Navigation (Marine Council and Committees of Advice) Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 155

 

Navigation (Marine Council and Committees

of Advice) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901,hereby make the following Regulation under the Navigation Act 1912.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Robert Ray

Minister of State for Home Affairs for and on behalf

of the Minister of State for Transport and Communications

 

The Navigation (Marine Council and Committees of Advice) Regulations are amended by adding at the end the following regulation:

Prescribed principles—subsection 47 (3) of the Act

“9. (1) The following principles are prescribed principles for the purposes of subsection 47 (3) of the Act in relation to the exercise of the powers of the Marine Council under subsection 47 (1) of the Act:

(a) where it is established that a person:

(i) has inflicted violence causing actual bodily harm on another person;

(ii) has used intimidation or threats of violence to another person;

(iii) is habitually drunk;

(iv) is addicted to a drug; or

(v) has trafficked in a drug;

the person is to be taken to be unsuitable for engagement as a seaman;

 

S.R. 198/88)—Cat. No. 14/22.6.1988

 

(b) where it is established that a person:

(i) has been under the influence of alcohol or a drug while on duty in the service of a ship to the extent that the performance of that duty has been adversely affected;

(ii) has been reported as asleep on duty in the service of a ship;

(iii) has engaged in abusive, offensive or otherwise disorderly behaviour while in the service of a ship;

(iv) has made illegal use of, or has unlawfully possessed, a drug; or

(v) has secreted a stowaway on board ship;

that finding is to be taken to indicate that the person may be unsuitable for engagement as a seaman;

(c) where it is established that a person has otherwise demonstrated a propensity for conduct likely to affect adversely the safety or welfare of persons at sea, that finding is to be taken to indicate that the person may be unsuitable for engagement as a seaman.

“(2) The following principle is a prescribed principle for the purposes of subsection 47 (3) of the Act in relation to the exercise of the powers of the Marine Council under subsection 47 (2) of the Act, namely, that, in respect of a period considered by the Marine Council in relation to a person, the character and conduct of the person are such that the person is suitable for engagement as a seaman.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June, 1988.

2. Statutory Rules 1960 No. 64 as amended by 1962 No. 89; 1971 No. 64; 1981 No. 396.

Printed by Authority by the Commonwealth Government Printer