EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 7….
Issued by the Authority of the Minister for Transport
NAVIGATION (MASTER AND SEAMEN) REGULATIONS (AMENDMENT)
These amendments of the Navigation (Master and Seamen) Regulations make changes to the Regulations consequent upon amendments of the Navigation Act 1912 made by the Commonwealth Functions (Statutes Review) Act 1981.
The Commonwealth Functions (Statutes Review) Act 1981 contains provisions giving effect to the Government’s decision that the supervision by Mercantile Marine Office superintendents of engagements and discharges of seamen be reduced. It inserts a new provision in the Navigation Act which provides that 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) shall not be taken to have been discharged from the ship. In consequence, by section 221, it also substitutes a new section 52 in the Navigation Act 1912 to require all necessary crew details to be furnished to a superintendent before a ship proceeds to sea, thereby ensuring that crew details will be on record in Mercantile Marine Offices regardless of the degree of supervision superintendents exercise over engagements and discharges.
The amendments of the Regulations specify the form in which these details of changes of crew are to be furnished to a superintendent and the times at which this is to occur.
The amendments were made pursuant to section 4 of the Acts Interpretation Act 1901, and took effect from 1 February 1982, when section 221 of the Commonwealth Functions (Statutes Review) Act 1981 came into operation by proclamation.
Overview
The Navigation (Master and Seamen) Regulations (Amendment) 1982 were introduced to align the Navigation (Master and Seamen) Regulations with changes to the Navigation Act 1912 made by the Commonwealth Functions (Statutes Review) Act 1981. This amendment aimed to reduce the degree of supervision exercised by Mercantile Marine Office superintendents over the engagements and discharges of seamen while ensuring that crew details remain on record in Mercantile Marine Offices. The changes were enacted by the Parliament of Australia and implemented pursuant to section 4 of the Acts Interpretation Act 1901, taking effect from 1 February 1982. The overarching policy objective was to streamline maritime operations by reducing bureaucratic oversight while maintaining essential record-keeping for crew management.
Scope and Application
The Navigation (Master and Seamen) Regulations (Amendment) Statutory Rules 1982 No. 7, issued under the authority of the Minister for Transport, implement amendments to the Navigation (Master and Seamen) Regulations consequent upon changes to the Navigation Act 1912 made by the Commonwealth Functions (Statutes Review) Act 1981. These amendments respond to the government’s decision to reduce the supervision by Mercantile Marine Office superintendents over the engagements and discharges of seamen. The primary aim is to ensure that all necessary crew details are recorded with a superintendent before a ship proceeds to sea, regardless of the level of oversight exercised by superintendents on engagements and discharges. This ensures that crew details are maintained in Mercantile Marine Offices, and it also stipulates that a seaman who temporarily ceases to be a member of the crew, for example, by going on leave, is not considered to have been discharged from the ship. The amendments were made pursuant to section 4 of the Acts Interpretation Act 1901 and came into effect on 1 February 1982, the same date section 221 of the Commonwealth Functions (Statutes Review) Act 1981 commenced by proclamation.
Key Provisions
The main operative sections of the Navigation (Master and Seamen) Regulations (Amendment) Statutory Rules 1982 No. 7 focus on modifying the existing regulations to align with the changes introduced by the Commonwealth Functions (Statutes Review) Act 1981, particularly in relation to the reduced supervision by Mercantile Marine Office superintendents over engagements and discharges of seamen (section 221). These amendments require the master of a ship to provide detailed crew information to a superintendent before the ship sets sail. This includes instances where a member of the crew temporarily ceases to be a member, such as when going on leave, to ensure that the crew details are properly recorded in the Mercantile Marine Offices (section 52).
The Navigation (Master and Seamen) Regulations (Amendment) impose several obligations on the parties involved, particularly the ship's master and the Mercantile Marine Office superintendents. The ship's master must ensure that all necessary crew details are furnished to a superintendent before the ship proceeds to sea. This includes providing information about any temporary absences of crew members and ensuring that these details are submitted in the specified form (section 221). Superintendents, on the other hand, are required to record these details accurately and ensure that they are kept on file in the Mercantile Marine Offices.
Failure to comply with the requirements set out in the Navigation (Master and Seamen) Regulations (Amendment) can lead to various penalties and consequences. While the specific penalties are not detailed in the Explanatory Statement, it is understood that non-compliance with maritime regulations can result in both civil and criminal consequences. Typically, breaches of such regulations could lead to fines, imprisonment, or both, depending on the severity and frequency of the offence. The exact penalties would be determined by the relevant courts based on the specifics of each case and the prevailing laws.