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

STATUTORY RULES.

1952. No. 115.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1952.*

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 1912-1952.

Dated this  nineteenth

day of  December , 1952.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

Amendments of the Navigation (Master and Seamen) Regulations. 

1. Regulation 11 of the Navigation (Master and Seamen) Regulations is repealed and the following regulations are inserted in its stead:—

Reports of seaman’s character.

“11. The prescribed form for the purposes of section 67 of the Act is—

(a) in the case of a seaman in respect of whom the report is other than ‘very good’—Form M. & S.—7; and

(b) in any other case—that part of Form M. & S.—16 headed ‘List of Crew and Report of Character.’.

Monthly report by master.

“11a. The master of every ship registered in Australia or engaged in the coasting trade shall, as soon as practicable after the end of each month, submit to the Director a report in Form M. & S.—7a.”.

Allotment notes.

2. Regulation 12 of the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “engaged on a foreign-going ship”; and

(b) by omitting from sub-regulation (2.) the words “Savings Bank” and inserting in their stead the word “bank”.

* Notified in the Commonwealth Gazette on , 1952.

  Statutory Rules 1924, No. 199, as amended by Statutory Rules 1925, No. 87, 1927. Nos. 48 and 89, 1929. No. 54: 1931. No. 142; 1933, No. 140; 1935. No. 75; 1942, No. 30: 1947. No. 5: and 1951. No. 67.

4775.—Price 5d.  32/3.12.1952.

3. Regulation 18 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Reduction or remission of fines.

“18.— (1.) A fine imposed on a seaman for a breach of discipline specified in his agreement may be reduced or remitted in accordance with this regulation.

“(2.) A fine—

(a) shall not be reduced until the expiration of fourteen days after the date on which the breach of discipline was committed; or

(b) shall not be remitted until the expiration of one month after the date on which the breach of discipline wascommitted.

“(3.) Where the conduct of the seaman on whom a fine has been imposed has, subsequent to the imposition of the fine, been good, the master may, if he desires to reduce or remit the fine, make in the official log book an entry that the conduct of the seaman has been good subsequent to the date of the imposition of the fine and that he desires to reduce the fine to an amount specified in the entry or to remit the fine.

“(4.) Where, at the time of the discharge of the seaman, the superintendent before whom the seaman is discharged approves the reduction or the remission of the fine, the fine shall, as the ease, requires, be reduced or remitted accordingly, but, if the superintendent does not approve the entry, the fine shall not be reduced or remitted.”.

Charges for Forms.

4. Regulation 29 of the Navigation (Master and Seamen) Regulations is amended by omitting the figures and words—

“5G pages, 120 men”

and inserting in their stead the figures and words—

“56 pages, 150 men”.

The Schedule— Form M. & S.— 3.

5. The Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from Form M. & S.—3 the words—

“And it is also agreed that the Regulations authorized by the Navigation (Master and Seamen) Regulations, which are printed herein and numbered2 are adopted by the parties hereto and shall be considered as embodied in this Agreement.” (wherever occurring)

and inserting in their stead the words—

“And it is also agreed that, if any seaman bound by this agreement commits a breach of discipline specified in the second column of the table in this agreement headed ‘Table of Breaches of Discipline and Fines’, that breach shall be a breach of this agreement and the master shall impose a line of the amount specified in that table in relation to that breach of discipline.”;

(b) by omitting from Form M. & S.—3 the words—

“2 Here are to be inserted the Numbers of any of the Regulations for preserving discipline authorized by the Navigation (Master and Seamen) Regulations, and printed on the third page hereof, which the parties agree to adopt.”

(wherever occurring);

(c) by omitting from Form M. & S.—3 all the words from and including the words “Regulations for Maintaining Discipline.” to and including the words “the fine shall thereupon be remitted or reduced accordingly.” and the table of offence and fines immediately following those words (wherever occurring) and inserting in their stead the following table:—

TABLE OF BREACHES OF DISCIPLINE AND FINES.

No.	Offence.	Amount of Fine.	Signature of Superintendent.
1	Striking or assaulting any person on board or belonging to the ship (if not otherwise dealt with according to law) .................................................................	Five pounds............
2	Bringing or having on board intoxicating liquors without the concurrence of the Master ...........................	Ten shillings ..........
3	Drunkenness—
First offence ....................................................	One pound .............
Each subsequent offence ..................................	Two pounds ...........
4	Taking on board and keeping possession of any firearms, knuckle-duster, loaded cane, slung shot, sword-stick, bowie-knife, dagger or any other offensive weapon or offensive instrument, without the concurrence of the master—for every day during which a seaman retains such weapon or instrument ................................	One pound .............
5	Insolent or contemptuous language or behaviour to the master or an officer or disobedience to lawful commands (if not otherwise dealt with according to law)—
First offence ...................................................	One pound .............
Each subsequent offence .................................	Five pounds ...........
6	Failure or refusal without reasonable cause to proceed to sea in the ship when lawfully ordered to do so by the master (if not otherwise dealt with according to law)	Two days’ pay........
7	Absence from duty or from the ship without leave and without reasonable cause at the time fixed for the vessel’s departure (if not otherwise dealt with according to law) .............................................	Five pounds ...........
8	Absence from duty or from the ship without leave and without reasonable cause at a time other than that fixed for the vessel’s departure (if not otherwise dealt with according to law)—for each day on which such absence occurs .................................................	Two days’ pay........

(d) by omitting from Form M. & S.—3 (wherever occurring) the table headed “Account of Apprentices on Board” and inserting in its stead the following tables:—

LIST OF YOUNG PERSONS UNDER 18 YEARS OF AGE, OTHER THAN APPRENTICES, EMPLOYED ON BOARD.

Name in Full. Date of Birth. Capacity. Date of Joining for the Voyage.

 

ACCOUNT OF ALL APPRENTICES ON BOARD,

Name in Full. Date of Birth. Place and Country of Birth. Nationality (If a British Subject, State Whether Natural-born or Naturalized). Capacity. Date on, and Place at Which Indentures Signed. Date of Joining Ship for the Voyage.

The Schedule-Form M. & S.— 7.

6. The Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from Form M. & S.—7 the words “,in this Form,”; and

(b) by inserting in that Form, after the words “Name of Seaman” the words “and Date and Place of Birth”.

The Schedule— Form M. & S.— 7A.

7. The Schedule to the Navigation (Master and Seamen) Regulations is amended by inserting after Form M. & S.—7 the following form:—

Form M. & S. 7a.
" COMMONWEALTH OF AUSTRALIA.
Navigation Act 1912-19 .
Nav. (M. & S.) Reg. 11a	.

MONTHLY RETURN RELATING TO FINES, INSTANT DISMISSALS, SEAMEN WHO HAVE DESERTED OR FAILED TO JOIN OR TO GO TO SEA AND REPORTS OF CHARACTER OTHER THAN VERY GOOD.

Name of Ship. Official Number. Port of Registry.

The following information is furnished in regard to the abovementioned ship

for the month of , 19 .

(1) Statement of Fines Imposed under the Agreement and Names of Seamen Instantly Dismissed.

Date of Imposition of Fine or of Dismissal. Name of Seaman. Date and Place of Birth. Rating. Offence (Brief Description, Only, e.g., Drunkenness, A.W.L., &c). Action Taken namely, Amount of Fine or Dismissal.

(2) Fines Previously Imposed but since Reduced or Remitted under Regulation 18 of the Navigation (Master and Seamen) Regulations.

Name of Seaman. Amount of Fine Previously Imposed. Date of Reduction or Remission. Whether Reduced or Remitted (if Former State Actual Amount Paid to Superintendent MMO. on Discharge).

(3) Seamen who have Deserted or Failed to Join, or to go to Sea, in the Ship.

Name of Seaman. Date and Place of Birth. Rating. Date and Place of Engagement. Whether failed to Join, Deserted, or Failed to Go to Sea. Date and Place of Desertion of Failure.

 

(4) Certificates of Discharge other than Very Good Issued.

    

Name of Seaman.	Date and Place of Birth.	Rating.	Date and Place of Discharge.	Report of Character.
				Conduct.	Ability.

Master.

/ / .

The Schedule— Form M. & S.—

8. The Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting from Form M. & S.—8 the words “Savings Bank” and inserting in their stead the word “Bank”.

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