STATUTORY RULES.
1941. No. 143.
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REGULATION UNDER THE NAVIGATION ACT 1912-1935.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1935.
Dated this twenty-fifth day of June, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. L. ANTHONY
for Minister of State for Commerce.
Amendment of the Navigation (Examination of Masters and Mates) Regulations.†
After regulation 18 of the Navigation (Examination of Masters and Mates) Regulations the following regulation is inserted:—
Recognition of examinations held in the United Kingdom.
“18a. An examination of candidates for any grade of a foreign-going certificate conducted by the Ministry of Shipping of the United Kingdom shall be deemed to be a prescribed examination for a certificate of the corresponding grade under these Regulations and, subject to sub-regulation (2.) of the last preceding regulation, a candidate who passes in any section of any such examination shall be deemed to have passed in that section of the examination for a certificate of that grade under these Regulations.”.
* Notified in the Commonwealth Gazette on 26th June, 1941.
† Statutory Rules 1931. No. 20, as amended by Statutory Rules 1932, No. 14; 1933, No. 123; 1934, No. 151; 1935, No. 62; 1938, No. 9 and 1938, No. 39.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1941, No. 143, made under the Navigation Act 1912-1935, was introduced to address the need for aligning Australian maritime certification standards with those of the United Kingdom, especially during the period of heightened international maritime activities due to global conflicts. The regulation was enacted by the Governor-General in Council, acting on the advice of the Minister of State for Commerce. This legislative instrument aims to streamline the certification process for maritime personnel by recognising examinations conducted by the Ministry of Shipping in the United Kingdom as equivalent to those under Australian regulations. The overarching policy objective is to ensure that Australian maritime standards are internationally recognised and that the certification process is efficient and consistent, thereby supporting the safe and effective operation of vessels in international waters.
Scope and Application
The Statutory Rules of 1941, No. 143, under the Navigation Act 1912-1935, specifically amend the Navigation (Examination of Masters and Mates) Regulations to include the recognition of examinations held in the United Kingdom by the Ministry of Shipping. This regulation applies to individuals who seek certification for operating foreign-going vessels, ensuring that those who pass the UK examinations are recognised under Australian regulations. The amendment is intended to streamline the certification process for marine personnel, facilitating the mutual recognition of qualifications between the two countries. The scope of this regulation is limited to the examination and certification processes for maritime personnel, and its application extends across the Commonwealth of Australia, affecting all entities and individuals involved in the maritime industry. This regulation does not specify any exclusions or exemptions and is expected to be enforced uniformly as per the broader provisions of the Navigation Act 1912-1935. The application of this regulation may be further detailed or extended through subsequent subordinate instruments, ensuring its alignment with evolving maritime standards and practices.
Key Provisions
The main operative sections of this legislation pertain to the recognition of examinations conducted by the Ministry of Shipping of the United Kingdom for candidates seeking foreign-going certificates (Regulation 18a). This regulation specifies that such examinations will be deemed as prescribed examinations under the Navigation (Examination of Masters and Mates) Regulations, and candidates who pass any section of these UK examinations will be considered to have passed the corresponding section of the examination for a certificate under these Regulations, subject to certain conditions (Regulation 18a(2)).
The obligations and requirements imposed by this Act include ensuring that the examinations conducted by the UK Ministry of Shipping meet the standards set out in the Navigation (Examination of Masters and Mates) Regulations. Candidates who pass these UK examinations must meet the same criteria and standards as those who pass the Australian examinations, thereby ensuring a consistent level of competency across different jurisdictions. This regulation aims to facilitate the mutual recognition of maritime qualifications between Australia and the United Kingdom, easing the process for qualified personnel to work on foreign-going vessels.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breaches. However, as these Regulations are made under the Navigation Act 1912-1935, any breaches of the regulations could potentially lead to enforcement actions under that primary Act, which may include fines or other penalties as prescribed by the law. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions within the Navigation Act 1912-1935 that apply to the specific circumstances of the non-compliance.