Statutory Rules
1977 No. 271
REGULATIONS UNDER THE NAVIGATION ACT 1912*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this twentieth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (MASTER AND
SEAMEN) REGULATIONS†
Commencement
1. These Regulations shall come into operation on 1 January 1978.
Permit to sign articles
2. Regulation 6 of the Navigation (Master and Seamen) Regulations is amended by omitting from sub-regulation (2) “ $1 ” and substituting “ $2 ”.
Fees, engagement and discharge
3. Regulation 9 of the Navigation (Master and Seamen) Regulations is amended by omitting from paragraph (a) “ 60 cents ” and substituting “ $1.20 ”.
Objections to fines
4. Regulation 16 of the Navigation (Master and Seamen) Regulations is amended by omitting from paragraph (b) of sub-regulation (1) “ $9 ” and substituting “ $18 ”.
Certificate of service as a seaman
5. Regulation 26 of the Navigation (Master and Seamen) Regulations is amended by omitting $2 ” and substituting “ $4 ”.
* Notified in the Commonwealth of Australia Gazette on 22 December 1977.
† Statutory Rules 1963, No. 102 as amended by Statutory Rules 1964, No. 8; 1965, No, 111; 1967, No. 90; 1968, No. 117; 1974, No. 83; 1975, Nos. 111 and 114; 1976, No. 282; and 1977, No. 228.
Fees
6. Regulation 27 of the Navigation (Master and Seamen) Regulations is amended—
(a) by omitting sub-regulation (2) and substituting the following sub-regulation:
“ (2) Where the work is performed on board ship during ordinary official hours, the charge is in accordance with the following tables:
(a) Engagement of seamen.
Number engaged at any one period of attendance of officials | Fee |
| $ |
Not exceeding 30 ............................................ | 10 |
Exceeding 30 but not exceeding 60 ................................ | 18 |
Exceeding 60 ............................................... | 36 |
(b) Discharge of seamen.
Number discharged at any one period of attendance of officials | Fee |
| $ |
Not exceeding 30 ............................................ | 10 |
Exceeding 30 but not exceeding 60 ................................ | 18 |
Exceeding 60 ............................................... | 36 "; |
(b) by omitting from sub-regulation (4) “ $13 ” and substituting “ $26 ”;
(c) by omitting from sub-regulation (5) “ $1.20 ” and substituting “ $2.40 ”; and
(d) by omitting from sub-regulation (6) “ $2.40 ” and substituting “ $4.80 ”.
Travelling time
7. Regulation 28 of the Navigation (Master and Seamen) Regulations is amended by omitting “ $1.20 ” and substituting “ $2.40 ”.
Waiting time
8. Regulation 29 of the Navigation (Master and Seamen) Regulations is amended by omitting “ $1.20 ” and substituting “ $2.40 ”.
Postponement fee
9. Regulation 30 of the Navigation (Master and Seamen) Regulations is amended by omitting “ $1.20 ” and substituting “ $2.40 ”.
Cancellation fee
10. Regulation 31 of the Navigation (Master and Seamen) Regulations is amended by omitting “ $1.80 ” and substituting “ $3.60 ”.
Overview
Statutory Rules 1977 No. 271, made under the Navigation Act 1912, addresses updates to the fees and charges associated with maritime activities, specifically amending the Navigation (Master and Seamen) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, these Regulations aim to modernise and standardise the fees for various maritime administrative tasks. The policy objective behind these amendments is to ensure that the fees for services rendered by maritime officials are reflective of current economic conditions, thereby maintaining the efficiency and financial viability of the maritime industry. The changes include adjustments to fees for the signing of articles, engagement and discharge of seamen, objections to fines, and certificates of service, among others.
Scope and Application
Statutory Rules 1977 No. 271, made under the Navigation Act 1912, amends the Navigation (Master and Seamen) Regulations, which apply to the engagement, discharge, and certification of seamen on ships in Australian waters. These Regulations set forth the fees for various maritime services, including permits to sign articles, objections to fines, certificates of service, and fees for engagements and discharges. They also establish rates for travelling time, waiting time, postponement, and cancellation fees. These amendments to the Regulations reflect updated economic conditions and ensure that the costs associated with maritime services remain fair and reflective of the current economic environment. The Regulations apply to all persons and entities engaged in maritime activities within Australia's territorial jurisdiction, including ships flying the Australian flag, foreign ships operating in Australian waters, and masters, officers, and crew members of these ships. The amendments to the Regulations do not introduce any new exclusions or exemptions but instead adjust the fees to reflect current economic conditions. The Regulations are subject to further amendment through subordinate instruments to ensure they remain relevant and effective in governing maritime activities.
Key Provisions
These Regulations, effective from 1 January 1978, amend the Navigation (Master and Seamen) Regulations by adjusting various fees associated with maritime activities. The primary changes include updates to the fee for permitting the signing of articles (Regulation 2), fees for engagement and discharge of seamen (Regulation 3), objections to fines (Regulation 4), certificates of service as a seaman (Regulation 5), and other associated charges (Regulations 6-10). For example, the fee for signing articles is increased from $1 to $2 (Regulation 2). Similarly, the fee for engagement and discharge of seamen has been revised, with different rates now applying based on the number of seamen involved (Regulation 6).
The Regulations impose specific financial obligations on maritime employers and seamen, requiring them to pay updated fees for various maritime-related activities. These obligations include paying higher fees for the signing of articles, engagement and discharge of seamen, objections to fines, certificates of service, and other related activities. For instance, employers must now pay $2 for signing articles and $1.20 for engaging or discharging seamen, with different rates applying depending on the number of seamen involved (Regulations 2, 6). These updated fees ensure that maritime activities are properly regulated and funded.
Failure to comply with these Regulations and pay the specified fees may result in legal consequences. While the Regulations do not explicitly state penalties for non-compliance, it can be inferred that penalties may apply under the overarching Navigation Act 1912. Such penalties could potentially include fines or other civil or criminal consequences as prescribed by the Act. It is essential for maritime employers and seamen to adhere to these updated fees to avoid any potential legal repercussions.