STATUTORY RULES.
1928. No. 22.
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 as on and from the first day of December, 1927.
Dated this eighth day of March, 1928.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD
for Minister of State for Trade and Customs.
Amendment of Navigation (Courts of Marine Inquiry)
Regulations.
(Statutory Rules 1926, No. 128.)
1. Regulation 39 of the Navigation (Courts of Marine Inquiry) Regulations is amended by adding at the end of sub-regulation (1) the following proviso:—
“Provided that, where an inquiry has extended over more than five days of sitting, the Minister may authorize the payment to each of the assessors engaged on the case of fees at a rate fixed by him and exceeding Three guineas per day but not exceeding Five guineas per day, and may direct that fees at the rate so authorized shall be payable in respect of the whole period of the inquiry or in respect only of so much of that period as exceeds five days.”
By Authority: H. J. Green, Government Printer, Canberra.
312.—Price 3d.
Overview
The Statutory Rules 1928 No. 22, enacted by the Governor-General in Council under the authority of the Navigation Act 1912-1926, amends the Navigation (Courts of Marine Inquiry) Regulations to address the issue of excessive durations of marine inquiry proceedings. This legislative instrument was introduced to ensure that assessors involved in lengthy inquiries are appropriately compensated, thereby providing an incentive for the efficient handling of marine inquiry cases. The policy objective, as implied by the amendments, is to balance the need for thorough investigations with the practical considerations of assessors' time and remuneration.
These regulations were enacted by the Governor-General in accordance with the powers conferred by the Navigation Act 1912-1926. The intent is to modify existing regulations to allow for higher fees to be paid to assessors when an inquiry extends beyond five days, ensuring that their contributions are fairly rewarded and thus maintaining the integrity and effectiveness of marine inquiries.
Scope and Application
The Regulations Under the Navigation Act 1912-1926, as stipulated in Statutory Rules 1928, No. 22, pertain to the amendment of the Navigation (Courts of Marine Inquiry) Regulations. These regulations apply to the conduct of marine inquiries under the Navigation Act, specifically addressing the remuneration of assessors involved in such inquiries. The regulations are applicable to any assessors engaged in marine inquiries conducted within the Commonwealth of Australia. The amendments focus on the payment of fees to assessors when an inquiry extends beyond five days, allowing the Minister to authorise higher fees for such cases, up to a specified limit. This legislation thus directly impacts the financial compensation of assessors in maritime investigations and ensures that appropriate remuneration is provided for extended periods of inquiry. The scope of the regulations is confined to the procedural aspects of marine inquiries, without any stated exclusions or exemptions in the provided text.
Key Provisions
The key provision of these Regulations, as detailed in Regulation 1, involves an amendment to Regulation 39 of the Navigation (Courts of Marine Inquiry) Regulations (1). Specifically, the amendment adds a proviso to sub-regulation (1), which allows for the payment of fees to assessors under certain conditions (1). If an inquiry extends beyond five days, the Minister is empowered to authorise fees for the assessors at a rate between three and five guineas per day, either for the entire duration of the inquiry or just for the period exceeding five days (1).
These Regulations impose several obligations on parties involved in marine inquiries under the Navigation Act 1912-1926. Primarily, they require the Minister to authorise the payment of fees to assessors if the inquiry exceeds five days of sitting (1). The Minister must also fix the rate of fees, ensuring it falls within the specified range of three to five guineas per day (1). Additionally, the Minister has the discretion to determine whether the fees should apply to the entire duration of the inquiry or only the period beyond the five-day threshold (1).
Failure to comply with the provisions of these Regulations could result in civil or administrative penalties, although the specific consequences are not detailed in the text. However, it is clear that the Regulations aim to ensure proper remuneration for assessors involved in lengthy marine inquiries, thereby maintaining the efficiency and effectiveness of the inquiry process.
The text does not explicitly state maximum penalties for breaches of these Regulations. Nonetheless, non-compliance could lead to legal challenges or administrative actions, as the provisions are designed to ensure that assessors are fairly compensated for their time and expertise in marine inquiries.
Overall, these Regulations serve to provide clarity and structure to the payment of fees for assessors involved in lengthy marine inquiries, ensuring that they are adequately compensated for their work. The provisions are designed to support the smooth functioning of marine inquiry processes under the Navigation Act 1912-1926.