Examination of Masters and Mates) Regulations (Amendment) (Cth)

 

STATUTORY RULES

1967 No. 64

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1966.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1966.

Dated this day of  , 1967.

Administrator.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

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Amendments of the Navigation (Examination of Masters and Mates) Regulations.  

Interpretation.

1. Regulation 5 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from sub-regulation (1.) the definition of “the Ministry of Transport”.

Qualifying sea service.

2.Regulation 6 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting sub-regulation (8.) and inserting in its stead the following sub-regulation:—

“(8.) Service in a school, training ship or naval college referred to in the Second or Third Schedule shall not be taken into account for the purpose of calculating qualifying sea service unless the candidate produces a certificate, satisfactory to the Principal Examiner, from the appropriate authorities relating to his attendance, conduct and proficiency in the performance of that service.”.

Qualifying watch-keeping service.

3. Regulation 7 of the Navigation (Examination of Masters and Mates) Regulations is amended—

(a)by adding at the end of sub-regulation (2.) the words “or, in the case of service to which sub-regulation (5a.) of this regulation applies, in accordance with that sub-regulation”;

(b)by omitting from sub-regulation (5.) the words “Service in a sailing yacht, in a power-driven yacht or service in a trawler or other deep-sea fishing vessel or pilot vessel,” and inserting in their stead the words “Service in a trawler or other deep-sea fishing vessel or in a pilot vessel”; and

(c)by inserting after sub-regulation (5.) the following sub-regulation:—

“(5a.) Service in a sailing yacht or in a power-driven yacht does not count as qualifying watch-keeping service for a candidate

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* Notified in the Commonwealth Gazette on 1 June 1967.

 Statutory Rules 1964, No. 34.

22625/66.—Price 10c (1s.) 9/19.4.1967

for a certificate of competency as master or first mate of a foreign-going ship unless the Principal Examiner is of the opinion that the service is of such a nature as to warrant its being so counted, and in such a case the service shall be counted at such rate as is determined by the Principal Examiner.”.

Qualifying sea service.

4. Regulation 11 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Notwithstanding anything contained in the last preceding sub-regulation, a candidate who is or has been an apprentice, midshipman or cadet shall be regarded as having served the period of four years’ qualifying sea service under that sub-regulation if he has served on board ship for not less than three-quarters of so much of the period of four years, as remains after deducting the sum of any periods of qualifying sea service that were not performed by him at sea or were performed by him at sea otherwise than as an apprentice, midshipman or cadet”.

Candidate la have second mate certificate.

5. Regulation 13 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A candidate from a country other than Australia who obtained in that country a qualification that, in the opinion of the Principal Examiner, is the equivalent of a certificate of competency as first mate of a foreign-going ship under these Regulations may be admitted to the examination under these Regulations for a certificate of competency as first mate of a foreign-going ship if he is, but for the last preceding sub-regulation, otherwise qualified for admission to that examination.”.

Certificates of competency to be held by candidates.

6. Regulation 19 of the Navigation (Examination of Masters and Mates) Regulations is amended—

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

“(2.) A candidate from a country other than Australia who obtained in that country a qualification that, in the opinion of the Principal Examiner, is the equivalent of a certificate of competency as master of a foreign-going ship under these Regulations may be admitted to the examination under these Regulations for a certificate of competency as master of a foreign-going ship if he is, but for the last preceding sub-regulation, otherwise qualified for admission to that examination.”; and

(b)by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) A candidate who has been a master of a limited coast-trade ship for a period of not less than three years but does not hold a certificate of competency as first mate of a foreign-going ship may be admitted to the examination under these Regulations for a certificate of competency as master of a foreign-going ship if—

(a)he holds a certificate of competency as master of a limited coast-trade ship (sub-grade A), or as second mate of a foreign-going ship, issued under the repealed Regulations or a certificate of competency as master of a limited coast-trade ship, or as second mate of a foreign-going ship, issued under these Regulations; and

(b)he is, but for sub-regulation (1.) of this regulation, otherwise qualified for admission to that examination.

“(5.) This regulation does not apply to a candidate who holds a certificate of service as master of a foreign-going ship.”.

Qualifying watch-keeping service.

7. Regulation 21 of the Navigation (Examination of Masters and Mates) Regulations is amended by inserting in sub-regulation (4.), after the word “apply”, the words “to a candidate who holds a certificate of service as master of a foreign-going ship or who is or has been”.

Certificates of competency to be held by candidates.

8. Regulation 30 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from sub-regulation (2.) the words “who obtained from that country a certificate of competency that is, in the opinion of the Principal Examiner, equivalent to” and inserting in their stead the words “who obtained in that country a qualification that, in the opinion of the Principal Examiner, is the equivalent of”.

Qualifying sea service.

9. Regulation 31 of the Navigation (Examination of Masters and Mates) Regulations is repealed and the following regulation inserted in its stead:—

“31. A candidate is required to have served a period of not less than five years’ qualifying sea service.”.

Prescribed examinations for certificates of competency as mailers and mates.

10. Regulation 40 of the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “from a country other than a Commonwealth country a certificate of competency that is, in the opinion of the Principal Examiner, equivalent to” and inserting in their stead the words “in a country other than a Commonwealth country a qualification that, in the opinion of the Principal Examiner, is the equivalent of”; and

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

“(2a.) The prescribed examination for the purposes of section 18 of the Act for a certificate of competency as master of a foreign-going ship to be taken by a candidate who holds a certificate of service as a master of a foreign-going ship or is admitted to the examination by virtue of sub-regulation (3.) or sub-regulation (4.) of regulation 19 of these Regulations includes an examination in the subject of Ship Maintenance, Routine and Cargo Work as set out in Part II. of the Sixth Schedule.”.

Times of, and order of taking examinations.

11. Regulation 42 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting sub-regulations (6.) and (7.).

Application for examination.

12. Regulation 45 of the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting paragraph (d)of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(d)any certificate given by the appropriate authorities relating to the candidate’s attendance, conduct and proficiency at a school, training ship or naval college approved by the Minister;”; and

(b) by omitting paragraph (k)of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(k)the certificate of proficiency (if any) in first-aid last obtained by the candidate;”.

Degree of accuracy required.

13.Regulation 49 of the Navigation (Examination of Masters and Mates) Regulations is amended—

(a)by omitting from sub-regulation (1.) the words “and the final result is within 0.2 of a minute of an arc of the exact result”; and

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

“(2.) In questions in examinations under these Regulations relating to the ascertaining of compass errors or bearings or relating to courses in chartwork or the making of navigation plots, a candidate shall be deemed to have ascertained the correct result if he has worked—

(a)in respect of calculations—to a degree of accuracy of 0.2 of a degree; and

(b)in respect of plotting—to a degree of accuracy of 0.5 of a degree.”.

Re-examination after failure.

14. Regulation 50 of the Navigation: (Examination of Masters and Mates) Regulations is amended—

(a) by omitting sub-regulations (1.) to (3.), inclusive, and inserting in their stead the following sub-regulations:—

“(1.) A candidate who—

(a) has failed twice, or more often, in the written or oral section (in this sub-regulation referred to as ‘the relevant section’) of an examination under these Regulations; or

(b)has failed once in a section (other than the section relating to signalling) of an examination for a certificate of a kind issued or recognised under a law in force in the United Kingdom that corresponds with a certificate of competency under these Regulations and once in the written or oral section (in this sub-regulation also referred to as ‘the relevant section’) of the examination under these Regulations for the last-mentioned certificate,

shall not be permitted to sit for re-examination in the relevant section of the examination under these Regulations before the expiration of a period of two months from the date of his last failure.

“(1a.) A candidate who has not previously sat for the examination under these Regulations for a particular certificate of competency but who has failed twice, or more often, in a section (other than the section relating to signalling) of an examination for a certificate of a kind issued or recognised under a law in force in the United Kingdom that corresponds with the first-mentioned certificate shall not be permitted to sit for the examination for the first-mentioned certificate before the expiration of a period of two months from the date of his last failure.

“(2.) A candidate for the examination under these Regulations for a certificate of competency as second mate of a foreign-going ship who fails twice, or more often, in Part A or Part B of the written section, or in the whole of the written section, of the

prescribed examination shall not be permitted to sit for reexamination in that Part or that section, as the case may be, before the expiration of a period of two months from the date of his last failure.

“(3.) Where a candidate who has failed in a section or Part of an examination referred to in any of the last three preceding sub-regulations has served in a ship for a period of not less than six months since the failure took place, that failure and any previous failures by him in a section or Part of such an examination shall, for the purposes of that sub-regulation, be disregarded.”;

(b)by omitting from sub-regulation (7.) the words “first-aid or”; and

(c) by omitting sub-regulation (8.).

Credits.

15. Regulation 51 of the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting sub-regulations (6.) and (7.); and

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

“(12.) Where a person who is the holder of a certificate of competency issued under these Regulations as master, first mate or second mate of a limited coast-trade ship in respect only of voyages within particular limits is a candidate for an examination under these Regulations for a certificate of competency in the same capacity in respect of voyages within other limits, the person is entitled to be credited with a pass in all sections of that examination other than in the sections designed to test his knowledge of those other limits.”.

Certificate of proficiency in first-aid.

16. After regulation 52 of the Navigation (Examination of Masters and Mates) Regulations the following regulations are inserted:—

“52a. For the purposes of sub-section (1.) of section 18 of the Act, the prescribed qualifications for the holder of a certificate of competency as second mate, first mate or master of a foreign-going ship or as first mate or master of a limited coast-trade ship include the holding of a certificate of proficiency in first-aid issued to the applicant for the certificate of competency by a body approved for the purposes of these Regulations by the Minister, being a certificate the examination for which was passed by the applicant not earlier than three years before the date on which he passed the examination under these Regulations for the certificate of competency.

Certificate of proficiency as radar observer.

“52b. For the purposes of sub-section (1.) of section 18 of the Act, the prescribed qualifications for the holder of a certificate of competency as second mate of a foreign-going ship include the holding of a certificate of proficiency as radar observer issued to the applicant for the certificate of competency by the Department of Shipping and Transport or by a school approved for the purposes of these Regulations by the Minister, being a certificate issued at a time after the applicant for the certificate of competency had performed two years’ qualifying sea service or such less service as is approved by the Principal Examiner.”.

Certificate of efficiency as lifeboatman.

17. Regulation 53 of the Navigation (Examination of Masters and Mates) Regulations is amended, by adding at the end thereof the following sub-regulation:—

“(2.) If the Minister is satisfied that a certificate of efficiency as lifeboatman issued to a person under the last preceding sub-regulation has been lost or destroyed, he may issue to that person a certified copy of the certificate.”.

Form of certificate of competency.

18. Regulation 54 of the Navigation (Examination of Masters and Mates) Regulations is amended by adding at the end thereof the words “or Form 4, as the case requires.”.

Form of permit to serve.

19. Regulation 55 of the Navigation (Examination of Masters and Mates) Regulations is repealed.

Fee for duplicate certificate or permit.

20. Regulation 57 of the Navigation (Examination of Masters and Mates) Regulations is amended by inserting after the word “Act” the words “,or with a certified copy of a certificate of efficiency as lifeboatman under sub-regulation (2.) of regulation 53 of these Regulations,”.

First Schedule.

21. The First Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from the heading to column 2 the words “Distinguishing number and title of sub-grade under these Regulations.” and inserting in their stead the words “Distinguishing number, and title of sub-grade by reference to type of ship, under these Regulations.”.

Second Schedule.

22. The Second Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by inserting after the words—

“Trainee in a nautical training school or ship, approved by the Minister, who has attained the age of 14 years	Period of training at the school or ship	Such rate for that school or ship as the Minister determines		Such maximum for that school or ship as the Minister determines”
the words—
“Trainee in a naval college approved by the Minister and	Period of training at the college		Such rate for that college as the Minister determines	Such maximum for that college as the Minister determines”;

(b)by omitting the words “Period of service” from the second column opposite to the words “Naval Deck Rating” in the first column and inserting in their stead the words “Period of sea-going service”.

Third Schedule.

23. The Third Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended by omitting the figure and word “6 months” in the third column of Part I., of Part II. and of Part III. opposite to the words “Mid-apprenticeship course at a school approved by the Minister” in the first column and inserting in their stead the words “Such period not exceeding 6 months as the Minister determines”.

Fourth Schedule.

24. The Fourth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended by inserting in the first column of Part I., after the words “Executive Officer in the Naval Reserve of a Commonwealth country”, the words “,whilst holding a certificate of competency not lower than second mate of a foreign-going ship”.

Fifth Schedule.

25. The Fifth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from sub-paragraph (a)of paragraph 1 of Part A of the Written Section of the Syllabus specified in that Schedule the words “Content of ‘M’ notices issued by the Ministry of Transport.” and inserting in their stead the words “Content of notices in the ‘M’ series issued by the Ministry of Transport, or by the Board of Trade, of the United Kingdom.”.

26.The Sixth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a)by inserting after sub-paragraph (j) of paragraph 1 of Part A of the Written Section of Part I. the following sub-paragraph:—

“(k) Gnomenic and stenographic projections.”;

(b) by omitting from Part I. the words—

“The examination for a certificate of efficiency as lifeboatman prescribed by the Tenth Schedule or the examination for a certificate, considered the equivalent by the Minister, granted by a Commonwealth country.”

and inserting in their stead the words—

“The syllabus for a certificate or efficiency as lifeboatman prescribed by the Tenth Schedule or the syllabus for a certificate considered by the Minister to be the equivalent of the first-mentioned certificate.”;

(c) by omitting from Part I. the words—

“Radar Observer Section.

The examination for a certificate of proficiency as radar observer set by a school approved for the purpose of these Regulations by the Minister.”;

(d) by omitting from Parts I., II. and III. the words—

“First-aid Section.

The examination for a certificate of proficiency in ‘first-aid’ set by a body approved for the purpose of these Regulations by the Minister.”;

(e) by omitting from sub-paragraph (d)of paragraph 3 of the Written Section of Part II. the word “initial”;

(f) by inserting after sub-paragraph (d) of paragraph 3 of the Written Section of Part II. the following sub-paragraph:—

“(e) Identification of stars.”;

and

(g) by inserting after the words “Pollution of the Sea by Oil Act 1960” in paragraph 4 of the Written Section of Part III. the words “, the Submarine Cables and Pipelines Protection Act 1963-1966”.

Seventh Schedule.

27. The Seventh Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by inserting after the words “true azimuth” in sub-paragraph (d)of paragraph 3 of the Written Section of Part I. the words “or amplitude”;

(b)by omitting from Parts I., II, and III. the words—

“The examination for a certificate of efficiency as lifeboatman prescribed by the Tenth Schedule or the examination for a certificate, considered the equivalent by the Minister, granted by a Commonwealth country.”

and inserting in their stead the words—

“The syllabus for a certificate of efficiency as lifeboatman prescribed by the Tenth Schedule or the syllabus for a certificate considered by the Minister to be the equivalent of the first-mentioned certificate.”;

and

(c) by omitting from Parts II. and III. the words—

“First-aid Section.

The examination for a certificate of proficiency in ‘first-aid’ set by a

body approved for the purpose of these Regulations by the Minister.”.

Twelfth Schedule.

28. The Twelfth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting from paragraph (a)of Form 2 the words “lifeboats and” and inserting in their stead the words “lifeboats, inflatable rafts and buoyant apparatus and with”;

(b)by omitting from Form 3 the words “Merchant Service” and inserting in their stead the words “Merchant Navy”; and

(c) by omitting Form 4 and inserting in its stead the following form:—

Form 4.

Regulation 54.

Commonwealth of Australia

Navigation (Examination of Masters and Mates)

(a)Specify whether master, first mate or second mate.

(b)Specify type of ship.

(c) Insert name of person to whom certificate is to be granted

CERTIFICATE OF COMPETENCY AS (a)

OF A LIMITED

COAST-TRADE (b)

To: (c)

Whereas you have been found duly qualified to fulfil the duties of (a)

of a limited coast-trade (b)

voyaging within the limits specified in the Schedule to this Certificate, the Minister of State for Shipping and Transport, in exercise of his powers under the Navigation Act and ‘all other powers enabling him in that behalf, hereby grants you this Certificate of Competency.

Dated this

  day of

, 19

 .

Minister of State for Shipping

and Transport.

The Schedule

[Here specify the limits of voyages to which the certificate relates.]

Application of amendments.

29. The amendments made by these Regulations in so far as they relate to examinations or parts of examinations for certificates of competency apply in relation to examinations or parts of examinations that commence to be held after the commencement of these Regulations.

           

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