Navigation Act 1942

Legislation au C1943A00001 Not in force Act

Legislation content

NAVIGATION.

 

No. 1 of 1943.

An Act to amend Part IX. of the Navigation Act 1912-1935 relating to Courts of Marine Inquiry.

[Reserved for His Majesty’s pleasure, 12th June, 1942.]

[Royal Assent proclaimed, 10th February, 1943.]

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 1942.

(2.) The Navigation Act 1912-1935 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 1912-1942.

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.

Appointment of assessors.

3. Section three hundred and sixty of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) In cases where a Court of Marine Inquiry has been requested to make an inquiry under this Act, and for any reason a sufficiency of assessors duly appointed by the Governor-General is not available,


the Court may appoint as its assessors. for the purpose of the inquiry, one or more persons who are, or have been, masters of British ships or, where the inquiry involves, or is likely to involve, any question as to the cancellation or suspension of the certificate of an engineer, who are, or have been, chief engineers of British ships, but so that, in every case, there shall be not less than two assessors to assist the Court:

Provided that in no case shall any person belonging to the ship to which the person complaining or complained against belongs be so appointed.”.

Powers of Court.

4. Section three hundred and sixty-four of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “causing loss of life on or from ships, and as to charges of incompetency or misconduct on the part of masters or officers” and inserting in their stead the words “entailing loss of life on or from ships, and as to charges of incompetency or misconduct, or of failure of duty in regard to any collision or in any matter relating to the navigation, management or working of a ship, on the part of masters, mates or engineers”:

(b) by inserting in paragraph (e) of sub-section (1.), after the word “misconduct”, the words “or failure of duty”;

(c) by inserting in paragraph (a) of sub-section (2.), after the word “dominions”, the words “outside Australia”; and

(d) by inserting at the end of sub-section (2.) the following word and paragraph:—

“; or (d) in respect of a shipwreck or casualty occurring to a ship registered in any part of the King’s dominions outside Australia unless—

(i) at the request or with the consent of the government of that part;

(ii) the shipwreck or casualty occurs on or near the coast of Australia; or

(iii) the ship is wholly engaged in the coasting trade.”.

Rehearing.

5. Section three hundred and sixty-six of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Nothing in sub-section (1.) of this section shall be construed as authorizing the re-opening or rehearing of an inquiry as to any shipwreck or casualty which has been the subject of investigation and inquiry, and which has been reported on, by a competent Court or tribunal in any part of the King’s dominions outside Australia.”.


6. Section three hundred and seventy-two of the Principal Act is repealed and the following section inserted in its stead:—

Power to cancel or suspend certificate.

“372. A Court of Marine Inquiry holding any inquiry within its jurisdiction under this Act may—

(a) cancel or suspend the certificate of competency of any master or ship’s officer which was granted in Australia; or

(b) cancel or suspend, insofar as concerns its validity in Australia, the certificate of competency of any master or ship’s officer which was granted in any part of the King’s dominions outside Australia,

if it finds that the master or officer is incompetent or that he has been found guilty of misconduct or that he has failed in his duty in regard to any collision or in any matter relating to the navigation, management or working of a ship.”.

7. Section three hundred and seventy-three of the Principal Act is repealed and the following section inserted in its stead:—

Notice to person charged.

“373. A Court of Marine Inquiry shall not cancel or suspend a certificate unless a copy of the report or statement of the case on which the inquiry has been ordered has been furnished to the holder of the certificate before the commencement of the inquiry.”.

Delivery up of certificate.

8. Section three hundred and seventy-four of the Principal Act is amended by inserting, after the word “directs.”, the following sub-sections:—

“(2.) Where a competent Court or tribunal in any part of the King’s dominions outside Australia, after investigation or inquiry into any shipwreck or casualty, orders the cancellation or suspension of any certificate granted in Australia, the Minister, by notice in writing served upon the master, mate or engineer, may demand that the master, mate or engineer deliver his certificate to the Minister or as the Minister directs.

“(3.) Any master, mate or engineer who fails to deliver his certificate in accordance with sub-section (1.) of this section or, when the Minister so demands, in accordance with sub-section (2.) of this section, shall be guilty of an offence.”.

9. After section three hundred and seventy-five of the Principal Act the following sections are inserted:—

Grant of certificate when local certificate cancelled or suspended.

“375a.— (1.) Where a local certificate has been cancelled or suspended by a Court of Marine Inquiry, the Minister, after full investigation of all the circumstances, may, if he thinks the justice of the case requires it—

(a) in the case of a cancelled certificate, re-issue and return the certificate;


(b) in the case of a suspended certificate, shorten the time for which it is suspended and return or re-issue it; or

(c) grant a certificate of a lower grade in place of the certificate which has been cancelled or suspended.

“(2.) In this section ‘local certificate’ means a certificate of competency as master, mate, engineer or marine engine-driver of a ship, granted under this or any State Act, and valid within the Commonwealth or a State only.

Appeals against cancellation or suspension of certificate.

“375b.— (1.) Where a Court of Marine Inquiry has cancelled or suspended the certificate of a master or ship’s officer and the inquiry out of which the cancellation or suspension arose has not been reheard in pursuance of section three hundred and sixty-six of this Act, the master or officer may, within one month, appeal to the Supreme Court of the State in which the inquiry was held, and the Supreme Court shall have jurisdiction to entertain the appeal and to confirm, revoke or vary the cancellation or suspension.

“(2.) In hearing any appeal lodged in pursuance of this section, a Supreme Court shall have the assistance of not less than two assessors appointed by the Governor-General under section three hundred and sixty of this Act.”.

10. After section three hundred and seventy-seven of the Principal Act, the following section is inserted in Part IX.:—

Preliminary Investigation by Deputy Director or other person.

“377a.—(1.) A Deputy Director, or other person appointed for the purpose by the Minister, may make a preliminary investigation respecting any casualty affecting a ship or entailing loss of life on or from a ship and for the purpose of any such preliminary investigation may—

(a) go on board any ship at any time and inspect the hull, boilers and machinery, equipment, or any articles on board or connected with the ship;

(b) summon any persons before him and require them to answer questions;

(c) administer oaths; and

(d) require the production of documents by any person.

“(2.) No person who has been lawfully summoned to appear before the Deputy Director or other person in pursuance of the last preceding sub-section shall, without lawful excuse—

(a) fail to appear in obedience to the summons;

(b) refuse to be sworn;

(c) fail to answer any question which he is lawfully required by the Deputy Director or other person to answer; or

(d) fail to produce any documents which he is lawfully required by the Deputy Director or other person to produce.

Penalty: Fifty pounds.”.

Overview

The Navigation Act 1942, enacted by the Commonwealth Parliament, was introduced to amend the Navigation Act 1912-1935, which is referred to as the Principal Act in this legislation. The primary purpose of the Act was to address issues related to the administration of maritime inquiries and the handling of certificates of competency for maritime personnel. This Act expands the scope of maritime inquiries to include charges of incompetency, misconduct, or failure of duty concerning collisions or navigation, management, or working of a ship. It also provides mechanisms for the appointment of assessors in cases where there is a shortage of qualified individuals, ensures the Minister can demand the delivery of certificates in certain circumstances, and outlines the process for the cancellation or suspension of certificates. The policy objective is to enhance the safety and efficiency of maritime operations by ensuring that only competent personnel operate ships and that proper investigations are conducted in the event of maritime incidents.

Scope and Application

The Navigation Act 1942 amends Part IX of the Navigation Act 1912-1935, which pertains to Courts of Marine Inquiry. This legislation applies to individuals and entities involved in maritime activities within Australia, focusing on the competency and conduct of masters, mates, and engineers of ships, as well as the validity of their certificates. The Act operates on a national level, with its jurisdiction extending to any part of the King's dominions outside Australia, subject to specific conditions such as the occurrence of a casualty on or near the Australian coast or with the consent of the relevant government. The Act allows for the appointment of assessors in cases where a sufficiency of duly appointed assessors is not available and delineates the powers of Courts of Marine Inquiry to include the cancellation or suspension of certificates for reasons of incompetency, misconduct, or failure of duty in relation to navigation and management of ships. It also outlines provisions for rehearing, notice to persons charged, and the delivery up of certificates, including the ability for the Minister to demand the surrender of certificates in certain circumstances. The Act further details the processes for the grant of certificates when local certificates have been cancelled or suspended, and the procedures for appeals against such actions.

Key Provisions

The Navigation Act 1942 (Act) amends the Navigation Act 1912-1935 (Principal Act), particularly focusing on Courts of Marine Inquiry. The Act requires the appointment of assessors for inquiries, expanding the pool of eligible individuals to include masters of British ships and chief engineers of British ships, provided there are at least two assessors and none from the ship in question (Section 3). It also expands the scope of the Court's powers to include investigations into charges of incompetency, misconduct, or failure of duty related to collisions, navigation, management, or working of a ship (Section 4). The Act further clarifies that a Court of Marine Inquiry cannot re-open or rehear an inquiry that has already been investigated by a competent Court or tribunal outside Australia unless specific conditions are met (Section 5). Moreover, it allows the Court to cancel or suspend certificates of competency for masters or ship’s officers found to be incompetent, guilty of misconduct, or having failed in their duty (Section 6). Additionally, the Act stipulates that certificates cannot be cancelled or suspended without providing the holder with a copy of the report or statement of the case (Section 7). It also mandates that the Minister may demand the delivery of a certificate if it has been cancelled or suspended by a court outside Australia, with failure to comply being an offence (Section 8). Furthermore, the Minister is empowered to re-issue, shorten the suspension period, or grant a lower-grade certificate after reviewing the circumstances (Section 9). Lastly, it provides for appeals against the cancellation or suspension of certificates to the Supreme Court of the State (Section 10). The Act imposes several obligations on the parties involved. Courts of Marine Inquiry must ensure the presence of at least two appropriately qualified assessors for their inquiries, and they must provide a copy of the case report to the person whose certificate is under scrutiny before any action is taken (Sections 3 and 7). The Minister is responsible for demanding the delivery of certificates that have been cancelled or suspended by a court outside Australia and has the authority to re-issue, shorten the suspension period, or grant a new certificate (Section 8). Masters, mates, engineers, and other relevant personnel are required to deliver their certificates to the Minister or as directed, and failure to do so constitutes an offence (Section 8). Additionally, any person lawfully summoned to appear before a Deputy Director or other appointed person for a preliminary investigation must comply with the summons, answer questions, and produce any required documents (Section 10). The Act establishes various offences and penalties for non-compliance. Failure to deliver a certificate as demanded by the Minister is an offence, with potential civil or criminal consequences as determined by the court (Section 8). Additionally, anyone who fails to comply with a lawful summons, refuses to be sworn, fails to answer a required question, or fails to produce required documents during a preliminary investigation by a Deputy Director or other appointed person is liable to a penalty of fifty pounds (Section 10). These provisions ensure that the maritime industry adheres to the required standards of competency and conduct, thereby enhancing maritime safety and accountability.

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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.