STATUTORY RULES.
1926. No. 17.
REGULATIONS UNDER THE NAVIGATION ACT 1912–1925.
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 1912–1925, to come into operation on and from the first day of January, 1926.
Dated this twenty-eighth day of January, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Amendment of Navigation (Examination of Masters and Mates) Regulations (Statutory Rules 1924, No. 205).
1. Regulation 7 of the Navigation (Examination of Masters and Mates) Regulations is amended—
(a) by omitting sub-regulation (1) thereof and inserting in its stead the following sub-regulation:—
“(1) A candidate for examination for any certificate specified in Schedule I. (whether a certificate of competency or otherwise) shall pay to the superintendent the examination fee for that certificate set out in that schedule.”;
(b) by omitting from paragraph 4 thereof the word and figures “regulation 33 (15)” and inserting in their stead the words “these Regulations”.
2. The Navigation (Examination of Masters and Mates) Regulations are amended by inserting after regulation 31 the following regulation:—
“31a. (1) Candidates for Certificates as 2nd Mate of foreign-going vessels who cannot produce an approved Certificate of Efficiency as Life-boatman, as required by regulation 38 (c), must undergo a practical Life-boat examination conducted by an officer of the Navigation Service.
(2) Application for the Life-boat examination should be made in the proper form, obtainable at all Mercantile Marine Offices, and lodged with the Superintendent together with the candidate’s Form of Application for examination for a Certificate of Competency as Second Mate.
C.1078.—Price 3d.
(3) The fee paid for examination for a Certificate of Competency as 2nd Mate will cover the examination for a Certificate of Efficiency as Life-boatman, but if the candidate fails to pass for the latter certificate, the fee, less a deduction of 10s., shall be returned to him. Failure to pass will not entail any penalty in the form of further sea service.
(4) The examination for a Certificate of Efficiency as Life-boatman shall also, on application being made in the proper form and payment of the fee prescribed for Examination for a Life-boatman’s Certificate in Schedule I of these Regulations, be open to the following persons, viz., deck officers; engineers, surgeons, and pursers who have served at sea for at least six months; apprentices and deck ratings who have served at sea for at least one year, and who are not less than eighteen years of age; and stewards and firemen who have served at sea for at least two years and who are not less than twenty years of age. The fee shall be payable on each occasion that a candidate is examined.”
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” the words and figures—
“Certificate of Efficiency as Life-boatman..........................£0 10 0.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
Statutory Rules 1926 No. 17, titled "Regulations under the Navigation Act 1912–1925," was enacted to amend existing regulations concerning the examination of masters and mates within the maritime industry. This legislative instrument was introduced to address gaps in the regulatory framework surrounding maritime certification and to ensure that candidates for maritime positions, such as Second Mates of foreign-going vessels, meet specific competency requirements. The Regulations were made under the authority of the Navigation Act 1912–1925 by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on January 1, 1926. The overarching policy objective of these Regulations is to enhance maritime safety by standardising the examination process and ensuring that candidates possess the necessary life-boating skills and certifications.
Scope and Application
The Statutory Rules 1926, No. 17, made under the Navigation Act 1912–1925, focus on the amendment of the Navigation (Examination of Masters and Mates) Regulations. These regulations apply to candidates seeking various certificates of competency and efficiency, including those for masters, mates, and life-boatmen, within the maritime industry. The amendments are designed to streamline the examination processes and fees associated with obtaining these certificates, with a particular emphasis on life-boatman certificates for second mates of foreign-going vessels. The regulations extend to the entire Commonwealth of Australia and are enforced by the Superintendent, who collects examination fees as specified in the amended Schedule I. Notably, the new regulations introduce changes to the examination fee structure and conditions for obtaining a Certificate of Efficiency as a Life-boatman, including the requirement for a practical examination for second mates and the eligibility criteria for other maritime personnel.
Key Provisions
The primary operative sections of these Regulations amend the Navigation (Examination of Masters and Mates) Regulations by modifying the examination fee structure for candidates seeking various certificates, and by introducing a new regulation concerning the examination for a Certificate of Efficiency as Life-boatman. Regulation 7(1) now specifies that candidates for any certificate must pay an examination fee set out in Schedule I. Regulation 31a introduces a new requirement for candidates for a Certificate as 2nd Mate of foreign-going vessels who cannot present an approved Certificate of Efficiency as Life-boatman to undergo a practical Life-boat examination conducted by an officer of the Navigation Service. The examination is also open to other categories of persons under certain conditions, and the fee for this examination is set out in Schedule I.
The Regulations impose several obligations on the parties involved. Candidates for certificates must pay the specified examination fee. Those seeking a Certificate as 2nd Mate and unable to present an approved Certificate of Efficiency as Life-boatman must undergo a practical Life-boat examination. Furthermore, the examination for a Certificate of Efficiency as Life-boatman is open to certain categories of persons, subject to their meeting specific service and age requirements. Candidates must apply in the proper form and pay the prescribed fee.
Failure to comply with the requirements of these Regulations may result in civil or administrative consequences. For instance, candidates for a Certificate as 2nd Mate who do not pass the Life-boat examination will have 10 shillings deducted from their examination fee, but no further sea service is required as a penalty. There is no explicit mention of criminal penalties in these Regulations, but failure to comply with maritime safety and certification requirements can lead to broader legal and safety repercussions under the Navigation Act 1912–1925 and associated legislation.