Navigation (Manning and Accommodation) Regulations 1920 (Cth)

STATUTORY RULES.

1920. No. 18.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912–1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Navigation Act 1912–1919, to come into operation on and from the 2nd day of March, 1920.

Dated this twenty-second day of January, 1920.

R. M. FERGUSON,

Governor-General.

by His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Trade and Customs.

 

Navigation (Manning and Accommodation) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Manning and Accommodation) Regulations 1920.

Definitions.

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

“Collector” means the Collector of Customs for a State, and includes any principal officer of Customs doing duty at the time and place and any officer doing duty in the matter in relation to which the expression is used;

“Director of Navigation” means the Director of Navigation for the Commonwealth;

“Minister” means the Minister of State for Trade and Customs;

“The Act” means the Navigation Act 1912–1919.

(2) A reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Manning scale—Officers. Sec. 14 and Schedule I.

3. (1) Subject to sub-regulations (2) and (4) of this regulation, every ship registered in Australia, and every other British ship engaged in the coasting trade, shall carry a duly certificated master and officers according to the scale set out in Schedule I. to the Act.

 

(2) In the case of a steam-ship to which sub-regulation (1) of this regulation applies and which is of 400 nominal horse-power or over, engine-room officers and greasers shall be carried in accordance with the following scale:—

Nominal Horse-power of Engines.

Minimum number of duly certificated Engineers holding Certificates not lower than—

Minimum number of Engineers (certificated and non-certificated), Single Screw.

Additional Engineers (not necessarily certificated) for Steam-ships having more than one Screw.

Greasers.

First Class Engineer.

Second Class Engineer.

First Class Coast Engineer.

Second Class Coast Engineer.

Third Class Coast Engineer.

400 and over

2

2

..

..

..

6

2

3(a)

(a) If more than one screw, three greasers additional.

(3) Pending the issue, under the provisions of the Act, of certificates of competency for officers, certificates recognised by the Board of Trade of the United Kingdom, or by the competent authority of a State, as sufficient for a ship and for the class of voyage in which she is engaged, shall be accepted, for officers on that ship as, or in lieu of, the certificates referred to in Schedule I. to the Act.

(4) Where any ship which is subject to this regulation has been in commission within the period of twelve months immediately preceding the commencement of these Regulations, and during the time she was so in commission, the conditions of employment of officers on the ship have, as regards wages and hours of work—

(a) been governed by awards of the Commonwealth Court of Conciliation and Arbitration or of a State Court of Industrial Arbitration or by agreements filed in the office of the Registrar or other proper officer of any such Court; or

(b) in cases not covered by such awards or agreements, been not less favorable to the officers than those therein provided,

the number and description of the officers carried during that time shall—

(c) for a period of six months after the commencement of these Regulations; or

(d) until the number and description of the officers to be carried by ships of her class have been prescribed by regulation,

whichever period is the shorter, be deemed to be the scale of officers for that ship for the purposes of the Act and these Regulations.

Application for variation of scale of officers.

4. (1) Application for a variation of the scales of certificated officers to be carried by any class of ships specified in Schedule I. to the Act may be made—

(a) in the case of ships registered in Australia, or chartered by persons whose principal place of business is in Australia— by the owner or charterer, or two or more owners conjointly, or an association of owners, or an association of officers registered as an organization under the Commonwealth Conciliation and Arbitration Act 1904–1918; and

(b) in the case of other British ships engaged in the coasting trade—by the master or agent.

(2) Such application shall be made in accordance with Form M & A–1, and shall be addressed to the Director of Navigation, Melbourne.

(3) The receipt of an application for a variation in the scale of officers for any class of ships shall be notified in the Gazette and any person may within fourteen days after the date of the notification make, to the Director of Navigation, representations with respect to the application.

(4) After the expiration of that period the Director of Navigation shall refer the application, together with any representations made with respect thereto, to the Marine Council for consideration, and the Marine Council shall advise the Minister in regard thereto.

Manning scale—Crews.Sec. 43 and Schedule II.

5. (1) Subject to sub-regulations (3) and (4) of this regulation, every ship registered in Australia, and every other British ship engaging in the coasting trade, shall carry as crew the number and description of persons (including greasers) specified in the Scale set out in Schedule II. to the Act, and in the column headed “Greasers” of Scale (2) of Schedule I. to the Act.

(2) For the purpose of determining, under the provisions of Schedule II. to the Act, the total number of firemen and trimmers to be carried by a steam-ship fired with coal, the amount of coal consumed per diem by the steam-ship shall be ascertained according to the following formula:—

A C H × 24 = coal consumption per diem; A C H being the average weight of coal consumed per hour, based upon the consumption (as recorded in the engineer’s log) taken over the last 720 hours’ steaming time (not necessarily continuous) at sea:

Provided that in the case of a steam-ship which has not been in the aggregate 720 hours under steam at sea, the coal consumption per hour shall, until the steam-ship has been 720 hours at sea under steam, be deemed to be as follows:—

Under natural draught—For each square foot of grate area—20 lbs. of coal per hour.

Under forced draught—For each square foot of grate area—27 lbs. of coal per hour.

The grate area of a furnace shall, for the purposes of this regulation, be estimated by multiplying the total length of fire-bar surface by the mean diameter of the furnace.

(3) The Minister may, after advice from the Marine Council, specify the number and description of persons to be carried as crew any ship subject to this regulation, and the number and description so specified shall thereupon for the purposes of the Act and these Regulations be deemed to be the scale of crew for that ship.

(4) Where any ship which is subject to this regulation, has been in commission within the period of twelve months immediately preceding the commencement of these Regulations, and during the time she was

so in commission, the conditions of employment of the crew on the ship have, as regards wages and hours of work—

(a) been governed by awards of the Commonwealth Court of Conciliation and Arbitration or of a State Court of Industrial Arbitration or by agreements filed in the office of the Registrar or other proper officer of any such Court; or

(b) in cases not covered by such awards or agreements, been not less favorable to the crew than those therein provided,

the number and description of deck hands, greasers, firemen, trimmers, cooks, boys or apprentices (if any), and shipwrights (if any) carried as crew during that time shall—

(c) for a period of six months after the commencement of these Regulations; or

(d) until the number and description of the crew to be carried by ships of her class have been prescribed by regulation or have been specified by the Minister,

whichever period is the shorter, be deemed to be the scale of crew for that ship for the purposes of the Act and these Regulations.

Application for variation or specification of scale of crew.

6. (1) Application for a variation of the Scale of crew to be carried by any class of ships, as specified in Schedule II. to the Act and in the column headed “Greasers” of Scale (2) of Schedule I. to the Act, may be made—

(a) in the case of ships registered in Australia, or chartered by persons whose principal place of business is in Australia—by the owner or charterer, or two or more owners conjointly, or an association of owners, or an association of seamen registered as an organization under the Commonwealth Conciliation and Arbitration Act; and

(b) in the case of any class of other British ships engaged in the coasting trade—by three or more masters or agents conjointly.

(2) Application for a specification by the Minister of the number and description of persons to be carried as the crew, or as a section of the crew, of a particular ship may be made—

(a) in the case of ships registered in Australia, or chartered by persons whose principal place of business is in Australia—by the owner or charterer, or by an association of seamen registered as an organization under the Commonwealth Conciliation and Arbitration Act; and

(b) in, the case of other British ships engaged in the coasting trade—by the master or agent.

(3) Any application made in pursuance of this regulation shall be in accordance with Form M & A—2 or Form M & A—3, as the case requires, and shall be addressed to the Director of Navigation, Melbourne.

(4) The receipt of an application for a variation in the scale of crew for any class of ships shall be notified in the Gazette and any person may within fourteen days after the date of the notification make, to the Director of Navigation, representations with respect to the application.

(5) After the expiration of that period the Director of Navigation shall refer the application, together with any representations made with respect thereto, to the Marine Council for consideration, and the Marine Council shall advise the Minister in regard thereto.

Accommodation for seamen and apprentices—bunks.(Sec. 136 (1)(g).)

7. (1) The bunks provided for the use of seamen and apprentices on ships registered in Australia or engaged in the coasting trade shall be constructed and fitted as provided in this regulation.

(2) Bunks shall be constructed of metal throughout. In cases where the bunks have been installed before the commencement of the Act, they shall be of a minimum length of 6 feet and of a minimum width of 2 feet and in cases where they have been installed after the commencement of the Act, of a minimum length of 6 feet 6 inches, and of a minimum width of 2 feet 3 inches.

(3) The bottoms of the bunks shall be of wire upon substantial metal frames. The attachment of the wire to the frame shall be around, and not through perforations in, the metal of the frame.

(4) The bottoms, sides and ends shall be capable of complete removal.

(5) Each bunk, with the exception of the wire bottom, shall be galvanized or painted a light colour.

(6) Bunks shall be so constructed as to be as far as possible vermin proof. If metal tubes are used in their construction, the ends of the tubes shall be completely sealed, and there shall be no holes in any part of the tubes capable of giving access of vermin to the interior.

(7) Each bunk shall have a separate approach from the side, and shall be not less than two and one-half inches from the side of the ship.

(8) There shall be a clear space of not less than 1 foot 6 inches between the floor and the lower or any bunk. Bunks shall not be arranged in more than two tiers. Where bunks are arranged in tiers there shall be a clear space of not less than 2 feet between the lower and the upper bunks, and a clear space of not less than 2 feet 6 inches between the upper bunk and the deck overhead.

Applications to licences to engage in the coasting trade. Sec. 288.

8. The master, owner, charterer or agent of a ship may make application in accordance with Form M & A—4 to a Collector for a licence for that ship to engage in the coasting trade.

Applications for renewal of licences.

9. In the case of a ship in respect of which a licence to engage in the coasting trade has been issued, the master, owner, charterer or agent of that ship may make application in accordance with Form M & A—5 to the Collector for a renewal of the licence upon the expiration of the period for which it was issued.

Application and licence fees.

10. An application for a licence or the renewal of a licence in pursuance of the last two preceding regulations shall be accompanied by the following fee:—

£	s.	d.
(a) For a ship not exceeding 500 tons gross register....................................	0	10	0
(b) For a ship exceeding 500 tons but not exceeding 2,000 tons gross register	1	0	0
(c) For a ship exceeding 2,000 tons gross register........................................	2	10	0

Provided that in the case of a first application for a licence made after the first of January in any year the fee shall be one-half of the amount specified in this regulation.

Licences and renewals.

11. (1) Upon receipt of an application in accordance with Form M & A—4 or Form M & A—5, accompanied by the prescribed fee,

a Collector may issue a licence or grant a renewal of a licence, as the case requires, permitting the ship in respect of which application is made to engage in the coasting trade.

(2) Licences shall be in accordance with Form M & A—6 and shall be issued in respect of the period ending on the 30th June next following the date of issue.

(3) Renewals of licences may be granted from time to time for a period of one year.

Licences how dealt with.

12. (1) A licence to engage in the coasting trade shall be issued in duplicate. One copy, marked “Ship’s Copy,” shall be posted in some conspicuous place on board the ship accessible to all persons on board, and the master shall use all reasonable precautions to keep it so posted during the time the ship is engaged in the coasting trade. The second copy, marked “Master’s Copy,” shall be kept in the custody of the master, and shall be produced by him to the Collector at each port in Australia where the ship is entered inwards at the Customs, and also, in the case of a ship clearing for a place beyond Australia, at the port where she is entered outwards.

(2) No person shall wilfully deface or destroy, during its currency, any “Ship’s Copy” of a licence.

Penalty for any offence against this regulation: Five Pounds.

Refund of fees.

13. If an application for a licence or for the renewal of a licence is refused, a refund shall be made to the applicant of one-half of the amount of the fee paid.

Security—Form of, &c. Sec. 288 (5).

14. (1) When security is to be given for any purpose under the Act, the Minister may accept a security in accordance with Form M & A—7.

(2) A security in accordance with Form M & A—7 shall suffice for all the purposes of a bond or guarantee under the Act and these Regulations, and, without sealing, shall bind its subscribers as if sealed, and, unless otherwise provided therein, jointly and severally and for the full amount.

(3) Whenever a security in accordance with Form M & A—7 is put in suit by the Minister the production thereof, without further proof, shall entitle the Minister to judgment against the persons appearing to have executed the same for their stated liability unless the defendants prove—

(a) compliance with the condition; or

(b) that the security was not executed by them; or

(c) release or satisfaction.

(4) If at any time the Minister is not satisfied with the sufficiency of any security, he may require a fresh security, and fresh security shall be given accordingly, either in accordance with Form M & A—7 or in such other form as the Minister requires.

Evidence of payment of Australian rate of wages. Sec. 289.

15. Before a ship, licensed to engage in the coasting trade, is granted a clearance for any port beyond Australia, the master shall produce to the Collector a statement in Form M & A—8, showing the period for which the ship has been engaged in the coasting trade, together with an acknowledgement, in accordance with Form M & A—9, by the officers

and crew of the ship, that the wages at the current rates ruling in Australia due to them for the period the ship has been so engaged, have been paid to them in full, as required by the Act.

Forms.

16 (1) “Where a prescribed form contains, by way of note or otherwise a clear indication or direction of any requirement as to—

(a) the number of copies of the document to be tendered (the words “In duplicate,” for example, being a sufficient indication of the number required);

(b) the nature or form of the information to be furnished; or

(c) any action, either by way of signing a form of declaration or otherwise, to be taken by the person concerned in the transaction in which the document is used,

the requirement so indicated shall be deemed to be prescribed.

(2) The Collector may accept, in lieu of any prescribed form, other than a prescribed form of security, a document which is substantially in accordance with the prescribed form.

 

SCHEDULE.

——

Commonwealth of Australia.

Reg. 4. Form M & A—1.

Navigation Act 1912–1919.

Sec. 14. (In triplicate.)

MANNING SCALE–OFFICERS.

Application for a Variation of the Scale of Officers to be Carried by any Class of Ships Specified in Schedule I. to the Act.

I, (full name of applicant) of (address) the (registered owner or charterer, or managing director secretary or agent ofthe registered owner or charterer, or master of the vessel, or secretary of (an organization of officers), or as the case may be)

declare that I am authorized to make application, and I do hereby apply, that the scale of (deck or engine-room) officers prescribed by Schedule I. to the Navigation Act 1912–1919 be varied in respect of the class of ships and in the manner hereunder specified. The reasons in support of this application are fully set out in the attached memorandum:—

Class of ships (Foreign-going, Australian-trade, or as the case may be, according to the enumeration of classes of ships in Schedule I.).—

Variation desired.—

Dated at this day of 19

(Signature)

(Witness)

Commonwealth of Australia.

Reg. 6. Form M & A—2.

Navigation Act 1912–1919.

Sec. 43. (In triplicate.)

MANNING SCALE—CREW.

Application for a Variation in Respect of the Persons Carried as Crew by any Class of Ships of the Scale Specified in Schedule II. to the Act.

I, (full name of applicant) of (address) the (registered owner or charterer, or managing director secretary or agent ofthe registered owner or charterer, or master of the vessel, or secretary of (an organization of seamen), or as the case may be)

declare that I am authorized to make application, and I do hereby apply, that the scale of crew prescribed by Schedule II. to the Navigation Act 1912–1919 be varied in respect of the class of ships and in the manner hereunder specified.

The reasons in support of this application are fully set out in the attached memorandum:—

Class of ships (foreign-going, Australian-trade, or as the case may be, according to the enumeration of classes of ships in Schedule II.).—

Variation desired.—

Dated at this day of 19

(Signature)

(Witness)

 

Commonwealth of Australia.

Reg 6. Form M & A—3.

Navigation Act 1912–1919.

Sec. 43. (In triplicate.*)

MANNING SCALE—CREW.

Application for a Specification by the Minister of the Number and Description of Persons to be Carried as Crew by a particular Ship.

Name of Ship.	Description.	Nationality.	Port of Registry and Official Number.	Name of Master.	Tonnage.		N.H.P. of Engines (if any).
					Gross.	Net.

I, (full name of applicant) of (address) the (registered owner or charterer, or managing director secretary or agent ofthe registered owner or charterer, or master of the vessel, or secretary of (an organization of seamen), or as the case may be)

declare that I am authorized to make application, and I do hereby apply, that in lieu of the number of (seamen, greasers, firemen, trimmers, or as the case may be) prescribed by Schedule II. to the Navigation Act 1912–1919 to be carried by ships of the class to which the above-mentioned vessel belongs, the Minister be moved to specify for the ship an amended number as follows:—

Number prescribed by Schedule II.—

Number desired to be specified.—

The reasons in support of this application are fully set out in the attached memorandum.

Dated at this day of 19

(Signature)

(Witness)

* Note.—Separate application to be made, in triplicate, in respect of each ship, and as regards (a) deck hands, (b) stoke-hole hands, (c) cooks, and (d) other ratings.

Commonwealth of Australia.

Reg. 8. Form M & A—4.

Navigation Act 1912–1919.

Sec. 288.

application for a licence for a ship to engage in the coasting trade.

Name of Ship.	Description.			Nationality.		Port of Registry and Official Number.
Name of Master.			Tonnage.		*N.H.P. of Engines (if any).
			Gross.	Net.
Manning Scale.
Deck Officers (including Master).		Engineers.		Other Ratings.			Total.

Trade or voyage in which engaged.—

I certify that the vessel named is not receiving, and is not under any arrangement to receive, nor during the past twelve months has she received, either directly or indirectly, any  subsidy or bonus from any Government other than that of a part of the British Dominions.

In consideration of a licence being granted I undertake, on my own behalf and on behalf of the master, owner, and agent (if any) of the vessel, that during such time as she is engaged in the coasting trade all requirements of the Navigation Act 1912–1919 and Regulations will be complied with, and that, in particular, the following conditions will be faithfully observed, namely:—

(a) That the officers and crew employed on the ship shall be paid wages in accordance with Part VI. of the Navigation Act 1912–1919;

(b) That the vessel shall be provided with officers and seamen, and with approved accommodation therefor, in accordance with the requirements of the Navigation Act 1912–1919; and

(c) That, if a library is provided on the vessel for the use of passengers, but none is provided for the special use of the officers and crew, the latter shall be entitled to obtain books from the ship’s library upon the same conditions as regulate the issue of such books to the passengers.

The prescribed application-fee of £ has been duly paid. Copy of receipted entry form herewith.

I, (full name of applicant) of (address) the (registered owner or charterer, or managing director secretary or agent ofthe registered owner or charterer, or master) of the (name of vessel) declare that I am authorized to apply and I do hereby make application as above. I further declare that to the best of my knowledge and belief the particulars given herein are in every respect true and correct.

(Signature)

Signed and declared before me at this day of  19.

Collector.

 

* N.H.P. (nominal horse-power) to be calculated as follows:—

Reciprocating Engines.—The sum of the squares of the diameters in inches of all the engine-room steam cylinders ÷ 30=N.H.P.

Rotary Engines.—Grate area in square feet x 1¼ = N.H.P. (Grate area of a furnace to be ascertained by multiplying the total length of fire-bars by the mean diameter of the furnace).

 Payment for servicesbonâ fide rendered in the carriage of mails, passengers or goods, at rates based solely on the actual commercial value of these services, is not regarded as a subsidy within the meaning of the Navigation Act.

Commonwealth of Australia.

Reg. 9. Form M &A—5.

Navigation Act 1912–1919.

Sec. 288.

APPLICATION FOR RENEWAL OF A LICENCE TO ENGAGE IN COASTING TRADE.

Name of Ship.	Description.		Nationality.		Port of Registry and Official Number.
						Name of Master.		Tonnage.		*N.H.P. of Engines (if any).
Gross.	Net.

Trade or voyage in which engaged.—

I, (full name of applicant) of (address) the (registered owner or charterer or managing director secretary or agent ofthe registered owner or charterer, or master) of the (name of vessel) declare that I am authorized to apply and do hereby make application that the Licence to Engage in the Coasting Trade, No.  , issued in respect of the above-named vessel at the port of on 19 (the “Master’s Copy” of which is attached hereto), be renewed for a further period of twelve months.

I declare, to the best of my knowledge and belief, that during the currency of the present licence the requirements of the Navigation Act 1912–1919 and Regulations in respect of vessels engaging in the coasting trade have been complied with in regard to that vessel, and I undertake that, in consideration of a renewal of the licence being granted, all such requirements will, during the period covered by the licence as renewed, be faithfully observed by the master, owner and agents of the vessel.

The prescribed renewal application-fee of £  has been duly paid. Copy of receipted entry form herewith.

(Signature)

Signed and declared before me at this day of  19

Collector.

 

* N.H.P. (nominal horse-power) to be calculated as follows:—

Reciprocating Engines.—The sum of the squares of the diameters in inches of all the engine-room steam cylinders÷30 = N.H.P.

Rotary Engines.—Grate area in square feet x 1¼=N.H.P. (Grate area of a furnace to be ascertained by multiplying the total length of fire-bars by the mean diameter of the furnace).

Commonwealth of Australia.

Reg. 11. Form M & A—6.

Navigation Act 1912–1919.

Sec. 288.

LICENCE TO ENGAGE IN THE COASTING TRADE.

No.

Name of Vessel. Port of Registry and Official Number. Name of Master.

Pursuant to the provisions of Part VI. of the Navigation Act 1912–1919, the above-named vessel is hereby licensed, for the period ending on the 30th day of June, 19 , to engage in the coasting trade, subject to compliance by her master, owner and agent, in respect of the vessel, with the provisions of the said Act and of the Regulations thereunder, and in particular with the following conditions:—

(a) That the officers and crew employed on the vessel shall, for the period during which she is engaged in the coasting trade, be paid wages at the current rates ruling in Australia; and

(b) That the vessel shall be provided with officers and seamen, and with approved accommodation therefor, in accordance with the provisions of the said Act.

Dated at this day of 19

(Official stamp.)

Collector of Customs for the State of

 

The Commonwealth of Australia.

Reg. 14. Form M & A—7.

The Navigation Act 1912–1919.

Sec. 288.

SECURITY TO THE MINISTER.

By this Security the subscribers are, pursuant to the Navigation Act 1912–1919 and the Regulations made thereunder, bound to the Minister for Trade and Customs of the Commonwealth of Australia in the sum of (here insert amount or mode of ascertaining amount intended to be paid in default of compliance with condition) subject only to this condition that if (here insert the condition of the security) then this security shall be thereby discharged.

Dated at the day of 19

Names and Descriptions of Subscribers. Signatures of Subscribers. Signatures of Witnesses.

 

Commonwealth of Australia.

Reg. 15. Form M & A—8.

Navigation Act 1912–1919.

Sec. 289.

STATEMENT OF PERIOD OF ENGAGEMENT IN THE COASTING TRADE.

(For vessels clearing to places beyond Australia.)

Name of Ship. Port of Registry. Name of Master.

I, (full name) the Master of the above-mentioned vessel, in respect of which a licence, No.  , to engage in the coasting trade was issued at the port of on , and which is now about to proceed to a port beyond Australia, do hereby declare that the period of engagement of the vessel in the coasting trade, during the present voyage, has been as follows:—

Date of Commencement.	Date of Termination.	Period.
		Months.	Days.

I declare that for such period the officers and seamen employed on the vessel have been paid wages at the current rates ruling in Australia, and produce herewith an acknowledgment by the officers and seamen at present employed of the receipt in full of the amounts of such wages.

(Signature)

Signed and declared before me at this day of   19

Collector.

Commonwealth of Australia.

Reg. 15. Form M & A—9.

Navigation Act 1912-1919.

Sec. 289.

ACKNOWLEDGMENT OF RECEIPT OF WAGES AT AUSTRALIAN RATES.

(For vessels clearing to places beyond Australia.)

Name of Ship.		Port of Registry.		Name of Master.
Date of Commencement of Engagement in Coasting Trade.	Date of Termination of Engagement in Coasting Trade.		Period.
			Months.		Days.

We, the undersigned officers and crew of the above-named vessel, hereby acknowledge that we have received our wages in full, at the rates specified against our respective names (being the current rates of wages in Australia for our respective ratings) for the total period of the engagement of such vessel in the coasting trade, as set out above.

Signature.	Rating.	Wages per Month.			Signature.	Rating.	Wages per Month.
£	s.	d.	£	s.	d.
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Countersigned

Master.

Date 19

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.