Statutory Rules
1977 No. 227
REGULATIONS UNDER THE NAVIGATION ACT 1912.*
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.
Dated this eighteenth day of November, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
Amendments of the Navigation (Health) Regulations†
Prescribed fees for medical examinations.
1. Regulation 4 of the Navigation (Health) Regulations is amended—
(a) by omitting from paragraph (c) of sub-regulation (1) the word “ mile ” (wherever occurring) and substituting the word “ kilometre ”; and
(b) by omitting from paragraph (c) of sub-regulation (1) the figures “ 40 ” and substituting the figures “ 25 ”.
Schedule 6.
2. Schedule 6 to the Navigation (Health) Regulations is amended—
(a) by omitting from clause 4 the word and figures “ or 76° F ”; and
(b) by omitting from clause 4 the words and figures “ ranges 2° C to 8°C or 36° F to 46° F ” and substituting the words and figures “ range 2° C to 8° C ”.
Schedule 7.
3. Schedule 7 to the Navigation (Health) Regulations is amended—
(a) by omitting from paragraph 4 of clause III the figures and words “ 140° Fahrenheit (±2 degrees) ” and substituting the figures and words “ 60° Celsius (± 1 degree) ”;
(b) by omitting from clause IV the word “ weight ” (wherever occurring) and substituting the word “ mass ”; and
(c) by omitting from clause V the word “ weight ” and substituting the word “ mass ”.
* Notified in the Commonwealth of Australia Gazette on 24 November 1977.
† Statutory Rules 1962, No. 72 as amended by Statutory Rules 1965, No. 106; 1967, No. 63; 1974, No. 215; and 1976, No. 279.
Overview
Statutory Rules 1977 No. 227, Regulations under the Navigation Act 1912, was enacted in 1977 to amend the Navigation (Health) Regulations, addressing specific issues related to medical examinations and prescribed fees for individuals in the maritime industry. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with the intent to modernise the regulations concerning health standards for seafarers. The amendments include adjustments to prescribed distances for medical examinations, temperature ranges, and the substitution of imperial units with metric units to align with international standards and ensure consistency within the industry. These changes were intended to enhance the accuracy and uniformity of health assessments for those involved in maritime navigation.
Scope and Application
The Statutory Rules 1977 No. 227, which are regulations made under the Navigation Act 1912, amend the Navigation (Health) Regulations to update various technical specifications and measurement standards for medical examinations of individuals involved in maritime activities. These regulations apply to any person required to undergo a medical examination under the provisions of the Navigation Act 1912, which includes crew members and other personnel on ships, as well as relevant maritime entities and industries. The regulations have a national reach as they are made under Commonwealth legislation and are applicable across all states and territories of Australia. There are no specific exclusions or exemptions mentioned in these regulations; however, they do extend to various aspects of maritime health assessments through subordinate instruments which may further detail the application and implementation of these standards.
Key Provisions
The Statutory Rules 1977 No. 227, made under the Navigation Act 1912, primarily concern amendments to the Navigation (Health) Regulations. Regulation 4 (sub-regulation (1) paragraph (c)) now measures distances in kilometres rather than miles, reducing the distance requirement from 40 miles to 25 kilometres for certain medical examinations (1). Additionally, Schedule 6 removes outdated temperature references, such as 76°F, and adjusts the temperature ranges for medical examinations (2). Schedule 7 updates the terminology from imperial to metric units, changing temperature references from 140°F to 60°C and substituting 'mass' for 'weight' to align with modern scientific standards (3).
These regulations impose specific obligations on parties involved in the maritime industry, particularly those requiring medical examinations for seafarer certificates. The amendments ensure that the distance requirements, temperature ranges, and unit of measurements are consistent with international standards and current practices. The updated terminology and measurements facilitate compliance with global health and safety regulations, ensuring uniformity and clarity in medical examinations for seafarers.
Failure to comply with the amended regulations could result in several consequences. The Navigation Act 1912 provides for both civil and criminal penalties for non-compliance. For instance, individuals or entities that fail to adhere to the new requirements may face fines or other administrative penalties. In more serious cases, non-compliance might lead to criminal charges, resulting in heavier penalties. The exact penalties are not specified within the statutory rules but would typically be determined by the relevant maritime authorities in accordance with the Navigation Act 1912. The penalties can include fines, imprisonment, or both, depending on the severity and intent behind the non-compliance.