Navigation (Master and Seamen) Regulations (Amendment)

Legislation au C1967L00090 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No.

_______

REGULATIONS UNDER THE NAVIGATION ACT 1912-1966.*

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 1912-1966.

Dated this thirtieth day of June, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) GORDON FREETH

Minister of State for Shipping and Transport.

________

Amendments of the Navigation (Master and Seamen) Regulations. †

Entries in log-book—section 171 (1.).

1. Regulation 23 of the Navigation (Master and Seamen) Regulations is amended by inserting after the word “make” the words “, or cause to be made,”.

2. Regulation 26 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Certificate of service as a seaman.

“26. Upon application to a Superintendent by a person who has served at sea and upon payment of a fee of One dollar, a person authorized by the Minister for the purposes of this regulation shall issue to the person making the application a certificate in accordance with Form 14.”.

3. Regulation 27 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Fees.

“27.—(1.) Where, upon application by the owner or master of a ship, the services of officials are provided for work in connexion with the engagement or discharge of seamen in the circumstances specified in sub-regulation (2.), (3.) or (4.) of this regulation, a fee for their services as prescribed by whichever of those sub-regulations is applicable is payable by the owner or master of the ship.

________________________________________________________________________

* Notified in the Commonwealth Gazette on                      1967.

† Statutory Rules 1963, No. 102, as amended by Statutory Rules 1964, No. 8; and 1965, No. 111.

9640/66—Price 10c 10/7.6.1967


“(2.) Where the work is performed on board ship during ordinary official hours, the charge is in accordance with the following table:—

(a) Engagement of Seamen.

Number engaged at any one period of attendance of officials

Fee

 

$

Not exceeding 30...........................................

3.00

Exceeding 30 but not exceeding 60................................

6.00

Exceeding 60..............................................

12.00

(b) Discharge of Seamen.

Number discharged at any one period of attendance of officials

Fee

 

$

Not exceeding 30...........................................

3.00

Exceeding 30 but not exceeding 60................................

6.00

Exceeding 60..............................................

12.00

“(3.) Where the work is performed in a Mercantile Marine Office immediately before or immediately after ordinary official hours, the fee is one-half of the amount of the fee prescribed by the last preceding sub-regulation.

“(4.) Where the work is performed on a Saturday, Sunday or holiday, or before or after official hours in circumstances other than those specified in sub-regulation (2.) or (3.) of this regulation, the fee is that prescribed by sub-regulation (2.) of this regulation, but, if only one official is employed, the fee shall not exceed Eight dollars forty cents.

“(5.) Where the services of officials are made available, before or after ordinary official hours, on a day other than a Saturday, Sunday or holiday for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a fee for their services calculated at the rate of Eighty cents for each hour or part of an hour in respect of each official made available is payable by the owner or master of the ship.

“(6.) Where the services of officials are made available on a Saturday, Sunday or holiday for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a fee for their services calculated at the rate of One dollar sixty cents for each hour or part of an hour in respect of each official made available is payable by the owner or master of the ship.”.

Travelling time.

4. Regulation 28 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a fee at the rate of Eight shillings per hour” and inserting in their stead the words “a fee calculated at the rate of Eighty cents for each hour or part of an hour”.


Waiting time.

5. Regulation 29 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a fee at the rate of Eight shillings per hour” and inserting in their stead the words “a fee calculated at the rate of Eighty cents for each hour or part of an hour”.

Postponement fee.

6. Regulation 30 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “a postponement fee at the rate of Eight shillings per hour” and inserting in their stead the words “a postponement fee calculated at the rate of Eighty cents for each hour or part of an hour”.

Traveling expenses.

7. Regulation 33 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “Mercantile Office” and inserting in their stead the words “Mercantile Marine Office”.

Second Schedule—Form 9.

8. The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 9 and inserting in its stead the following form:—

Form 9.

Regulation 14.

Section 80.

Commonwealth of Australia.

Navigation Act.

RELEASE ON TERMINATION OF SERVICE.

(For crew members discharged otherwise than on termination of Agreement.)

Name of Ship

Official No.

Trade

 

 

 

Name of Master

Name of Owner or Person for whom Master acts

Agreement Signed

On

At

 

 

 

 

Each of the seamen whose signature appears below hereby releases the ship, the master and the owner/his employer from all claims for wages and otherwise arising out of the abovementioned Agreement except to the extent indicated below.


Date of Discharge

Balance of Wages Paid

Exceptions

Signature of Seamen

Reference No. in Agreement

 

 

 

 

 

I, the Master, hereby release each of the seamen whose signature appears above from all claims under the abovementioned Agreement.

Dated this day of , 19 .

……..………………………………..

(Signature of Master)

Signed by the Master and each seaman who has signed this Release, in my presence.

Port of...................................................................... ….………..................................

(Signature of Proper Authority)

Second Schedule—Form 11.

9. The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 11 and inserting in its stead the following form:—

Form 11.

Regulation 21.

Section 165.

Commonwealth of Australia.

Navigation Act.

CREW LIST.

Page 1.

Name of Ship 

Official No. 

Port of Registry

Port of Arrival 

Commencement of Voyage—

Date

Place

Last Port of Call

I declare that the particulars shown above and on the attached pages, numbered 2 to (inclusive) are true and correct and that those pages contain particulars relating to the crew of the ship.

Dated this day of  ,19    .

................................................................

(Signature of Master)

Pages 2, 3 and.....................................................

Name of Ship.................................................

Department....................................................

Port at which articles signed....................................

Reference No. in Agreement

Full Name

Rank or Rating

Date of Birth

Place of Birth

Nationality

 

 

 

 

 

 


Second Schedule—Form 14.

10. The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form 14 and inserting in its stead the following form:—

Form 14. Regulation 26.

Section 425 (g).

Commonwealth of Australia.

Navigation Act.

CERTIFICATE OF SEAMAN’S SERVICE AT SEA.

I certify that  (whose year of birth is approximately 19 ) appears from official records to have served in the ships specified in the following table in the capacities, and during the periods, so specified.

Name of Ship.

Official No.

Port of Registry.

Capacity in which Seaman Served.

Date Engaged.

Date Discharged.

Trade.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated this  day of  19       .

Signature of Authorized Person.

Specimen signature of seaman..............................................................

Amendments in relation to decimal currency.

11.—(1.) The Navigation (Master and Seamen) Regulations are amended as set out in the Schedule to these Regulations.

(2.) Form 3 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting from the table in paragraph 7 of Part II. the words " Five pounds " (wherever occurring), " Ten shillings ", " One pound " (wherever occurring) and " Two pounds " and inserting in their stead the words " Ten dollars ", " One dollar ", " Two dollars " and " Four dollars ", respectively.

(3.) Form 8 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting the symbol "£" (wherever occurring) and inserting in its stead the symbol " $ "; and

(b) by omitting the symbol " £ s. d." (wherever occurring) and inserting in its stead the symbol " $ ".

(4.) Form 10 in the Second Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting the symbol " £ " (wherever occurring) and inserting in its stead the symbol " $ "; and

(b) by omitting the symbol " £ s. d." (wherever occurring) and inserting in its stead the symbol " $ ".


THE SCHEDULE Regulation 11 (1.)

AMENDMENTS IN RELATION TO DECIMAL CURRENCY

Provisions amended

Omit—

Insert—

Regulation 6 (2.).......................

Six shillings

Sixty cents

Regulation 9..........................

Four shillings

Forty cents

Regulation 16 (1.)......................

Three pounds

Six dollars

Regulation 31.........................

Twelve shillings

One dollar twenty cents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Navigation (Master and Seamen) Regulations 1967 are statutory rules made under the Navigation Act 1912-1966 by the Governor-General in Council, acting on the advice of the Minister of State for Shipping and Transport. These Regulations address the need to update and streamline the administrative processes related to the engagement and discharge of seamen, as well as the fees associated with these processes. They were introduced to facilitate the transition to decimal currency in Australia, replacing the old system of pounds, shillings, and pence with dollars and cents. The policy objective is to ensure that maritime regulations remain current and administratively efficient, supporting the smooth operation of the maritime industry within Australia.

Scope and Application

The Navigation (Master and Seamen) Regulations 1967, made under the Navigation Act 1912-1966, apply to masters and seamen of ships navigating Australian waters. These regulations govern the conduct of masters and seamen, including the maintenance of logbooks, the issue of service certificates, and the fees associated with the engagement and discharge of seamen. The regulations are applicable throughout the Commonwealth, extending to any ship registered in Australia or foreign ships entering Australian waters. The amendments made in these regulations adjust the fee structure to decimal currency and include specific provisions for the fees payable for the engagement or discharge of seamen, travelling time, waiting time, and postponement fees. Additionally, the regulations provide for the issue of certificates of service upon application and payment of a nominal fee. These regulations do not explicitly exclude any particular persons, entities, or industries from their scope, but their applicability is inherently limited to maritime operations within the defined geographic and jurisdictional boundaries of Australian waters. The regulations may be further extended or restricted through subordinate instruments, such as additional forms and amendments.

Key Provisions

The principal operative sections of the Regulations under the Navigation Act 1912-1966, as amended by Statutory Rules 1967 No. _______, introduce changes to the Navigation (Master and Seamen) Regulations. Regulation 23 is amended to clarify that a master may also cause log-books to be made (Regulation 23). Regulation 26 is repealed and replaced with a new regulation that allows for the issuance of a certificate of service as a seaman upon application and payment of a fee (Regulation 26). Regulation 27 is similarly repealed and replaced with new provisions specifying fees for services related to the engagement or discharge of seamen, including different rates for various circumstances (Regulation 27). Additionally, fees for travelling time, waiting time, and postponement are revised to reflect the new decimal currency (Regulations 28, 29, and 30). Furthermore, the term "Mercantile Office" is corrected to "Mercantile Marine Office" in Regulation 33. The Second Schedule is amended to update the forms used under the Regulations to reflect the new decimal currency system. These Regulations impose specific obligations on ship owners and masters. Ship owners and masters must ensure that log-books are accurately made or caused to be made (Regulation 23). They must also ensure that fees are paid for services related to the engagement or discharge of seamen, according to the prescribed rates based on the time and conditions of the service (Regulation 27). Additionally, when a seaman is discharged, a release form must be signed by both the seaman and the master, and witnessed by a proper authority (Form 9). Similarly, a crew list must be prepared and signed by the master, detailing the crew members' particulars (Form 11). When a seaman applies for a certificate of service, the appropriate fee must be paid, and the certificate must be issued by an authorized person (Regulation 26, Form 14). Breach of these Regulations can lead to civil consequences, primarily financial. For instance, failure to pay the prescribed fees for services related to the engagement or discharge of seamen may result in financial penalties as specified in Regulation 27. Additionally, failure to accurately complete and sign required forms, such as the release form (Form 9) or the crew list (Form 11), may lead to administrative issues or penalties. While the Regulations do not explicitly detail criminal penalties, non-compliance with maritime regulations generally can result in legal action, including fines and potential imprisonment. The exact penalties would depend on the specific nature of the breach and any applicable laws or regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.