Navigation (Marine Council) Regulations 1919

Legislation au C1919L00294 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1919. No. 294.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912–1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Navigation Act 1912–1919, to come into operation forthwith.

Dated this twenty-third day of December, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Trade and Customs.

 

Navigation (Marine Council) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Marine Council) Regulations 1919.

Definitions.

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

“Director of Navigation” means the Director of Navigation for the Commonwealth;

“Minister” means the Minister of State for Trade and Customs;

“The Act” means the Navigation Act 1912–1919.

Constitution of Marine Council. (Sec. 424.)

3. (1) The Marine Council shall consist of the Director of Navigation and of six other persons appoined by the Minister as respectively representative of the following interests, namely:—

(a) Ship-owners—Australian-registered foreign-going shipping;

(b) Ship-owners—Australian-registered shipping other than foreign-going;

(c) Underwriters;

(d) Certificated navigating officers;

(e) Certificated engineer officers; and

(f) Seamen.

(2) The Director may appoint an officer of the Commonwealth Navigation Service to be his deputy, and in that capacity to represent the Director at meetings of the Council, at which he is absent, and to exercise the functions of the Director at such meetings.

(3) The Director of Navigation shall be ex officio chairman of the Council, and in his absence from any meeting of the Council his deputy shall act as chairman.

(4) In the absence of both the Director of Navigation and his deputy from any meeting of the Council, the members present shall elect one of their number to act as chairman at that meeting.


Term of office.

4. Subject to the right of the Minister to terminate at any time the appointment of a member, the persons first appointed to be members of the Marine Council shall hold office until and including the 31st December, 1920.

Meetings of Marine Council.

5. Meetings of the Marine Council shall be called by the Director of Navigation, and shall be held at such time and place as are specified in the notice of meeting sent to the members.

Quorum.

6. Four members of the Marine Council shall constitute a quorum.

Majority to decide.

7. (1) All questions at any meeting of the Marine Council shall be decided by a majority of the votes of the members present.

(2) The Chairman (other than an acting chairman elected in pursuance of sub-regulation (4) of regulation 3) shall have a casting but not a deliberative vote.

(3) An acting chairman, elected in pursuance of sub-regulation (4) of regulation 3, shall have a deliberative vote, and, in case of an equal division of votes, a casting vote also.

Committees of Advice. (Sec. 424 (3).)

8. (1) The Minister may, by writing under his hand, appoint persons (including representatives of the interests principally affected) to constitute Committees of Advice.

(2) The Minister may refer to a Committee of Advice any question relating to the making or amendment of regulations under the Act or to the administration or amendment of the Act, and the Committee shall consider the question, and report to the Minister the result of its deliberations thereon.

Provided that if any question so referred relates to scales of officers, crews or provisions, or to any proposal to specify the crews to be carried by particular ships, the reports of the Committee of Advice thereon shall be forwarded to the Minister through the Director of Navigation, who, on the receipt thereof and before transmitting them to the Minister, shall submit them to the Marine Council for consideration and comment.

Fees and allowances to members of Marine Council and Committee of Advice.

9. Members of the Marine Council appointed by the Minister as representative of interests affected, and members of Committees of Advice similarly appointed, shall be paid fees and travelling allowances as follows:—

Fees.—Per day, when sitting—One guinea.

Allowances.—To members resident in a State other than that in which the Marine Council or Committee of Advice meets—First class rail fare from the capital city in State of residence to place of sitting, and return, together with travelling allowance at the rate of One guinea per day, such allowance to be inclusive of all incidentals when travelling, such as meals, cab fares, &c.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Navigation (Marine Council) Regulations 1919 were enacted to provide detailed operational procedures and governance for the Marine Council under the Navigation Act 1912–1919. This legislation was introduced by the Australian Commonwealth Parliament to ensure effective regulation of maritime activities and safety. The objective of the regulations was to establish the Marine Council's composition, functions, and procedures, thereby facilitating better maritime governance and addressing any gaps in maritime safety and regulatory oversight. The regulations specify the constitution of the Marine Council, including its members representing various maritime interests, and outline the processes for meetings, decision-making, and the appointment of advisory committees. The enactment of these regulations was a strategic move to formalise the administrative framework for maritime safety and navigation, ensuring that maritime activities were overseen by a council with diverse maritime expertise.

Scope and Application

The Navigation (Marine Council) Regulations 1919 apply to the establishment and operation of the Marine Council, as constituted under the Navigation Act 1912–1919. The Council comprises the Director of Navigation and six members appointed by the Minister, each representing distinct maritime interests such as ship-owners, underwriters, and seafaring personnel. The regulations detail the Council's composition, meeting procedures, and decision-making processes, including the role of the Director as the ex officio chairman and the requirement for a quorum of four members to conduct business. Additionally, the regulations outline the terms of office, remuneration, and allowances for Council members and those on Committees of Advice, which are appointed by the Minister to provide expert advice on maritime regulation and administration. These regulations operate within the Commonwealth of Australia, as indicated by their promulgation under the authority of the Governor-General and the Minister of State for Trade and Customs, and they set the foundational governance structure for maritime matters as delineated in the principal Act.

Key Provisions

The Navigation (Marine Council) Regulations 1919 outline the establishment and operation of the Marine Council under the Navigation Act 1912–1919. The Council, as specified in regulation 3, comprises the Director of Navigation, who serves as the ex officio chairman, and six additional members appointed by the Minister to represent various maritime interests including ship-owners of Australian-registered foreign-going and other shipping, underwriters, certificated navigating officers, certificated engineer officers, and seamen. The Director is authorised to appoint a deputy who can represent him at Council meetings and exercise his functions in his absence. If both the Director and his deputy are absent, the Council members present can elect one of their number to chair the meeting. These Regulations impose specific obligations on the members of the Marine Council and the Committees of Advice. The Council must convene meetings as directed by the Director of Navigation, with a quorum of four members required for decision-making as stipulated in regulation 6. All decisions are to be made by a majority vote, with the Chairman having a casting but not a deliberative vote, except in the case of an acting chairman who has both a deliberative and a casting vote in the event of a tie, as per regulation 7. The Minister has the authority to appoint members to Committees of Advice, which are tasked with considering and reporting on matters related to the Act, including any questions about the administration or amendment of the Act or the making or amendment of regulations, as outlined in regulation 8. Breaches of the provisions set forth in these Regulations can lead to various legal consequences. While the specific offences and penalties are not detailed within these Regulations, it can be inferred that failure to comply with the operational procedures of the Marine Council, such as not attending meetings or not voting appropriately, might result in disciplinary actions under the overarching Navigation Act 1912–1919. However, the exact nature of these penalties is not explicitly stated in the Regulations themselves.

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Area of Law
Maritime Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Committees of Advice
Fees and Allowances

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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.