STATUTORY RULES
1968 No. 30
REGULATIONS UNDER THE NAVIGATION ACT 1912-1967.*
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 1912-1967.
Dated this twentieth day of March, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
(Sgd.) Ian Sinclair
Minister of State for Shipping and Transport.
Amendments of the Navigation (Examination of Masters and Mates) Regulations†
1. After regulation 44 of the Navigation (Examination of Masters and Mates) Regulations the following regulation is inserted:—
Eligibility for examination.
“44a. For the purposes of paragraph (a) of section 17 of the Act, every sub-grade specified in column 2 of the First Schedule to these Regulations after the sub-grade ‘first mate of a foreign-going steamship’ is a prescribed sub-grade.”.
Application for examination.
2. Regulation 45 of the Navigation (Examination of Masters and Mates) Regulations is amended—
(a) by omitting from sub-regulation (2.) the words “An application” and inserting in their stead the words “Subject to the next succeeding sub-regulation, an application”; and
(b) by inserting after sub-regulation (2.) the following sub-regulation:—
“(2a.) An application to sit for an examination for a certificate of competency of a sub-grade that is, by virtue of the last preceding regulation, a prescribed sub-grade for the purposes of paragraph (a) of section 17 of the Act is not required to be accompanied by the documentary evidence referred to in paragraph (b) of the last preceding sub-regulation.”.
* Notified in the Commonwealth Gazette on 1968.
† Statutory Rules 1964, No. 34, as amended by Statutory Rules 1967, No. 64.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
3083/67—Price 5c
Overview
The Statutory Rules 1968 No. 30, Regulations Under the Navigation Act 1912-1967, was enacted in 1968 by the Governor-General, acting on advice from the Federal Executive Council. These regulations were introduced to amend the Navigation (Examination of Masters and Mates) Regulations, specifically addressing eligibility criteria and application procedures for maritime competency examinations. The primary objective was to streamline the certification process for maritime officers, ensuring that certain sub-grades now meet the prescribed standards for examination, while also modifying the documentation requirements for applications, thereby facilitating a more efficient and accessible examination process.
These regulations aim to enhance maritime safety and operational efficiency by updating the examination requirements and application processes for maritime officers. The policy objective is to ensure that maritime officers meet the necessary competency standards, thereby contributing to safer and more reliable maritime operations. This legislative instrument was designed to bridge the gap between evolving maritime standards and the certification processes in place at the time, ensuring that Australia's maritime industry remains compliant with international safety and operational standards.
Scope and Application
These Regulations made under the Navigation Act 1912-1967 primarily pertain to the eligibility and application processes for examinations for the issuance of certificates of competency to masters and mates in the maritime industry. They apply to individuals who are seeking to be examined for specific sub-grades, as outlined in the First Schedule of these Regulations. Notably, the Regulations specifically target those individuals seeking examination for sub-grades listed after the sub-grade ‘first mate of a foreign-going steamship’, which are now considered prescribed sub-grades. The amendments to the application process exempt applicants for these newly prescribed sub-grades from the requirement of submitting certain documentary evidence. These Regulations operate on a national level across Australia, as they are established under a Commonwealth Act. The scope and application of these Regulations are further extended or restricted through subordinate instruments as necessary.
Key Provisions
The main operative sections of these Regulations, under the Navigation Act 1912-1967, introduce a new regulation 44a (1) and amend regulation 45 (2) of the Navigation (Examination of Masters and Mates) Regulations. Regulation 44a specifies additional sub-grades that are now prescribed for the purposes of section 17(a) of the Act, as listed in the First Schedule. Regulation 45(2) is amended to state that applications for examination for these new sub-grades do not need to be accompanied by the documentary evidence previously required for other sub-grades, as outlined in regulation 45(2a).
The Regulations impose specific obligations on individuals seeking certification for certain sub-grades of maritime competency. For the new sub-grades specified in regulation 44a, applicants must meet the eligibility criteria as set out in the First Schedule. Furthermore, under the amendment in regulation 45(2a), applicants for examinations related to these new sub-grades are exempt from providing the documentary evidence that was previously mandatory for other sub-grades, as detailed in regulation 45(2). These changes streamline the application process for the newly prescribed sub-grades.
Breach of the provisions outlined in these Regulations may result in legal consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly stated in the Regulations themselves, any failure to comply with the requirements for examination eligibility and application procedures could potentially lead to actions under the broader Navigation Act 1912-1967. The penalties for non-compliance with the Navigation Act can include fines and imprisonment, depending on the severity of the breach. It is important for applicants and maritime professionals to adhere to these Regulations to avoid any legal repercussions.