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

STATUTORY RULES

1967 No.

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1966.*

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 1912-1966.

Dated this thirtieth day of June, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) GORDON FREETH

Minister of State for Shipping and Transport.

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Amendments of the Navigation (Master and Seamen) Regulations.  

Entries in log-book—section 171 (1.).

1. Regulation 23 of the Navigation (Master and Seamen) Regulations is amended by inserting after the word “make” the words “, or cause to be made,”.

2. Regulation 26 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Certificate of service as a seaman.

“26. Upon application to a Superintendent by a person who has served at sea and upon payment of a fee of One dollar, a person authorized by the Minister for the purposes of this regulation shall issue to the person making the application a certificate in accordance with Form 14.”.

3.Regulation 27 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Fees.

“27.—(1.) Where, upon application by the owner or master of a ship, the services of officials are provided for work in connexion with the engagement or discharge of seamen in the circumstances specified in sub-regulation (2.), (3.) or (4.) of this regulation, a fee for their services as prescribed by whichever of those sub-regulations is applicable is payable by the owner or master of the ship.

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* Notified in the Commonwealth Gazette on  1967.

  Statutory Rules 1963, No. 102, as amended by Statutory Rules 1964, No. 8; and 1965, No. 111.

9640/66—Price 10c 10/7.6.1967

“(2.) Where the work is performed on board ship during ordinary official hours, the charge is in accordance with the following table:—

(a) Engagement of Seamen.

Number engaged at any one period of attendance of officials	Fee
$
Not exceeding 30.........................................................................................................	3.00
Exceeding 30 but not exceeding 60.............................................................................	6.00
Exceeding 60...............................................................................................................	12.00

(b) Discharge of Seamen.

Number discharged at any one period of attendance of officials	Fee
$
Not exceeding 30.........................................................................................................	3.00
Exceeding 30 but not exceeding 60.............................................................................	6.00
Exceeding 60...............................................................................................................	12.00

“(3.) Where the work is performed in a Mercantile Marine Office immediately before or immediately after ordinary official hours, the fee is one-half of the amount of the fee prescribed by the last preceding sub-regulation.

“(4.) Where the work is performed on a Saturday, Sunday or holiday, or before or after official hours in circumstances other than those specified in sub-regulation (2.) or (3.) of this regulation, the fee is that prescribed by sub-regulation (2.) of this regulation, but, if only one official is employed, the fee shall not exceed Eight dollars forty cents.

“(5.) Where the services of officials are made available, before or after ordinary official hours, on a day other than a Saturday, Sunday or holiday for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a fee for their services calculated at the rate of Eighty cents for each hour or part of an hour in respect of each official made available is payable by the owner or master of the ship.

“(6.) Where the services of officials are made available on a Saturday, Sunday or holiday for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a fee for their services calculated at the rate of One dollar sixty cents for each hour or part of an hour in respect of each official made available is payable by the owner or master of the ship.”.

Travelling time.

4.Regulation 28 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a fee at the rate of Eight shillings per hour” and inserting in their stead the words “a fee calculated at the rate of Eighty cents for each hour or part of an hour”.

Waiting time.

5.Regulation 29 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a fee at the rate of Eight shillings per hour” and inserting in their stead the words “a fee calculated at the rate of Eighty cents for each hour or part of an hour”.

Postponement fee.

6.Regulation 30 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a postponement fee at the rate of Eight shillings per hour” and inserting in their stead the words “a postponement fee calculated at the rate of Eighty cents for each hour or part of an hour”.

Traveling expenses.

7.Regulation 33 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “Mercantile Office” and inserting in their stead the words “Mercantile Marine Office”.

Second Schedule—Form 9.

8.The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 9 and inserting in its stead the following form:—

Form 9.

Regulation 14.

Section 80.

Commonwealth of Australia.

Navigation Act.

RELEASE ON TERMINATION OF SERVICE.

(For crew members discharged otherwise than on termination of Agreement.)

Name of Ship		Official No.	Trade
Name of Master	Name of Owner or Person for whom Master acts		Agreement Signed
			On	At

Each of the seamen whose signature appears below hereby releases the ship, the master and the owner/hisemployer from all claims for wages and otherwise arising out of the abovementioned Agreement except to the extent indicated below.

 

Date of Discharge Balance of Wages Paid Exceptions Signature of Seamen Reference No. in Agreement

I, the Master, hereby release each of the seamen whose signature appears above from all claims under the abovementioned Agreement.

Dated this day of , 19 .

……..………………………………..

(Signature of Master)

Signed by the Master and each seaman who has signed this Release, in my presence.

Port of...................................................................... ….………..................................

(Signature of Proper Authority)

Second Schedule—Form 11.

9.The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 11 and inserting in its stead the following form:—

Form 11.

Regulation 21.

Section 165.

Commonwealth of Australia.

Navigation Act.

CREW LIST.

Page 1.

Name of Ship 

Official No. 

Port of Registry

Port of Arrival

Commencement of Voyage—

Date

Place

Last Port of Call

I declare that the particulars shown above and on the attached pages, numbered 2 to (inclusive) are true and correct and that those pages contain particulars relating to the crew of the ship.

Dated this day of  ,19 .

................................................................

(Signature of Master)

Pages 2, 3 and.....................................................

Name of Ship.................................................

Department....................................................

Port at which articles signed....................................

Reference No. in Agreement Full Name Rank or Rating Date of Birth Place of Birth Nationality

Second Schedule—Form 14.

10.The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 14 and inserting in its stead the following form:—

Form 14. Regulation 26.

Section 425 (g).

Commonwealth of Australia.

Navigation Act.

CERTIFICATE OF SEAMAN’S SERVICE AT SEA.

I certify that  (whose year of birth is approximately 19 ) appears from official records to have served in the ships specified in the following table in the capacities, and during the periods, so specified.

Name of Ship. Official No. Port of Registry. Capacity in which Seaman Served. Date Engaged. Date Discharged. Trade.

Dated this  day of  19 .

Signature of Authorized Person.

Specimen signature of seaman..............................................................

Amendments in relation to decimal currency.

11.—(1.) The Navigation (Master and Seamen) Regulations are amended as set out in the Schedule to these Regulations.

(2.) Form 3 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting from the table in paragraph 7 of Part II. the words " Five pounds " (wherever occurring), " Ten shillings ", " One pound " (wherever occurring) and " Two pounds " and inserting in their stead the words " Ten dollars ", " One dollar ", " Two dollars " and " Four dollars ", respectively.

(3.) Form 8 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting the symbol "£" (wherever occurring) and inserting in its stead the symbol " $ "; and

(b) by omitting the symbol " £ s. d." (wherever occurring) and inserting in its stead the symbol " $ ".

(4.) Form 10 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting the symbol " £ " (wherever occurring) and inserting in its stead the symbol " $ "; and

(b) by omitting the symbol " £ s. d." (wherever occurring) and inserting in its stead the symbol " $ ".

THE SCHEDULE Regulation 11 (1.)

AMENDMENTS IN RELATION TO DECIMAL CURRENCY

Provisions amended	Omit—	Insert—
Regulation 6 (2.)........................................................	Six shillings	Sixty cents
Regulation 9...............................................................	Four shillings	Forty cents
Regulation 16 (1.)......................................................	Three pounds	Six dollars
Regulation 31.............................................................	Twelve shillings	One dollar twenty cents

                                  

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra