Navigation (Marine Council) Regulations (Amendment)

Overview

The Statutory Rules 1952 No. 59, made under the Navigation Act 1912-1950, were introduced to amend the Navigation (Marine Council) Regulations 1919. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were intended to update the fees and allowances for members of the Marine Council and its committees, ensuring that they remain fair and reflective of the current economic climate. The objective of these amendments was to provide adequate compensation for the time and travel required of these officials to carry out their duties effectively, without specifying detailed provisions in this legislative instrument.

Scope and Application

The Regulations under the Navigation Act 1912-1950, specifically amending the Navigation (Marine Council) Regulations 1919, govern the fees, allowances, and fares for members of the Marine Council and Committees of Advice. These regulations apply to individuals who serve as members or chair such committees within the scope of the Navigation Act. The regulations are applicable across the Commonwealth of Australia, indicating their national reach. They provide specific entitlements such as fees for attending meetings, allowances for overnight absences, and provisions for travel expenses when attending meetings in locations other than their place of residence. Notably, the regulations exclude officers of the Public Service of the Commonwealth from the definition of 'member' or 'chairman' for the purposes of these entitlements. These regulations came into effect on the first day of January, 1952, and their application can be further extended or modified through subordinate instruments as deemed necessary under the Navigation Act.

Key Provisions

The primary operative sections of these Regulations, made under the Navigation Act 1912-1950, amend the Navigation (Marine Council) Regulations 1919 (Regulation 9). This amendment establishes the fees, travelling allowances, and fares for members of the Marine Council and Committees of Advice. Specifically, Regulation 9(1) states that the chairman of a Committee of Advice is entitled to a fee of Four pounds four shillings for each day or part of a day they attend a meeting. Regulation 9(2) stipulates that a member, or the deputy of a member, of the Marine Council or a member, other than the chairman, of a Committee of Advice is entitled to a fee of Two pounds two shillings for each day or part of a day they attend a meeting. Furthermore, Regulation 9(3) allows for a travelling allowance of Two pounds ten shillings per day for members who must stay overnight away from their residence to attend a meeting. Regulation 9(4) permits members to travel first-class by rail or air at the Commonwealth's expense if the meeting is held in a different city or town, or to receive the cost of the first-class rail or air fare if they choose not to travel by these means. It is important to note that these provisions do not apply to members who are officers of the Public Service of the Commonwealth (Regulation 9(5)). These Regulations impose specific financial obligations on the Commonwealth to compensate members of the Marine Council and Committees of Advice for their attendance at meetings. The obligations include paying the stipulated fees for each day or part of a day a member attends a meeting and providing necessary travel allowances or fares if members must travel to attend meetings held in different cities or towns. The Regulations ensure that the members' financial burdens are mitigated by the Commonwealth for their service and participation in maritime-related councils and committees. Additionally, these provisions aim to ensure that the Marine Council and Committees of Advice can function effectively by compensating members for their time and travel expenses. The Regulations do not explicitly outline any offences, penalties, or consequences for breach. However, non-compliance with these provisions could potentially lead to legal repercussions under the broader framework of the Navigation Act 1912-1950. The Act itself may include provisions for penalties in case of non-compliance with its regulations, although such specific penalties are not detailed within these Regulations. Therefore, while these Regulations focus on the financial aspects of compensation for council and committee members, adherence to them is crucial to avoid any potential legal consequences that may arise from non-compliance with the overarching Act.