Navigation (Master and Seamen) Regulations (Repeal) 1993 No. 150
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 150
Issued by authority of the Minister for Transport and Communications Navigation Act 1912
Navigation (Master and Seamen) Regulations (Repeal) Navigation (Distressed Seamen) Regulations (Repeal)
Subsection 425 (1) of the Navigation Act 1912 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The Navigation (Master and Seamen) Regulations (Repeal) repealed the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations (Repeal) repealed the Navigation (Distressed Seamen) Regulations.
The Navigation (Master and Seamen) Regulations prescribed the following matters:
the form of an Agreement under section 46 of the Act setting out the terms of engagement of a seamen as a member of the crew of a ship;
minimum age for employment at sea for the purposes of section 48A of the Act
certificate of discharge for the purposes of paragraph 61(a) of the Act
allotment notes for the purposes of paragraph 70 (3) (a) of the Act
account of wages for the purposes of subsection 76(1) of the Act
account of wages of seamen left on shore for the purposes of paragraph 148C(1)(a) of the Act
a log-book relating to money and effects of deceased seaman for the purposes of section 150 of the Act
investment of moneys of deceased seamen for the purposes of subsection 156(3) of the Act
search of ships for the purposes of paragraph 164(2) (b) of the Act
particulars of crews for the purposes of section 165 of the Act
entries and signatures to entries in an official logbook for the purposes of subsection 171(1) of the Act
entries relating to births, deaths, etc. in a log-book for the purposes of paragraph 417(1)(d) of the Act
a certificate of service as a seaman.
The Navigation (Distressed Seamen) Regulations prescribed the following matters:
relief and maintenance for distressed seamen
board and lodging, clothing, etc.
repatriation of distressed seamen
proper return port of a distressed seaman
passage on certain Australian ships for distressed seamen
duties of the master on the termination of passage
payment for passage on an Australian ship
passage on ships other than Australian ships
payments by proper authorities en route
medical certificates
an allowance for rescued seamen
an allowance for insane seamen
repatriation to ports in home country, etc.
a certificate of expenses incurred by the Commonwealth
the recovery of expenses incurred by the Commonwealth.
Under subsection 425(1AA) of the Act, the Australian Maritime Safety Authority has power to make orders with respect to matters in Part II (sections 9A-174) of the Act in relation to which provision may be made by regulations. Part II of the Act makes provision in relation to Masters and Seamen.
The Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations were replaced with Marine Orders Part 53, Employment of Crews. Issue 1, with effect from 1 July 1993, in accordance with the policy pursued since February 1981 to incorporate the detailed subordinate requirements of the Act in Marine Orders. it was therefore necessary to repeal those Regulations.
The repealing Regulations commenced on 1 July 1993.
Overview
The Navigation (Master and Seamen) Regulations (Repeal) 1993 No. 150, issued under the authority of the Minister for Transport and Communications, was enacted to repeal the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations, which had previously prescribed various matters under the Navigation Act 1912. The primary objective was to streamline maritime regulations by integrating the detailed requirements previously set out in these regulations into Marine Orders Part 53, Employment of Crews. This reform aligns with the policy established in February 1981 to consolidate maritime regulations within Marine Orders, enhancing regulatory efficiency and clarity. The repealing regulations came into effect on 1 July 1993, marking the transition from the old regulatory framework to the new Marine Orders system.
Scope and Application
The Navigation (Master and Seamen) Regulations (Repeal) 1993 and the Navigation (Distressed Seamen) Regulations (Repeal) 1993, issued under the Navigation Act 1912, were designed to repeal existing regulations and transfer their detailed requirements to the Marine Orders Part 53, Employment of Crews. The Act applies to individuals and entities engaged in maritime activities within Australia's territorial waters and on Australian ships abroad. This includes shipmasters, seamen, shipping companies, and other entities involved in the employment and welfare of maritime personnel. The repealed regulations covered a broad range of matters including the terms of engagement for seamen, minimum age requirements, certificates of discharge, wages, repatriation, and various other administrative and operational procedures concerning seamen. The repeal and replacement with the Marine Orders signify a consolidation and simplification of maritime regulatory requirements, reflecting a policy shift towards integrating detailed regulatory provisions into the Marine Orders. The repeal took effect from 1 July 1993, ensuring a seamless transition and continued regulation of maritime activities under the updated framework.
Key Provisions
The Navigation (Master and Seamen) Regulations (Repeal) 1993 No. 150, issued under the authority of the Minister for Transport and Communications, repeals the Navigation (Master and Seamen) Regulations and establishes new regulations to replace them. These repealed regulations previously detailed specific requirements for agreements, minimum age for employment, certificates of discharge, allotment notes, wage accounts, log-books, investment of moneys, search of ships, crew particulars, and logbook entries. The Navigation (Distressed Seamen) Regulations (Repeal) similarly repeals the Navigation (Distressed Seamen) Regulations, which had prescribed matters such as relief and maintenance for distressed seamen, repatriation, duties of masters, payment for passages, and various allowances and certificates. These repealed regulations were replaced by Marine Orders Part 53, Employment of Crews, effective from 1 July 1993.
The obligations imposed by these Regulations primarily concern the new requirements set out in the Marine Orders Part 53, Employment of Crews. These new regulations detail the conditions under which masters and seamen must operate, including employment terms, the maintenance and care of seamen, and the repatriation of distressed seamen. They ensure that the provisions previously set out in the repealed regulations are now incorporated into the Marine Orders, thereby streamlining and consolidating maritime regulations.
Failure to comply with the new regulations as outlined in the Marine Orders Part 53 may lead to various consequences. Under the Navigation Act 1912, non-compliance with these regulations can result in civil or criminal penalties. The specific penalties depend on the nature and severity of the breach. For example, if a master fails to provide proper maintenance or repatriation to a distressed seaman, this could lead to criminal charges, potentially resulting in fines or imprisonment. Similarly, failure to adhere to employment terms could lead to civil actions for breach of contract or other legal remedies. The precise penalties are not detailed in the repealing regulations but are governed by the overarching provisions of the Navigation Act 1912 and any subsequent legislative amendments.