STATUTORY RULES.
1941. No. 128.
––––––
REGULATIONS UNDER THE NAVIGATION ACT 1912-1935.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1935.
Dated this eleventh day of June, 1941.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce.
Amendments of the Navigation (Examination of Engineers) Regulations.†
Citation.
1. Regulation 1 of the Navigation (Examination of Engineers) Regulations is amended by adding at the end thereof the figures “1926”.
2. After Regulation 2 of the Navigation (Examination of Engineers) Regulations the following regulation is inserted:—
Application.
“2a. These Regulations shall apply only in relation to the examination of candidates who apply to be examined under them.”.
Endorsement of Certificate.
3. Regulation 29 of the Navigation (Examination of Engineers) Regulations is repealed.
Order of examinations.
4. Regulation 38 of the Navigation (Examination of Engineers) Regulations is amended by inserting in sub-regulation (3.), after the word “six” the words “or more”.
5. The Navigation (Examination of Engineers) Regulations are amended by inserting in Division 1 of Part IV., after the divisional heading, the following regulation:—
Workshop and sea service qualifications.
“50a. Notwithstanding anything contained in this Division, the qualifications of candidates as to workshop service and sea service shall, as from the date on which the Navigation (Examination of Engineers) Regulations 1941 come into operation, be the qualifications prescribed in Part II. of those Regulations.”.
* Notified in the Commonwealth Gazette on12 June, 1941
† Statutory Rules 1926, No. 177.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1941, No. 128, are regulations made under the Navigation Act 1912-1935, addressing the need for updated and streamlined procedures in the examination of engineers. Enacted by the Governor-General in Council, these regulations aim to refine the qualifications and examination process for marine engineers, ensuring that they align with the evolving standards and operational requirements of maritime navigation. The policy objective is to maintain high standards of competency among marine engineers, thus enhancing safety and efficiency in maritime operations. These amendments and additions to the Navigation (Examination of Engineers) Regulations 1926 aim to rectify specific issues identified in the existing framework, including the relevance of workshop and sea service qualifications, and the clarity of application scope for the examination process.
Scope and Application
The Navigation (Examination of Engineers) Regulations 1941, as amended by Statutory Rules 1941, No. 128, pertain to the examination of candidates seeking certification as marine engineers under the Navigation Act 1912-1935. These regulations specifically apply to individuals who submit applications for examination, setting out the qualifications and procedures for both workshop and sea service that candidates must fulfil. The regulations are applicable nationwide, reflecting the Commonwealth's jurisdiction over maritime matters. While the primary focus is on the examination criteria, certain aspects of the original regulations have been amended or repealed to refine the certification process. For instance, the endorsement of certificates has been altered, and specific qualifications regarding workshop and sea service have been updated to align with the provisions in Part II of the 1941 regulations. These amendments are intended to streamline the certification process, ensuring that all candidates meet consistent and updated standards required for marine engineering roles.
Key Provisions
The main operative sections of the Statutory Rules 1941, No. 128, are focused on amending the Navigation (Examination of Engineers) Regulations under the Navigation Act 1912-1935. Regulation 1 is amended to include the year "1926", indicating a historical amendment. A new Regulation 2a is inserted to clarify that these regulations apply specifically to the examination of candidates. Regulation 29 is repealed, removing a previous endorsement of certificates, while Regulation 38 is amended to allow for more than six candidates in an examination session. Additionally, a new regulation, 50a, is introduced to specify the qualifications required for workshop and sea service as prescribed in Part II of the 1941 Regulations.
These regulations impose clear obligations on the parties involved in the examination process for engineers. Candidates applying for examination must now meet the specific workshop and sea service qualifications as outlined in Part II of the 1941 Regulations. The regulations also stipulate that the examinations must be conducted in accordance with the updated provisions, including the potential for more than six candidates per session. Furthermore, the removal of the endorsement of certificates in Regulation 29 indicates a shift in how qualifications are recognised and validated.
Breaching these regulations could result in various consequences. While the specific offences and penalties are not detailed in the statutory rules, under the broader Navigation Act 1912-1935, violations could lead to civil or criminal penalties. For example, failure to comply with examination regulations could result in fines or imprisonment, depending on the severity of the breach and the discretion of the court. These potential consequences underscore the importance of adherence to the stipulated qualifications and examination procedures.