Navigation (Master and Seamen) Regulations (Amendment)

Overview

The Statutory Rules 1931 No. 142, titled Regulations under the Navigation Act 1912-1926, was enacted to address the need for amendments to the existing Navigation (Master and Seamen) Regulations. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to ensure compliance with the legislative framework established by the Navigation Act 1912-1926. This specific regulation introduced a new fee structure for certified copies or extracts of documents admissible in evidence, as part of an effort to formalise and streamline the administrative processes within maritime operations. The policy objective of these amendments was to provide a clear and systematic approach to the documentation and certification processes, ensuring they align with the legal requirements set forth by the Act.

Scope and Application

The Regulations under the Navigation Act 1912-1926, specifically the amendment of the Navigation (Master and Seamen) Regulations, apply to the maritime industry within Australian waters, including masters, seamen, ship owners, and other relevant personnel and entities involved in navigation and maritime activities. These regulations are designed to govern the provision of certified copies or extracts of documents admissible in evidence under the Navigation Act, such as logbooks and other official maritime documents, and are applicable to any person or entity holding such documents in their custody. The amendment introduces a fee structure for the supply of these certified documents, thereby regulating and formalising the process of accessing such evidence. The geographic scope of these regulations is inherently national, as they are made under the authority of the Commonwealth of Australia, applying to all maritime activities within its jurisdictional waters. There are no specific exclusions or exemptions stated in the text, but the regulations are tailored to the particular context of maritime operations and evidence requirements. The application of these regulations may be further extended or clarified through additional subordinate instruments as necessary.

Key Provisions

The Regulations under the Navigation Act 1912-1926, specifically the amendment to the Navigation (Master and Seamen) Regulations, introduce a new section 29a (C1931L00142). This section pertains to the provision of certified copies or extracts of certain documents. According to regulation 29a, a Superintendent, who has custody of any document admissible in evidence under the Navigation Act, may furnish a certified copy or an extract from such a document. This service is provided upon written application and the payment of a specified fee. The fee structure is set at two shillings for the first folio of 72 words or a portion thereof, and one shilling for each additional folio of 72 words or portion thereof. These Regulations impose specific obligations on the parties involved, particularly the Superintendents who are custodians of the relevant documents. They are mandated to provide certified copies or extracts of admissible evidence documents upon receiving a written application and payment of the prescribed fee. The fee structure outlined in section 29a ensures that the service is both accessible and economically feasible for those requesting the documents. The Regulations do not explicitly outline specific offences or penalties for non-compliance with the fee structure or the provision of certified copies or extracts. However, under the overarching Navigation Act 1912-1926, there may be provisions for penalties associated with non-compliance with regulations. The maximum penalties for breaches of the Navigation Act can include substantial fines and, in severe cases, imprisonment. It is essential to refer to the principal Act for detailed information on potential penalties for non-compliance with related obligations.