Navigation (Master and Seamen) Regulations 1924 (Amendment)

Overview

The Statutory Rules of 1959, No. 70, enacted under the Navigation Act 1912-1958, addresses the need to update and refine the administrative procedures related to the wages of seamen and apprentices left ashore. This legislative instrument was created by the Commonwealth of Australia through the authority of the Governor-General, acting on the advice of the Federal Executive Council, and was signed by the Minister of State for Shipping and Transport. The primary objective of these regulations is to standardise the documentation process for accounting the wages of seamen and apprentices, ensuring clarity and accuracy in wage records, which is crucial for both maritime workers and employers. These regulations specifically focus on the amendment of Regulation 19 of the Navigation (Master and Seamen) Regulations, replacing the existing form with a new prescribed form detailed in the schedule to these regulations.

Scope and Application

The Statutory Rules of 1959, No. 70, under the Navigation Act 1912-1958, specifically address the amendments to the Navigation (Master and Seamen) Regulations. These regulations apply to all ships registered in Australia, their masters, and seamen, ensuring compliance with maritime labour standards. The amendments focus on the prescribed form, Form M. & S.—13, which must be used for accounting the wages of seamen or apprentices left on shore. This regulation aims to standardise the documentation process for wage accounting, ensuring transparency and accountability in maritime employment practices. The regulations have a national reach, applying across all Australian jurisdictions, as they are enacted under Commonwealth legislation. There are no explicit exclusions mentioned in these regulations, but they are likely subject to the broader provisions of the Navigation Act 1912-1958, which governs maritime navigation and safety within Australian waters.

Key Provisions

The key operative sections of this statutory instrument involve amendments to the Navigation (Master and Seamen) Regulations under the Navigation Act 1912-1958. Regulation 19, which concerns the account of wages of seamen left on shore, is repealed and replaced by a new regulation (Reg. 19). This new regulation specifies that Form M. & S.—13, outlined in the Schedule, is the prescribed form for recording the wages of seamen or apprentices left on shore (s. 148c). The Schedule itself is amended to include the new Form M. & S.—13, which provides a detailed account of wages, including personal information of the seaman, the nature of the voyage, the terms of the employment agreement, and a breakdown of the wages earned along with any deductions. The obligations and requirements imposed by these regulations on the parties involved include the necessity for masters to provide a full and accurate account of the wages due to seamen or apprentices left on shore. This account must include specific details such as the seaman’s full name, year of birth, nationality, home address, capacity in which they were engaged, the amount of monthly wages, and the dates relevant to their employment and discharge. Additionally, the form must be signed by the master, declaring that the account is a true and complete record of the wages owed. Failure to comply with these requirements can lead to various legal consequences. Although the specific offences, penalties, or consequences for breach are not explicitly detailed within the text provided, it is common under Australian law for non-compliance with statutory regulations to result in penalties. Typically, these could range from fines to more severe sanctions depending on the nature and severity of the breach. The exact penalties would be determined under the relevant sections of the Navigation Act 1912-1958 and any other applicable laws, which may include administrative penalties or legal actions to enforce compliance.