Navigation (Rating of Seamen) Regulations (Cth)

STATUTORY RULES

1965 No. 108

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1965.

Dated this thirteenth

day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

(Sgd.) GORDON FREETH

Minister of State for Shipping and Transport.

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NAVIGATION (RATING OF SEAMEN) REGULATIONS

Citation.

1. These Regulations may be cited as the Navigation (Rating of Seamen) Regulations.

Interpretation.

2. In these Regulations, unless the contrary intention appears—

“sailing ship” does not include a ship fitted with a mechanical auxiliary means of propulsion for use other than during light winds or calms;

“steamship” includes a ship propelled by electricity or other mechanical power;

“the Act” means the Navigation Act 1912-1965.

Prescribed age for able seaman.

3. For the purposes of sub-paragraph (i) of paragraph (a) of section 39 of the Act, the prescribed age is eighteen years.

Prescribed qualifying service at sea for able seaman.

4.—(1.) For the purposes of sub-paragraph (ii) of paragraph (a) of section 39 of the Act, the prescribed qualifying service at sea is, subject to this regulation, thirty-six months service at sea in any capacity on deck, being service—

(a) not less than nine months of which are served in ships, other than fishing boats, having a gross tonnage of not less than, in the case of steamships, one hundred tons or, in the case of sailing ships, forty tons; and

(b) not less than ten hours of which are Spent in taking turns at the wheel, otherwise than for the purpose of receiving instruction in steering, of one or more of the ships referred to in the last preceding paragraph.

(2.) Subject to sub-regulation (5.) of this regulation, where a person has undergone a course of pre-sea-training in a training ship, or at a nautical training school, specified in column 1 of the table in Part I. of the the Schedule to these Regulations, being, in the case of a school in relation to which one or more courses are specified in that column, that course or one

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* Notified in the Commonwealth Gazette on16 August,1965.

13068/64.—Price 1s. 10/3.6.1965

of those courses, as the case may be, the period of service at sea prescribed by the last preceding sub-regulation shall, with respect to that person, be reduced by—

(a) one month for each period of four weeks training so undergone; or

(b) the period specified in column 2 of that table opposite the name of that ship or school in column 1 or, in the case of a school in relation to which more than one course is specified in column 1, opposite the name of the course undergone,

whichever is the lesser period.

(3.) Subject to sub-regulation (5.) of this regulation, where a person has undergone—

(a)a course of pre-sea-training at the National Sea Training School at Cardiff, Gravesend, Sharpness or South Shields; and

(b)a course of pre-sea-training at a school specified in column 1 of the table in Part II. of the Schedule to these Regulations,

the period of service at sea prescribed by sub-regulation (1.) of this regulation shall, with respect to that person, be reduced, or, if already reduced by virtue of this regulation, be further reduced, by—

(c) one month for each period of four weeks training undergone during the course of pre-sea-training at a school specified in column 1 of the table in Part II. of the Schedule to these Regulations; or

(d) the period specified in column 2 of that table opposite to the name of that school in column 1,

whichever is the lesser period.

(4.) Subject to the next succeeding sub-regulation, where a person has satisfactorily completed as a member of an organization specified in column 1 of the table in Part III. of the Schedule to these Regulations the course of pre-sea-training specified in column 2 of that table opposite to the name of that organization in column 1, the period of service at sea prescribed by sub-regulation (1.) of this regulation shall, with respect to that person, be reduced, or, if already reduced by virtue of this regulation, be further reduced, by the period specified in column 3 of that table opposite to the name of that organization in column 1.

(5.) The period of service at sea prescribed by sub-regulation (1.) of this regulation shall not be reduced by more than six months in all with respect to any one person.

Certificates issued by certain Commonwealth countries.

5. Certificates of qualification as an able seaman issued by the United Kingdom, Canada, New Zealand and Ireland are each declared to be, for the purposes of paragraph (c) of section 39 of the Act, a class of certificates the holders of which are entitled to be rated as able seamen.

Prescribed age for ordinary seaman.

6. For the purposes of paragraph (a) of section 39a of the Act, the prescribed age is seventeen years.

Prescribed qualifying service at sea for ordinary seaman.

7. For the purposes of paragraph (b) of section 39a of the Act, the prescribed qualifying service at sea is twelve months service at sea in any capacity on deck.

Prescribed service at sea for greaser.

8. For the purposes of paragraph (b) of sub-section (1.) of section 39b of the Act, either of the following types of service is prescribed service at sea:—

(a)six months service at sea tending the boilers to maintain steam on oil-burning steamships; and

(b)six months service at sea working in the main machinery space of ships powered primarily by internal combustion engines, being service performed by a person who has attained the age of eighteen years.

Prescribed service at sea for fireman.

9. For the purposes of paragraph (b) of sub-section (2.) of section 39b of the Act, the prescribed service at sea is six months service at sea in the main machinery space in ships in which boilers (whether coal-fired or oil-fired) have been regularly in operation for maintaining steam for main or auxiliary engines used in propelling or steering the ship.

Prescribed qualifying service at sea for shipwrights, &c.

10. For the purposes of paragraph (b) of section 39c of the Act, the prescribed qualifying service at sea is three years service at sea in the rating of ship’s carpenter.

Prescribed classes of seamen.

11. For the purposes of paragraph (b) of section 39d of the Act, the following classes of seamen are prescribed classes of seamen:—

(a) any seaman (other than a seaman who would, if engaged, be employed as a mate or in any other capacity on deck) who is a female;

(b) any seaman who would, if engaged, be employed as ship’s doctor.

Calculation of service at sea.

12.—(1.) In this regulation—

“full-rate period of service at sea” means a period of service at sea in a steamship having a gross tonnage of one hundred tons or more and includes, in calculating a period of service at sea by a person for a rating of able seaman, ordinary seaman or cook, a period of service at sea in a sailing ship having a gross tonnage of forty tons or more but does not include any period of service at sea required to be disregarded under paragraph (a) of sub-regulation (4.) of this regulation;

“half-rate period of service at sea” means a period of service at sea in a steamship having a gross tonnage of less than one hundred tons and includes, in calculating a period of service at sea by a person for a rating of able seaman, ordinary seaman or cook, a period of service at sea in a sailing ship having a gross tonnage of less than forty tons, but does not include any period of service at sea required to be disregarded under paragraph (a) of sub-regulation (4.) of this regulation.

(2.) For the purposes of this regulation—

(a) where—

(i) one period of service at sea by a person commences on the day on which another period of service at sea by that person ends; and

(ii) one of those periods is a full-rate period of service at sea and the other is a half-rate period of service at sea,

the first-mentioned period shall be deemed not to include that day; and

(b) where—

(i) one period of service at sea by a person commences on, or on the day immediately following, the day on which another period of service at sea by that person ends; and

(ii) either both of those periods are full-rate periods of service at sea or both of those periods are half-rate periods of service at sea,

the two periods shall be deemed to be one continuous period.

(3.) Each full-rate period of service at sea by a person and each half-rate period of service at sea by a person shall be expressed in months as follows:—

(a)a period, not being or including a calendar month, that is less than thirty days shall be expressed as a fraction of a month, being the fraction obtained by dividing by thirty a number equal to the number of days in the period;

(b) a period of thirty days, not being or including a calendar month, shall be expressed as one month;

(c) a period that is a calendar month or more shall be expressed as a number of months equal to the number of complete calendar months in the period plus—

(i) if the period includes a part of a calendar month, being a part that consists of less than thirty days—a fraction of a month, being the fraction obtained by dividing by thirty a number equal to the number of days in that part of the calendar month; or

(ii) if the period includes a part of a calendar month, being a part that consists of thirty days—one month.

(4.) In calculating service at sea by a person for the purposes of these Regulations—

(a) any period of service at sea in a ship having a gross tonnage of less than fifteen tons or in a river and bay ship shall be disregarded;

(b)each full-rate period of service at sea, expressed in months in accordance with the last preceding sub-regulation, shall be reckoned as that number of months of service at sea; and

(c) each half-rate period of service at sea, expressed in months in accordance with the last preceding sub-regulation, shall be reckoned as half that number of months of service at sea.

Prescribed age for ship’s cook.

13. For the purposes of sub-paragraph (i) of paragraph (a) of section 121 of the Act, the prescribed age is eighteen years.

Prescribed other qualifications for cooks.

14. For the purposes of sub-paragraph (iii) of paragraph (a) of section 121 of the Act, a person—

(a) who has been employed for a period of not less than two years as a cook or chef as a member of a ship’s crew or otherwise; or

(b) who has completed an apprenticeship as an apprentice cook or apprentice chef,

has the prescribed other qualifications.

Certificates issued by certain Commonwealth countries.

15. Certificates of qualification as a cook issued by the United Kingdom, Canada, New Zealand and Ireland are each declared to be, for the purposes of paragraph (c) of section 121 of the Act, a class of certificates the holders of which are entitled to be rated as cooks.

THE SCHEDULE

Regulation 4.

Part I

Column 1	Column 2
Name	Maximum period of reduction
Training Ships—
T.S. Arethusa...........................................................................................................	6 months
T.S. Mercury...........................................................................................................	6 months
H.M.S. Worcester....................................................................................................	6 months
Nautical Training Schools—
Robert Gordon’s. Technical College, Aberdeen.........................................................	6 months
City of Belfast College of Technology, Belfast..........................................................	6 months
Wellesley Nautical School, Blyth..............................................................................	6 months
Incorporated National Nautical School, Bristol (Portishead).......................................	6 months
Buckie High School, Buckie.....................................................................................	3 months
Reardon Smith Nautical College, Cardiff...................................................................	6 months
National Sea Training School, Cardiff.......................................................................	3 months
Prince of Wales Sea Training School, Dover..............................................................	6 months
Technical College, Dundee.......................................................................................	6 months
Navigation School, Fleetwood—
Cadet Course......................................................................................................	6 months
Junior Course......................................................................................................	3 months
Royal College of Science and Technology, Glasgow..................................................	6 months
Gordonstoun School (Nautical Department), Gordonstoun..........................................	6 months
National Sea Training School, Gravesend..................................................................	3 months
Watt Memorial College, Greenock............................................................................	6 months
Kingston-upon-Hull High School for Nautical Training, Hull.....................................	6 months
Kingston-upon-Hull Nautical College, Hull...............................................................	6 months
Trinity House Navigation School, Hull......................................................................	6 months
Leith Nautical College, Leith....................................................................................	6 months
Leith Nautical College (T.S. Dolphin), Leith..............................................................	3 months
Riversdale Technical College, Liverpool...................................................................	6 months
The Indefatigable and National Sea Training School for Boys, Liverpool....................	6 months
H.M.S. Conway Merchant Navy Cadet School, Liverpool...........................................	6 months
King Edward VII, Nautical College, London.............................................................	6 months
L.C.C. London Nautical School, London...................................................................	6 months
The Nautical College, Pangbourne............................................................................	6 months
Plymouth College of Technology, Plymouth..............................................................	6 months
National Sea Training School, Sharpness...................................................................	3 months
School of Navigation, University of Southampton, Warsash, Southampton..................	6 months
South Shields Marine and Technical College, South Shields.......................................	6 months
National Sea Training School, South Shields.............................................................	3 months
Lews Castle College, Stornaway—
Cadet Course......................................................................................................	6 months
Junior Course......................................................................................................	3 months
St. Swithin’s Nautical School, Yarmouth, Isle of Wight..............................................	6 months

 

THE SCHEDULE—continued

Part II

Column 1	Column 2
Name	Maximum period of reduction
Holker County Secondary School, Barrow-in-Furness................................................	6 months
Sir Anthony Deane County Secondary School, Dovercourt.........................................	6 months
Falmouth Technical College, Falmouth.....................................................................	6 months
Grimsby College of Further Education, Grimsby........................................................	6 months
Technical College, Lowestoft...................................................................................	6 months
Firfield County Secondary School, Newcastle-upon-Tyne..........................................	6 months
Kells Secondary School, Whitehaven........................................................................	6 months

Part III

Column 1	Column 2	Column 3
Name	Pre-Sea-Training Course	Period of reduction
The Sea Cadet Corps.................................	Cadet Petty Officers.................................	3 months

                        

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