STATUTORY RULES.
1930. No. 59.
REGULATIONS UNDER THE NAVIGATION ACT, 1912-1926.
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 1912-1926, to come into operation on the first day of June, 1930.
Dated this seventh day of June, 1930.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
F. M. FORDE
for Minister of State for Trade and Customs.
AMENDMENT OF Navigation (Examination of Masters and Mates) Regulations.
(Statutory Rules 1924, No. 205, as amended to this date.)
1. Regulation 18 of the Navigation (Examination of Masters and Mates) Regulations is repealed and the following regulation inserted in its stead:—
Re-examination.
“18.—(1.) A candidate for any grade of certificate will proceed to the oral examination, irrespective of whether he has passed or failed in his written work.
(2.) Where a candidate passes in the written portion of the examination and fails in the oral, or vice versa, his pass in that portion in which he has satisfied the Examiner shall hold good for a period of six months from the date of the examination, and, provided he has performed any additional sea service considered necessary by the Examiner consequent on failure at the first examination, he may present himself for re-examination at any time within that period. If the candidate does not pass the remainder of the examination within that period it will be necessary for him, in order to obtain a pass, to be re-examined in both the written and the oral portions:
Provided that in exceptional circumstances the Director of Navigation may extend the period up to not more than twelve months from the date of the examination.
(3.) In the case of a second or any subsequent failure in the written or oral portion of the examination, or in both, an interval of not less than two months must elapse from the date of the last failure before a candidate can be re-examined. The interval shall not be required to exceed two months except in those cases where the Examiner considers further sea service necessary, when the time may be increased to not more than six months in all.
2. Regulations 20 and 21 of the Navigation (Examination of Masters and Mates) Regulations are repealed.
3. Schedule I to the Navigation (Examination of Masters and Mates) Regulations is amended by inserting, at the end of the Table headed. “Fees for other Certificates and for Examination in Single Subjects”, the words:—
“Where a candidate for a Certificate of Competency is re-examined in the written or in the oral part of the examination only. . Half usual fee.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 59, made under the Navigation Act 1912-1926, were introduced to amend certain regulations regarding the examination of masters and mates. These regulations were enacted by the Governor-General in accordance with the advice of the Federal Executive Council and came into operation on the first day of June, 1930. The principal objective of these amendments was to revise the rules concerning the re-examination of candidates for certificates, ensuring that candidates who partially pass an examination can be re-examined within a specified period, with certain exceptions allowing for extensions up to twelve months. Furthermore, the regulations established a mandatory interval between successive examinations for candidates who fail in any part of the examination, with provisions for additional sea service to be considered by examiners in certain cases.
Scope and Application
The Regulations under the Navigation Act 1912-1926 apply to individuals seeking a certificate of competency as a master or mate on a vessel navigating Australian waters. These regulations specifically govern the examination process for such certificates, including the conditions under which candidates may be re-examined and the fees associated with these re-examinations. The regulations extend to the entire Commonwealth of Australia, thereby applying uniformly across state and territory boundaries. The Act itself, as well as these regulations, does not explicitly state exclusions or exemptions, implying a broad application across all eligible candidates for maritime certificates. However, the Regulations do allow for certain discretionary adjustments by the Director of Navigation, such as extending the re-examination period up to twelve months or increasing the interval between re-examinations to up to six months if additional sea service is deemed necessary. These subordinate instruments provide flexibility in the application of the regulations, ensuring that they can be adapted to individual circumstances while maintaining the overall standards required for maritime competency.
Key Provisions
The statutory rules, specifically Regulation 18 of the Navigation (Examination of Masters and Mates) Regulations, outline the requirements for candidates seeking a certificate for shipmasters or mates. Regulation 18(1) mandates that every candidate must undergo an oral examination, regardless of whether they have passed or failed their written examination. Regulation 18(2) stipulates that if a candidate passes one part of the examination but fails the other, the pass will remain valid for six months. During this period, the candidate may re-take the failed portion of the examination, provided they have completed any additional sea service deemed necessary by the Examiner. If the candidate fails to pass the re-examination within six months, they must re-sit both the written and oral examinations to obtain a pass. However, the Director of Navigation may extend this period to a maximum of twelve months in exceptional circumstances. Regulation 18(3) requires a waiting period of at least two months between examination attempts, with the possibility of extending this period to six months if the Examiner determines additional sea service is necessary.
The obligations imposed by these regulations on candidates are clear and structured. Candidates must ensure they meet all requirements for both the written and oral examinations, and adhere to the specified timeframes for re-examination. The regulations require candidates to undertake additional sea service if deemed necessary by the Examiner, and to pay half the usual fee for re-examination in either the written or oral portion. Furthermore, candidates must comply with the stipulated intervals between examination attempts and be prepared for potential extensions granted by the Director of Navigation.
Failure to comply with these regulations may result in significant consequences. The regulations do not explicitly state offences, penalties, or civil/criminal consequences for breach. However, the mandatory nature of the re-examination process and the specified intervals suggest that non-compliance could lead to candidates being unable to obtain the necessary certification to practice as shipmasters or mates. This, in turn, could result in professional setbacks and potential financial loss due to the fees associated with re-examination.