Transport Workers (Seamen) Regulations (Amendment) (Cth)

STATUTORY RULES.

1936. No. 20.

––––––

REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928‑1929.*

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 Transport Workers Act 1928‑1929.

Dated the day of Eighteenth day of February, 1936.

Governor‑General.

By His Excellency’s Command,

Attorney‑General.

 

Amendments of the Transport Workers (Seamen) Regulations.

Parts.

1. Regulation 2 of the Transport Workers (Seamen) Regulations is amended by inserting after the words “Part II.—Licensing, engagement, and employment of seamen” the words “Part IIa.—Preference in employment of seamen”.

Application.

2. Regulation 3 of the Transport Workers (Seamen) Regulations is amended by omitting from sub‑regulation (1.) the word and symbol “Part II” and inserting in their stead the words and symbols “Parts II. and IIa”.

Definitions.

3. Regulation 4 of the Transport Workers (Seamen) Regulations is amended by inserting in sub‑regulation (1.), before the definition of “licence”, the following definition :—

“‘Committee’ means a Seamen’s Employment Committee appointed in pursuance of these Regulations;”.

Freedom of selection of licensed seamen.

4. Regulation 14 of the Transport Workers (Seamen) Regulations is amended by inserting after the word “regulation” the words “and to Part IIa. of these Regulations”.

5. After Part II. of the Transport Workers (Seamen) Regulations the following Part is inserted:—

“Part IIa.—Preference in Employment of Seamen.

Seamen’s Employment Committees.

“14a.—(1.) In respect of any prescribed port the Minister may appoint a Committee which shall be known as a Seamen’s Employment Committee.

 

* Notified in the Commonwealth Gazette on  , 1936.

 Statutory Rules 1935, No. 125.

758.—8/13.2.1936.—Price 5d.

(2.) The appointment of a Committee shall be notified by the Minister in the Gazette.

(3.) Each Committee shall consist of a Licensing Officer and four other persons appointed by the Minister, of whom two shall be selected by the Minister as representatives of the employers of seamen at the port, one shall be selected by the Minister as a representative of licensed seamen who are members of an organization of seamen registered under the Commonwealth Conciliation and Arbitration Act 1904‑1934, and one shall be selected by the Minister as a representative of other licensed seamen.

(4.) Each member of a Committee, other than the Licensing Officer, shall be appointed for such period as the Minister determines, but the Minister may remove any such member from office at any time.

(5.) The Licensing Officer in respect of the port shall be Chairman of the Committee and, in the event of his illness or absence, the Minister may appoint a person to act as Chairman.

Meetings of committees.

“14b.—(1.) The Chairman of a Committee shall summon meetings of the Committee at such times as he thinks fit or as the Minister directs.

(2.) At any meeting of a Committee three members thereof shall constitute a quorum.

(3.) All questions at any meeting of a Committee shall be determined by a majority of the votes of the members present.

(4.) The Chairman or Acting Chairman at any meeting shall have a casting, but not a deliberative, vote.

Fees to be paid to members of committees.

“14c. Each member of a Committee (except the Chairman) shall be paid the sum of One pound one shilling in respect of each day upon which he attends a meeting of the Committee.

Endorsement of preferences.

“14d.—(1.) The Licensing Officer at any port in respect of which a Committee has been appointed shall, upon application by the holder of a licence, make an endorsement on the licence in accordance with this regulation.

(2.) In the case of a seaman who—

(a) is the holder of a current licence issued to him before the first day of March, 1936; and

(b)is at the time of application actually employed on a vessel on which Part III of these Regulations applies, or has, while the holder of the licence, already completed a term of two months’ employment on any such vessel,

the Licensing Officer shall endorse upon the licence the words ‘First Preference, Port of............ and insert the name of the port.

(3.) In the case of a seaman who is the holder of a current licence issued to him before the first day of March, 1936, but is not entitled to have his licence endorsed under sub‑regulation (2.) of this regulation, the Licensing Officer shall endorse upon the licence the words ‘Second Preference, Port of , and insert the name of the port.

(4.) In the case of a seaman who is the holder of a current licence issued to him on or after the first day of March, 1936, the Licensing Officer may, after consideration of the matter by the Committee, endorse upon the licence the words ‘First Preference, Port of ……… or the words ‘Second Preference, Port of………………’, and insert the name of the port.

(5.) An application by a seaman for endorsement of his licence in pursuance of this regulation shall be made in accordance with Form T.W.S.—4.

Transfer of preference to other ports.

“14e.— (1.) The Licensing Officer at any port in respect of which a Committee has been appointed shall, on application by the holder of a current licence endorsed as to preference in respect of another port, alter the endorsement by striking out the name of that other port and substituting therefor the name of the port in respect of which he is Licensing Officer.

(2.) An application under this regulation shall be in accordance with Form T.W.S.—5, and shall be accompanied by a fee of One shilling.

Alteration of preferences.

“14f. In the case of any licence, the Licensing Officer at a port in respect of which a Committee has been appointed, may, after consideration of the matter by the Committee—

(a)strike out the First Preference endorsement upon the licence and endorse upon the licence—

(i) the words ‘Second Preference, Port of........’, and insert the name of the port; or

(ii) the words ‘Preference Cancelled’;

(b)strike out the Second Preference endorsement upon the licence and endorse upon the licence—

(i) the words ‘First Preference, Port of............ ‘, and insert the name of the port; or

(ii) the words ‘Preference Cancelled’; or

(c) strike out the words ‘Preference Cancelled’ endorsed upon the licence and endorse upon the licence the words ‘First Preference, Port of..........’, or the words ‘Second Preference, Port of..........’, and insert the name of the port:

Provided that the Licensing Officer shall not—

(d) strike out any First Preference endorsement and substitute therefor a Second Preference endorsement or the endorsement ‘Preference Cancelled’; or

(e) strike out a Second Preference endorsement and substitute therefor the endorsement ‘Preference Cancelled’,

unless the Committee determines and reports to the Licensing Officer, and the Licensing Officer is satisfied, that the holder of the licence is inefficient or has been guilty of misconduct in a matter relating to, or affecting his fitness for, employment as a seaman.

Initialling of endorsements.

“14g. Whenever, in pursuance of regulation 14d, 14e or 14f of these Regulations, a Licensing Officer endorses any licence, alters any endorsement made upon a licence, or strikes out any endorsement made upon a licence and substitutes another endorsement;, he shall sign or initial date and apply his official stamp to the endorsement, or the alteration of the endorsement, or the striking out of the endorsement and the substitution of another endorsement, as the case may be.

Licencee to produce licence for endorsement.

“14h. The holder of a licence who, upon being requested so to do by a Licensing Officer or by any person thereto authorized in writing by him, refuses or fails to deliver his licence to that officer or person for the purpose of enabling the Licensing Officer, in pursuance of regulation 14f of these Regulations, to strike out an endorsement upon the licence and to substitute therefore another endorsement, shall be guilty of an offence.

Appeal against reduction or loss of preference.

“14j.—(1.) Any seaman whose order of preference has, in pursuance of regulation 14f of these Regulations been reduced from First Preference to Second Preference, or whose preference has been cancelled, may within fourteen days after the reduction or cancellation, appeal to a Court of summary jurisdiction against the reduction in order of preference or cancellation of preference, as the case may be.

(2.) An appeal shall be by summons calling on the Licensing Officer to show cause why the reduction or cancellation of preference should not be set aside.

(3.) Upon the hearing of an appeal the Court may, as it thinks fit, confirm the reduction or cancellation of preference or order the restoration of the preference, or, where the case is one where a First Preference is cancelled, may direct that, in lieu of cancellation, the order of preference shall be reduced from First Preference to Second Preference.

Endorsement of duplicate licences.

“14k. Whenever any duplicate licence is issued in pursuance of regulation 10 of these Regulations, the Licensing Officer shall make upon the duplicate licence endorsements (including endorsements which had been struck out) initials and dates corresponding with those made upon the original licence, and shall initial the endorsements so made by him and add the date on which the duplicate licence is issued.

Order of preference in engagement of seamen.

“14l.—(1.) After the expiry of a period of one month from the, date of the appointment of a Committee in respect of a prescribed port, the engagement of seamen at that port shall be made in the following order of priority :—

(a) seamen who are available for employment and are the holders of current licences bearing the endorsement ‘First Preference’ in respect of that port;

(b) seamen who are available for employment and are the holders of current licences bearing the endorsement ‘Second Preference’ in respect of that port or ‘First Preference’ in respect of any other port; and

(c) seamen to whom neither of the last two preceding paragraphs applies who are the holders of current licences.

(2.) In this regulation, the word ‘endorsement’ means an endorsement made in pursuance of these Regulations which has not been struck out in pursuance of these Regulations.

(3.) Any person who fails to give preference in the engagement of seamen in accordance with the provisions of this regulation shall be guilty of an offence.

Meaning of ‘Endorsed’ and ‘Endorsement’.

“14m. For the purpose of these Regulations the words ‘First Preference, Port of ‘Second Preference, Port of ‘, or ‘Preference Cancelled ‘, as the case may be, may be written by the Licensing Officer upon any portion of a form of

licence or of the cover thereof and any words so written shall be deemed within the meaning of these Regulations to have been endorsed upon the licence, and to be an endorsement within the meaning of these Regulations”.

6. After regulation 20 of the Transport Workers (Seamen) Regulations the following regulation is inserted:—

Counterfeiting endorsements.

“20a. Any person who without lawful authority or excuse (proof whereof shall be upon him)—

(a) makes any endorsement upon a licence;

(b) alters any endorsement or date placed on a licence in pursuance of these Regulations; or

(c) strikes out, erases, or obliterates any endorsement or portion of any endorsement made upon a licence in pursuance of these Regulations,

shall be guilty of an offence.”.

Penalties.

7. Regulation. 26 of the Transport Workers (Seamen) Regulations is amended—

(a) by inserting after the figures “12,” the figures and letter “14h”; and

(b) by omitting the figures and word “13 or 20” and inserting in their stead the figures, letters and word “13, 14l, 20 and 20a”.

Schedule.

8. The Schedule to the Transport Workers (Seamen) Regulations is amended by adding at the end thereof the following Forms:—

“Form T.W.S.—4. Reg. 14F.

Commonwealth of Australia.

Transport Workers Act 1928‑1929.

Transport Workers (Seamen) Regulations.

APPLICATION FOR PREFERENCE ENDORSEMENT.

(a) Here insert name in full.

(b) Here insert address in full.

I, (a)........................................... of (b)…………………………… hereby request that my Seamen’s Licence, No……………issued to me at …………………on…/…/193…, and which is produced herewith, be endorsed ‘.............. Preference, Port of............’.

Date……/……/19……

…………………………

(Signature of Seaman.)

To the Licensing Officer,

Port of..............................

“Form T.W.S.—5. Reg. 14E

Commonwealth of Australia.

Transport Workers Act 1928‑1929.

Transport Workers (Seamen) Regulations.

APPLICATION FOR TRANSFER OF PREFERENCE ENDORSEMENT TO ANOTHER PORT.

(a) Here insert name in full.

(b) Here insert address in full.

I, (a)........................................................ of (b)……………………………… hereby notify you that I desire to seek employment on ships whose home port is………………and, therefore, request that my Seamen’s Licence No. ……………,issued to me at……………on …/…/193… and which is endorsed ‘……………… Preference, Port of……………’ be now endorsed ‘........…Preference’ in respect of this port.

The Licence is produced herewith.

Fee of One shilling is tendered herewith.

Date ……/……/19…….

 

(Signature of Seaman.)

To the Licensing Officer,

Port of.......................... ”.

 

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