STATUTORY RULES.
1935. No. 20.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1934.*
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.
Dated this thirteenth day of March, 1935.
ISAAC A. ISAACS
Governor-General,
By His Excellency’s Command,
EARLE PAGE
Minister of State for Commerce.
Amendment of the Navigation (Manning and Accommodation) Regulations.†
1. Regulation 4 of the Navigation (Manning, and Accommodation) Regulations is amended—
(a) by inserting the following entries in the appropriate columns of the table in sub-regulation (1) immediately below the entry relating to the ship “Oonah”:—
“Taroona/Melbourne/7 **”
(b) by inserting at the end of the table in sub-regulation one the following foot-note:—
“** subject to the conditions that two electricians are also carried as part of the engine-room staff”.
2. Regulation 9 of the Navigation (Manning and Accommodation) Regulations is amended by inserting the following entries in the appropriate columns of the table therein, immediately below the entry relating to the ship “Talune”:—
“Taroona/Melbourne/14/. . /. .”
3. Regulation 10 of the Navigation (Manning and Accommodation) Regulations is amended by inserting in the first column of the table in sub-regulation 2 after the words “Abel Tasman” the words “and James Cook”.
4. Regulation 11 of the Navigation (Manning and Accommodation) Regulations is amended by inserting the following entries in the appropriate columns at the end of the table therein “Taroona/Melbourne/3”.
* Notified in the Commonwealth Gazette on 13th March, 1935.
† Statutory Rules 1926, No. 152, as amended by Statutory Rules 1927, No. 55; 1928, No. 54; 1930, No. 95; 1933, Nos. 32 and 55; and 1934, No .31.
958.—Price 3d
5. Regulation 12 of the Navigation (Manning and Accommodation) Regulations is amended—
(a) by inserting the following entries in the appropriate columns of the table therein, immediately below the entry relating to the ship “Talune”:—
“Taroona/Melbourne/2†/1”.
(b) by inserting at the end of the table therein the following foot-note:—
†”subject to the conditions that one storekeeper is also carried as part of the engine room staff”.
6. Regulation 13 of the Navigation (Manning and Accommodation) Regulations amended by inserting the following entries in the appropriate columns of the table in sub-regulation one immediately below the entry relating to the ship “Iron Warrior”:—
“James Cook/Melbourne/6/. .”
By; Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1935 No. 20, issued under the Navigation Act 1912-1934, serve to amend the Navigation (Manning and Accommodation) Regulations, specifically addressing the manning requirements for certain ships. Enacted by the Governor-General in Council, this legislative instrument aims to update the regulations to reflect changes in the maritime industry and safety standards. The policy objective is to ensure that vessels operating within Australian waters meet the necessary safety and operational standards by specifying the requisite number and roles of crew members, including electricians and storekeepers, as part of the engine-room staff. This amendment responds to the evolving needs of the shipping industry, ensuring compliance with updated safety and operational standards for maritime vessels.
Scope and Application
This statutory instrument pertains to the Navigation Act 1912-1934, providing amendments to the Navigation (Manning and Accommodation) Regulations through Statutory Rules 1935, No. 20. It applies to specific ships, including "Taroona," "James Cook," "Talune," and "Iron Warrior," and concerns their manning requirements and accommodation standards within the context of maritime navigation in Australian waters. The geographic reach of these regulations is national, impacting vessels navigating within the Commonwealth of Australia. The amendments specify additional requirements such as the number of electricians and storekeepers that must be carried as part of the engine-room staff for certain ships. Notably, these regulations do not exclude any particular vessels or personnel from their application, although they do impose specific conditions based on the ship's name and destination. The regulations extend their application through subordinate instruments by detailing precise manning and accommodation standards, thereby ensuring compliance across the maritime industry.
Key Provisions
These regulations amend the Navigation (Manning and Accommodation) Regulations under the Navigation Act 1912-1934. Specifically, Regulation 4 is amended to include new entries for the ship "Taroona," specifying it requires 7 crew members and mandates that two electricians be part of the engine-room staff (sub-regulation 1). Regulation 9 is similarly updated to include new entries for "Taroona," specifying it requires 14 crew members (sub-regulation 2). Regulation 10 is amended to include the ships "Taroona" and "James Cook" (sub-regulation 2), while Regulation 11 adds new entries for "Taroona" with 3 crew members (sub-regulation 3). Regulation 12 is modified to include new entries for "Taroona," specifying it requires 2 additional crew members and mandates one storekeeper as part of the engine-room staff (sub-regulation 4). Lastly, Regulation 13 is amended to include new entries for "James Cook" specifying it requires 6 crew members (sub-regulation 1).
These amendments impose specific manning and accommodation requirements on ships listed within the Navigation (Manning and Accommodation) Regulations. For instance, the ship "Taroona" now requires a minimum of 7 crew members with two electricians in the engine-room staff. Similarly, "James Cook" requires 6 crew members and "Abel Tasman" and "James Cook" both need one additional crew member as specified in Regulation 10. These regulations ensure that ships meet certain crew and accommodation standards to maintain safety and operational efficiency on Australian waters.
Failure to comply with these regulations can result in legal consequences. Under the Navigation Act 1912-1934, non-compliance with the manning and accommodation provisions can lead to penalties, including fines and potential prosecution. The exact penalties are not specified in these regulations but are outlined in the principal Act. Such penalties can vary based on the severity and nature of the breach, potentially resulting in both criminal and civil liabilities for the ship owners or operators found in violation of the regulations.