Navigation (Master and Seamen) Regulations (Amendment)

Overview

The Statutory Rules 1923 No. 28, made under the Navigation Act 1912-1920, were enacted to amend the Navigation (Master and Seamen) Regulations 1922, addressing issues related to the timely settlement of wages for seamen in Australian-trade and limited coast-trade ships. The enacting body for these regulations is the Governor-General in Council, who, acting on the advice of the Federal Executive Council, issued these rules to ensure that masters of ships adhere to the mandated procedures for wage settlement. This legislative instrument aims to establish clear protocols for the final settlement of seamen's wages, ensuring that they are paid promptly upon the termination of their employment, thereby protecting the rights of seamen and maintaining orderly practices within the maritime industry.

Scope and Application

The Statutory Rules of 1923, No. 28, made under the Navigation Act 1912-1920, outline amendments to the Navigation (Master and Seamen) Regulations 1922. These regulations apply to the masters of Australian-trade ships and limited coast-trade ships with a gross registered tonnage of fifty tons or more. The regulations pertain to the timely settlement of wages owed to seamen upon the termination of their employment. Specifically, they mandate that the master of such ships must pay the balance of wages to each seaman within one clear day, excluding Sundays or public holidays, after the seaman leaves the ship. Additionally, the regulations detail the form and process of a mutual release of claims between the master or ship owner and the seaman, requiring the signatures of both parties in the presence of a superintendent. The form of this release can be either in the crew agreement or in Form M. & S.—10, and once signed, it is considered the prescribed release as defined by section 80 of the Navigation Act 1912-1920. The scope of these regulations is national, applying throughout the Commonwealth of Australia, and they are intended to ensure fair and timely remuneration practices for seamen in the maritime industry.

Key Provisions

The key operative sections of the Statutory Rules 1923, No. 28, under the Navigation Act 1912-1920, introduce and modify the requirements for the settlement of wages and the form of release for seamen. Specifically, section 78.1 amends the Navigation (Master and Seamen) Regulations 1922 by inserting a new regulation 14a. This regulation mandates that the master of an Australian-trade ship or a limited coast-trade ship of fifty tons gross registered tonnage or more must pay each seaman, through or in the presence of a superintendent, the balance of wages due to them within one clear day from the time the seaman leaves the ship at the end of their engagement. This payment must exclude any Sunday or holiday. Section 80 then repeals regulation 15 of the Navigation (Master and Seamen) Regulations 1922 and inserts a new regulation 15, which details the form of release. This new regulation specifies that when a seaman is discharged and their wages settled in the presence of a superintendent, the master or owner and the seaman must sign a mutual release of all claims in respect of the past engagement. This release must be signed either in the column headed 'Release' in the completed agreement or in Form M. & S.—10. A release signed in accordance with this regulation is deemed to be the prescribed release under section 80 of the Navigation Act 1912-1920. The Regulations impose several obligations and requirements on the parties governed by them. Firstly, masters of Australian-trade and limited coast-trade ships must ensure that they pay the balance of wages to each seaman within the specified timeframe and in the presence of a superintendent. This requirement underscores the importance of transparency and accountability in wage settlements. Secondly, both the master or owner and the seaman must sign a mutual release of all claims when a seaman is discharged and their wages settled. This mutual release must be signed either in the completed agreement or in Form M. & S.—10, ensuring that all parties acknowledge and agree to the terms of the release. The Regulations also outline the consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated within the provided text, it is understood that failure to comply with the stipulated wage settlement and release requirements could result in legal repercussions. Under the broader framework of the Navigation Act 1912-1920, non-compliance with maritime regulations can lead to penalties, which may include fines or other sanctions. The precise penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the overarching Act. Given the historical context of these regulations, it is plausible that the penalties could have been more severe under the law of the time.