Navigation (Examination of Masters and Mates) Regulations 1924 (Amendment)

Overview

The Regulations under the Navigation Act 1912-1926, enacted in 1929, were introduced to refine and update the existing framework governing the examination and certification of maritime personnel, specifically masters and mates. These regulations were established by the Commonwealth Parliament to address the need for more precise and flexible examination procedures for maritime professionals. The overarching policy objective was to ensure that maritime personnel possess the necessary skills and knowledge, particularly in signalling, to safely navigate vessels, thereby enhancing maritime safety and operational efficiency. The legislative instrument details amendments to existing regulations concerning the examination of masters and mates, including adjustments to examination timelines, signalling examination protocols, and the introduction of new fees for various certificates and examinations. These amendments aimed to streamline the certification process, provide clearer guidelines for candidates, and ensure that maritime safety standards are consistently met. The changes also introduced new forms and schedules to better organise and manage the examination process, ensuring that candidates could efficiently prepare for and complete their examinations.

Scope and Application

The Regulations under the Navigation Act 1912-1926, as detailed in Statutory Rules 1929, No. 100, apply to individuals and entities involved in maritime activities within Australian waters, particularly those seeking certification as maritime masters or mates. The regulations govern the examination process, including the timing, application procedures, and fees associated with obtaining certificates of competency. This encompasses various maritime personnel and vessels, and is applicable across the Commonwealth of Australia. Notably, the regulations do not specify exclusions or exemptions, suggesting a broad application to all eligible candidates unless otherwise detailed in subordinate instruments. The amendments extend the application of the regulations to include new procedures for signalling examinations and the use of specific forms for applications, thereby enhancing the administrative framework for maritime certification.

Key Provisions

The primary operative sections of these Regulations (1929) under the Navigation Act 1912-1926, amend the Navigation (Examination of Masters and Mates) Regulations. Firstly, regulation 6 is amended to include a waiting period of at least fourteen clear days for applications for an Extra Master's certificate examination (Regulation 6(2)). Secondly, regulation 16 is revised to specify that candidates must pass all prescribed subjects to obtain a Certificate of Competency (Regulation 16). A new regulation, 30a, is added to establish the rules for the signalling examination, allowing candidates to take the signalling part of the exam within six months before or after their navigation and seamanship exam (Regulation 30a(1)). It also outlines provisions for re-examination in signalling (Regulation 30a(2)) and the conditions under which candidates can be examined in signalling without additional fees (Regulation 30a(3)). Furthermore, it details the fee structure for signalling examinations and the handling of refunds and fee deductions (Regulation 30a(4)–(6)). Sectional Pass Forms are introduced to exempt candidates from re-examination in passed subjects for six months (Regulation 30a(7)–(9)). Other amendments include changes to forms and fees, such as substituting Form M & M-C for Form M & M-B in regulations 133 and 134 (Regulations 133 and 134), and updating the fee schedule in Schedule I (Schedule I). Additionally, the examination schedule in Appendix A is revised, setting specific dates for examinations in Fremantle and extending the application period for Extra Masters (Appendix A). These Regulations impose several obligations on candidates for Certificates of Competency under the Navigation Act 1912-1926. Candidates must adhere to the specified application periods, with a minimum of four clear days for general applications and fourteen clear days for Extra Master applications (Regulation 6(2) and Appendix A). They must also pass all prescribed subjects to obtain their Certificate of Competency (Regulation 16). For signalling examinations, candidates must apply using Form M & M-C and pay the relevant fee as outlined in Schedule I (Regulation 30a(4) and Schedule I). Furthermore, candidates who defer their signalling exam after starting the written portion of the navigation exam must do so within six months of their initial registration, with limited exceptions (Regulation 30a(5)–(6)). Candidates who fail the signalling exam but pass all other subjects can re-sit the signalling exam within six months (Regulation 30a(2)). Failure to comply with these Regulations may result in civil consequences for candidates. For example, candidates who do not meet the application deadlines or examination conditions may be ineligible to take the required exams or receive their Certificates of Competency. Additionally, candidates who fail the signalling examination but pass other subjects must adhere to the re-examination schedule, and failure to do so within the specified timeframe may prevent them from obtaining their Certificate of Competency. While the Regulations do not explicitly detail criminal or civil penalties for non-compliance, any breaches of the Navigation Act 1912-1926 could lead to enforcement actions by relevant authorities.