STATUTORY RULES.
1926. No. 81.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.
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 Navigation Act 1912-1926, to come into operation on and from the fifteenth day of April, 1926.
Dated the eighteenth day of June, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Amendment of Navigation (Courts of Marine Inquiry)
Regulations.
(Statutory Rules 1923, No. 85, as amended by Statutory Rules 1923, Nos. 147 and 175, and by Statutory Rules 1924, Nos. 24, 33, 168 and 204.)
Schedule II. to the Navigation (Courts of Marine Inquiry) Regulations is repealed and the following Schedule inserted in its stead:—
“Schedule II.
allowances to-witnesses.
(a) For Fares.
To every witness or interpreter residing more than three miles from the place of sitting of the Court—the sum actually paid for fares both in going to and returning from the Court, but not in any case exceeding One shilling and sixpence for every mile required to be travelled:
Provided that in all cases, where practicable, the witness or interpreter shall travel by rail, tram, coach, or ship, and in such part of the train, vehicle, or vessel as is suited to his station in life.
(b) For Travelling Expenses.
Where the place of residence of a witness or interpreter is more than 25 miles from the place where the Court sits, the Minister may approve of the payment to him of a travelling allowance, additional to any other allowance payable under this scale, at such rate as the Minister thinks proper, in respect of the time—(i) necessarily occupied in travelling to and from the place of sitting, (ii) of detention, and. (iii), of attendance at the Court.
C.8218.—Price 3d.
(c) For Attendance at a Court.
To masters and chief engineers, also medical practitioners, civil engineers and other professional men of equivalent standing when attending in a professional capacity, for each day of attendance— £1 1s.
To other certificated deck and engine-room officers and wireless operators, for each day of attendance—15s.
To other witnesses—not including prisoners of the Crown—for each day of attendance—10s. 6d.
(d) For Detention.
To every witness or interpreter who may be necessarily detained, or who may be prevented from proceeding on his journey to his place of abode, either before or after attending the Court, from the date of detention up to the day of attending the Court or of departure (as the case may be), the same allowance as prescribed in paragraph (c) of this Schedule for Attendance at a Court.’’
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Regulations under the Navigation Act 1912-1926, enacted in 1926, were established to address the procedural and logistical aspects of marine inquiries in Australia. The Act was introduced to streamline the administrative processes involved in maritime cases and ensure fair compensation for individuals involved in these proceedings. The enacting body was the Governor-General in Council, acting on the advice of the relevant ministers, aiming to ensure that witnesses and other participants in marine inquiries receive appropriate allowances for their time and expenses incurred. The policy objective was to provide clear guidelines for allowances to witnesses and interpreters, ensuring that the courts could function efficiently while also acknowledging the contributions and sacrifices of those involved in maritime investigations.
Scope and Application
The Regulations under the Navigation Act 1912-1926, as amended, govern the allowances for witnesses and interpreters who are required to attend courts of marine inquiry. These regulations apply to individuals residing more than three miles from the place where the court sits, including witnesses, interpreters, and various professional personnel such as masters, chief engineers, and medical practitioners. The regulations cover allowances for fares, travelling expenses, attendance at the court, and detention. The allowances are structured to reflect the distance from the court and the professional standing of the individual. The allowances for attendance and detention are uniform regardless of the distance, whereas the fare and travelling expenses are calculated based on the distance and travel mode. The regulations extend across the Commonwealth of Australia, applying uniformly within its jurisdiction. The provisions are inclusive of all witnesses and interpreters involved in maritime inquiries, with no stated exclusions or exemptions, ensuring that all eligible individuals receive the appropriate compensation for their participation in legal proceedings.
Key Provisions
The Regulations under the Navigation Act 1912-1926, particularly the amended Schedule II, provide detailed allowances for witnesses and interpreters attending courts of marine inquiry. Section (a) specifies that witnesses or interpreters residing more than three miles from the court may receive reimbursement for their travel fares, not exceeding one shilling and sixpence per mile, provided they travel by rail, tram, coach, or ship, in a manner appropriate to their social standing. Section (b) allows for additional travel allowances for those residing more than 25 miles away, which the Minister may approve based on the time spent travelling, detained, and attending the court. Section (c) outlines allowances for attendance at court, with varying rates for different categories of professionals, such as £1 1s for masters, chief engineers, and equivalent professionals, 15s for other deck and engine-room officers and wireless operators, and 10s 6d for other witnesses. Section (d) ensures that witnesses or interpreters who are detained before or after attending court receive the same allowance as those attending court.
These Regulations impose specific obligations on the parties involved, primarily the Minister who is responsible for approving travel allowances for witnesses and interpreters who reside more than 25 miles away from the court. The Regulations also mandate that witnesses and interpreters must travel by rail, tram, coach, or ship when practicable, in a manner appropriate to their social standing. Furthermore, the allowances for attendance and detention at the court must be adhered to, with specific rates for different categories of professionals.
Failure to comply with these Regulations may lead to breaches, but the specific offences, penalties, or consequences are not detailed in the provided text. It is implied, however, that adherence to the stipulated allowances and travel methods is mandatory, and any non-compliance could potentially lead to disputes or legal actions regarding the allowances provided. The maximum penalties for such breaches, if any, are not specified within the given excerpt.