Statutory Rules
1979 No. 213
REGULATIONS UNDER THE NAVIGATION ACT 19121
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this tenth day of October 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
PETER NIXON
Minister of State for Transport
–––––––
AMENDMENTS OF THE NAVIGATION (EXAMINATION OF ENGINEERS) REGULATIONS 19262
Renewal of lost or defaced certificates
1. Regulation 27 of the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting from sub-regulation (4) "$2" and substituting "$6".
Practical knowledge
2. Regulation 81 of the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting from sub-regulation (4) "$6"and substituting "$18".
Payment of fees for workshop tests
3. Regulation 82 of the Navigation (Examination of Engineers) Regulations 1926 is amended—
(a) by omitting from sub-regulation (1) "$16" and substituting "$48";
(b) by omitting from sub-regulation (1) "$6" and substituting "$18"; and
(c) by omitting from sub-regulation (1) "$10" and substituting "$30".
Fifth Schedule
4. The Fifth Schedule to the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting "$10" and substituting "$30".
Eleventh Schedule
5. The Eleventh Schedule to the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting paragraph (1) and substituting the following paragraph:
"(1) The following fees respectively are payable on each occasion on which an applicant presents himself for examination for, or for the endorsement of, a certificate:
Certificates of Imperial Validity |
$ |
Second Class Engineer's Certificate.................................... | 36 |
First Class Engineer's Certificate if the applicant holds a valid and appropriate Second Class Certificate of Competency..... | 54 |
First Class Engineer's Certificate if the applicant does not hold a valid and appropriate Second Class Certificate of Competency..... | 72 |
Endorsement of First Class Engineer's Certificate if the applicant has previously held a Second Class Certificate appropriate to the endorsement desired..... | 36 |
Endorsement of a First Class Engineer's Certificate if the applicant has not previously held a Second Class Certificate appropriate to the endorsement desired..... | 54 |
Extra First Class Engineer's Certificate if the applicant holds a Motor Certificate endorsed for First Class service in steamships..... | 54 |
Extra First Class Engineer's Certificate if the applicant holds only a First Class Engineer's Ordinary Certificate..... | 90 |
Certificates of Australian Validity |
$ |
Third Class Coast Engineer (or endorsement)............................. | 18 |
* Second Class Coast Engineer (or endorsement) (not including mechanical test)...... | 30 |
First Class Coast Engineer (or endorsement).............................. | 36 |
Second Class Marine Engine Driver (or endorsement)........................ | 12 |
First Class Marine Engine Driver (or endorsement)......................... | 18 |
* If mechanical test for Second Class Coast Engineer is required, the candidate will be charged an additional fee of $18, which shall be paid before the test is arranged.". |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 17 October 1979.
2. Statutory Rules 1926 No. 177 as amended by Statutory Rules 1941 No. 128; 1963 No. 97; 1966 No. 27; 1968 No. 28; 1974 No. 83; 1975 No. 114; 1976 No. 277; 1977 No. 266; and 1978 No. 130.
Overview
Statutory Rules 1979 No. 213, made under the Navigation Act 1912, addresses the need to update various fees associated with examinations and endorsements for engineering certificates in maritime navigation. This legislative instrument was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to amend the existing Navigation (Examination of Engineers) Regulations 1926. The primary objective is to revise the financial requirements for obtaining and renewing maritime engineering certificates to reflect current economic conditions and administrative costs. These amendments include increasing fees for the replacement of lost or defaced certificates, adjustments to fees for practical knowledge assessments, and changes to fees for workshop tests and endorsements of engineer certificates.
Scope and Application
These Regulations, made under the Navigation Act 1912, apply to the examination and certification of marine engineers within the Commonwealth of Australia, specifically addressing the fees and procedures for the examination of engineers and the renewal or replacement of lost or defaced certificates. The scope of the Regulations is limited to the amendments of the Navigation (Examination of Engineers) Regulations 1926, focusing on the financial aspects of the examination process, including the fees for various certificates and endorsements, and the process for renewing certificates that have been lost or defaced. The Regulations are applicable to individuals and entities involved in the maritime industry, particularly engineers seeking certification or endorsement of their qualifications. The adjustments made to the fees reflect an update to the economic context of the time, ensuring that the regulatory framework remains current and effective. While the Regulations primarily concern procedural and financial matters, they do not introduce any exclusions or exemptions beyond those already stipulated in the original 1926 Regulations, which may be subject to further modification through subordinate instruments as required.
Key Provisions
The Statutory Rules 1979 No. 213, under the Navigation Act 1912, introduce amendments to the Navigation (Examination of Engineers) Regulations 1926. The primary focus of these amendments is to adjust the fees associated with various certificates and examinations for marine engineers. Regulation 27, which addresses the renewal of lost or defaced certificates, now requires a fee of $6 (sub-reg. 27(4)). Regulation 81, concerning the practical knowledge requirement for engineers, increases the fee to $18 (sub-reg. 81(4)). Additionally, Regulation 82, which pertains to the fees for workshop tests, has been revised to set fees at $48, $18, and $30 respectively (sub-reg. 82(1)). The Fifth Schedule, which outlines the fees for various certificates, is amended to $30 (Schedule 5). The Eleventh Schedule, detailing the fees for different types of certificates and endorsements, has been updated to reflect new fee structures ranging from $12 to $90, depending on the certificate and the applicant's prior qualifications.
These amendments impose specific financial obligations on individuals seeking to obtain or renew marine engineer certificates. Applicants now need to pay higher fees for certificate renewals, practical knowledge assessments, and workshop tests. The updated fees for certificates and endorsements vary based on the type of certificate and the applicant's previous qualifications. For instance, a Second Class Engineer's Certificate now costs $36, while a First Class Engineer's Certificate for an applicant without a valid Second Class Certificate costs $72. These financial obligations ensure that applicants meet the required standards and that the certification process is adequately funded.
The amendments do not explicitly state any new offences or penalties for non-compliance with the updated fees. However, failure to pay the correct fee when presenting for an examination or endorsement could potentially lead to disqualification from the examination or the endorsement process. This could have significant implications for individuals seeking to pursue or advance their careers in marine engineering. The absence of specified penalties in the text suggests that the primary consequence of non-compliance would be the inability to proceed with the examination or endorsement, rather than a specific fine or imprisonment.