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The Navigation (Master and Seamen) Regulations (Repeal) repealed the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations (Repeal) repealed the Navigation (Distressed Seamen) Regulations.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.
Overview
The Navigation (Master and Seamen) Regulations (Repeal) 1993 and the Navigation (Distressed Seamen) Regulations (Repeal) 1993 were enacted to repeal the existing regulations under the Navigation Act 1912, thereby streamlining and consolidating maritime regulations. These repeal regulations were issued under the authority of the Minister for Transport and Communications. The overarching policy objective was to incorporate the detailed requirements of the Act into the Marine Orders, which has been the approach since February 1981. The repeal of the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations took effect from 1 July 1993, aligning with the transition to the new Marine Orders Part 53, Employment of Crews. Issue 1, which provided a more integrated framework for maritime regulations.
Scope and Application
The Navigation (Distressed Seamen) Regulations (Repeal) 1993 pertains to the repeal of the Navigation (Distressed Seamen) Regulations and applies to the provisions of the Navigation Act 1912 that relate to distressed seamen, including their relief, maintenance, repatriation, and passage. This Act affects seafaring personnel who find themselves in distress, as well as ship masters who are responsible for the welfare of their crew. The geographic scope of the Act is national, as it pertains to seafaring activities across Australia. The repeal of these regulations was necessary to consolidate the detailed requirements of the Navigation Act 1912 into the Marine Orders, specifically Part 53, Employment of Crews, which took effect from 1 July 1993. These regulations were repealed to streamline maritime governance and align with the policy established in February 1981 to incorporate detailed subordinate requirements into Marine Orders.
Key Provisions
The Navigation (Distressed Seamen) Regulations (Repeal) 1993 No. 151 (section 425(1) of the Navigation Act 1912) serves to repeal the Navigation (Distressed Seamen) Regulations. These regulations previously prescribed a broad range of requirements related to the relief and maintenance of distressed seamen, including board and lodging, clothing, repatriation, and other related matters. The repeal of these regulations reflects a broader policy to incorporate the detailed requirements of the Act into Marine Orders. Specifically, these repealed regulations have been replaced with Marine Orders Part 53, Employment of Crews. Issue 1, which took effect from 1 July 1993.
The Navigation (Master and Seamen) Regulations (Repeal) 1993 No. 151 similarly repeals the Navigation (Master and Seamen) Regulations, which previously prescribed detailed requirements such as the form of agreements for seamen's terms of engagement, minimum age for employment at sea, certificates of discharge, and various other maritime-related documentation and requirements. By repealing these regulations, the new Marine Orders Part 53, Employment of Crews. Issue 1 now encompasses these provisions, bringing them under a more streamlined and updated regulatory framework.
Entities and individuals governed by the Navigation Act 1912 must now adhere to the provisions outlined in Marine Orders Part 53, Employment of Crews. Issue 1. This includes ensuring compliance with the detailed requirements for the employment of crews, including the terms of engagement, age requirements, and documentation such as certificates of discharge and allotment notes. The shift to Marine Orders also means that entities must now reference and comply with the updated regulatory framework, rather than the repealed regulations.
Breach of the provisions within the Navigation Act 1912, now governed by the Marine Orders, can result in both civil and criminal consequences. The specific penalties depend on the nature and severity of the breach. Under the Act, offences can lead to substantial fines and, in more severe cases, imprisonment. The maximum penalties can vary widely based on the specific provision breached and the circumstances of the offence. It is essential for all governed entities and individuals to be fully aware of the updated requirements within Marine Orders Part 53, Employment of Crews. Issue 1 to avoid potential legal ramifications.