Navigation (Wireless Telegraphy) Amendment Act 1935 (NSW)

Navigation (Wireless Telegraphy) Amendment Act.

NAVIGATION (WIRELESS TELE­

GRAPHY) AMENDMENT ACT.

Act No. 44, 1935. .

An Act to make provision relating to wireless George v.

installations on ships; to amend the Navi­ gation Act, 1901, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 31st October, 1935.]

¥ ) E it enacted by the King's Most Excellent Majesty, l i by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South 'Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may be eited as the “ Navigation short

(Wireless Telegraphy) Amendment Act, 1935.”	title.
(2) The Navigation Act, 1901, as amended by sub­ sequent Acts, is in this Act referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the Navigation Act, 1901-1935.
(4) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 . The Principal Act is amended— Amendment of Act, 1901, No.

(a) by inserting in Part VII next after section one new^wiSn~ hundred and nine the following new Division:—

D iv isio n 2a.— Wireless telegraphy.

109a. In this Division—

Interpreta­

tion.

“ Prescribed” means prescribed by this

Division or the regulations.

“ Kegulations”

472                  Navigation (Wireless Telegraphy) Amendment Act.

Mo. 44, 1935.	“ Regulations” means regulations made in relation to any of the m atters re­ ferred to in this Dmsion.
“ Telegraphy” includes any method of transm itting telegraphic or telephonic messages by means of electricity.

Application 109b. This Division shall apply to all sea­

of Division. going ships except—

(a)	ships, not carrying passengers, when going to sea on a voyage not exceeding twenty-six nautical miles;
(b)	ships when being towed by a ship pro­ vided with a wireless telegraphy instal­ lation ;
(c)	ships, not carrying passengers, on a voy­ age to a port for the purpose of under­ going a t that port necessaiy repairs or periodical overhaul, and on the return voyage from that po rt; or

(d) sailing ships.

Special	109c. (1) The M inister may, on the recom­ mendation in writing of a committee of advice, exempt from compliance with the requirements of this Division and the regulations any ship or class of ships where, having regard to the nature of the voyage on which the ship or class is engaged, or other circumstances of the case, he is of opinion tha t it would be unnecessary or unreasonable to require such compliance.
exemptions.
(2) A committee of advice shall be con­ stituted as prescribed, and different committees of advice may be constituted for different ships or different clu'sses of ships.
Wireless	109d. Every sea-going ship to which this Divi­ sion applies shall, unless exempted from com­ pliance with the reepuvoments of this Divisioji and the regulations—
apparatus.

(a) be provided with the prescribed wireless telegraphy installation;

' (b)

Navigation (Wireless Telegraphy) Amendment Act. 473

(b) m aiatain the prescribed wireless tele- *9*5.

graphy service; and

(c)

carry a wireless signaller:

Provided that—

(i)   where a certificated operator pos­ sessing the prescribed qualifica­ tions is carried, it shall not be necessary to carry also a wireless signaller;

(ii)  where such a certificated operator is not carried the prescribed wire­ less telegraphy installation shall include an automatic distress sender.

109e. (1) The m aster of a sea-going ship Master

to which tliis Division applies and which is not gquipp̂ d̂ ̂ '

exempted pursuant to section 109c of this Act ship to sea,

shall not take her to sea and the OMTier of any

such shii5 shall not perm it her to go to sea

unless the requirements of this Division and the

regulations are complied with.

(2) Any m aster or owner who contra­ venes the provisions of subsection one of this section shall be liable to a penalty not exceeding one hundred pounds.

109f. The Governor may make regulations not inconsistent with this Act prescribing all '

‘ ’

m atters which by this Division are required or perm itted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Division, and in particular and without prejudice to the generality of the foregoing power may make regulations relating to—

(a)	the nature of the wireless telegraphy in­ stallation to be provided on ships;
(b)	the wireless telegraphy service to be maintained by sh ips;

(c) the qualifications of wireless signallers;

(d) hours of watch of wireless signallers;

(e) automatic distress senders.

474              Special Income and Wages Tax Act.

No. 44, 1935.

(b) by inserting in section one next after tbe m atter

8ec .l.	relating to Division 2 of P a rt V II tbe follow­
(Dmsion
into Parts.)	ing m atter:—

D ivision 2a.— ^ylreless telegraphy—ss. 109a-

109f .