Navigation (Certificates of Service) Regulations

Legislation au C1964L00035 Regulations Not in force Legislative Instrument

Legislation content

NAVIGATION ACT.

 

NAVIGATION (CERTIFICATES OF SERVICE) REGULATIONS.

 

Statutory Rules 1964, No. 35.(a)

 

Citation

1. These Regulations may be cited as the Navigation (Certificates of Service) Regulations.

Interpretation.

2.—(1.) In these Regulations, “the Act” means the Navigation Act 1912-1961.

(2.) A reference in these Regulations to a form by number shall be read as a reference to the form so numbered in the Schedule.

Prescribed other qualifications for a certificate of service as master of a foreign-going ship.

3. For the purposes of sub-section (1.) of section 18b of the Act, the prescribed other qualifications are—

(a) that the person who has attained the rank of lieutenant, as a seaman specialist, in the Commonwealth Naval Forces has had not less than seven years sea service in those Forces in sea-going ships;

(b) that the person has had not less than three years of the service referred to in the last preceding paragraph whilst he held a full watch-keeping certificate; and

(c) that he is a fit and proper person to be granted a certificate of service as master of a foreign-going ship and, by reason of the service referred to in the last two preceding paragraphs, he is competent to serve as a master of a foreign-going ship.

Prescribed other qualifications for a certificate of service as first class engineer.

4. For the purposes of sub-section (2.) of section 18b of the Act, the prescribed other qualifications are—

(a) that the person who has attained the rank of lieutenant, as an engineer specialist, in the Commonwealth Naval Forces has, whilst holding the rank of lieutenant or acting in the rank of lieutenant, had not less than a total of twenty-one months’ sea service in those Forces in sea-going ships as a Watch-Keeping Engineer Officer, Senior Engineer Officer, or Engineer Officer, being service—

(i) in connexion with the main boilers of a steamship;

(ii) in connexion with the main propelling machinery of a steamship or a motorship; or

(iii) in connexion with auxiliary machinery essential to the running of the main boilers of a steamship or the main propelling machinery of a steamship or motorship; and

(a) Made under the Navigation Act 1912-1961 on 6 March, 1964; notified in the Commonwealth Gazette on 6 March, 1964.


(b) that he is a fit and proper person to be granted a certificate of service as first class engineer in the capacity in which he is, by reason of the service referred to in the last preceding paragraph, competent to serve.

Prescribed other qualifications for a certificate of service as second class engineer.

5. For the purposes of sub-section (3.) of section 18b of the Act, the prescribed other qualifications are—

(a) that the person who has attained the rank of sub-lieutenant, as an engineer specialist, in the Commonwealth Naval Forces has, whilst holding the rank of sub-lieutenant or acting in the rank of sub-lieutenant, had not less than a total of twenty-one months’ sea service in those Forces in sea-going ships as a Watch-Keeping Engineer Officer, Senior Engineer Officer, or Engineer Officer, being service—

(i) in connexion with the main boilers of a steamship;

(ii) in connexion with the main propelling machinery of a steamship or a motorship; or

(iii) in connexion with auxiliary machinery essential to the running of the main boilers of a steamship or the main propelling machinery of a steamship or motorship; and

(b) that he is a fit and proper person to be granted a certificate of service as second class engineer in the capacity in which he is, by reason of the service referred to in the last preceding paragraph, competent to serve.

Fees.

6.—(1.) The fee for issuing a certificate of service under section 18b of the Act is such amount as the Minister determines.

(2.) A person shall not be issued with a certified copy of a certificate of service under section 21 of the Act unless he pays the fee fixed by the Minister in respect of the matter for the purposes of this sub-regulation or the Minister determines that that fee is not payable by that person.

Forms of Certificates.

7. For the purposes of section 18b of the Act—

(a) Form 1 is the prescribed form for a certificate of service as master of a foreign-going ship;

(b) Form 2 is the prescribed form for a certificate of service as first class engineer; and

(c) Form 3 is the prescribed form for a certificate of service as second class engineer.

 

THE SCHEDULE.

Form 1.

Regulation 7 (a).

Commonwealth of Australia.

Navigation Act 1912-19 .

CERTIFICATE OF SERVICE AS MASTER OF A FOREIGN-GOING SHIP.

In pursuance of section 18b of the Navigation Act 1912–19 , I hereby certify that A.B. is qualified under the above-mentioned Act to fulfil the duties of a Master of a foreign-going ship

 .

Dated this day of , 19 .

Minister of State for Shipping and Transport.


The Schedule—continued.

Form 2.

Regulation 7 (b).

Commonwealth of Australia.

Navigation Act 1912-19 .

CERTIFICATE OF SERVICE AS FIRST CLASS ENGINEER.

In pursuance of section 18b of the Navigation Act 1912-19 , I hereby certify that C.D. is qualified under the above-mentioned Act to fulfil the duties of a First Class Engineer              .

Dated this day of , 19 .

Minister of State for Shipping and Transport.

 

Form 3.

Regulation 7 (c).

Commonwealth of Australia.

Navigation Act 1912-19 .

CERTIFICATE OF SERVICE AS SECOND CLASS ENGINEER.

In pursuance of section 18b of the Navigation Act 1912-19 , I hereby certify that E.F. is qualified under the above-mentioned Act to fulfil the duties of a Second Class Engineer              .

Dated this day of , 19 .

Minister of State for Shipping and Transport.

 

Overview

The Navigation (Certificates of Service) Regulations 1964 were enacted under the authority of the Navigation Act 1912-1961 with the aim of providing a regulatory framework for the issuance of certificates of service for individuals serving as masters and engineers on foreign-going ships. These regulations were made by the Commonwealth Government and came into effect on 6 March 1964. The policy objective behind these regulations is to ensure that individuals appointed to these critical positions on foreign-going vessels meet specific qualifications and competency requirements, thereby enhancing maritime safety and operational standards. The regulations prescribe detailed qualifications for certificates of service as master of a foreign-going ship, first class engineer, and second class engineer, including service requirements within the Commonwealth Naval Forces and other criteria to determine fitness and propriety for the roles.

Scope and Application

The Navigation (Certificates of Service) Regulations, made under the Navigation Act 1912-1961, detail the qualifications and procedures for issuing certificates of service for maritime personnel serving on foreign-going ships. These regulations apply to individuals seeking certification as masters, first class engineers, and second class engineers. The specified qualifications include specific service requirements within the Commonwealth Naval Forces, along with a determination of fitness and propriety to serve in these capacities. The Act extends its application to the Commonwealth of Australia, ensuring that all maritime personnel on foreign-going ships meet these prescribed qualifications. The issuance of certificates, fees, and the prescribed forms for these certificates are also outlined in the regulations, with fees determined by the Minister. The application of these regulations is further extended through subordinate instruments, ensuring comprehensive coverage of maritime personnel qualifications within the Australian jurisdiction.

Key Provisions

The Navigation (Certificates of Service) Regulations (Reg. 3 to 7) establish the qualifications and requirements for obtaining certificates of service for masters and engineers on foreign-going ships under the Navigation Act 1912–1961. Regulation 3 outlines the specific qualifications for a certificate of service as a master, including a minimum of seven years of sea service in the Commonwealth Naval Forces, with three of those years holding a full watch-keeping certificate, and being deemed fit and proper for the role. Regulation 4 specifies the qualifications for a certificate of service as a first-class engineer, which include at least 21 months of sea service in relevant engineering roles in the Commonwealth Naval Forces, and being fit and proper for the role. Regulation 5 details the requirements for a second-class engineer, which are similar to those for a first-class engineer but with a lower rank requirement in the Commonwealth Naval Forces. These Regulations impose specific obligations on applicants seeking certificates of service. For masters, applicants must demonstrate their service in the Commonwealth Naval Forces and their suitability for the role (Reg. 3). For engineers, they must provide evidence of their engineering service in the Commonwealth Naval Forces and their fitness for the position (Reg. 4 and 5). Additionally, applicants must pay the prescribed fee for the issuance of a certificate (Reg. 6). The Regulations do not explicitly state offences, penalties, or consequences for non-compliance. However, under the Navigation Act 1912–1961, failure to comply with the requirements for certificates of service could lead to legal consequences, including fines or imprisonment, as per the broader regulatory framework governing maritime operations in Australia. The exact penalties would be determined by the relevant courts, taking into account the specific circumstances of any breach.

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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.