Navigation (Examination of Engineers) Regulations (Amendment)

Overview

The Statutory Rules 1969 No. 92, enacted under the Navigation Act 1912-1968, address a gap in maritime safety standards by introducing new regulations concerning the qualifications and certifications for maritime engineers. These Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on the ninth day of June 1969. The policy objective of these Regulations is to enhance maritime safety by ensuring that maritime engineers possess requisite certificates, including a certificate of efficiency as lifeboatman and a certificate of proficiency in first aid, which are now mandatory for obtaining a second class or first class certificate. These amendments aim to standardise the qualifications required for maritime engineers, thereby improving the overall safety and competency standards within the maritime industry.

Scope and Application

The Statutory Rules 1969 No. 92, made under the Navigation Act 1912-1968, introduce amendments to the Navigation (Examination of Engineers) Regulations 1964, targeting candidates for first and second class certificates in the maritime industry. The Regulations apply to individuals who are candidates for these certificates and who are required to hold specific qualifications, including a certificate of efficiency as a lifeboatman and a certificate of proficiency in first aid. These amendments apply nationally across Australia, as they are made under the Commonwealth legislation. The changes involve modifying definitions, application procedures, and prescribed qualifications, and also include the introduction of new regulations related to the examination and issuance of certificates of efficiency as lifeboatmen. Notably, the amendments do not apply to individuals who apply for their certificates within three months of the commencement of these Regulations, provided they are otherwise qualified. The Act extends its application through subordinate instruments, allowing for the detailed regulation of qualifications and examinations for maritime personnel.

Key Provisions

The Regulations under the Navigation Act 1912-1968 amend the existing Navigation (Examination of Engineers) Regulations 1964 to introduce new requirements for candidates seeking a second class or first class certificate. Specifically, Section 1 adds new definitions for "certificate of efficiency as lifeboatman" and "certificate of proficiency in first aid" (1). Section 2 requires candidates to provide their certificate of proficiency in first aid when applying for examination (2). Section 3 allows candidates for a second class or first class certificate who do not already hold a certificate of efficiency as lifeboatman to sit for an examination for this certificate, subject to approval from an examiner appointed under the Navigation (Examination of Masters and Mates) Regulations (3). If successful, the candidate will be issued a certificate of efficiency as lifeboatman (3(2)). Additionally, Section 4 states that the prescribed qualifications for the holder of a second class certificate or a first class certificate now include holding both a certificate of efficiency as lifeboatman and a certificate of proficiency in first aid, with the first aid examination having been passed no earlier than three years before the candidate passes the examination under these Regulations for the certificate of competency (4). The obligations imposed by these Regulations on the parties or entities they govern are primarily related to the examination and certification process for candidates seeking a second class or first class certificate. Candidates must now provide their certificate of proficiency in first aid when applying for examination and may be required to sit for an examination for a certificate of efficiency as lifeboatman if they do not already hold one (2, 3). Furthermore, to be eligible for a second class or first class certificate, candidates must hold both a certificate of efficiency as lifeboatman and a certificate of proficiency in first aid, with the first aid examination having been passed within the last three years (4). These Regulations also provide for the issuance of a certified copy of a lost or destroyed certificate of efficiency as lifeboatman (3(3)). The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given the nature of the Navigation Act 1912-1968 and related legislation, it is reasonable to assume that non-compliance with these Regulations could potentially result in penalties under the primary Act or other relevant maritime safety and certification laws. Such penalties may include fines, imprisonment, or other sanctions as determined by the relevant authorities. It is essential for candidates and other affected parties to adhere to the requirements set out in these Regulations to ensure compliance with the law and to maintain the safety and integrity of the maritime industry.