Navigation (Health) Regulations (Amendment)

Overview

The Statutory Rules 1967 No. 63 were enacted under the authority of the Navigation Act 1912-1966 to address the need for updated medical requirements and fees for vessels navigating Australian waters. These regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and were aimed at ensuring that vessels comply with health standards to prevent the spread of diseases at sea. The amendments updated the prescribed fees for medical examinations, revised the provisions regarding medicines and medical supplies on ships, and introduced penalties for non-compliance. This legislative instrument underscores the policy objective of maintaining maritime health standards to safeguard public health and ensure the safety of crew and passengers on Australian vessels.

Scope and Application

The Statutory Rules 1967 No. 63, made under the Navigation Act 1912-1966, primarily concern amendments to the Navigation (Health) Regulations, affecting the prescribed fees for medical examinations on ships and the stipulations for carrying medicines, medical and surgical stores, and anti-scorbutics on certain vessels. These regulations apply to ships governed by section 270 of the Navigation Act 1912-1966, which typically include ships that fall outside the scope of sub-section 1 of section 125 of the Act. This legislation operates on a national level, applying across the Commonwealth of Australia, and is enforced to ensure maritime health standards are met, thereby protecting the health of crew members and passengers on ships. There are no stated exclusions or exemptions within the scope of these regulations, and they extend to all relevant ships within the Commonwealth's jurisdiction, with potential enforcement through subordinate instruments as necessary.

Key Provisions

The statutory rules outlined in C1967L00063 focus on amendments to the Navigation (Health) Regulations under the Navigation Act 1912-1966. Firstly, these regulations adjust the prescribed fees for medical examinations for crew members on ships. Regulation 4 now requires a payment of One dollar instead of Ten shillings for an initial medical examination, Three dollars instead of One pound ten shillings for a subsequent examination, and Twenty-five cents instead of Two shillings and sixpence for a routine examination (reg. 1). Secondly, the regulations modify the requirements for medicines and medical supplies on ships. Regulation 7 now stipulates that a ship to which the regulation applies must be provided with the necessary medicines and medical supplies, expanding the scope of the regulation to include ships to which section 270 of the Act applies but excluding those covered by subsection (1) of section 125 (reg. 2). Additionally, a new regulation, 7aa, mandates that the master of a ship covered by section 270 of the Act cannot take the ship to sea unless it is adequately supplied with medicines, medical and surgical stores, anti-scorbutics, and other required items (reg. 3). These regulations impose obligations on ship owners, masters, and agents to ensure that their ships meet the health requirements set out in the amended regulations. Specifically, they must ensure that medical examinations are conducted at the specified fees and that the ships carry the required medicines and medical supplies before sailing. Failure to comply with these provisions could result in legal consequences for the ship owner or master. Under regulation 7aa, if a ship sails without the required medical provisions, the master or owner could be liable for a penalty of Two hundred dollars (reg. 3). However, there is a defence available if the failure to comply was not due to any act or default on the part of the person charged (reg. 4). The penalties for non-compliance with these regulations are clearly stated in the rules. Specifically, the regulations impose a financial penalty of Two hundred dollars for any violation of the requirement to have the necessary medicines and medical supplies on board before a ship sails (reg. 3). This penalty applies to both the master of the ship and the owner or agent who permits the ship to sail without the required provisions. It is important to note that there is a defence available if the failure to comply was not due to any act or default on the part of the person charged, which could potentially mitigate or eliminate the penalty in certain circumstances (reg. 4).