STATUTORY RULES.
1923. No.7.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.
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 1912-1920, to come into operation forthwith.
Dated this fifteenth day of January, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
ARTHUR S. RODGERS,
Minister of State for Trade and Customs.
Amendment of Navigation (Master and Seamen) Regulations.
(Statutory Rules 1922, No. 34, as amended by Statutory Rules 1922, Nos. 72, 96, 131, and 184.)
Regulation 29 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation is inserted in its stead :—
Overtime charges.
29. (1) When, for the convenience of the public, work in connexion with the engagement or discharge of seamen is performed on board ship, or any work is performed in a Mercantile Marine Office before or after official hours, the following charges shall be made for the services of the officers employed:—
(a)Work performed before or after official hours, ordinary working days—
(i) Discharge of seamen on board ship, at any one attendance of the officers— |
| | | | | | £ | s. | d. |
Thirty hands or under................... | 0 | 10 | 6 |
Over 30 and not exceeding 60 hands......... | 1 | 1 | 0 |
Over 60 hands....................... | 2 | 2 | 0 |
(ii) Engagement of seamen on board ship, at any one attendance of the officers— |
| | | | | | £ | s. | d. |
Thirty hands or under................... | 0 | 10 | 6 |
Over 30 and not exceeding 60 hands ......... | 1 | 1 | 0 |
Over 60 hands........................ | 2 | 2 | 0 |
(iii) Discharge or engagement of seamen in a Mercantile Marine Office, on each occasion on which the officers are so employed in respect of any one ship:—one-half of the above rates. |
C. 12.—Price 3d.
(iv) Clearance of agreements, or similar work of a clerical nature performed in a Mercantile Marine Office—for each officer engaged, per hour or part thereof, 3s.
(b)Work performed on Sundays and holidays—double the rates specified in paragraph (a) above.
(c) Work performed on board ship during official hours, on ordinary working days—double the rates specified in sub-paragraphs (i) and (ii) of paragraph (a) above.
(2) Where the attendance of an officer is required in connexion with the engagement or discharge of seamen on board ship, there shall be charged for each officer engaged, in addition to the charges specified in sub-paragraph (1) of this regulation—
(a) for the time of the officer, in excess of half an hour, actually occupied in travelling to and from the Mercantile Marine Office or his home; and
(b)for all waiting time in excess of half an hour, an amount at the rate of Three shillings per hour or part of an hour.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1923, No. 7, were enacted under the Navigation Act 1912-1920 to address the need for regulating charges for the services of officers involved in the engagement or discharge of seamen, as well as other related work performed outside official hours or on board ships. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council and came into operation immediately upon its enactment. The primary objective of these regulations was to establish a clear and consistent framework for the remuneration of officers involved in maritime activities, ensuring fair compensation for their services. The policy objective was to provide a structured approach to charges for maritime-related services, thereby facilitating smoother operations in the shipping industry and protecting both employers and employees from arbitrary or unfair practices.
Scope and Application
The Regulations under the Navigation Act 1912-1920, specifically amending the Navigation (Master and Seamen) Regulations, apply to all officers employed in the engagement or discharge of seamen, as well as in Mercantile Marine Offices, and cover both maritime and clerical activities associated with these tasks. The regulations set out specific charges for services rendered before or after official hours, on Sundays and holidays, and during official hours on ordinary working days, with additional charges for travel and waiting time. The application of these regulations is geographically and jurisdictionally confined to the Commonwealth of Australia, as they are enacted under the authority of the federal government. No exclusions, exemptions, or thresholds are explicitly stated within the regulations, indicating that the prescribed charges are to be uniformly applied across all relevant maritime and clerical activities as specified. Furthermore, the regulations can be extended or modified through subordinate instruments, allowing for adjustments in the charges and conditions as necessitated by changes in circumstances or interpretations.
Key Provisions
The key provision of the new regulation under the Navigation (Master and Seamen) Regulations is the stipulation of charges for services rendered by officers when work related to the engagement or discharge of seamen is conducted outside of regular hours (Regulation 29(1)). These charges apply to work done on board ship or in a Mercantile Marine Office before or after the official working hours. For ordinary working days, the charges are based on the number of seamen involved, with rates varying from £0 10s 6d for up to thirty seamen to £2 2s for over sixty seamen. When work is performed on Sundays or holidays, the charges are doubled. Additionally, work conducted on board ship during regular working hours on ordinary days incurs charges that are also double the standard rates for work performed outside of regular hours.
The obligations imposed by this regulation are primarily on the Mercantile Marine Offices and the officers who provide these services. These parties must adhere to the specified charge structure when performing work outside of the official working hours, including work on Sundays and holidays. The regulation also mandates additional charges for the time officers spend traveling to and from the Mercantile Marine Office or their home and for any waiting time that exceeds half an hour.
Breaches of this regulation could potentially lead to civil consequences, such as disputes over the validity or amount of charges imposed. While the regulation does not explicitly outline criminal penalties, failure to comply with such statutory provisions could result in legal action being taken against the offending party. The exact penalties would depend on the nature and severity of the breach, but they could include fines or other civil remedies.