Transport Workers (Seamen) Regulations (Cth)

STATUTORY RULES.

1935. No. 125.

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 tenth day of December 1935

(SGD.) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Transport Workers (Seamen) Regulations.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Transport Workers (Seamen) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Licensing, engagement, and employment of seamen.

Part III.—Offences.

Part IV.—Penalties.

Application.

3.—(1.) Part II. of these Regulations shall apply in relation to the licensing, engagement and employment of seamen for service on—

(a) British ships registered in Australia or employed in trading between ports in the Commonwealth, or

(b)other British ships regularly employed in trading from a port in the Commonwealth as head-quarters and managed or controlled at that port in respect of the engagement, employment and discharge of their crews.

(2.) Part III. of these regulations shall apply at all places in the Commonwealth and on all British ships of the classes specified in the last preceding sub-regulation while within the jurisdiction of the Commonwealth.

(3.) These Regulations shall not apply on ships which are engaged in trade and commerce within the limits of a single State only or to seamen employed on those ships.

 

* Notified in the Commonwealth Gazette on  , 1935.

3615.—60/9.12.1935.—Price 5d.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“licence” means a licence under these Regulations;

“seaman” means a transport worker who offers or is engaged for employment, or is employed, in any of the following capacities, namely, Boatswain, Able Seaman, Ordinary Seaman, Donkeyman, Donkeyman-Greaser, Greaser, Wiper, Boiler Attendant, Fireman or Trimmer, or in any such other capacity as is from time to time specified by the Minister by notice in the Gazette, as a member of the crew of a ship on which Part III. of these Regulations applies;

“the Act” means the Transport Workers Act 1928–1929;

“transport worker” means a person offering for or engaged in work in or in connexion with the provision of services in the transport of persons or goods in relation to trade or commerce by sea with other countries or among the States.

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations.

Part II.—Licensing, Engagement, and Employment of Seamen.

Licensing Officers.

5.—(1.) The Minister may, by notice in the Gazette, specify ports in the Commonwealth (in these Regulations referred to as prescribed ports) in respect of which Licensing Officers shall be appointed for the purposes of these Regulations.

(2.) Subject to the directions of the Minister, the Permanent Head of the Department of State administered by the Minister may, as he thinks fit for the purposes of these Regulations, appoint licensing officers in respect of prescribed ports.

Right of entry on ships.

6. Any Licensing Officer or any person thereto authorized by a Licensing Officer may, for the purposes of these Regulations, go upon any ship on which Part III. of these Regulations applies.

Applications for licences.

7.—(1.) Any person desiring to obtain, at a prescribed port, a licence as a seaman may make application to a Licensing Officer in accordance with Form T.W.S.—1.

(2.) An application under this regulation shall be accompanied by a fee of one shilling.

Grant of licences.

8.—(1.) Where an application is made under the last preceding regulation, the Licensing Officer may, if satisfied that the applicant is a person qualified for employment in one or more of the capacities specified in the definition of “seaman” in regulation 4, issue to the applicant a licence in accordance with Form T.W.S.—2 bearing a number and the name of the port where it is issued.

(2.) Any licence issued under this regulation shall contain the name of the person to whom it is issued and shall be signed in ink by that person and by the officer by whom it is issued.

Duration of licence.

9.—(1.) Any licence issued under these Regulations shall, subject to these Regulations, remain in force until the thirty-first day of August next following the date of issue of the licence.

(2.) A licence may be renewed upon application made at any time within thirty-one days before the expiry of the term of the licence.

(3.) An application for renewal of a licence made under the last preceding sub-regulation shall be in accordance with Form T.W.S.—3, and shall be accompanied by a fee of one shilling.

(4.) Any licence issued or renewed upon application made at any time within thirty-one days before the thirty-first day of August in any year shall, subject to these Regulations, remain in force until the thirty-first day of August in the next following year.

Licences lost or destroyed.

10.—(1.) In the event of a licence being lost, stolen or destroyed the person to whom that licence was issued may make, and deliver to a Licensing Officer, a statutory declaration declaring the circumstances of the loss, theft or destruction, and the Licensing Officer may, on payment of a fee of one shilling, issue to the person a duplicate licence.

(2.) In the event of a licence becoming illegible, the person to whom the licence was issued may surrender it to a Licensing Officer, and the Licensing Officer may, upon payment of a fee of one shilling, issue a duplicate licence to the person surrendering the licence.

Cancellation of licences.

11.—(1.) A Licensing Officer may cancel a licence issued under these Regulations to a seaman in any case as to which he is satisfied that the seaman, after the licence has been issued to him—

(a) has refused or failed to comply with any lawful order or direction given in relation to his employment;

(b) having engaged to work on any ship to which these Regulations apply, has refused to work in accordance with the terms of his agreement with the master and of any current Award of the Commonwealth Court of Conciliation and Arbitration which is binding on him;

(c) has, either alone or in company with other persons, exercised or attempted to exercise intimidation or violence in relation to, or used threatening or abusive language to, any licensed seaman or to any official authorized to perform duties in or in relation to the administration of these Regulations;

(d)has been convicted of an offence against these Regulations; or

(e) has been convicted of an offence against any other Commonwealth law or against any State law committed upon a wharf, pier, jetty, or ship.

(2.) A Licensing Officer may cancel any licence which he is satisfied has been issued or renewed in contravention of these Regulations or upon any misrepresentation made by the applicant for the licence.

(3.) Where a licence issued to any person is cancelled under this regulation, the Licensing Officer by whom the licence is cancelled shall, by writing under his hand, fix a period, not being less than one month or more than twelve months from the date of cancellation, during

which the person shall be ineligible to receive a licence under these Regulations and the person shall, subject to these Regulations, thereupon be ineligible accordingly.

(4.) Any seaman whose licence is cancelled under this regulation may, within fourteen days after the service on him of notice of cancellation, appeal to a court of summary jurisdiction against the cancellation of the licence otherwise he shall, on or before the expiration of that period, deliver up his licence to a Licensing Officer.

(5.) An appeal shall be by summons calling upon the Licensing Officer to show cause why the cancellation of the licence should not be set aside.

(6.) Upon the hearing of an appeal the court may, as it thinks fit, confirm the cancellation or order the restoration of the licence or, where it confirms the cancellation, may vary the period during which the appellant is ineligible to receive a fresh licence, but so that the period of ineligibility is not less than one month or more than twelve months.

(7.) If the Court confirms the cancellation of the licence, the seaman shall forthwith deliver up his licence to a Licensing Officer.

(8.) If, in any case where a licence has been cancelled on any of the grounds specified in paragraph (c)of sub-regulation (1.) of this regulation, the Court, on the hearing of an appeal against the cancellation of the licence, is satisfied that the intimidation or violence, or the threatening or abusive language, had no relation to the employment of the seaman, or to the fact that the seaman had offered for, accepted, or continued in, employment in the work in respect of which he was licensed, the Court shall order the restoration of the licence.

Unlicensed persons not to engage as seamen.

12. On and after a date fixed by the Minister by notice published in the Gazette, no person shall engage as a seaman, on any ship on which Part III. of these Regulations applies, at any prescribed port, unless that person is the holder of a licence issued to him under these Regulations, and that licence is still in force.

Unlicensed persons not to be engaged as seamen.

13. On and after a date fixed by the Minister by notice published in the Gazette, no person shall engage another person as a seaman, on any ship on which Part III. of these Regulations applies, at any prescribed port, unless that other person is the holder of a licence issued to him under these Regulation, and that licence is still in force.

Freedom of selection of licensed seamen.

14. Subject to the last preceding regulation, an employer shall have, and may exercise, freedom of selection, from among the licensed seamen offering for engagement, of seamen for employment on any ship on which Part III. of these Regulations applies.

Part III.—Offences.

Production of licence.

15. Any seaman who, while employed, or when offering for employment, on any ship on which this Part of these Regulations applies, at any prescribed port, upon being requested so to do by a

Licensing Officer or any person thereto authorized in writing by a Licensing Officer, or by any officer of police of the Commonwealth or of a State, refuses or fails to produce the licence issued to him under these Regulations, shall be guilty of an offence.

Dual application, &c.

16. Any person who—

(a) being the holder of a licence under these Regulations—applies for the issue to him of a licence otherwise than by way of renewal or replacement under these Regulations;

(b)having been the holder of a licence which has been cancelled—applies, during any period during which he is ineligible under these Regulations to receive a fresh licence, for the issue to him of a licence; or

(c) applies for a licence in any name other than his own,

shall be guilty of an offence.

Incorrect answers.

17. Any person who makes any false statement in an application under these Regulations shall be guilty of an offence.

Traffic in licences.

18. Any person who purchases, sells, pledges or accepts as a pledge, or who, without lawful authority (proof whereof shall lie upon him) alters, a licence issued under these Regulations, shall be guilty of an offence.

Unauthorized possession of licence.

19.—(1.) If any licence comes into the possession of any person other than the person to whom it was issued, he shall forthwith deliver the licence to a Licensing Officer, or, at any port where there is no Licensing Officer under these Regulations, to the Commonwealth Superintendent, Mercantile Marine Office, at the port.

(2.) Any person who, without lawful excuse (proof whereof shall lie upon him) has in his possession or retains any licence which has not been issued to him, or any licence which, having been so issued to him, has since been cancelled, shall be guilty of an offence.

Making or using counterfeit licence.

20. Any person who, without lawful excuse (proof whereof shall lie upon him) manufactures, produces or uses any false or counterfeit licence shall be guilty of an offence.

Payment for employment.

21. Any person who, for himself or another person, for the purpose of obtaining employment or continuance in employment as a seaman, gives, offers or promises to any person whomsoever, any gift or consideration in money or kind, and any person who accepts any such gift or consideration given, offered or promised for that purpose or who is party to any arrangement whereby he is to receive any such gift or consideration upon condition that such employment is provided or continued, shall be guilty of an offence.

Preventing seamen from offering, engaging, &c.

22.—(1.) It shall be an offence for any organization, whether by resolution, instruction, domestic rule or any other means whatsoever, or for any person, by persuasion, intimidation or violence, or any means whatsoever, to prevent or attempt to prevent any seaman from offering or engaging himself for employment as a seaman on any ship on which this Part of these Regulations applies, or to induce, or attempt to induce, any seaman to refrain from offering or engaging himself for such employment.

(2.) It shall be an offence for any organization or any person, with the object of holding up the ship or of enforcing any demand

made on the master or owner of the ship, by any means whatsoever to persuade or compel a seaman employed on any ship on which this Part of these Regulations applies to abandon or terminate his employment on the ship.

Penalty: On any person, One hundred pounds or imprisonment for three months; and on any organization, Five hundred pounds.

Evidence.

23. In any proceedings for an offence against the last preceding regulation the averment of the prosecutor that the offence was committed with the object of holding up a ship or of enforcing a demand made on the master or owner of a ship shall be deemed to be proved in the absence of proof to the contrary.

Intimidation or violence.

24. Any person who, either alone or in company with other persons, exercises or attempts to exercise intimidation or violence in relation to, or uses threatening or abusive language to, any seaman because of his employment, or of his offering for employment, on any ship on which this Part of these Regulations applies shall be guilty of an offence.

Obstructing officers.

25. Any person who obstructs the entry of, or interferes with, any officer or person in the execution of his duty under these Regulations shall be guilty of an offence.

Part IV.—Penalties.

Penalties.

26. Any person who commits an offence against or any contravention of regulation 12, 15, 16, 17, 18, 19, 21, 24 or 25 of these Regulations shall, upon conviction, be liable to a penalty not exceeding Ten pounds and in default to imprisonment for a period not exceeding one month, and any person who commits an offence against or contravention of regulations 13 or 20 of these Regulations shall, upon conviction, be liable to a penalty not exceeding One hundred pounds and in default to imprisonment for a period not exceeding six months.

 

THE SCHEDULE.

Form T.W.S.—1.

Reg. 7.

Commonwealth of Australia.

Transport Workers (Seamen) Regulations.

APPLICATION FOR LICENCE.

I, the person described hereunder, hereby apply for a licence under the abovementioned Regulations to engage as a Seaman on ships on which the above-named Regulations apply.

Surname.		Christian Names (in full).
Height (in boots).	Age.	Full Address.
ft.   in.
Name of last ship in which applicant served.		Capacity in which he served.

(*) Strike out words that do not apply.

This is my first application for a licence.

I have previously held a licence issued at...........................................................

which was cancelled for...................months on the................................... day of

............................ 19...

*lost.

which has been *stolen.

* destroyed.

which has expired and is attached hereto.

...............................................

Signature of Applicant.

To the Licensing Officer,

Port of.............. / / 19.

_____

Form T.W.S.—2. Reg. 8.

No.............

Commonwealth of Australia.

Transport Workers (Seamen) Regulations,

SEAMAN’S LICENCE.

In pursuance of the above-mentioned Regulations, the undermentioned person is hereby licensed to engage as a seaman during the period ending on 31st August, 19………………., and thereafter during any further period for which the licence is renewed in accordance with those Regulations.

Date……../……./19..........

....................................................

Licensing Officer

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

Surname.			Christian Names (in full).
Height (in boots).	Age.	Colour of— (1) Eyes. (2) Hair.	Complexion.	Other Distinguishing Marks.
(1)
(2)

Fee paid: One shilling.

..................................................

Issuing Officer.

..................................................

Signature of Seaman.

/ /19 .

RENEWALS OF THIS LICENCE.

Renewed for twelve months ending. Receipt No. Date. Signature of Licensing Officer. Office Stamp.

Form T.W.S.—3. Reg. 8.

Commonwealth of Australia.

Transport Workers (Seamen) Regulations.

APPLICATION FOR RENEWAL OF LICENCE.

(a)Here insert name in full.

(b)Here insert address in full.

(c) Date of existing licence.

I, (a)……………..................................of (b)...........................................................................hereby apply for the renewal of Seaman’s Licence No…………………. issued to me on (c)…………… under the above-mentioned Regulations.

...............................................

Signature of Seaman.

/ /19  .

 

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