Navigation (Manning) Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 3951

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Navigation (Manning) Regulations2 (Amendment)

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

Dated 21 December 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

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Commencement

1. These Regulations shall come into operation on 2 January 1982.

2. Regulation 2 of the Navigation (Manning) Regulations is repealed and the following regulation substituted:

Interpretation

"2. In these Regulations, unless the contrary intention appears—

'Chairman' means the Chairman of a manning committee;

'eligible organization' means an organization registered under the Conciliation and Arbitration Act 1904, being an organization of which a member of the crew of the relevant ship is eligible to be a member;

'manning committee' means a committee of advice appointed under section 424 of the Act for the purposes of furnishing a report for the purposes of sub-section 14 (2) of the Act;

'proposed order' has the same meaning as in sub-section 14 (2) of the Act;

'relevant ship' means the ship, or a ship included in the class of ships, the manning of which is being considered by a manning committee;

'the Act' means the Navigation Act 1912;

'the Department' means the Department of State administered by the Minister of State for the time being administering the Act;

'the Secretary' means the person for the time being performing the duties of the office of Secretary to the Department.".

3. The Navigation (Manning) Regulations are amended by adding at the end thereof the following regulations:

Constitution

"4. A manning committee shall consist of not less than 3 members, one of whom shall be appointed Chairman.

Deputies

"5. (1) Where a member of a manning committee is unable to attend a meeting of the committee he may appoint a person to act as his deputy for the purposes of the meeting.

"(2) A person appointed as a deputy of a member for the purposes of a meeting is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the committee.

Quorum

"6. At a meeting of a manning committee, 3 members—

(a) one of whom is the Chairman;

(b) where the membership of the committee includes a representative of the owner or owners of the relevant ship—that member; and

(c) where the membership of the committee includes a representative of an eligible organization, or representatives of eligible organizations—that member or one of those members, as the case requires,

constitute a quorum.

Voting

"7. (1) At a meeting of a manning committee—

(a) a question shall be decided on a majority of votes of the members present and voting;

'(b) where the membership of the committee includes—

(i) a representative of the owner of the relevant ship; and

(ii) a representative of an eligible organization, or representatives of eligible organizations,

the member referred to in sub-paragraph (i) has the number of votes equal to the total number of members referred to in sub-paragraph (ii) present and voting;

(c) the Chairman does not have a deliberative vote; and

(d) in the event of an equality of voting, the Chairman has a casting vote.

"(2) A resolution in writing of a manning committee, signed by all the members of the committee, is as valid and effectual as if it had been passed at a meeting of the committee duly convened and held.

"(3) A resolution referred to in sub-regulation (2) may consist of several documents in like form, each signed by one or more members.

"(4) Where a resolution of a manning committee with respect to a proposed order is not unanimous, the report of the committee on the proposed order shall include the view or views of the members who voted against the resolution.

Plan of ship to be furnished

"8. (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, not more than 7 days after the date on which the contract was entered into, furnish to the Secretary 8 copies of a plan 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 1 in 100, showing such details as are necessary to enable the Minister to make an order under section 14 of the Act.

Penalty: $100.

"(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, before the arrival of the ship at its first port of entry in Australia, furnish to the Secretary 8 copies of a plan of the ship, on a scale not smaller than 1 in 100, showing such details as are necessary to enable the Minister to make an order under section 14 of the Act.

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

"(4) Where a plan of a ship is not furnished as required by sub-regulation (2), the owner, charterer and agent of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding $100.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1981.

2. Statutory Rules 1981 No. 394.