Navigation (Manning and Coasting Trade) Regulations (Amendment) (Cth)

NAVIGATION ACT

NAVIGATION (MANNING AND COASTING TRADE) REGULATIONS

Statutory Rules 1971 No. 63(a)

1. Regulation 2 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation inserted in its stead:—

Parts.

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

Part I.— Preliminary (Regulations 1-5).

Part II.— Manning (Regulations 6-19).

Part III.— Coasting Trade (Regulations 25-35).”.

Interpretation.

2. Regulation 4 of the Navigation (Manning and Coasting Trade) Regulations is amended—

(a)by omitting from the definition of “Manning Committee” in sub-regulation (1.) the words “on any proposal to vary the scales of officers or crew to be carried by any ship or class of ships” and inserting in their stead the words “with respect to an application to vary or specify the prescribed complement of officers or the prescribed crew for a ship”; and

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

“(3.) In these Regulations—

(a) a reference to the prescribed complement of officers for a ship shall be read as a reference to the prescribed complement of officers for the ship for the purposes of section 14 of the Act; and

(b)a reference to the prescribed crew for a ship shall be read as a reference to the prescribed crew for the ship for the purposes of section 43 of the Act.”.

Engineers to be carried by certain ships.

3. Regulation 7 of the Navigation (Manning and Coasting Trade) Regulations is repealed.

4. Regulation 9 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation inserted in its stead:—

Application for variation or specification of scale of officers.

“9.—(1.) An application for a direction under sub-section (3.) of section 14 of the Act in respect of a ship may be made to the Minister—

(a) by the owner, charterer or agent of the ship;

(b) by an association of officers registered as an organization under the Conciliation and Arbitration Act 1904-1970; or

(c) by the Secretary.

“(2.) An application referred to in the last preceding sub-regulation—

(a) shall be in accordance with Form M.A.C.T. 1 or 1a, whichever is applicable; and

(a) Made under the Navigation Act 1912-1970 on 13 May 1971; notified in the Commonwealth Gazette on 20 May 1971.

(b) may, unless it is an application by the Secretary, be made by furnishing the application to the Secretary.

“(3.) In sub-regulation (1.) of this regulation, a reference to a ship shall be read as including a reference to a ship that is to be constructed or is in the course of construction.”.

Manning scale —Crews.

5. Regulation 10 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting the proviso to sub-regulation (1.).

Repeal of regulations 11 and 12.

6. Regulations 11 and 12 of the Navigation (Manning and Coasting Trade) Regulations are repealed.

Shipwrights or ships carpenters.

7. Regulation 13 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting sub-regulations (1.), (2.) and (3.).

Repeal of regulations 14 to 16b.

8. Regulations 14, 15, 16, 16a and 16b of the Navigation (Manning and Coasting Trade) Regulations are repealed.

9. Regulation 17 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulations are inserted in its stead:—

Application for variation or specification of scale of crew.

“17.—(1.) An application for a direction under sub-section (3.) of section 43 of the Act in respect of a ship may be made to the Minister—

(a)by the owner, charterer or agent of the ship;

(b)by an association of seamen registered as an organization under the Conciliation and Arbitration Act 1904-1970; or

(c) by the Secretary.

“(2.) An application referred to in the last preceding sub-regulation—

(a)shall be in accordance with Form M.A.C.T. 2 or 3, whichever is applicable; and

(b)may, unless it is an application by the Secretary, be made by furnishing the application to the Secretary.

“(3.) In sub-regulation (1.) of this regulation, a reference to a ship shall be read as including a reference to a ship that is to be constructed or is in the course of construction.

Plan to be furnished.

“18.—(1.) Where a contract is entered into (whether by the acceptance of a tender or otherwise) —

(a) for the construction, alteration or reconstruction of a ship that is intended to be registered in Australia or engaged in the coasting trade; or

(b)for the alteration or reconstruction of a ship that is registered in Australia or is engaged in the coasting trade,

the person to whose order the ship is being constructed, altered or reconstructed shall, as soon as practicable after the date on which the contract is entered into and before the expiration of seven days after that date, cause to be submitted to the Secretary, for the purpose of enabling the prescribed complement of officers, and the prescribed crew, for the ship to be determined, eight copies of a plan or plans of the ship, or of the ship as proposed to be altered or reconstructed, as the case may be, on a scale not smaller than one in one hundred, showing such details as are necessary to enable the prescribed complement of officers, and the prescribed crew, for the ship to be determined.

Penalty: One hundred dollars.

“(2.) Where a ship is to be imported into Australia and—

(a) is to be registered in Australia; or

(b) is to be engaged in the coasting trade,

the owner, charterer or agent of the ship shall, for the purpose of enabling the prescribed complement of officers, and the prescribed crew, for the ship to be determined, cause to be submitted to the Secretary, as soon as practicable after the commencement of the voyage to Australia for the purpose of being so imported and before the arrival of the ship at its first port of entry into Australia, eight copies of a plan or plans of the ship, on a scale not smaller than one in one hundred, showing such details as are necessary to enable the prescribed complement of officers, and the prescribed crew, for the ship to be determined.

“(3.) Sub-regulation (2.) of this regulation does not apply to or in relation to a ship to which sub-regulation (1.) of this regulation applies.

“(4.) Where a plan or plans of a ship are not furnished as required by sub-regulation (2.) of this regulation, the owner, charterer and agent of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding One hundred dollars.

Manning Committees.

“19.—(1.) Subject to the next succeeding sub-regulation, a Manning Committee shall consist of three members.

“(2.) Where an application is made for a direction under sub-section (3.) of section 14 of the Act, or under sub-section (3.) of section 43 of the Act, in respect of a ship and the Secretary reports to the Minister that, by reason of circumstances within the control of a party to the application, the application has not been, or cannot be, considered and determined without undue delay, a Manning Committee in relation to that application may consist of two members.

“(3.) Where the Secretary reports to the Minister in accordance with the last preceding sub-regulation in respect of an application, the Secretary shall inform the parties to the application that he has so reported.

“(4.) For the purpose of the last two preceding sub-regulations, the parties to an application in respect of a ship are—

(a) the owner, charterer or agent, as the case may be, of the ship; and

(b)the association of officers or seamen, registered as an organization under the Conciliation and Arbitration Act 1904-1970, to whose members the application relates.

“(5.) Where the Minister appoints persons to constitute a Manning Committee, he shall appoint one of those persons to be the Chairman of the Committee.

“(6.) Where the Minister appoints a person to be a member of a Manning Committee, he may appoint another person to be the deputy of that member.

“(7.) In the event of the absence of a member from a meeting of a Manning Committee, the deputy of that member is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the Manning Committee in place of the member who is so absent.

“(8.) Where a Manning Committee consists of three members—

(a)all questions shall be decided by a majority of votes of the members voting; and

(b)the Chairman of the Committee does not have a deliberative vote but has, in the event of an equality of votes, a casting vote.

“(9.) Where a Manning Committee consists of two members and the members do not agree on the decision on a question, the decision of the Chairman of the Committee on the question shall be deemed to be the decision of the Committee.

“(10.) A question shall be taken not to have been decided at a meeting of a Manning Committee unless all the members of the Committee are present when the members vote on the question.”.

Heading.

10. The heading immediately preceding regulation 25 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following heading inserted in its stead:—

“Part III.— Coasting Trade.”.

11. Regulation 30 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation inserted in its stead:—

Licence fees.

“30.—(1.) Subject to the next succeeding sub-regulation, an application for a licence under regulation 28 of these Regulations, or for the renewal of a licence under the last preceding regulation, shall be accompanied by whichever of the following fees is applicable:—

$
If the ship does not exceed 500 tons gross register................................................................................................................................................	1.00
If the ship exceeds 500 tons but does not exceed 2,000 tons gross register................................................................................................................................................	2.00
If the ship exceeds 2,000 tons gross register................................................................................................................................................	5.00

“(2.) Where an application is made for a licence under regulation 28 of these Regulations after the first day of January and before the thirtieth day of June in a year, the application shall be accompanied by a fee equal to half the fee that, but for this sub-regulation, would be applicable under the last preceding sub-regulation.”.

Forms 1, 2 and 3.

12. Forms 1, 2 and 3 in the First Schedule to the Navigation (Manning and Coasting Trade) Regulations are repealed and the following forms inserted in their stead:—

Form M.A.C.T. 1 Regulation 9.

Commonwealth of Australia

Navigation (Manning and Coasting Trade) Regulations

MANNING SCALED—OFFICERS

APPLICATION FOR A DIRECTION VARYING THE PRESCRIBED COMPLEMENT OF OFFICERS FOR A SHIP

To the Minister for Shipping and Transport,

I, (full name of applicant); of (address), (here insert the capacity in which the applicant is acting), hereby apply for a direction that the prescribed complement of deck officers (or engineroom officers) for the following ship be varied * in the manner specified hereunder.

* Omit “in the manner specified hereunder” if the application is made by the Secretary.

Name (or Shipyard and Yard No.) of Ship:

Port of Registry 

:

:

(Where applicable) 

 

Official No. 

 Omit if the application is made by the Secretary.

  Variation desired:

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

‡Omit if the application is not made by the owner, charterer or agent of the ship.

‡Plans of the ship showing such details as are necessary to enable the prescribed complement of deck officers (or engineroom officers) to be determined have already been furnished to the Secretary (or are furnished with this application or will be furnished to the Secretary within days).

Dated this day of , 19 .

(Signature)

Form M.A.C.T. 1a Regulation 9.

Commonwealth of Australia

Navigation (Manning and Coasting Trade) Regulations

MANNING SCALE-OFFICERS

APPLICATION FOR A DIRECTION SPECIFYING THE PRESCRIBED COMPLEMENT OF OFFICERS FOR A SHIP

To the Minister for Shipping and Transport,

I, (full name of applicant), of (address), (here insert the capacity in which the applicant is acting), hereby apply for a direction that the prescribed complement of deck officers (or engineroom officers) for the following ship—

* Omit “as follows” if the application is made by the Secretary.

Name (or Shipyard and

Yard No.) of Ship:

:

:

Port of Registry

(Where applicable) 

Official No. 

be specified * as follows:—

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

  Omit if the application is not made by the owner, charterer or agent of the ship.

  Plans of the ship showing such details as are necessary to enable the prescribed complement of deck officers (or engineroom officers) to be determined have already been furnished to the Secretary (or are furnished with this application or will be furnished to the Secretary within days).

Dated this day of , 19 .

(Signature)

Form M.A.C.T. 2 Regulation 17.

Commonwealth of Australia

Navigation (Manning and Coasting Trade) Regulations

MANNING SCALE—CREW

APPLICATION FOR A DIRECTION VARYING THE PRESCRIBED CREW FOR A SHIP

To the Minister for Shipping and Transport,

I, (full name of applicant), of (address), (here insert the capacity in which the applicant is acting), hereby apply for a direction that the prescribed crew of deck ratings (or engine-room ratings or deck or engineroom ratings or cooks or stewards or shipwrights or crew attendants or other ratings) for the following ship be varied * in the manner specified hereunder.

* Omit “in the manner specified hereunder”if the application is made by the Secretary.

Name (or Shipyard and

Yard No.) of Ship:

:

:

Port of Registry 

(Where applicable) 

Official No. 

  Variation desired;

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

 Omit if the application is made by the Secretary.

‡ Omit if the application is not made by the owner, charterer or agent of the ship.

‡Plans of the ship showing such details as are necessary to enable the prescribed crew of deck ratings (or as the case may be) to be determined have already been furnished to the Secretary (or are furnished with this application or will be furnished to the Secretary within days).

Dated this day of , 19 .

(Signature)

Form M.A.C.T. 3 Regulation 17.

Commonwealth of Australia

Navigation (Manning and Coasting Trade) Regulations

MANNING SCALE—CREW

APPLICATION FOR A DIRECTION SPECIFYING THE PRESCRIBED CREW FOR A SHIP

To the Minister for Shipping and Transport,

I, (full name of applicant), of (address), (here insert the capacity in which the applicant is acting), hereby apply for a direction that the prescribed crew of deck ratings (or engineroom ratings or deck or engineroom ratings or cooks or stewards or shipwrights or crew attendants or other ratings) for the following ship—

* Omit “as follows” if the application is made by the Secretary.

Name (or Shipyard and

Yard No.) of Ship:

:

:

Port of Registry 

 (Where applicable) 

Official No. 

be specified * as follows:—

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

  Omit if the application is not made by the owner, charterer or agent of the ship.

  Plans of the ship showing such details as are necessary to enable the prescribed crew of deck ratings (or as the case may be) to be determined have already been furnished to the Secretary (or are furnished with this application or will be furnished to the Secretary within days).

Dated this day of , 19 .

(Signature)

Repeal of certain Schedules.

13. The Second, Third, Fourth, Fifth, Sixth and Seventh Schedules to the Navigation (Manning and Coasting Trade) Regulations are repealed.

Amendments relating to decimal currency.

14. The Navigation (Manning and Coasting Trade) Regulations are amended as specified in the Schedule to these Regulations.

Transitional.

15. The Navigation (Manning and Coasting Trade) Regulations as amended by these Regulations apply to and in relation to an application made to the Minister before the date of commencement of these Regulations in accordance with regulation 9 or 17 of the Navigation (Manning and Coasting Trade) Regulations as in force before that date, being an application in respect of which a Manning Committee, within the meaning of those Regulations, had not, before that date, furnished advice to the Minister, as if it were an application in accordance with the Navigation (Manning and Coasting Trade) Regulations as amended by these Regulations.

THE SCHEDULE

Amendments Relating to Decimal Currency

Provision amended	Omit—	Insert—
Regulation 25 (3.)..................................	One pound and for a continuing permit Ten pounds	Two dollars and for a continuing permit Twenty dollars
Regulation 26 (2.)..................................	One pound	Two dollars
Regulation 32 (2.)..................................	Five pounds	Ten dollars
The First Schedule— Form M.A.C.T. 6	£	$
The First Schedule—Form M.A.C.T. 7	£	$