Statutory Rules
1976 No. 277
REGULATIONS UNDER THE NAVIGATION ACT 1912.*
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 ninth day of December, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
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Amendments of the Navigation (Examination of Engineers) Regulations 1926†
Commencement.
1. These Regulations shall come into operation on 1 January 1977.
Renewal of lost or defaced certificates.
2. Regulation 27 of the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting from sub-regulation (4) the words “ Fifty cents ” and substituting the figure “ $1 ”.
Practical knowledge.
3. Regulation 81 of the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting from sub-regulation (4) the words “ Two dollars ” and substituting the figure “ $3 ”.
Payment of fees for workshop tests.
4. Regulation 82 of the Navigation (Examination of Engineers) Regulations 1926 is amended—
(a) by omitting from sub-regulation (1) the words “ Five dollars ” and substituting the figure “ $8 ”;
(b) by omitting from sub-regulation (1) the words “ Two dollars ” and substituting the figure “ $3 ”; and
(c) by omitting from sub-regulation (1) the words “ Three dollars ” and substituting the figure “ $5 ”.
Fifth Schedule.
5. The Fifth Schedule to the Navigation (Examination of Engineers) Regulations 1926 is amended by omitting the figures “ $3.00 ” and substituting the figure “$5 ”.
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* Notified in the Australian Government Gazette on 15 December 1976.
† 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; and 1975, No. 114.
Eleventh Schedule.
6. 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............................................. | 6 |
First Class Engineer’s Certificate if the applicant holds a valid and appropriate Second Class Certificate of Competency | 9 |
First Class Engineer’s Certificate if the applicant docs not hold a Second Class Certificate, as above described | 12 |
Endorsement of First Class Engineer’s Certificate if the applicant has previously held a Second Class Certificate appropriate to the endorsement desired | 6 |
Endorsement of a First Class Engineer’s Certificate if the applicant has not previously held a Second Class Certificate appropriate to the endorsement desired | 9 |
Extra First Class Engineer’s Certificate if the applicant holds a Motor Certificate endorsed for First Class service in steamships | 9 |
Extra First Class Engineer’s Certificate if the applicant holds only a First Class Engineer’s Ordinary Certificate | 15 |
Certificates of Australian Validity
(Coast Engineer and Marine Engine Driver’s Certificate valid within the
Commonwealth of Australia)
Third Class Coast Engineer (or endorsement)....................................... | 3 |
*Second Class Coast Engineer (or endorsement) (not including mechanical test)................ | 5 |
First Class Coast Engineer (or endorsement)........................................ | 6 |
Second Class Marine Engine Driver (or endorsement)................................. | 2 |
First Class Marine Engine Driver (or endorsement)................................... | 3 |
*If mechanical test for Second Class Coast Engineer is required, the candidate will be charged an additional fee of $3, which shall be paid before the test is arranged.”.
Overview
Statutory Rules 1976 No. 277, made under the Navigation Act 1912, introduces amendments to the Navigation (Examination of Engineers) Regulations 1926, primarily to update the fees for various maritime engineering certificates and endorsements. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting on advice from the Federal Executive Council. The policy objective behind these amendments is to ensure that the fees for maritime engineer certifications and endorsements reflect current economic conditions and administrative costs, thereby maintaining the integrity and efficiency of the certification process. The updated fees aim to standardise the costs associated with obtaining and renewing maritime engineering certificates, ensuring consistency and fairness in the maritime industry.
Scope and Application
The Statutory Rules 1976 No. 277, made under the Navigation Act 1912, amends the Navigation (Examination of Engineers) Regulations 1926. These regulations apply to individuals seeking to obtain or renew certificates related to maritime engineering within Australia. The regulations outline the fees for various types of engineer’s certificates and endorsements, such as Second Class and First Class Engineer’s Certificates, and their respective renewals or endorsements. These fees cover both Imperial and Australian Validity certificates, ensuring that the maritime engineering profession adheres to national standards. The regulations also address the fees for practical knowledge assessments and workshop tests, reflecting the necessary costs associated with maintaining the competency of marine engineers. Additionally, the regulations specify additional fees for mechanical tests required for certain endorsements. These amendments came into effect on 1 January 1977, thereby replacing previous fee structures with updated figures.
Key Provisions
The Statutory Rules 1976 No. 277, made under the Navigation Act 1912, primarily concern amendments to the Navigation (Examination of Engineers) Regulations 1926. Effective from 1 January 1977, these regulations adjust several fees associated with the examination and certification of engineers. Specifically, Regulation 27, concerning the renewal of lost or defaced certificates, has its fee increased from fifty cents to $1 (Reg. 2). Additionally, Regulation 81, which pertains to practical knowledge, sees its fee rise from two dollars to $3 (Reg. 3). Regulation 82, related to payment of fees for workshop tests, undergoes more significant changes, with fees for various categories increasing from five dollars to $8, two dollars to $3, and three dollars to $5 respectively (Reg. 4). Moreover, the Fifth Schedule, detailing fees for various certificates, is updated to reflect these changes (Reg. 5). Lastly, the Eleventh Schedule, which outlines specific fees for different certificates and endorsements, is entirely replaced with new fee structures (Reg. 6).
These amendments impose new financial obligations on applicants seeking to renew lost or defaced certificates, demonstrate practical knowledge, or undergo workshop tests. The changes necessitate applicants to pay updated fees for these services, reflecting the increased costs associated with administering the examinations and issuing the certificates. For example, applicants for a Second Class Engineer’s Certificate must now pay $6, up from the previous fee of fifty cents. Furthermore, those applying for a First Class Engineer’s Certificate, depending on whether they hold a valid Second Class Certificate, must pay either $9 or $12. These financial requirements ensure that the costs of maintaining and updating the certification process are appropriately reflected in the fees charged to applicants.
In terms of consequences for non-compliance, the regulations do not explicitly detail specific offences or penalties for failure to pay the updated fees. However, non-compliance with these financial obligations could potentially lead to delays or refusals in the issuance of certificates and endorsements, which could have broader implications for the applicants’ professional qualifications and capabilities. Since the regulations do not specify civil or criminal penalties, any legal repercussions for non-payment would likely fall under general principles of contract law or administrative law, depending on the specific circumstances.