Navigation Act 1935

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NAVIGATION.

No. 30 of 1935.

An Act to amend sections seven and two hundred and thirty-one of the Navigation Act 1912–1934.

[Reserved for His Majesty’s pleasure, 13th April, 1935.]

[Royal Assent proclaimed, 11th July, 1935.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Navigation Act 1935.

(2.) The Navigation Act 1912–1934 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 1912–1935.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation after the King’s approval thereto has been proclaimed in the Commonwealth.

Definition of coasting trade.

3. Section seven of the Principal Act is amended by inserting at the end thereof the following proviso:—

“Provided also that—

(a) subject to paragraph (b) of this proviso, a British ship of not less than ten thousand tons gross tonnage and a sea speed of not less than fourteen knots shall not be deemed to engage in the coasting trade, within the meaning of this Act, by reason of the fact that she takes on board, or carries, any passenger who is to be, or is being, conveyed without break of journey, transhipment, or second call at any intermediate port, from a port in Australia (in this proviso referred to as ‘the first port of embarkation’) to another port in Australia (in this proviso referred to as ‘the port of destination’) with which the first port of embarkation is not connected by rail;

(b) such a ship shall be deemed to engage in the coasting trade if, having carried a passenger to the port of destination specified in his passage ticket, she carries

him on the same voyage to any other port in Australia beyond the first port at which the ship thereafter calls, which first port is—

(i) the first port of embarkation; or

(ii) connected with that other port by rail.”.

Wireless telegraphy apparatus.

4. Section two hundred and thirty-one of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) Except as provided by or under this Act, and subject to the next succeeding sub-section, every foreign-going or Australian-trade ship and every sea-going ship registered in Australia or engaged in the coasting trade shall be provided with such wireless telegraph installation and maintain such wireless service as is prescribed in respect of the class in which the ship is included.

Penalty, on owner or master: Five hundred pounds.

“(1a.) In the case of any cargo ship of less than seven hundred and fifty tons gross registered tonnage, the wireless telegraph installation shall include an efficient wireless telegraph transmitting apparatus, of a type approved by the Minister, capable, when put in operation at any time when the ship is in distress and requires assistance from other vessels, or from the shore, of automatically transmitting on the frequency of five hundred kilocycles (six hundred metres) the prescribed signals of distress.

Penalty, on owner or master: Five hundred pounds.

“(1b.) Every ship required by this section to be provided with a wireless telegraph installation shall carry, as part of her crew, a person or persons qualified to operate the wireless telegraph installation, as follows:—

(a) in the case of any cargo ship of less than seven hundred and fifty tons gross registered tonnage, an operator or a wireless signaller; and

(b) in the case of any other ship, one or more persons to the number prescribed and having such qualifications as are prescribed:

Provided that, in the case of any ship referred to in paragraph (b) of this sub-section, at least one operator shall be carried.

Penalty, on owner or master: Five hundred pounds.

“(1c.) In this section—

‘cargo ship’ means a ship not carrying more than twelve passengers;

‘operator’ means a person who holds—

(a) a valid First Class or Second Class Commercial Operator’s Certificate of Proficiency issued by the Postmaster-General under regulations made under the Wireless Telegraphy Act 1905–1919; or

(b) in the case of a British ship, a valid certificate issued by an authority empowered in that behalf by or under the laws of the United Kingdom or a British possession, and recognized by the Postmaster-General as equivalent to either of the certificates referred to in the last preceding paragraph; or

(c) in the case of a foreign ship, a valid certificate of proficiency in wireless telegraphy issued by an authority empowered in that behalf by or under the laws of the country in which the ship is registered, and recognized by the Postmaster-General as equivalent to either of the certificates referred to in paragraph (a) of this definition;

‘wireless signaller’ means a person who holds a valid Third Class Operator’s Certificate of Proficiency issued by the Postmaster-General under regulations made, or to be made, under the Wireless Telegraphy Act 1905–1919.

“(1d.) The provisions of this Division shall not apply to British ships registered in the United Kingdom, not being ships engaged in the coasting trade.”;

(b) by inserting in sub-section (2.), after the word “from”, the words “any or all of the requirements imposed by or under”;

(c) by inserting in sub-section (2.), after the word “Division”, the words “, either unconditionally or subject to such conditions as he thinks fit to impose,”;

(d) by omitting from sub-section (2.) the words “the provision of a wireless telegraph apparatus” and inserting in their stead the words “compliance with any such requirement or requirements”;

(e) by inserting after sub-section (2.) the following sub-section:—

“(2a.) Before exempting any ship from any of the requirements imposed by or under this section the Minister shall refer the matter to a Committee of three persons appointed under sub-section (3.) of section four hundred and twenty-four of this Act and consisting of the Director or Deputy Director (who shall be Chairman),

one representative of the owner of the ship, and one representative of the maritime organizations to which members of the crew belong.”;

(f) by inserting in sub-section (3.), after paragraph (b), the following paragraph:—

“(ba) the use and maintenance of the wireless telegraph installation;”;

(g) by omitting paragraph (c) of sub-section (3.) and inserting in its stead the following paragraph:—

“(c) the number, grade and qualifications of the members of the crew qualified to operate the wireless telegraph installation;”;

(h) by omitting from paragraph (a) of sub-section (3b.) the word “and” (last occurring);

(i) by omitting paragraph (b) of sub-section (3b.) and inserting in its stead the following paragraphs:—

“(b) ships trading between ports not more than twenty-five nautical miles apart;

(c) ships (not carrying passengers) on a voyage to a port for the purpose of undergoing at that port necessary repairs or periodical overhaul and on the return voyage from that port;

(d) ships, while in tow of other ships provided with a wireless telegraph installation as required by or under this section; and

(e) sailing ships.”;

(j) by inserting in paragraph (a)of sub-section (3g.), after the word “certificate”, the words “of the ship”; and

(k) by omitting from paragraphs (a) and (b) of sub-section (3g.), and from sub-sections (4.) and (5.), the words “operators and watchers” (wherever occurring), and inserting in their stead the words “members of the crew qualified to operate the wireless telegraph installation”.

Overview

The Navigation Act 1935 was enacted to amend sections seven and two hundred and thirty-one of the Navigation Act 1912–1934, thereby enhancing the regulation of shipping within Australian waters. This Act was introduced to address the evolving maritime industry needs, particularly concerning passenger transport and the safety measures required for ships in Australian trade. It was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and its policy objective was to refine and update the regulatory framework for ships, ensuring they met the necessary standards for wireless communication and crew qualifications. The Act aimed to better define the coasting trade and to mandate the installation and maintenance of wireless telegraphy equipment on various classes of ships, including those engaged in foreign and Australian trade. It established specific requirements for wireless installations and crew qualifications, ensuring that ships were adequately equipped to communicate in distress situations. Additionally, it set penalties for non-compliance, reinforcing the importance of these safety measures. The Act also provided for exemptions and exceptions to these requirements, subject to ministerial review and consultation with relevant maritime committees.

Scope and Application

The Navigation Act 1935 amends sections seven and two hundred and thirty-one of the Navigation Act 1912–1934, impacting the definition of the coasting trade and the requirements for wireless telegraph installations on ships. The Act applies to British ships of not less than ten thousand tons gross tonnage and a sea speed of not less than fourteen knots, provided they do not engage in the coasting trade by carrying passengers without break of journey, transhipment, or second call at any intermediate port from one Australian port to another not connected by rail. However, if such a ship carries a passenger to the port of destination specified in their passage ticket and then proceeds to any other port in Australia beyond the first port at which the ship calls, it is deemed to engage in the coasting trade if the first port is either the first port of embarkation or connected with the other port by rail. The Act mandates that foreign-going or Australian-trade ships, sea-going ships registered in Australia or engaged in the coasting trade, must be equipped with a wireless telegraph installation as prescribed, with specific requirements for cargo ships of less than seven hundred and fifty tons gross registered tonnage. These ships must also carry qualified personnel to operate the installation, with penalties for non-compliance. Exemptions apply to British ships registered in the United Kingdom not engaged in the coasting trade. The Minister must consult a committee before exempting any ship from these requirements, and the committee consists of the Director or Deputy Director, a representative of the ship owner, and a representative of maritime organizations.

Key Provisions

The Navigation Act 1935 amends specific sections of the Navigation Act 1912–1934, introducing new requirements and clarifications to maritime operations in Australia. Section 3 of the Act modifies the definition of "coasting trade" to exempt certain British ships from engaging in coasting trade based on their size and speed, provided they do not take on passengers with a break of journey, transhipment, or second call at an intermediate port. However, these ships will be deemed to engage in coasting trade if they carry a passenger beyond the first port of destination to another port connected by rail. Section 4 revises the requirements for wireless telegraph installations and operations on ships, stipulating that every foreign-going or Australian-trade ship, and every sea-going ship registered in Australia or engaged in the coasting trade, must be equipped with a wireless telegraph installation and maintain a wireless service as prescribed. Additionally, cargo ships of less than 750 tons must have an automatic distress signal transmitter. The Act also mandates that each ship must carry qualified personnel to operate the wireless installation, with specific qualifications for operators and wireless signallers. Notably, these provisions do not apply to British ships registered in the United Kingdom that are not engaged in the coasting trade. The obligations imposed by the Act on ship owners and masters are significant. They must ensure their ships comply with the wireless telegraph installation requirements, which include equipping the ship with an appropriate wireless installation and maintaining it according to the prescribed standards. Ship owners and masters must also ensure that the crew includes qualified personnel to operate the wireless installation. Failure to comply with these requirements can result in penalties of up to five hundred pounds. Additionally, ship owners and masters must adhere to the amended definition of "coasting trade" to avoid unintended engagement in coasting trade by their vessels. Breaches of the provisions outlined in the Act can lead to severe consequences. Specifically, section 4 outlines that any owner or master of a ship who fails to comply with the wireless telegraph installation requirements is liable to a penalty of five hundred pounds. This penalty applies to both the owner and the master of the ship, ensuring accountability at both operational and managerial levels. The Act does not explicitly detail other potential civil or criminal consequences, but the imposition of such significant penalties indicates a strong intent to enforce compliance through financial deterrents.

Area of Law: Maritime Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Offence Provisions; Regulatory Standards; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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