Navigation (Passengers) Regulations

STATUTORY RULES.

1924. No. 197.

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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 seventeenth day of December, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command

H. E. PRATTEN,

Minister of State for Trade and Customs.

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NAVIGATION (PASSENGERS) REGULATIONS.

Short title.

1. These Regulations may be cited as the Navigation (Passengers) Regulations.

Application.

2. (1) Subject to sub-regulation (2) of this regulation, these Regulations shall apply as follows:—

(a) As to passenger steamships—

(i) registered in Australia;

(ii) engaged in the coasting trade; or

(iii) regularly trading from Commonwealth ports as head-quarters—

the whole of the Regulations shall apply.

(b) As to emigrant ships carrying passengers between Australia and ports other than in the United Kingdom, Regulations 3, 4, 7, 10, and 11 shall apply, excepting in so far as they relate to the number of steerage passengers that may be carried, and the berthing, sanitary and hospital accommodation provided for those passengers;

(c) As to passenger steamships (other than emigrant ships) carrying passengers between Australia and ports other than in the United Kingdom—

(i) if provided with a valid passenger certificate which, under section 188 or 204 of the Navigation Act, has the effect of exempting the ship from survey under the Navigation Act, Regulations 3, 5, 6, 7, 8, 9, 10, and 11 shall apply;

(ii) if not provided with such valid passenger certificate, the whole of the Regulations shall apply; and

(d) As to all ships (British or foreign) carrying passengers to, from, or between ports in Australia, Regulations 3, 7, 10, and 11 shall apply.

Exemptions.

(2) These Regulations shall not apply to—

(a) River and bay ships; or

(b) Ships trading exclusively within the limits of a single State.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“The Director” means the Director of Navigation for the Commonwealth;

“Deputy Director” means the Deputy Director of Navigation for a State and includes the Director;

“Medical Inspector” means a Medical Inspector of Shipping appointed by the Minister under the provisions of the Navigation Act 1912-1920;

“Passenger steam-ship” means a ship (other than an emigrant ship), propelled by steam or other mechanical means, and carrying, or certificated to carry, more than twelve passengers to, from, or between ports in Australia;

“Emigrant ship” means an emigrant ship within the meaning of section two hundred and sixty-eight of the Merchant Shipping Act 1894;

“Merchant Shipping Act” means the Imperial Act known as the Merchant Shipping Act 1894, and includes any Imperial Act amending or substituted for that Act;

and any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Number of passengers, accommodation, and sanitary matters.

4. (1) The rules contained in the official Instructions as to the Survey of Passenger Accommodation, issued by the Board of Trade of the United Kingdom under the provisions of the Merchant Shipping Acts for the guidance of their surveyors in surveying passenger steamers, shall be the regulations to be observed in regard to the following matters, as respects passenger steam-ships to which these Regulations apply—

(a) the number of passengers to be carried;

(b) passengers’ accommodation; and

(e) sanitary matters.

Medical and surgical stores.

5. The medical and surgical stores to be carried by ships to which these Regulations apply shall be in accordance with the *Scales issued, or that may from time to time be issued, by the Minister under the provisions of section 124 of the Navigation Act.

Medical staff.

6. (1) Every ship to which these Regulations apply shall carry, as part of her complement, a duly qualified medical practitioner or a person certified as qualified to render “first aid”, as the case requires, in accordance with the provisions of the †Navigation (Health) Regulations in that regard.

Medical Inspections.

(2) When a ship to which these Regulations apply and which is required to carry a medical practitioner calls at any port proclaimed as infected with a quarantinable disease, namely, small-pox, plague, cholera, yellow fever, typhus fever, leprosy or encephalitis lethargica, the medical practitioner shall, for a period thereafter equal to the period of incubation of that disease, conduct, at least once daily, a

medical inspection of every person on board, and shall record in a medical log-book kept for the purpose the times of such inspections and particulars regarding any person suspected of illness.

Isolation hospital.

7. (1) Every—

(a) foreign-going passenger steam-ship (British or foreign) trading regularly from or with Australia; or

(b) Australian-trade passenger steam-ship on a voyage between consecutive ports of call which exceeds 650 nautical miles,

and having one hundred persons or more on board, shall be provided with hospital accommodation for cases of communicable disease which may arise during the voyage, in accordance with this regulation:

Provided that in the case of emigrant ships, it shall be deemed to be a compliance with the requirements of this regulation, in so far as steerage passengers are concerned, if the hospital accommodation provided for them is in accordance with the requirements of the regulations made in that regard by the Board of Trade of the United Kingdom under the provisions of the Merchant Shipping Act.

(2) The hospital shall, wherever practicable, be placed on the top deck or boat-deck as far aft as possible.

(3) The hospital shall comply with the following requirements—

(a) Separate wards shall be provided for males and females;

(b) Beds or bunks shall be provided as follows:—

(c) The walls of the wards shall have a smooth internal surface;

(d) The floors of the wards shall be of solid impervious material, and drained to the satisfaction of a Medical Inspector;

(e) Adequate natural lighting shall be provided, and artificial lighting by electricity (if available) and kerosene;

(f) Ventilation shall be to the satisfaction of a Medical Inspector; and, where electric power is available, shall include an electric fan in each ward;

(g) Electric bell installation is to be provided from the male ward to the cabin of the chief steward, and from the female ward to the cabin of the stewardess;

(h) The beds or bunks shall be so arranged as to leave a clear passage-way between them of not less than 3 feet in width, and that no bed or bunk shall be less than 2½ inches from any bulkhead or the side of the ward;

(i) The beds or bunks shall be of metal throughout, and shall conform generally to the requirements of the Navigation Act and *regulations in regard to bunks for seamen.

* Note.—The requirements as to Bunks for Seamen are set out in regulation 17 of the Navigation (Manning and Accommodation) Regulations (Statutory Rules 1923, No. 66).

(4) The hospital accommodation shall include a sanitary block, comprising a bathroom and water-closet, for the exclusive use of patients, and conforming with the following requirements:—

(a) The block shall be separated from the wards by a metal bulk-head;

(b) The bathroom shall contain a bath and wash-basin, to each of which hot and cold water is laid on; and

(c) The sanitary pan in the water-closet shall be of a type approved by a Medical Inspector.

(5) In the case of a vessel the keel of which was laid before the first day of October, 1923, the Director, on the recommendation of a Medical Inspector, may, by writing under his hand, approve of the acceptance of hospital accommodation which is not strictly in accordance with the requirements of this regulation, if he is satisfied that all such alterations as were necessary to bring the accommodation into substantial conformity with those requirements have been effected by the owner, and that the accommodation is reasonably sufficient to meet requirements on the ship in the trade in which she is engaged.

(6) Where a hospital provided for the use of seamen in accordance with the requirements of section 136 of the Navigation Act complies with the requirements of this regulation, the Director, on the report of a Medical Inspector that it is in his opinion adequate also for the accommodation of passengers requiring medical treatment in hospital, may by writing under his hand exempt the ship from the requirement of providing a separate hospital for passengers.

(7) In the case of a passenger steam-ship engaged in carrying passengers between Australia and the United Kingdom, trading under a certificate of survey granted by the Board of Trade of the United Kingdom, the Director, on the report of a Medical Inspector that the hospital accommodation provided on the vessel is reasonably sufficient to meet requirements in the trade in which the vessel is engaged, may, by writing under his hand, approve of the acceptance of that hospital accommodation as being in compliance with section 271 of the Navigation Act and of this regulation.

Provisions.

8. (1) In the case of emigrant ships, provisions for the steerage passengers shall be issued in accordance with the provisions of the Merchant Shipping Act and of the *regulations thereunder.

(2) In the case of passenger steam-ships (other than emigrant ships) the provisions for passengers shall be sweet and sound, and of such quantity, variety and quality as in the opinion of a Medical Inspector will form a wholesome, well-balanced dietary.

Fresh water for passengers.

9. (1) On every ship to which these Regulations apply, pure fresh water shall be provided for the use of the passengers in accordance with this regulation.

(2) In the case of emigrant ships, pure fresh water shall be provided for the use of the steerage passengers in accordance with the provisions of the Merchant Shipping Act and of the *regulations thereunder.

(3) In the case of passenger ships (other than emigrant ships) there shall be provided for the use of each passenger not less than two gallons of pure fresh water per day, exclusive of the quantity necessary for the cooking of the food provided.

* Note.—The Scales of Water and Provisions for Emigrant Ships, prescribed by the Board of Trade under section 17 of the Merchant Shipping Act 1906, and in force at the date of issue of these Regulations, are contained in Statutory Rules and Orders 1908, No. 19, and reprinted in the “Abstract of the Law relating to Passenger and Emigrant Ships”, published by the Board of Trade.

(4) Water necessary for the purposes of the preceding sub-regulation shall be carried in tanks approved by a Medical Inspector, and shall be obtained directly from the mains of a public water supply, or, if such is not available, from a source of supply approved by a Medical Inspector.

(5) The tanks shall be of iron or steel, and shall be thoroughly cleaned out once at least in every twelve months, or when required by a Medical Inspector. The distributing pipes shall be of iron, well galvanized.

Ports where passengers who are disorderly, &c., may be put ashore.

10. The following ports in Australia shall be principal ports for the purposes section 279 of the Navigation Act, viz.:—

Returns of passengers—oversea ships.

11. (1) The master of every ship, whether British or foreign, embarking, at any place in Australia, any passenger to be carried to any place out of Australia, shall, before obtaining a clearance for his ship, furnish to the proper officer, in †Form P.—1, a true return, in duplicate, in regard to each such passenger.

(2) The master of every ship, whether British or foreign, bringing any passenger from any place out of Australia to any place in Australia, shall, within the time allowed by law for reporting the vessel inwards, furnish to the proper officer, in †Form P.—2, a true return, in duplicate, in regard to each such passenger.

Inter-State passengers.

(3) The master of every ship, whether British or foreign, bringing any passenger to any place in a State from any place in another State, shall, within twenty-four hours after arrival, furnish to the proper officer, in †Form P.—3, a true return, in duplicate, in regard to such passenger.

(4) The proper officer for the purpose of this regulation shall be—

(i) as regards Forms P.—1 and P.—2, the Boarding Inspector or Clearing Clerk at the port or, where there is no such officer, the Chief Officer of Customs at the port; and

(ii) as regards Form P.—3, the Collector of Customs or Chief Officer of Customs at the port.

Repeal.

12. The Navigation (Passengers) Regulations, being Statutory Rules 1923, No. 124, as amended by Statutory Rules 1924, No. 50, are hereby repealed.

† Note.—Forms P.—1, P.—2, and P,—3, as well as Supplementary Forms P.—1 and P.—2 (for the purpose of making additions to or amendments in the original returns furnished) are on sale at the Mercantile Marine Offices at the principal ports in the Commonwealth, and at the office of the High Commissioner for Australia, Australia House, The Strand, London.

schedule.

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Form P.—1.

(Amended.)

Return of Passengers embarking at the Port of..........................

for Places Outside Australia.

(To be furnished in Duplicate.)

Note.—1st Class, 2nd Class, and 3rd Class Passengers are to be entered in separate groups.

Names and Descriptions of Passengers embarked at the Port of

* By permanent residence is to be understood residence for a year or more.

Summary of Passengers.

I hereby certify that, to the best of my knowledge and belief, the above, consisting of                pages, is a true, full, and correct return, in all particulars, of the passengers for places outside Australia who embarked at the Port of………………………

I further certify that the provisions actually laden on board this ship are sufficient according to the requirements of the Merchant Shipping Acts, for Statute Adults for a voyage of              days.

Date of Departure 192

Master.

Witness Date / /192

Commonwealth of Australia.

Nav. (Passengers) Regs.

Return of Passengers Brought to the Port of...........................

from Places Outside Australia.

(To be furnished in Duplicate.)

Note.—1st Class, 2nd Class, and 3rd Class Passengers are to be entered in separate groups.

Names and Descriptions of Passengers.

* By permanent residence is to be understood residence for a year or more.

* Births on the Voyage.

*Deaths on the Voyage.

* A separate and detailed return, in Form M. & S.—15, is also to be furnished by the Master to the Deputy Director in respect of every birth, death, or marriage happening on board the ship.

(See Navigation Act, Sec. 166, and Reg. 22 of the Navigation (Master and Seamen) Regulation.)

Summary of Passengers.

I hereby certify that, to the best of my knowledge and belief, the above, consisting of  pages, is a true, full, and correct return, in all particulars, of the passengers brought from places outside Australia to the port of in the above-mentioned ship, and of the Births and Deaths on the Voyage.

I further certify that, †except as set out in Health Reports furnished under the Commonwealth Quarantine Act, the above-mentioned passsengers to be landed at this port do not include any person who is insane, idiotic, deaf and dumb, blind, infirm, or destitute, or who is suffering from any infectious or contagious disease of a loathsome or dangerous character, and that none of such passengers has, during the voyage, shown any signs of mental peculiarity or of helplessness.

Witness

Master.

Date

† Note.—Strike out these words if there are no exceptions.

Note as to Vessels which Land Passengers at more than One Port in Australia.

The passengers for the preceding Ports of Call in Australia were landed on the dates mentioned below:—

Nav. (Passengers) Regs.

PASSENGER LIST—INTER-STATE PASSENGERS.

(To be Furnished in Duplicate.)

Return of Passengers Brought to the Port of.........................from Ports

Outside the State of................................

Note.—1st, 2nd, and 3rd Class (or Steerage) Passengers to be entered in separate groups.

I hereby certify that the above is, to the best of my knowledge and belief, a full and true Return of the Passengers brought to the Port of......

in the above-mentioned ship, from Commonwealth ports outside this State.

...........................

Signature of Master./Agent.

Date / /19....

Address...............

The Collector/Chief Officer of Customs.

.........................................

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.