STATUTORY RULES
1971 No.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1970.*
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 1912-1970.
Dated this eighteenth day of November, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendments of the Navigation (Musters and Drills) Regulations†
Allotting of crew to lifeboats and liferafts.
1. Regulation 6 of the Navigation (Musters and Drills) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4.) A reference in paragraph (a) of sub-regulation (2.) of this regulation to a Regional Controller shall be read as including a reference to a person holding, or for the time being performing the duties of, another office in the Department of Shipping and Transport that the Minister has by an instrument in writing that is in force, specified for the purpose of this sub-regulation.”.
2. Regulation 14 of the Navigation (Musters and Drills) Regulations is repealed and the following regulation inserted in its stead:—
Notices for passengers.
“14. The master of a ship which carries passengers—
(a) shall cause a notice in the English language, in accordance with Form 4, or a notice in such language and form as are approved by the Minister for the purpose of this paragraph, to be exhibited at all times in a conspicuous position in each place in which a berth is provided for a passenger; and
(b) shall cause—
(i) the notice of a kind referred to in the last preceding paragraph; or
(ii) in the case of a ship carrying more than twelve passengers— a notice in such language and form as are approved by the Minister for the purpose of this paragraph.
to be exhibited at all times in a conspicuous position in each lounge, dining room, recreation room and other room available for use by the passengers.”.
* Notified in the Commonwealth Gazette on 1971.
† Statutory Rules 1968, No. 37.
Printed by Authority by the Government Printer of the Commonwealth of Australia
26553/70—Price 5c 9/6.10.1971
Overview
The Statutory Rules 1971 No. Regulations Under the Navigation Act 1912-1970 were enacted to amend existing maritime safety regulations, specifically focusing on the allotting of crew to lifeboats and liferafts, and the requirements for notices to passengers on ships. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council and was aimed at addressing gaps in the existing maritime safety protocols. The primary objective was to ensure that the safety regulations were updated to reflect the latest standards and practices, enhancing the safety and preparedness of ships carrying passengers. These regulations were essential to improve the overall maritime safety environment and to provide clear and accessible information to passengers regarding safety procedures during maritime travel.
Scope and Application
The Statutory Rules 1971 No. 154, made under the Navigation Act 1912-1970, includes amendments to the Navigation (Musters and Drills) Regulations. These regulations apply to all ships that carry passengers, imposing requirements on the masters of such ships to display notices in a conspicuous position in passenger areas. The notices must be in the English language and conform to the approved form or language specified by the Minister. This regulation extends its application to any ship carrying more than twelve passengers, requiring the display of appropriate notices in lounges, dining rooms, recreation rooms, and other areas available for passenger use. The amendment also specifies that certain duties regarding crew allocation to lifeboats and liferafts can be assigned to specified officers within the Department of Shipping and Transport, as directed by the Minister. These regulations have a national reach, applying across the Commonwealth of Australia, and are enforced through subordinate instruments as specified by the Minister.
Key Provisions
The main operative sections of the Statutory Rules 1971 No. 152 involve amendments to the Navigation (Musters and Drills) Regulations, particularly in relation to crew allotments to lifeboats and liferafts and notices to passengers on ships. Regulation 6 is amended to include a reference to a person holding or performing the duties of another office in the Department of Shipping and Transport, as specified by the Minister (section 1). Regulation 14 is repealed and replaced with a new regulation requiring the master of a passenger ship to exhibit notices in English at all times in conspicuous positions in passenger berth areas, lounges, dining rooms, recreation rooms, and other areas available for passenger use (section 2).
These regulations impose obligations on ship masters to ensure that notices are correctly displayed and maintained in designated areas of the ship. For ships carrying passengers, the master must exhibit notices in English, in accordance with Form 4 or an approved alternative, in each passenger berth area and in all common areas where passengers are likely to be present. These notices must be conspicuous and clearly visible to all passengers at all times.
Failure to comply with these regulations can lead to civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of maritime safety regulations typically can result in fines, imprisonment, or both, depending on the severity and impact of the breach. The exact penalties would be determined in accordance with the broader provisions of the Navigation Act 1912-1970 and any relevant maritime safety laws.