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

Overview

The Statutory Rules 1972 No. 30, which are regulations under the Navigation Act 1912-1970, were enacted to amend the Navigation (Examination of Masters and Mates) Regulations, thereby addressing certain qualifications and requirements for obtaining certificates of competency for maritime personnel. These regulations were made by the Governor-General, Paul Hasluck, in accordance with the advice of the Federal Executive Council, reflecting the policy objective to standardise and update the necessary sea service qualifications for maritime officers. This legislative instrument specifically modifies the qualifying sea service periods for candidates seeking competency certificates for masters and mates of river and bay ships, and it also introduces a new duration for the Radar Observer course, ensuring that maritime training and certification processes remain aligned with current industry standards and safety requirements.

Scope and Application

The Navigation (Examination of Masters and Mates) Regulations 1972, made under the Navigation Act 1912-1970, apply to individuals seeking to obtain certificates of competency as masters and mates of ships within Australia's navigable waters. These regulations primarily concern the qualifying sea service required for candidates aspiring to attain certificates for various sub-grades, including those limited to the River Murray and its tributaries. The regulations specify that a candidate must have served a minimum of three years of qualifying sea service for certain sub-grades, while others require a minimum of four years, with specific conditions for service in the River Murray and its tributaries. The regulations also establish equivalencies for holders of certain certificates, deeming them qualified for other specified sub-grades. These provisions are designed to ensure that individuals operating ships within Australia's waters possess the necessary experience and skills, thereby enhancing maritime safety and competency. The regulations are applicable across the Commonwealth of Australia and are subject to modifications through subordinate instruments.

Key Provisions

The Statutory Rules 1972 No. 30, under the Navigation Act 1912-1970, primarily revise the qualifying sea service requirements for candidates seeking certificates of competency as masters and mates of ships, particularly for river and bay operations (Reg. 35 and Reg. 38). For candidates aiming for a certificate of competency as a mate of a river and bay ship, they must have served at least three years of qualifying sea service, or alternatively, hold a certificate from the Principal Examiner confirming that their sea service is adequate for the sub-grade (Reg. 35(1) and (2)). For a master of a river and bay ship, candidates need a minimum of four years of qualifying sea service, including at least one year in the specific river and bay limits, or possess a Principal Examiner’s certificate affirming the adequacy of their sea service (Reg. 38(1) and (2)). Additionally, the Regulations deem holders of certain certificates to also hold the relevant sub-grade certificates for the River Murray and its tributaries (Reg. 52(3) and (4)). These Regulations impose specific obligations on candidates applying for certificates of competency, requiring them to meet the stipulated qualifying sea service periods or obtain the necessary certification from the Principal Examiner (Reg. 35(2) and Reg. 38(2)(b)). They also mandate that the duration of the Radar Observer course be set at two weeks, replacing the previous requirement of half the course period with a maximum of one week (Third Schedule). Compliance with these regulations is essential for candidates to be eligible for the respective certificates of competency and to operate ships within the specified limits. Failure to comply with the qualifying sea service requirements or the mandated course duration could result in candidates not meeting the eligibility criteria for the certificates of competency. While the Regulations do not explicitly state penalties for non-compliance, breaches could potentially lead to disqualification from obtaining the necessary certificates, thereby impacting a candidate's ability to legally operate ships in the designated areas.