STATUTORY RULES.
1955. No. 62.
REGULATION UNDER THE NAVIGATION ACT 1912-1953.*
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 1912-1953.
Dated this thirteenth day of September, 1955.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendment of the Navigation (Health) Regulations.†
Regulation 2 of the Navigation (Health) Regulations is repealed and the following regulation inserted in its stead:—
Fees for medical examinations.
“2.—(1.) The fees payable to the Superintendent by an applicant for the examination of a seaman or an apprentice by a Medical Inspector of Seamen are—
(a) where the examination is made at a time when the Mercantile Marine Office is open for general business—Seven shillings and six pence;
(b) where the examination is made at a time when the Mercantile Marine Office is not open for general business—One pound ten shillings; and
(c) subject to the next succeeding sub-regulation, for each mile or part of a mile necessarily travelled by a Medical Inspector of Seamen for the purpose of making the examination and returning to his surgery after making the examination—Two shillings and six pence.
“(2.) The fee prescribed by paragraph (c) of the last preceding sub-regulation is not payable in respect of an examination made by a Medical Inspector of Seamen who is an officer or employee of the Public Service of the Commonwealth.
“(3.) For the purposes of sub-regulation (1.) of this regulation, ‘the Mercantile Marine Office’ means—
(a) in relation to an examination made at a port at which a Mercantile Marine Office is established—that Mercantile Marine Office; and
(b) in relation to an examination made at a port at which a Mercantile Marine Office is not established—the office of the Collector at that port.”.
* Notified in the Commonwealth Gazette on , 1955.
† Statutory Rules 1935, No. 13, as amended by Statutory Rules 1935, No. 76; 1936, No. 42; and 1953, No. 29.
Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.
1610/55.—Price 3d. 9/13.4.1955.
Overview
Statutory Rules 1955 No. 62, made under the Navigation Act 1912-1953, represents a legislative effort by the Commonwealth of Australia to amend the Navigation (Health) Regulations, specifically updating the fees associated with medical examinations for seamen and apprentices conducted by Medical Inspectors of Seamen. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, the regulation aims to ensure that the fees for these examinations are appropriately structured to reflect the circumstances under which the examinations are conducted, including the hours of operation of the Mercantile Marine Office and the travel expenses incurred by the Medical Inspectors. This regulation addresses the need for a clear and updated fee structure to facilitate the health assessments required for maritime personnel, thereby ensuring the safety and health of those working in the maritime industry.
Scope and Application
The Statutory Rules of 1955, No. 62, issued under the Navigation Act 1912-1953, specifically amend the Navigation (Health) Regulations, thereby establishing new fees for medical examinations of seamen and apprentices conducted by Medical Inspectors of Seamen. This regulation applies to all applicants seeking these examinations, including both seamen and apprentices, and the fees vary depending on the timing of the examination and the travel distance required by the Medical Inspector. The fees are set at seven shillings and six pence when the Mercantile Marine Office is open for general business, and one pound ten shillings when it is not. Additionally, there is a charge of two shillings and six pence for each mile or part of a mile travelled by the Medical Inspector to conduct the examination and return to their surgery, except for Public Service officers or employees of the Commonwealth. The regulation applies across all ports in Australia, whether or not a Mercantile Marine Office is established, with fees payable to the Superintendent. The regulation does not specify any exclusions, exemptions, or thresholds but does clarify that fees are not payable for Commonwealth Public Service officers or employees conducting the examinations.
Key Provisions
The key provision of this regulation, under section 2, pertains to the fees for medical examinations of seamen and apprentices by Medical Inspectors of Seamen. Specifically, sub-section (1) stipulates that the fees payable to the Superintendent vary depending on the time of examination and whether the Mercantile Marine Office is open for general business, with a higher fee charged when the office is closed. Sub-section (2) clarifies that the additional mileage fee does not apply to Medical Inspectors who are officers or employees of the Commonwealth Public Service. Furthermore, sub-section (3) defines the term "Mercantile Marine Office" for the purposes of this regulation, distinguishing between ports where a Mercantile Marine Office is established and those where it is not.
The obligations imposed by this regulation primarily concern applicants for medical examinations and the Superintendent, who must collect the appropriate fees. Applicants must ensure that they pay the correct fee based on the time of examination and the availability of the Mercantile Marine Office. If the examination requires a Medical Inspector to travel more than a mile from their surgery, an additional mileage fee is payable unless the Medical Inspector is a Commonwealth Public Service employee. The Superintendent, on the other hand, must enforce the fee structure as outlined in the regulation and ensure that the correct fees are collected and remitted.
For breaches of the fee requirements outlined in this regulation, there are no specific offences or penalties mentioned in the text. However, non-compliance with the fee structure could potentially lead to civil or administrative consequences, such as disputes over the amount owed or enforcement actions taken to recover unpaid fees. It is important to note that while specific penalties are not detailed, adherence to the regulation is crucial to avoid any potential legal or financial repercussions.