Navigation (Examination of Engineers) Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 109, Regulations Under the Navigation Act 1912-1965, were enacted to address the need for a streamlined process for marine engineers to gain higher qualifications through practical experience. This legislative instrument, introduced by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, aimed to facilitate the transition of engineers from one grade to another by issuing permits that allow them to gain the requisite experience on voyages. The policy objective of these regulations is to ensure that marine engineers can efficiently upgrade their qualifications through practical service on ships, thereby enhancing the overall competency and safety standards within the maritime industry. These amendments and insertions were designed to complement the existing regulatory framework under the Navigation Act 1912-1965.

Scope and Application

The Regulations under the Navigation Act 1912-1965 pertain specifically to the administration and operation of the Navigation (Examination of Engineers) Regulations 1964, addressing the issuance of permits to engineers holding certificates, thereby allowing them to serve in specific capacities on ships to gain experience that may qualify them for higher certificates. These regulations apply to individuals who hold certificates as engineers of any grade or sub-grade, providing them with the opportunity to obtain permits that allow them to serve on ships and in positions that will help them qualify for certificates of a higher grade or sub-grade. The issuance of these permits is at the discretion of the Minister, who may grant them based on the application of the certificate holders. The scope of these regulations extends across the Commonwealth of Australia, impacting maritime personnel who need to enhance their qualifications through practical experience at sea. The amendments also include the formalisation of permits and the removal of previous forms, reflecting an update to the regulatory framework for maritime engineers.

Key Provisions

The main sections of these Regulations, made under the Navigation Act 1912-1965, involve amendments and additions to the Navigation (Examination of Engineers) Regulations 1964. Firstly, Regulation 2 of the 1964 Regulations is amended by adding Part V, which is titled "Permits (Regulation 56)" (reg. 1). Secondly, Regulation 54 of the 1964 Regulations is repealed (reg. 2). Thirdly, a new Part V is inserted after Part IV of the 1964 Regulations, which provides that the Minister may issue permits to holders of engineering certificates to serve on ships in specified capacities that will allow them to qualify for a certificate of another sub-grade or the next higher grade (reg. 3). Additionally, the First Schedule to the 1964 Regulations is amended by omitting Form 4 and inserting "THE SCHEDULES. FIRST SCHEDULE." in its place (regs. 4 and 5). The Regulations impose specific obligations on the parties they govern. Engineers holding certificates must apply to the Minister for a permit if they wish to serve on ships in capacities that will allow them to qualify for higher certificates. While serving under these permits, they are deemed to hold the appropriate certificates of competency for the specified capacities (reg. 56). The Regulations also clarify the forms and documents that must be used, as evidenced by the amendment to the First Schedule (regs. 4 and 5). There are no explicit offences, penalties, or consequences for breach stated in these Regulations. However, any breach of the conditions under which permits are issued, or any failure to comply with the requirements of the Navigation Act 1912-1965 and these Regulations, could potentially lead to legal consequences under the parent Act. The Navigation Act 1912-1965 contains provisions for offences and penalties, but these are not detailed within the scope of these Regulations. Therefore, the specific consequences for any breach would depend on the relevant provisions of the parent Act.