EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 8.
Issued by the Authority of the Minister for Transport
NAVIGATION (MASTER AND SEAMEN) REGULATIONS (AMENDMENT)
These amendments make changes to the Navigation (Master and Seamen) Regulations to enable section 20 of the Navigation Amendment Act 1979 to be proclaimed. This section amends the provisions of section 67 of the Navigation Act to enable a superintendent of a Mercantile Marine Office to give to a seaman, if the seaman so desires, a copy of the report of his conduct, character and qualifications on his discharge. The present provisions which authorise the superintendent to provide an endorsement on the seaman’s certificate of discharge contravene the provisions of an International Labour Organization Convention relating to seamen’s articles of agreement which Australia has ratified.
The proposed amendments also make necessary changes to the Regulations enabling section 220 of the Commonwealth Functions (Statutes Review) Act 19 81 to be proclaimed. The section inserts a new provision in the Navigation Act which provides for a person, who in pursuance of articles of agreement ceases temporarily to be a member of the crew of a ship (by, for example, going on leave), not to be taken to have been discharged from the ship. It is therefore
proposed that the form of articles of agreement prescribed in the Regulations be amended to incorporate provisions that such a person be required to leave and rejoin his ship in the manner and at the time and place stipulated by the master or owner and that refusal or failure without reasonable cause to so rejoin the ship requires the master to report the fact to a superintendent of a Mercantile Marine Office. Consequential changes are made to the form of the certificate of discharge and to the details to be entered in the General Register of Seamen.
Amendments of the Regulations are also being made in respect of the following matters:
(a) There is now power in the Act, where property of a deceased seaman or apprentice comes into the hands of the Minister for Transport and the Minister considers that money included in the property cannot for the time being be disposed of, to enable the Minister to invest it to the benefit of the ultimate recipients. A provision is inserted in the Regulations that this temporary investment may be a deposit with the Commonwealth Savings Bank of Australia or in securities issued by the Commonwealth.
(b) The basis of operation of the Act was changed from a ‘trade’ to a ‘voyage’ concept by the Navigation Amendment Act 1980. The prescribed forms in the Regulations are consequently amended.
(c) The Navigation Act has been amended to remove the mandatory requirement that the master of a ship is to impose on a seaman a prescribed fine if the seaman commits a breach of discipline specified in the seaman’s agreement. The prescribed form of articles of agreement in the Regulations is amended to reflect this change.
(d) The Navigation Act provides for a seaman to lodge with a superintendent at a prescribed port an objection in writing against a fine. The ports prescribed for this purpose in the Regulations are expanded to include all ports at which there is a Mercantile Marine Office staffed by officers of the Department of Transport.
(e) The Navigation Act provides that a person who engages or discharges a seaman at an Australian port shall pay to the superintendent at that port a
prescribed fee and may deduct from the seaman’s wages a prescribed proportion of such a fee. However, full payment of these fees by the employer is now provided for in the Maritime Industry Seagoing Award 1979, and the provision relating to this matter is therefore omitted from the Regulations.
(f) The Regulations at present provide for the payment of travelling expenses incurred by an official when his services are made available outside ordinary official hours, otherwise than at a Mercantile Marine Office. To comply with the current Governmental policy that the cost of services be fully recouped, the Regulations are amended to require payment also when an official attends a ship during official hours.
The amendments came into force on 1 February 1982, the day on which section 20 of the Navigation Amendment Act 1979 was brought into operation by Proclamation.
Overview
The Navigation (Master and Seamen) Regulations (Amendment) 1982 were introduced to address several issues arising from the Navigation Amendment Act 1979 and to align the regulations with international conventions, including the International Labour Organization Convention on seamen’s articles of agreement. This amendment was enacted by the Parliament of Australia to ensure compliance with international standards and to improve the administration of maritime personnel matters. The policy objective was to modernise the regulatory framework governing the discharge of seamen and their entitlements, as well as to streamline the operational procedures within the maritime industry.
These amendments included provisions to allow for the temporary cessation of a seaman's membership in the crew without being considered discharged, changes to the form of articles of agreement to specify rejoining procedures, and modifications to the certificate of discharge and General Register of Seamen. Additionally, the amendments enabled the Minister for Transport to invest the property of deceased seamen in the Commonwealth Savings Bank of Australia or government securities, and updated the prescribed forms to reflect the shift from a trade to a voyage concept. The changes also removed the mandatory imposition of fines by ship masters for breaches of discipline, expanded the ports where seamen could lodge objections against fines, and adjusted the payment of fees by employers to align with the Maritime Industry Seagoing Award 1979.
Scope and Application
The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rules 1982 No. 8, issued under the authority of the Minister for Transport, primarily pertain to the conduct and regulation of the seafaring industry within Australian waters. These amendments apply to masters of ships, seamen, and apprentices engaged in maritime activities under the Navigation Act, ensuring compliance with both domestic legislation and international conventions such as those from the International Labour Organization. The regulations cover a range of issues from the provision of discharge reports and certificates to the handling of seamen's property, and they extend to all ports in Australia where Mercantile Marine Offices are operational. Certain exclusions and thresholds are defined within the scope of these regulations, such as the exclusion of temporary cessation of crew membership from being considered a discharge, and the provision for temporary investment of a deceased seaman's property. The amendments also adjust the operational basis from a 'trade' to a 'voyage' concept, which affects the prescribed forms and procedures under the Navigation Act. These amendments came into force on 1 February 1982, aligning the regulations with the Navigation Amendment Act 1979.
Key Provisions
The main operative sections of these regulations primarily aim to update and align the Navigation (Master and Seamen) Regulations with new legislative changes and international obligations. Section 20 of the Navigation Amendment Act 1979, which is implemented through these regulations, allows a superintendent of a Mercantile Marine Office to provide a seaman with a copy of their conduct, character, and qualifications report upon request, instead of endorsing the seaman’s certificate of discharge, as required by previous provisions (section 67 of the Navigation Act). This change aligns with Australia's commitments under the International Labour Organization Convention on Seamen’s Articles of Agreement. Another key change is the incorporation of section 220 from the Commonwealth Functions (Statutes Review) Act 1981, which modifies the definition of discharge from a ship to exclude temporary leave. The regulations now require that a seaman who temporarily ceases to be a crew member must leave and rejoin their ship according to the master’s or owner’s instructions. Failure to do so without reasonable cause necessitates the master reporting this to a Mercantile Marine Office superintendent.
The amendments impose several obligations and requirements on maritime employers and seamen. Seamen must adhere to the new procedures for obtaining their conduct, character, and qualifications reports, which involve requesting these reports directly rather than having them endorsed on their certificates of discharge. Employers, on the other hand, must ensure that any temporary leave taken by a seaman complies with the stipulated rejoining procedures. Additionally, the new regulations introduce a requirement for temporary leave agreements to be documented in a manner that ensures the seaman is ready to rejoin their ship as directed by the master or owner. Any refusal or failure to comply with these rejoining instructions must be reported by the master to a Mercantile Marine Office superintendent.
Offences and penalties related to these regulations are not explicitly detailed in the explanatory statement. However, it is implied that failure to comply with the new procedures or report a seaman’s non-compliance could lead to administrative or disciplinary actions. For example, a master failing to report a seaman’s non-compliance with rejoining instructions could face repercussions from maritime authorities. The penalties for such breaches would likely be determined by relevant maritime legislation or industrial awards, but these are not specified in the explanatory statement. As with many regulatory frameworks, non-compliance could also lead to broader civil or criminal consequences depending on the severity and nature of the breach.
Furthermore, the regulations introduce provisions for the temporary investment of a deceased seaman’s or apprentice’s money if it cannot be immediately disposed of. This investment can be in the form of a deposit with the Commonwealth Savings Bank of Australia or in Commonwealth-issued securities, thereby ensuring that the ultimate recipients of the money benefit from its safekeeping. Additionally, the regulations have been updated to reflect changes from a trade-based to a voyage-based concept, which necessitates adjustments to prescribed forms. The mandatory imposition of fines by the master for breaches of discipline has been removed, aligning with broader changes in maritime disciplinary practices. The scope of ports where seamen can lodge objections against fines has been expanded to include all ports with Mercantile Marine Offices staffed by Department of Transport officers. The regulations also require full payment of fees by employers, in line with current industry awards, and extend the conditions under which officials’ travel expenses are reimbursed to include attendance during official hours.