Navigation (Master and Seamen) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 81

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Navigation (Master and Seamen) 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 22 January 1982.

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 1 February 1982.

General Register of Seamen

2. Regulation 4 of the Navigation (Master and Seamen) Regulations is amended by inserting after paragraph (2) (a) the following paragraphs:

''(ab) becomes a member of the crew of;

 (ac) in pursuance of articles of agreement, ceases temporarily to be a member of the crew of;".

Fees, engagement and discharge

3. Regulation 9 of the Navigation (Master and Seamen) Regulations is amended by omitting paragraph (b).

Objections to fines

4. Regulation 16 of the Navigation (Master and Seamen) Regulations is amended by omitting paragraph (1) (c) and substituting the following paragraph:

"(c) the prescribed ports are Sydney, Newcastle, Port Kembla, Botany Bay, Melbourne, Geelong, Westernport, Brisbane, Gladstone, Bundaberg, Rockhampton, Port Adelaide, Port Stanvac, Wallaroo, Whyalla, Fremantle, Broome, Dampier, Derby, Port Hedland, Port Walcott, Hobart, Devonport, Burnie and Darwin.".

5. After regulation 19 of the Navigation (Master and Seamen) Regulations the following regulation is inserted:

Investment of moneys of deceased seamen

"19A. For the purposes of sub-section 156 (3) of the Act, moneys to which sub-section 156 (1) of the Act applies may be invested—

(a) on deposit with the Commonwealth Savings Bank of Australia, being the bank continued in existence by the Commonwealth Banks Act 1959; and

(b) in securities issued by the Commonwealth.".

Travelling expenses

6. Regulation 33 of the Navigation (Master and Seamen) Regulations is amended by omitting "outside ordinary official hours,".

Schedule 2

7. Schedule 2 to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from Form 3 "TRADE" and substituting "DESCRIPTION OF VOYAGE";

(b) by omitting from paragraph 7 of Part II of Form 3 "shall" and substituting "may";

(c) by inserting after paragraph 7 of Part II of Form 3 the following paragraphs:

"7A. A seaman who is temporarily absent from the ship in accordance with the terms of an award or agreement relating to his service as a seaman shall cease temporarily to be a member of the crew of the ship.

7B. A seaman who ceases temporarily to be a member of the crew of the ship by virtue of paragraph 7A—

(a) shall, as soon as practicable, leave the ship; and

(b) shall rejoin the ship in the manner, and at the time and place, directed by the master or owner.

7C. Where a seaman, without reasonable cause, refuses or fails to rejoin a ship in accordance with a direction given in pursuance of paragraph 7B, the master shall report the fact to a superintendent.";

(d) by inserting after Part III of Form 3 the following Part:

"PART IIIA—DETAILS OF, AND DETAILS OF CHANGES IN, THE CREW

Seaman's reference number in Part II Name of seaman Date and place became a member of the crew Attestation Date and place ceased to be a member of the crew Reason Attestation

(e) by omitting from Form 5 "Sections 61 and 67" and substituting "Section 61";

(f) by omitting from Form 5 "Trade" and substituting "Description of Voyage";

(g) by omitting from Form 5—

Date of Engagement	Place of Engagement		Date of Discharge	Place of Discharge
and substituting-
Date of Engagement	Place of Engagement		Dale of Discharge	Place of Discharge
Total Sea Service
Date became member		Date ceased to be
of crew of ship		member of crew of ship

(h) by omitting from Form 5—

"COPY OF MASTER'S REPORT

[To be completed if the seaman so desires]

Qualifications
Character and Conduct	General	Efficiency as a Boathand (where applicable)
";

(i) by omitting from Form 7 "Trade" and substituting "Description Voyage";

(j) by omitting from Form 9 "Trade" and substituting "Description Voyage";

(k) by omitting from Form 12 "Trade" and substituting "Description Voyage"; and

(1) by omitting from Form 14 "Trade" and substituting "Description Voyage".

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 January 1982.

2.