STATUTORY RULES.
1922. No. 184.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.
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 1912-1920, to come into operation forthwith.
Dated this twentieth day of December, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
ARTHUR S. RODGERS,
Minister of State for Trade and Customs.
Amendment of Navigation (Master and Seamen) Regulations.
(Statutory Rules 1922, No. 34, as amended by Statutory Rules 1922, Nos. 72, 96, and 131.)
1. Regulation 29 of the Navigation (Master and Seamen) Regulations 1922 is amended by adding thereto a new sub-regulation as follows:—
“(2) Where the attendance of an officer is required before or after official hours, or on a Sunday or holiday in connexion with the engagement or discharge of seamen on board ship, there shall be charged, for each officer engaged, in addition to the charges specified in sub-regulation (1) of this regulation,
(a) for the time of the officer, in excess of half-an-hour, actually occupied in travelling to and from the Mercantile Marine Office or his home; and
(b) for all waiting time in excess of half-an-hour,
an amount at the rate of Three shillings per hour, or part of an hour, in respect of the time the officer is so travelling, or waiting before or after official hours, or on a Sunday or holiday.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1922, No. 184, titled "Regulations Under the Navigation Act 1912-1920," was enacted to amend the Navigation (Master and Seamen) Regulations 1922, addressing issues related to the charges for officers' attendance during non-official hours or on weekends concerning the engagement or discharge of seamen. This legislative instrument was made by the Governor-General in Council, signifying the federal government's involvement in maritime regulation. The policy objective is to ensure that additional costs for officers' services outside their standard working hours or on holidays are explicitly outlined and charged, thereby formalising the financial arrangements for such engagements. This regulation serves to clarify and formalise the compensation practices for maritime officers who must attend to duties beyond their regular schedules, ensuring both the maritime industry and the officers are aware of the financial implications involved.
Scope and Application
The Regulations under the Navigation Act 1912-1920, specifically amending the Navigation (Master and Seamen) Regulations 1922, apply to all officers engaged in the engagement or discharge of seamen on board ships, with particular attention to circumstances where such activities occur before or after official hours, or on Sundays or public holidays. These regulations pertain to the Commonwealth of Australia, as they are statutory rules made by the Governor-General on the advice of the Federal Executive Council. The regulations detail additional charges to be imposed on officers for their time and waiting time when they are required to attend to seamen outside their official hours or on non-working days. These charges are meant to compensate for the officers' time spent travelling to and from the Mercantile Marine Office or their home, and for any waiting time beyond half an hour. The regulations do not explicitly state any exclusions or exemptions, but they are subject to amendment by further statutory rules as evidenced by the various amendments listed.
Key Provisions
The main operative section of this statutory rule is Regulation 29 of the Navigation (Master and Seamen) Regulations 1922. This regulation is amended to include a new sub-regulation (2) that specifies additional charges for officers who are required to attend to matters concerning the engagement or discharge of seamen on board ship outside of official hours, or on a Sunday or holiday. The new sub-regulation (2) includes two parts: (a) an additional charge for the time an officer spends travelling to and from the Mercantile Marine Office or their home when this travel exceeds half an hour, and (b) an additional charge for all waiting time in excess of half an hour at a rate of Three shillings per hour or part of an hour.
The Act imposes specific obligations on maritime officers who are required to attend to seamen's engagement or discharge outside of regular working hours or on non-working days. The officers must be compensated for their time and waiting period beyond the standard half-hour threshold. This compensation is to be calculated based on the actual time spent travelling and waiting, with a minimum charge of Three shillings per hour or part of an hour.
Breach of these regulations could potentially result in disputes over compensation for maritime officers. However, the statutory rule does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. The focus of the regulation is more on establishing a fair compensation framework for officers who are required to work outside their regular hours or on holidays, rather than on penalising non-compliance. The implications of non-compliance would likely be addressed through contractual or employment law mechanisms, rather than through criminal or civil penalties outlined in this statutory rule.