Navigation (Marine Council and Committees of Advice) Regulations

Legislation au C1954L00013 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1954. No. .

REGULATIONS 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 Regulations under the Navigation. Act 1912-1953.

Dated this nineteenth

day of February , 1954.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

Navigation (Marine Council and Committees of Advice) Regulations.

Citation.

1. These Regulations may be cited as the Navigation (Marine Council and Committees of Advice) Regulations.

Repeal and saving.

2.—(1.) The Navigation (Marine Council) Regulations 1919 (comprising Statutory Rules 1919, No. 294 ; Statutory Rules 1921, No. 208 ; Statutory Rules 1922, No. 39 ; Statutory Rules 1945, No. 62 ; and Statutory Rules 1952, No. 59) are repealed.

(2.) An appointment made under the Regulations repealed by these Regulations and in force or subsisting immediately before the commencement of these Regulations shall continue in force as if made under these Regulations, and these Regulations shall apply in relation to that appointment accordingly.

(3.) The repeal effected by sub-regulation (1.) of this regulation does not affect proceedings of the Marine Council or of a Committee of Advice pending at the date of commencement of these Regulations.

Definitions.

3. In these Regulations—

“ Committee of Advice ” means a Committee appointed by the Minister under sub-section (3.) of section 424 of the Act ;

“ the Act ” means the Navigation Act 1912-1953 ;

“ the Marine Council ” or “ the Council ” means the Marine Council appointed by the Minister under sub-section (1.) of section 424 of the Act.

* Notified in the Commonwealth Gazette on , 1954.

5050— Price 3d. 9/21.12.1953.

Constitution of Marine Council.

4.—(1.) The Marine Council shall consist of the Director and of six other persons appointed to represent the interests specified in subsection (1.) of section 424 of the Act.

(2.) A member of the Council, other than the Director, shall hold office during the pleasure of the Minister.

Chairman and deputy of Chairman.

5.—(1.) The Director shall be Chairman of the Marine Council.

(2.) For the purposes of these Regulations, the Director may appoint an officer of the Commonwealth Navigation Service to be his deputy.

Meetings of Marine Council.

6.—(1.) Meetings of the Marine Council shall be convened by the Director, or, in his absence, by the person appointed as his deputy under the last preceding regulation, by notice in writing to each member specifying the time and place of the meeting.

(2.) At a meeting of the Council, a quorum is constituted by the Chairman, or, in his absence, the person appointed as his deputy under the last preceding regulation, and one half of the other members of the Council.

(3.) Any question to be decided at a meeting of the Marine Council shall be decided by a majority of the votes of the members present.

(4.) The Chairman of the Council shall preside at all meetings of the Council at which he is present and shall have a casting, but not a deliberative, vote.

(5.) In the absence of the Chairman from a meeting, the person appointed as his deputy under the last preceding regulation may attend and preside at the meeting and, in relation to the meeting, exercise all the powers and functions of the Chairman.

Meetings of Committee of Advice.

7.—(1.) At a meeting of a Committee of Advice, a quorum is constituted by the Chairman and one half of the other members of the Committee.

(2.) Any question to be decided at a meeting of a Committee of Advice shall be decided by a majority of the votes of the members present.

(3.) The Chairman of a Committee shall preside at all meetings of the Committee and shall have a casting, but not a deliberative, vote.

Deputies of members.

8.—(1.) The Minister may appoint a person to be the deputy of a member, other than the Chairman, of the Marine Council to represent the same interests as that member.

(2.) The Minister may appoint a person to be the deputy of a member of a Committee of Advice.

(3.) A person appointed as the deputy of a member of the Marine Council or of a Committee of Advice is, in the absence from a meeting of the Council or the Committee, as the case may be, of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Council or of the Committee, as the case may be.

(4.) An act done by a deputy as such shall not, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers had not arisen or had ceased.

Reports of Committees of Advice.

9. Where a question referred to a Committee of Advice relates to scales of officers, crews or provisions, or to a proposal to specify the crews to be carried by particular ships, the report of the Committee of Advice shall be forwarded to the Minister through the Director who shall, before transmitting the report to the Minister, submit it to the Marine Council for consideration and comment.

Fees, travelling allowance and fares.

10.—(1.) The Chairman of a Committee of Advice is entitled to receive a fee of Four pounds four shillings for each day or part of a day on which he attends a meeting of the Committee.

(2.) A member, or the deputy of a member, of the Marine Council, or a member (other than the Chairman) or the deputy of a member, of a Committee of Advice, is entitled to receive a fee of Two pounds two shillings for each day or part of a day on which he attends a meeting of the Council or of the Committee, as the case may be.

(3.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice, in order to attend a meeting of the Council or of the Committee, as the case may be, is necessarily absent overnight from his place of residence, he is entitled to receive travelling allowance at the rate of Two pounds ten shillings per day during the time he is necessarily absent from his place of residence.

(4.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice attends a meeting of the Council or of the Committee, as the case may be, held in a city or town other than that in which he resides—

(a) he is entitled, for the purpose of attending the meeting, to travel first-class by rail or air, at the cost of the Commonwealth, from the city or town where he resides to the city or town where the meeting is held and, on the completion of the meeting, from the city or town where the meeting was held to the city or town where he resides ; or

(b) if he does not travel by rail or air, he is entitled to receive the amount of the first-class rail or air fare, whichever is the less.

(5.) Where a member, or the deputy of a member, of the Marine Council or of a Committee of Advice attends a meeting of the Council or of the Committee, as the case may be, held in a city or town other than that in which he resides but is not absent overnight from his place of residence, he is entitled to receive for each meal purchased by him during the period he is necessarily absent from his place of residence an allowance in accordance with the following table :—

Meal.	Allowance
Breakfast ...................	Five shillings.
Mid-day meal.................	Seven shillings and sixpence
Evening meal..................	Twelve shillings and sixpence

(6.) In this regulation, “ Chairman ” and “ member ” do not include a person who is an officer of the Public Service of the Commonwealth or of an authority of the Commonwealth.

By Authority : L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Navigation (Marine Council and Committees of Advice) Regulations, enacted in 1954, were made under the authority of the Navigation Act 1912-1953 to streamline and modernise the regulatory framework governing marine safety and navigational practices in Australia. These regulations aimed to address gaps and outdated provisions in the previous Navigation (Marine Council) Regulations 1919, which were repealed to make way for these more contemporary regulations. The enacting body was the Federal Executive Council, acting on the advice of the Governor-General. The primary policy objective was to ensure efficient and effective administration of maritime matters by establishing a well-defined structure for the Marine Council and Committees of Advice, facilitating informed decision-making and advisory processes that enhance maritime safety and regulatory compliance.

Scope and Application

The Navigation (Marine Council and Committees of Advice) Regulations, made under the Navigation Act 1912-1953, govern the establishment, functions, and operation of the Marine Council and its advisory committees within the Commonwealth of Australia. These Regulations apply to the Marine Council and Committees of Advice appointed by the Minister of State for Shipping and Transport, ensuring that they adhere to specific procedural and operational guidelines. The Regulations detail the composition of the Marine Council, which includes the Director and six other members appointed to represent specified interests, and establish the rules for the appointment of deputies to council members, including their voting rights and entitlements to fees and allowances for their services. Notably, the Regulations also provide for the payment of fees, travelling allowances, and fares to members and their deputies when attending meetings, ensuring that they are adequately compensated for their time and expenses incurred in the performance of their duties. The scope of these Regulations is limited to the administrative and operational aspects of the Marine Council and its committees, without extending to the substantive regulatory or enforcement functions of the Navigation Act itself.

Key Provisions

The main operative sections of the Navigation (Marine Council and Committees of Advice) Regulations concern the establishment and functioning of the Marine Council and Committees of Advice, as well as the remuneration of their members. According to section 4, the Marine Council consists of the Director and six other members appointed to represent specified interests. The Director is designated as the Chairman of the Council (section 5). Meetings of the Marine Council and Committees of Advice are governed by sections 6 and 7, respectively. These sections detail the quorum requirements and the manner in which decisions are made at meetings. Section 8 allows for the appointment of deputies for members of the Marine Council and Committees of Advice, who can exercise the powers and functions of their respective members in their absence. The Regulations impose several obligations on the parties and entities they govern. For example, section 6 mandates that meetings of the Marine Council be convened by the Director or his deputy and specifies that a quorum is constituted by the Chairman or his deputy and one half of the other members. Section 7 similarly outlines the quorum and voting requirements for meetings of Committees of Advice. The Regulations also require the Director to submit reports from Committees of Advice relating to certain matters to the Marine Council for consideration before forwarding them to the Minister (section 9). Sections 10 through 12 address the remuneration of members of the Marine Council and Committees of Advice. These sections entitle members and their deputies to fees for attending meetings, travelling allowances, and allowances for meals when attending meetings outside their place of residence. The fees and allowances are specified in detail, with the Chairman of a Committee of Advice entitled to a fee of Four pounds four shillings per day, and other members or their deputies entitled to Two pounds two shillings per day, among other provisions. There are no specific offences, penalties, or civil or criminal consequences outlined in these Regulations for breach of the provisions. The primary focus is on establishing the structure, functioning, and remuneration of the Marine Council and Committees of Advice, ensuring that these bodies operate effectively within the framework of the Navigation Act 1912-1953. The Regulations ensure compliance with these provisions through administrative oversight and the enforcement mechanisms available under the overarching Act.

Area of Law: Maritime Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Meetings of Council; Deputies of members; Fees, travelling allowance and fares

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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.

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