Navigation (Examination of Engineers) Regulations (Amendment)

Overview

The Statutory Rules 1968 No. 29, titled "Regulations under the Navigation Act 1912-1967," were enacted by the Governor-General in the context of the Commonwealth of Australia, with the advice of the Federal Executive Council. These regulations were introduced to amend the existing Navigation (Examination of Engineers) Regulations 1964, addressing specific gaps in the process for the examination of engineers and the requirements for obtaining certificates of competency. The policy objective, as per the Act, is to ensure that maritime engineers are adequately qualified and meet certain residency criteria, which are crucial for maintaining safety and standards in maritime operations. These regulations establish new sub-grades for engineers, modify application requirements for examinations, adjust fees, and remove certain exemptions, thereby enhancing the regulatory framework for maritime engineering qualifications.

Scope and Application

The Navigation (Examination of Engineers) Regulations 1968 apply to individuals seeking to obtain or upgrade their competency certificates as engineers on vessels operating within Australian waters. These Regulations are made under the authority of the Navigation Act 1912-1967 and extend across the Commonwealth of Australia, impacting both state and federal maritime operations. They specifically address the eligibility criteria for examinations, including the introduction of new sub-grades for engineers and modifications to the application process, such as the necessity of providing documentary evidence of nationality and residency for non-British subjects. Additionally, the Regulations update the examination fee and remove certain exemptions previously outlined in the 1964 Regulations, thereby tightening the criteria for those seeking to qualify as marine engineers. The application of these Regulations is further managed through subordinate instruments which may introduce additional specifications or amendments to the examination process and eligibility criteria.

Key Provisions

The Regulations under the Navigation Act 1912-1967 primarily amend the existing Navigation (Examination of Engineers) Regulations 1964. One of the key provisions inserted is regulation 33a (1.), which introduces new sub-grades that are eligible for examination. These sub-grades include second class engineer of a steamship, second class engineer of a motorship, and second class engineer, steamship and motorship (section 17(a) of the Act). Additionally, regulation 34 (2.) modifies the application process for the examination, requiring documentary evidence of the candidate’s nationality and, if the candidate is not a British subject, evidence of continuous residency in the Commonwealth for at least one year prior to the examination date and an intention to continue residing until the examination date (regulation 34(2)(a) and (aa)). The Regulations also impose certain obligations on the parties involved. For example, candidates applying for an examination must provide the necessary documentary evidence as outlined in regulation 34(2). However, regulation 34(3) specifies that this documentary evidence is not required for sub-grades mentioned in regulation 33a. Moreover, the fees for examination applications are updated in regulation 37(2), with the fee set at two hundred dollars, replacing the previous fee of one hundred pounds. There are no explicit provisions regarding offences, penalties, or consequences for breach within the text provided. However, it is understood that non-compliance with the requirements and obligations set out in the Regulations could potentially lead to legal ramifications under the overarching Navigation Act 1912-1967. Such consequences might include fines, legal actions, or other penalties as prescribed by the main Act. The specific penalties would depend on the nature and severity of the breach.