Navigation (Master and Seamen) Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES 1988 NO 154

Issued by the Authority of the Minister for Transport and Communications

Subject - Navigation Act 1912

Navigation (Master and Seamen) Regulations (Amendment)

Subsection 425(1) of the Navigation Act 1912 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Navigation (Master and Seamen) Regulations (the Regulations) are made pursuant to subsection 425(1) of the Act, prescribing matters for the purposes of Part II (Masters and Seamen) of the Act.

Amendments to the Act made by section 6 of the Transport Legislation Amendment Act 1988 (the Amendment Act) are proclaimed to commence on 1 July 1988.

It is necessary to amend the Regulations as a consequence of those amendments.

Details of the amending regulations are as follows:

Regulation 1 cites the Principal Regulations.

Regulation 2 amends existing regulation 8A by omitting reference to ‘sub-section 48A(1)’ of the Act and substituting ‘section 48A’, following the omission of subsection 48A(2) of the Act by the Amendment Act.

Regulation 3 repeals existing regulation 8B and substitutes new regulation 8B prescribing for the purposes of subsection 52(1) of the Act, that subsection being omitted and substituted by the Amendment Act, what constitutes a prescribed person and what details of crew and details of changes in crew of a ship are to be furnished.

Regulation 4 amends existing regulation 19 by omitting reference to ‘apprentice’, all such references being omitted from the Act by the Amendment Act.

Regulation 5 amends existing Schedule 2 as follows:

(a) by omitting and substituting Form 3 which, together with existing regulation 7, precribe a revised form


of agreement (between master and crew) for the purposes of paragraph 46(2)(a) of the Act, that paragraph being omitted and substituted by the Amendment Act;

(b) by omitting and substituting Form 5 which, together with existing regulation 10, prescribe a revised form of certificate of discharge for the purposes of paragraph 61(a) of the Act, that paragraph being amended by the Amendment Act;

(c) by omitting from the heading of Form 10 reference to ‘apprentice’, all such references being omitted from the Act by the Amendment Act;

(d) by omitting from Form 10 reference to ‘apprentice’ all such references being omitted from the Act by the Amendment Act;

(e) by omitting from Form 12, reference to existing regulation 11, that regulation being repealed by amending regulation 6;

(f) by omitting Part II (List of Crew and Report of Character) in Form 12, being prescribed for the purposes of section 67 of the Act, that section being repealed by the Amendment Act;

(g) by omitting Forms 1, 4, 6 and 9, being prescribed forms for the purposes of sections 34, 47, 67 and 80 of the Act, respectively, those sections being repealed by the Amendment Act.

Regulation 6 repeals:

(a) existing regulations 4, 5, 8, 9, 11 and 14, which prescribe matters for sections 12, 34, 47, 60, 67 and 80 of the Act, respectively, those sections being repealed by the Amendment Act;

(b) existing regulations 27 to 33 (inclusive), which specify fees in relation to attendance by departmental officials at the engagement and discharge of seamen, such attendance no longer being provided following the repeal of Division 7A (Approval of Engagement of Seamen) and the amendment of Division 9 (Discharge of Seamen) of Part II of the Act by the Amendment Act.

Regulation 7 is a transitional provision which preserves the existing regulations in respect of an agreement between a master and seaman entered into before the commencement of the amending regulations, until that agreement has expired.

As the amendments to the Act did not commence until 1 July 1988, it was necessary for the amending regulations

to be made pursuant to section 4 of the Acts Interpretation Act 1901, That Act provides that regulations may be made as if the empowering provision of the Act had come into operation but the regulations shall not come into effect until the empowering provision of the Act comes into operation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Navigation (Master and Seamen) Regulations (Amendment) 1988 was enacted to amend existing regulations under the Navigation Act 1912, following legislative changes introduced by the Transport Legislation Amendment Act 1988. This amendment was necessary to ensure that the regulations remain consistent with the updated legislative framework. The amendment was carried out by the Parliament of Australia, with the objective of aligning the regulatory provisions with the new legislative changes to streamline maritime operations and regulatory compliance. The new regulations address the omission and substitution of certain sections within the Act, the updating of forms and agreements, and the repeal of certain regulations that were rendered obsolete by the legislative amendments. The transitional provision ensures that existing agreements between masters and seamen remain valid until their expiry, providing stability during the regulatory transition.

Scope and Application

The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rules 1988 No 154 amends the Navigation (Master and Seamen) Regulations made under the Navigation Act 1912. The Navigation Act applies to persons and entities involved in maritime activities within Australian waters, including masters, seamen, ship owners, and charterers. These Regulations provide detailed requirements for the engagement, employment, and discharge of seamen, the forms of agreements and certificates to be used, and the fees associated with certain maritime processes. The amendments are made to align the Regulations with changes to the Navigation Act introduced by the Transport Legislation Amendment Act 1988, which came into effect on 1 July 1988. The Regulations are applicable nationally, covering all states and territories within Australia. The scope of the Act is limited by specific exclusions and thresholds, including the repeal of certain sections and the amendment of others to reflect changes in maritime practices and regulatory requirements. The Regulations extend their application through the use of prescribed forms and transitional provisions, ensuring that existing agreements remain valid until they expire.

Key Provisions

The main operative sections of these amending regulations are Regulation 2, Regulation 3, Regulation 5, and Regulation 6. Regulation 2 amends existing regulation 8A by substituting references to "section 48A" in place of "sub-section 48A(1)" of the Navigation Act 1912 (the Act), reflecting changes made by the Transport Legislation Amendment Act 1988 (the Amendment Act). Regulation 3 introduces a new regulation 8B, which prescribes what constitutes a prescribed person and what details of crew and changes in crew of a ship are to be furnished, in line with the amendment to subsection 52(1) of the Act by the Amendment Act. Regulation 5 updates the forms prescribed in Schedule 2, such as Form 3 and Form 5, to align with changes to the Act by the Amendment Act. Regulation 6 repeals existing regulations 4, 5, 8, 9, 11, 14, and regulations 27 to 33, which were tied to sections of the Act that have been repealed or amended by the Amendment Act. These regulations impose obligations on ship masters, seamen, and other relevant parties to comply with the updated forms and requirements for crew details and prescribed persons, as amended by the Amendment Act. Specifically, ship masters must now furnish details of crew and changes in crew as prescribed by the new regulation 8B, and must use the updated forms for agreements between masters and crew (Form 3) and certificates of discharge (Form 5). Seamen must comply with the new regulations when engaging and discharging from ships. Additionally, the regulations require the removal of references to "apprentice" from various forms and regulations, reflecting the removal of such references from the Act. Breaches of these regulations may result in civil or criminal consequences depending on the nature and severity of the offence. For example, failing to provide the required crew details or using outdated forms may lead to fines or other penalties as prescribed by the Navigation Act 1912 or other relevant legislation. While the specific penalties are not detailed in the explanatory statement, they are likely to be consistent with those provided under the Act or other applicable laws. It is important for all parties to familiarise themselves with the updated regulations to ensure compliance and avoid potential penalties.

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