Navigation (Manning) Regulations (Amendment)

Legislation au C2004L05619 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules 1981 No. 3951

——————

Navigation (Manning) Regulations2 (Amendment)

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 21 December 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

–––––––––––

Commencement

1. These Regulations shall come into operation on 2 January 1982.

2. Regulation 2 of the Navigation (Manning) Regulations is repealed and the following regulation substituted:

Interpretation

"2. In these Regulations, unless the contrary intention appears—

'Chairman' means the Chairman of a manning committee;

'eligible organization' means an organization registered under the Conciliation and Arbitration Act 1904, being an organization of which a member of the crew of the relevant ship is eligible to be a member;

'manning committee' means a committee of advice appointed under section 424 of the Act for the purposes of furnishing a report for the purposes of sub-section 14 (2) of the Act;


'proposed order' has the same meaning as in sub-section 14 (2) of the Act;

'relevant ship' means the ship, or a ship included in the class of ships, the manning of which is being considered by a manning committee;

'the Act' means the Navigation Act 1912;

'the Department' means the Department of State administered by the Minister of State for the time being administering the Act;

'the Secretary' means the person for the time being performing the duties of the office of Secretary to the Department.".

3. The Navigation (Manning) Regulations are amended by adding at the end thereof the following regulations:

Constitution

"4. A manning committee shall consist of not less than 3 members, one of whom shall be appointed Chairman.

Deputies

"5. (1) Where a member of a manning committee is unable to attend a meeting of the committee he may appoint a person to act as his deputy for the purposes of the meeting.

"(2) A person appointed as a deputy of a member for the purposes of a meeting is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the committee.

Quorum

"6. At a meeting of a manning committee, 3 members—

(a) one of whom is the Chairman;

(b) where the membership of the committee includes a representative of the owner or owners of the relevant ship—that member; and

(c) where the membership of the committee includes a representative of an eligible organization, or representatives of eligible organizations—that member or one of those members, as the case requires,

constitute a quorum.

Voting

"7. (1) At a meeting of a manning committee—

(a) a question shall be decided on a majority of votes of the members present and voting;

'(b) where the membership of the committee includes—

(i) a representative of the owner of the relevant ship; and

(ii) a representative of an eligible organization, or representatives of eligible organizations,


the member referred to in sub-paragraph (i) has the number of votes equal to the total number of members referred to in sub-paragraph (ii) present and voting;

(c) the Chairman does not have a deliberative vote; and

(d) in the event of an equality of voting, the Chairman has a casting vote.

"(2) A resolution in writing of a manning committee, signed by all the members of the committee, is as valid and effectual as if it had been passed at a meeting of the committee duly convened and held.

"(3) A resolution referred to in sub-regulation (2) may consist of several documents in like form, each signed by one or more members.

"(4) Where a resolution of a manning committee with respect to a proposed order is not unanimous, the report of the committee on the proposed order shall include the view or views of the members who voted against the resolution.

Plan of ship to be furnished

"8. (1) Where a contract is entered into (whether by the acceptance of a tender or otherwise) —

(a) for the construction, alteration or reconstruction of a ship that is intended to be registered in Australia or engaged in the coasting trade; or

(b) for the alteration or reconstruction of a ship that is registered in Australia or is engaged in the coasting trade,

the person to whose order the ship is being constructed, altered or reconstructed shall, not more than 7 days after the date on which the contract was entered into, furnish to the Secretary 8 copies of a plan of the ship, or of the ship as proposed to be altered or reconstructed, as the case may be, on a scale not smaller than 1 in 100, showing such details as are necessary to enable the Minister to make an order under section 14 of the Act.

Penalty: $100.

"(2) Where a ship is to be imported into Australia and —

(a) is to be registered in Australia; or

(b) is to be engaged in the coasting trade,

the owner, charterer or agent of the ship shall, before the arrival of the ship at its first port of entry in Australia, furnish to the Secretary 8 copies of a plan of the ship, on a scale not smaller than 1 in 100, showing such details as are necessary to enable the Minister to make an order under section 14 of the Act.

"(3) Sub-regulation (2) does not apply to or in relation to a ship to which sub-regulation (1) applies.

"(4) Where a plan of a ship is not furnished as required by sub-regulation (2), the owner, charterer and agent of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding $100.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1981.

2. Statutory Rules 1981 No. 394.

Overview

The Navigation (Manning) Regulations 1981, made under the Navigation Act 1912, were enacted to address issues surrounding the manning of ships in Australia. This legislation was introduced to ensure that the manning of ships complies with safety and operational standards, and it was designed to facilitate better communication and decision-making processes regarding manning requirements. Enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, these regulations aim to provide a structured approach to the formation and operation of manning committees, ensuring that these committees have the appropriate representation and decision-making powers to make effective recommendations on manning matters. The policy objective is to improve the safety and efficiency of maritime operations by ensuring that manning practices meet prescribed standards and that there is a clear framework for resolving disputes related to manning.

Scope and Application

The Navigation (Manning) Regulations 1981, which are amendments to the Navigation (Manning) Regulations, apply to all ships under construction, alteration, or reconstruction for registration in Australia or the coasting trade, as well as ships intended for importation into Australia for these purposes. The Regulations are designed to ensure the proper manning of ships by establishing committees to advise on manning requirements. These committees, referred to as manning committees, must include at least three members, one of whom is appointed as the Chairman. The Regulations detail the procedures for manning committee meetings, including the appointment of deputies, quorum requirements, voting processes, and the validity of written resolutions. Additionally, the Regulations mandate that plans of ships under construction, alteration, or reconstruction or intended for importation into Australia must be furnished to the Secretary of the Department of State within seven days of entering into a contract or before the ship's arrival at its first Australian port of entry, as applicable. Failure to comply with these plan submission requirements results in an offence punishable by a fine of up to $100. These Regulations extend the application of the Navigation Act 1912 through subordinate legislation and are applicable nationally within the Commonwealth of Australia.

Key Provisions

The Navigation (Manning) Regulations 2 (Amendment) introduce several key provisions that modify existing regulations under the Navigation Act 1912. Regulation 2 redefines several terms used throughout the regulations, ensuring clarity and consistency in their interpretation. Regulation 4 stipulates that a manning committee must consist of at least three members, with one designated as the Chairman. Regulation 5 allows a committee member who is unable to attend a meeting to appoint a deputy to represent them, who then gains the same rights as a committee member during that meeting. Regulation 6 outlines the quorum requirement for a meeting, which includes the Chairman, the ship owner's representative if present, and a representative from an eligible organization if present. Regulation 7 details the voting process, emphasizing that decisions are made by a majority vote of the members present and voting, with specific rules for counting votes when both an owner's representative and eligible organization representatives are present. The obligations imposed by these regulations are primarily on the manning committees, requiring them to adhere to specific rules regarding membership, deputies, quorum, and voting. Additionally, the regulations impose duties on the person constructing, altering, or reconstructing a ship or on the owner, charterer, or agent of a ship to be imported into Australia. They must furnish detailed plans of the ship to the Secretary within the specified timeframes, either after entering into a contract for construction or alteration, or before the ship’s arrival in Australia if it is to be imported. Failure to comply with these requirements results in an offence, with potential penalties for non-compliance. The regulations establish clear penalties for non-compliance with the requirement to furnish ship plans. Specifically, under Regulation 8, if a plan of a ship is not provided as mandated, each of the owner, charterer, and agent of the ship commits an offence. Upon conviction, each of these parties is subject to a fine not exceeding $100. This penalty applies to both the failure to provide plans for ships under construction or alteration as well as for ships intended to be imported into Australia. The regulations do not specify additional civil or criminal consequences beyond these fines, focusing primarily on financial penalties to ensure compliance.

Legal classification tags

Area of Law
Maritime Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.