Navigation (Master and Seamen) Regulations (Amendment)

STATUTORY RULES.

1946. No. 5.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1942.

Dated this  day of  , 1946.

Governor-General.

By His Royal Highness’s Command,

Minister of State for Supply and Shipping.

Amendments of Navigation (Master and Seamen)

Regulations. †

Fines for misconduct.

1. Regulation 18 of the Navigation (Master and Seamen) Regulations is amended by omitting from the table in sub-regulation (1.) the following figure and words:—

* Notified in the Commonwealth Gazette on  , 1946.

† Statutory Rules 1924, No. 199, as amended by Statutory Rules 1925, No. 87; 1927, Nos. 48 and 89; 1929, No. 54; 1931, No. 142; 1933, No. 140; 1935, No. 75, and 1942, No. 30.

7659.—Price 3d. 9/2.12.1946.

The Schedule.

2. The Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Form M. & S.—l and inserting in its stead the following Form:—

INDENTURE OF APPRETICESHIP TO THE SEA SERVICE.

M. & S. 1.

ISSUED UNDER THE NAVIGATION ACT.

* Full Address.

1 If there is a Surety his name is to be inserted here; but a Surety is not essential. If there is not one, the part relating to him should be struck out.

* This space is available  for additional stipulations.

Registered at the Port of        this   day of   19  .

Signed

THIS INDENTURE, made the   day of    19  between  aged              years, a native of                                                                       , in the State of                                           , now residing at                                                         (hereinafter called “the Apprentice”), of the first part,                                                                                    of*                                                         ,              in the State of*                                                                                                   (hereinafter called “the Master”), of the second part, and                                                                                    of                                                         , in the State of                                                                                                                               (hereinafter called “the Surety”), of the third part, witnesseth.

That the Apprentice hereby voluntarily binds himself Apprentice unto the Master for the term of                years from the date hereof: And the Apprentice hereby covenants that during the said term the Apprentice will faithfully serve the Master and obey the Master’s lawful commands, and keep the Master’s secrets, and will, when required, give to the Master true accounts of the Master’s goods and money which may be committed to the charge, or come into the hands of the Apprentice; and that the Apprentice will not, during the said term, do any damage to the Master, nor will be consent to any such damage being done by others, but will, if possible, prevent the same and give warning thereof; and will not embezzle or waste the goods of the Master, nor give or lend the same to others without the Master’s licence; nor absent himself from the Master’s service without leave; nor frequent Hotels, Taverns, or Alehouses unless upon the Master’s business; nor play at unlawful games: In consideration whereof, the Master hereby covenants with the Apprentice, that during the said term the Master will and shall use all proper means to teach the Apprentice or cause him to be taught navigation and seamanship and the business of a seaman and of a ship’s officer.

and the Master also agrees to provide the Apprentice with sufficient Meat, Drink, Lodging, Medicine, and Medical and Surgical Assistance, and pay to the Apprentice the sum of £                                           , in the manner following (that is to say):—

the apprentice providing for himself all wearing apparel and necessaries (except such as are hereinbefore specially agreed to be provided by the Master): And it is hereby agreed, that if at any time during the said term the Master provides any necessary apparel for the Apprentice, the Master may deduct any sums properly expended thereon by the Master from the sums so agreed to be paid to the Apprentice as aforesaid: and it is hereby further agreed, that at any time within—

(a) the said term the Master shall be at liberty to cancel this Indenture if the Apprentice shall be convicted of any offence punishable by imprisonment or be guilty of any gross misconduct, or if he shall be, or in the opinion of a Medical Inspector of Seamen or a Medical Practitioner is likely to be, permanently incapacitated by reason of unsoundness of mind or illness or injury from observing and performing his covenants; and

(b) twelve months from the date hereof—

(i) the Apprentice may serve upon the Master a request in writing with the consent of the Surety endorsed thereon for the cancellation of this Indenture as from the expiration of one calendar month from the date of service of the request, and the Master shall not unreasonably refuse such request;

(ii) the Master shall be at liberty to cancel this Indenture if the Master shall be of opinion that the Apprentice is not suitable or promising, or likely to be suitable or promising, as a future ship’s officer;

And for the performance of the Agreements herein contained, the Master and Apprentice do hereby bind themselves each unto the other in the penal sum of £                             and for the performance of the covenants on the part of the Apprentice herein contained, the Surety as surety, doth here bind himself, his Executors and Administrators, unto the Master, in the penal sum of £                             : Provided that, notwithstanding the penal stipulations herein contained, any Court, Magistrate, or Justice of the Peace, may exercise such jurisdiction in respect of the Apprentice as it, he, or they, might have exercised if no such stipulations had been herein contained.

In Witness whereof the said parties have hereunto set their hands and seals, the day and year above written.

Note—This Indenture must be executed in duplicate, and in the presence of a Superintendent. One copy will be recorded and retained by the Superintendent, and the other, duly endorsed, will be returned to the Master of the Apprentice.

The Navigation Act farther requires the Master to notify the Superintendent, as soon as practicable, of any assignment or cancellation of the Indenture, or the death or desertion of the Apprentice.

SCHEDULE.—APPRENTICE’S VOYAGE RECORD.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.