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

STATUTORY RULES.

1954. No.

.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1953.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation. Act 1912-1953.

Dated this  nineteenth

day of  February , 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

Navigation (Marine Council and Committees of Advice) Regulations.

Citation.

1. These Regulations may be cited as the Navigation (Marine Council and Committees of Advice) Regulations.

Repeal and saving.

2.—(1.) The Navigation (Marine Council) Regulations 1919 (comprising Statutory Rules 1919, No. 294 ; Statutory Rules 1921, No. 208 ; Statutory Rules 1922, No. 39 ; Statutory Rules 1945, No. 62 ; and Statutory Rules 1952, No. 59) are repealed.

(2.) An appointment made under the Regulations repealed by these Regulations and in force or subsisting immediately before the commencement of these Regulations shall continue in force as if made under these Regulations, and these Regulations shall apply in relation to that appointment accordingly.

(3.) The repeal effected by sub-regulation (1.) of this regulation does not affect proceedings of the Marine Council or of a Committee of Advice pending at the date of commencement of these Regulations.

Definitions.

3. In these Regulations—

“ Committee of Advice ” means a Committee appointed by the Minister under sub-section (3.) of section 424 of the Act ;

“ the Act ” means the Navigation Act 1912-1953 ;

“ the Marine Council ” or “ the Council ” means the Marine Council appointed by the Minister under sub-section (1.) of section 424 of the Act.

* Notified in the Commonwealth Gazette on , 1954.

5050— Price 3d.  9/21.12.1953.

Constitution of Marine Council.

4.—(1.) The Marine Council shall consist of the Director and of six other persons appointed to represent the interests specified in subsection (1.) of section 424 of the Act.

(2.) A member of the Council, other than the Director, shall hold office during the pleasure of the Minister.

Chairman and deputy of Chairman.

5.—(1.) The Director shall be Chairman of the Marine Council.

(2.) For the purposes of these Regulations, the Director may appoint an officer of the Commonwealth Navigation Service to be his deputy.

Meetings of Marine Council.

6.—(1.) Meetings of the Marine Council shall be convened by the Director, or, in his absence, by the person appointed as his deputy under the last preceding regulation, by notice in writing to each member specifying the time and place of the meeting.

(2.) At a meeting of the Council, a quorum is constituted by the Chairman, or, in his absence, the person appointed as his deputy under the last preceding regulation, and one half of the other members of the Council.

(3.) Any question to be decided at a meeting of the Marine Council shall be decided by a majority of the votes of the members present.

(4.) The Chairman of the Council shall preside at all meetings of the Council at which he is present and shall have a casting, but not a deliberative, vote.

(5.) In the absence of the Chairman from a meeting, the person appointed as his deputy under the last preceding regulation may attend and preside at the meeting and, in relation to the meeting, exercise all the powers and functions of the Chairman.

Meetings of Committee of Advice.

7.—(1.) At a meeting of a Committee of Advice, a quorum is constituted by the Chairman and one half of the other members of the Committee.

(2.) Any question to be decided at a meeting of a Committee of Advice shall be decided by a majority of the votes of the members present.

(3.) The Chairman of a Committee shall preside at all meetings of the Committee and shall have a casting, but not a deliberative, vote.

Deputies of members.

8.—(1.) The Minister may appoint a person to be the deputy of a member, other than the Chairman, of the Marine Council to represent the same interests as that member.

(2.) The Minister may appoint a person to be the deputy of a member of a Committee of Advice.

(3.) A person appointed as the deputy of a member of the Marine Council or of a Committee of Advice is, in the absence from a meeting of the Council or the Committee, as the case may be, of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Council or of the Committee, as the case may be.

(4.) An act done by a deputy as such shall not, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers had not arisen or had ceased.

Reports of Committees of Advice.

9. Where a question referred to a Committee of Advice relates to scales of officers, crews or provisions, or to a proposal to specify the crews to be carried by particular ships, the report of the Committee of Advice shall be forwarded to the Minister through the Director who shall, before transmitting the report to the Minister, submit it to the Marine Council for consideration and comment.

Fees, travelling allowance and fares.

10.—(1.) The Chairman of a Committee of Advice is entitled to receive a fee of Four pounds four shillings for each day or part of a day on which he attends a meeting of the Committee.

(2.) A member, or the deputy of a member, of the Marine Council, or a member (other than the Chairman) or the deputy of a member, of a Committee of Advice, is entitled to receive a fee of Two pounds two shillings for each day or part of a day on which he attends a meeting of the Council or of the Committee, as the case may be.

(3.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice, in order to attend a meeting of the Council or of the Committee, as the case may be, is necessarily absent overnight from his place of residence, he is entitled to receive travelling allowance at the rate of Two pounds ten shillings per day during the time he is necessarily absent from his place of residence.

(4.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice attends a meeting of the Council or of the Committee, as the case may be, held in a city or town other than that in which he resides—

(a) he is entitled, for the purpose of attending the meeting, to travel first-class by rail or air, at the cost of the Commonwealth, from the city or town where he resides to the city or town where the meeting is held and, on the completion of the meeting, from the city or town where the meeting was held to the city or town where he resides ; or

(b)if he does not travel by rail or air, he is entitled to receive the amount of the first-class rail or air fare, whichever is the less.

(5.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice attends a meeting of the Council or of the Committee, as the case may be, held in a city or town other than that in which he resides but is not absent overnight from his place of residence, he is entitled to receive for each meal purchased by him during the period he is necessarily absent from his place of residence an allowance in accordance with the following table :—

Meal.	Allowance
Breakfast ...........................................	Five shillings.
Mid-day meal.....................................	Seven shillings and sixpence
Evening meal.....................................	Twelve shillings and sixpence

(6.) In this regulation, “ Chairman ” and “ member ” do not include a person who is an officer of the Public Service of the Commonwealth or of an authority of the Commonwealth.

By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.