Seamen's Compensation Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 93.

 

REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1911-1938.*

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 Seamen’s Compensation Act 1911-1938.

Dated this twenty-sixth day of February, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. M. FRASER

for Minister of State for Commerce.

 

Amendments of Seamen’s Compensation Regulations. 

Application by prescribed authority for arbitration.

1. Regulation 7aof the Seamen’s Compensation Regulations is amended by omitting sub-regulations (11) and (12).

2. After regulation 38 of the Seamen’s Compensation Regulations the following regulation is inserted:—

“Evidence by affidavit.

38a.—(1) Where an application for arbitration is made under these Regulations and any claimant for compensation or other person who is competent and qualified to give evidence relating to the claim resides in some other part of His Majesty’s dominions than that in which the Court hearing the application has jurisdiction, or is a member of the Defence Force serving outside Australia, or is, owing to illness or other sufficient cause, unable to attend the Court, evidence may, by leave of the Court, be given by affidavit made by the claimant or other person in the part of His Majesty’s dominions in which the claimant or person resides or, in the case of any such member of the Defence Force, in the place in which he is serving, and the evidence so given shall be admissible in the hearing before that Court, subject to such exceptions as the Court determines.

 

* Notified in the Commonwealth Gazette on 5th March, 1942.

  Statutory Rules 1926, No. 135, as amended by Statutory Rules 1927, No. 71; 1936, No. 73; and 1939, No. 67.

480.—Price 3d.

 

“(2) Subject to the next succeeding sub-regulation, an affidavit made under the last preceding sub-regulation shall be sworn before a Notary Public or Commissioner of the Supreme Court of the State in which the application is made, and no proof shall be required of the signature and seal of the Notary or of the signature of the Commissioner.

“(3) An affidavit made under sub-regulation (1) of this regulation by a member of the Defence Force serving outside Australia may be sworn before an officer of the Defence Force holding a rank not below that of Lieutenant-Commander, Major or Squadron-Leader, or equivalent rank, who shall subscribe his signature and rank in testimony of the affidavit having been sworn before him, and no proof shall be required of the signature or rank of any such officer or of the place where any such affidavit was sworn.”.

 

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