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

Legislation au C1976L00123 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 123

REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1973.

Dated this eleventh day of June, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER NIXON

Minister of State for Transport.

_______

Amendments of the Navigation (Examination of Masters and Mates) Regulations

Interpretation.

1. Regulation 5 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from sub-regulation (1) the definition of “ the Principal Examiner ” and substituting the following definition:—

“ ‘ the Principal Examiner ’ means the person appointed by the Minister to be the Principal Examiner of Masters and Mates, being a person for the time being holding or performing the duties of an office of Marine Education Officer, Grade 2, in the Department of Transport; ”.

Application for examination.

2. Regulation 45 of the Navigation (Examination of Masters and Mates) Regulations is amended by omitting paragraph (1) of sub-regulation (2) and substituting the following paragraphs:—

“(1) any certificate of efficiency as lifeboatman;

(1a) any certificate of satisfactory completion of a course of training in radar observation in merchant ships; and ”.

3. Regulation 52b of the Navigation (Examination of Masters and Mates) Regulations is repealed and the following regulation substituted:—

Course of (raining in radar observation.

“ 52b. (1) For the purposes of sub-section 18 (1) of the Act, the prescribed qualifications for the holder of a certificate of competency as—

(a) master of a foreign-going ship;

(b) first mate of a foreign-going ship;

 

* Notified in the Australian Government Gazette on 22 June 1976.

† Statutory Rules 1964, No. 34, as amended by Statutory Rules 1967, No. 64; 1968, No. 30; 1969, Nos. 111, 145 and 211; and 1972, No. 30.


(c) second mate of a foreign-going ship;

(d) master of a limited coast-trade ship; or

(e) first mate of a limited coast-trade ship,

include the satisfactory completion by the applicant of an approved course of training in radar observation undertaken by the applicant after he has performed 2 years’ qualifying sea service or such less service as is approved by the Principal Examiner.

“ (2) For the purposes of sub-regulation (1), each of the following courses of training is an approved course of training in radar observation:—

(a) a course of training in radar observation in merchant ships that is conducted by a school approved by the Minister for the purposes of this regulation;

(b) a course of training in radar observation in merchant ships that is of a standard not lower than the standard of a course referred to in paragraph (a).”.

Third Schedule.

4. The Third Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting from the first column of Part I the words “ Lighthouse tender belonging to the Department of Shipping and Transport ” and substituting the words “ Ship operated by the Department of Transport for servicing aids to marine navigation ”; and

(b) by omitting from the first column of Part II the words “ Lighthouse tender belonging to the Department of Shipping and Transport ” and substituting the words “ Ship operated by the Department of Transport for servicing aids to marine navigation ”.

Fifth Schedule.

5. The Fifth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended by omitting from paragraph (a) of item (1) of Part A of the Written Section of the Syllabus specified in that Schedule the words “ notices in the ‘ M ’ series issued by the Ministry of Transport, or by the Board of Trade, of the United Kingdom ” and substituting the words “ Merchant Shipping Notices in the ‘ M ’ series issued on behalf of the government of the United Kingdom ”.

Twelfth Schedule.

6. The Twelfth Schedule to the Navigation (Examination of Masters and Mates) Regulations is amended—

(a) by omitting from Form 2 the words “ Shipping and ”;

(b) by omitting from Form 3 the words “ Shipping and ” (wherever occurring); and

(c) by omitting from Form 4 the words “ Shipping and ” (wherever occurring).

Overview

Statutory Rules 1976 No. 123, the Regulations under the Navigation Act 1912-1973, were enacted by the Governor-General of the Commonwealth of Australia, John R. Kerr, acting with the advice of the Federal Executive Council. The regulations aim to amend the existing Navigation (Examination of Masters and Mates) Regulations to address the need for updated qualifications and procedures in the maritime industry, particularly in response to advancements in technology such as radar observation. The policy objective is to ensure that maritime professionals are adequately trained and qualified, thereby enhancing safety and efficiency in navigation. The changes include modifications to the qualifications required for various maritime positions, updates to the interpretation of certain terms, and adjustments to the courses of training in radar observation. These amendments reflect an effort to modernise and streamline the regulatory framework governing maritime examinations and certifications.

Scope and Application

The Statutory Rules 1976 No. 123, made under the Navigation Act 1912-1973, modify the Navigation (Examination of Masters and Mates) Regulations. These regulations primarily concern the examination and certification of marine personnel such as ship masters and mates, focusing on the qualifications and training requirements necessary for their competency certificates. The application of these regulations extends to individuals who seek certification as masters, mates, or other relevant positions on foreign-going and limited coast-trade ships. The regulations impact the maritime industry by setting forth specific training standards, particularly emphasising the completion of an approved course in radar observation as a prerequisite for competency. The amendments reflect an updated approach to maritime education and certification, ensuring that marine personnel are adequately trained to meet current navigational standards. The changes also streamline administrative terminology, aligning it with the current naming conventions of government departments, and update references to align with international maritime practices.

Key Provisions

The Statutory Rules 1976 No. 123 under the Navigation Act 1912-1973, made by the Governor-General and the Minister of State for Transport, amend the Navigation (Examination of Masters and Mates) Regulations. The regulations primarily focus on updating definitions, requirements for examination applications, and course qualifications related to radar observation training. Firstly, Regulation 5 redefines “the Principal Examiner” to specify that this role is held by a Marine Education Officer, Grade 2, in the Department of Transport (Section 1). Secondly, Regulation 45 revises the list of required certificates for examination applications, adding a certificate of satisfactory completion of a course of training in radar observation in merchant ships (Section 2). Regulation 52b introduces new prescribed qualifications for various maritime positions, requiring satisfactory completion of an approved course of training in radar observation after a specified period of sea service (Section 3). The Third Schedule updates references to Department of Shipping and Transport to reflect the current Department of Transport (Section 4). The Fifth Schedule modifies references to UK maritime notices to align with current UK government practices (Section 5). Lastly, the Twelfth Schedule removes outdated references to “Shipping” from specific forms (Section 6). These amendments impose certain obligations on maritime professionals seeking certification or examination under the Navigation Act. Aspirants for positions such as master or mate of a foreign-going or limited coast-trade ship must now complete an approved radar observation training course, in addition to other specified qualifications. The Principal Examiner’s role is clarified, ensuring that only qualified Marine Education Officers, Grade 2, within the Department of Transport can conduct examinations. The changes in the Third and Fifth Schedules ensure that references to maritime authorities and notices are current and accurate. Violations of these regulations may result in penalties under the Navigation Act. While the specific penalties are not detailed in the Statutory Rules, general provisions of the Navigation Act may impose fines or other penalties for non-compliance with maritime regulations. Failure to meet the newly prescribed training requirements could result in disqualification from examinations or loss of competency certificates, thereby affecting an individual’s ability to legally operate or command a vessel.

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