STATUTORY RULES.
1936. No. 120.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1935.*
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 1912-1935.
Dated this second day of September, 1936.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce.
Navigation (Safety Convention Certificates Validity)
Regulations.
Citation.
1. These Regulations may be cited as the Navigation (Safety Convention Certificates Validity) Regulations.
Interpretation.
2. In these Regulations, the expression “Safety Convention certificate” means a Safety Certificate, a Safety Radiotelegraphy Certificate or an Exemption Certificate.
Validity of Safety Convention certificates.
3. A Safety Convention certificate produced in respect of a Safety Convention ship not registered in Australia shall, in order to be a valid Safety Convention certificate, comply with such of the following provisions as are applicable in the circumstances:—
(a) The certificate produced in respect of a Safety Convention ship which is a passenger steamship shall be in accordance with the form of Safety Certificate set out in regulation XLVII. contained in Annex I. to the Safety Convention and shall be applicable to the voyage in respect of which a clearance is demanded and to the trade in which the ship is for the time being engaged.
(b) The certificate produced in respect of a Safety Convention ship of 1,600 tons gross tonnage or upwards (other than a passenger steamship) shall be in accordance with either the form of Safety Radiotelegraphy Certificate, or the form of Exemption Certificate, set out in regulation XLVII. contained in Annex I. to the Safety Convention, and shall be applicable to the voyage in respect of which a clearance is demanded and to the trade in which the ship is for the time being engaged.
* Notified in the Commonwealth Gazette on 1936.
2302—12/13.8.1936.—Price 3d.
(c) The certificate produced in respect of any Safety Convention ship shall show that it was issued by the Government of the country in which the ship is registered or by a person or organization duly authorized by that Government, or in the case of a Safety Certificate or a Safety Radiotelegraphy Certificate, that it was issued at the request of that Government by the Government of a country to which the Safety Convention applies.
(d) The certificate produced in respect of any Safety Convention ship shall show that it is in force and either that it was issued for a period not exceeding twelve months, or that it has been extended beyond the original period of validity for a further period not exceeding five months by a duly authorized officer of the country to which the ship belongs for the purpose of allowing the ship to complete its return voyage to its own country.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Navigation (Safety Convention Certificates Validity) Regulations 1936 were enacted under the Navigation Act 1912-1935 to ensure that Safety Convention certificates presented for ships not registered in Australia meet specific requirements to be considered valid. These regulations were made by the Governor-General in accordance with the Federal Executive Council and serve to implement the provisions of the International Convention for the Safety of Life at Sea. The primary policy objective of these regulations is to maintain the safety standards for maritime vessels operating in Australian waters, ensuring that non-Australian registered ships comply with international safety standards when entering Australian ports.
Scope and Application
The Navigation (Safety Convention Certificates Validity) Regulations, enacted under the Navigation Act 1912-1935, pertain to the validity of Safety Convention certificates for ships engaged in maritime activities. These regulations apply to Safety Convention ships that are not registered in Australia, encompassing passenger steamships, ships of 1,600 tons gross tonnage or upwards, and any other ships covered by the Safety Convention. The validity of the Safety Convention certificates is contingent on compliance with specified provisions, including the format and applicability to the ship's intended voyage and trade, the authority issuing the certificate, and the duration of validity. The certificates must be issued by the ship's country of registration or an authorised entity, and they must be in force for the ship's journey, with extensions permitted under certain conditions. The scope of these regulations extends across Australia, aligning with the overarching federal jurisdiction under the Navigation Act. However, it is noted that these regulations do not detail any exclusions, exemptions, or thresholds, and their application may be further defined or extended through subordinate instruments under the Act.
Key Provisions
The main operative sections of these Regulations, particularly section 3, outline the requirements for the validity of Safety Convention certificates for ships not registered in Australia. To be considered valid, these certificates must comply with several conditions: they must be in the correct form depending on whether the ship is a passenger steamship, a ship of a certain gross tonnage, or any other Safety Convention ship; they must be applicable to the specific voyage and trade the ship is engaged in; they must be issued by the government of the country where the ship is registered, or by a duly authorised person or organisation; and they must show that the certificate is currently in force, either within its original period of up to twelve months or extended up to an additional five months for the purpose of completing the return voyage.
The Regulations impose certain obligations on the entities they govern. Specifically, ship owners and operators must ensure that their Safety Convention certificates meet the outlined criteria in section 3. This includes obtaining certificates in the correct form, ensuring they are applicable to the relevant voyage and trade, and verifying that they are issued by the appropriate authorities. Furthermore, the certificates must demonstrate their current validity, either within the original timeframe or an extended period, as applicable.
Failure to comply with the requirements set out in these Regulations can lead to various consequences. While the specific provisions detailing offences, penalties, or civil/criminal consequences are not explicitly stated in the excerpt provided, it can be inferred that non-compliance could result in legal repercussions. Typically, such breaches might be subject to fines or other penalties as stipulated under the broader Navigation Act 1912-1935 or any related legislation. The exact penalties, however, would need to be referenced within the main body of the Act or in further regulations.