Navigation (Distressed Seamen) Regulations (Repeal) 1993 No. 151
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 151
Issued by authority of the Minister for Transport and Communications Navigation Act 1912
Navigation (Master and Seamen) Regulations (Repeal) Navigation (Distressed Seamen) Regulations (Repeal)
Subsection 425 (1) of the Navigation Act 1912 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The Navigation (Master and Seamen) Regulations (Repeal) repealed the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations (Repeal) repealed the Navigation (Distressed Seamen) Regulations.
The Navigation (Master and Seamen) Regulations prescribed the following matters:
the form of an Agreement under section 46 of the Act setting out the terms of engagement of a seamen as a member of the crew of a ship;
minimum age for employment at sea for the purposes of section 48A of the Act
certificate of discharge for the purposes of paragraph 61(a) of the Act
allotment notes for the purposes of paragraph 70 (3) (a) of the Act
account of wages for the purposes of subsection 76(1) of the Act
account of wages of seamen left on shore for the purposes of paragraph 148C(1)(a) of the Act
a log-book relating to money and effects of deceased seaman for the purposes of section 150 of the Act
investment of moneys of deceased seamen for the purposes of subsection 156(3) of the Act
search of ships for the purposes of paragraph 164(2) (b) of the Act
particulars of crews for the purposes of section 165 of the Act
entries and signatures to entries in an official logbook for the purposes of subsection 171(1) of the Act
entries relating to births, deaths, etc. in a log-book for the purposes of paragraph 417(1)(d) of the Act
a certificate of service as a seaman.
The Navigation (Distressed Seamen) Regulations prescribed the following matters:
relief and maintenance for distressed seamen
board and lodging, clothing, etc.
repatriation of distressed seamen
proper return port of a distressed seaman
passage on certain Australian ships for distressed seamen
duties of the master on the termination of passage
payment for passage on an Australian ship
passage on ships other than Australian ships
payments by proper authorities en route
medical certificates
an allowance for rescued seamen
an allowance for insane seamen
repatriation to ports in home country, etc.
a certificate of expenses incurred by the Commonwealth
the recovery of expenses incurred by the Commonwealth.
Under subsection 425(1AA) of the Act, the Australian Maritime Safety Authority has power to make orders with respect to matters in Part II (sections 9A-174) of the Act in relation to which provision may be made by regulations. Part II of the Act makes provision in relation to Masters and Seamen.
The Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations were replaced with Marine Orders Part 53, Employment of Crews. Issue 1, with effect from 1 July 1993, in accordance with the policy pursued since February 1981 to incorporate the detailed subordinate requirements of the Act in Marine Orders. it was therefore necessary to repeal those Regulations.
The repealing Regulations commenced on 1 July 1993.