STATUTORY RULES.
1921. No. 179.
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REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.
(Second Amendment, 1921.)
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 on and from the first day of October, 1921.
Dated this fourteenth day of September, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
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Amendment of Navigation (Wireless Telegraphy) Regulations.
(Statutory Rules, 1921, No. 104.)
Qualifications of operators and watchers.
The Navigation (Wireless. Telegraphy) Regulations 1921 are amended:—
(a) By inserting at the end of paragraph (b) of sub-regulation (1) of regulation 13 the following proviso:—
“Provided that, where it is shown to the satisfaction of the Director of Navigation that a sufficiency of operators holding First or Second Class Certificates of Proficiency issued by the Postmaster-General and having at least one year's experience as an operator are not available in the Commonwealth, he may, to the extent of the deficiency in numbers of such operators, by writing under his hand, permit of the employment, as Second Grade Operators, of persons holding First or Second Class Certificates of Proficiency but with less than one year’s experience as operators, and such persons so employed shall be deemed to be Second Grade Operators for the purposes of these Regulations”; and
(b) By inserting at the end of the Schedule thereto the following proviso:—
Schedule.
“Provided that, until otherwise prescribed, the times of watch for operators on Australian-trade and limited coast-trade ships to which these Regulations apply may, in lieu of those set out in this Schedule, and at the option of the owner, be in accordance with the provisions of the agreement between the Commonwealth Steamship Owners' Association and others, of the one part, and the Radio-Telegraphists’ (Marine) Institute of Australasia, of the other part, dated the 29th March, 1920, certified in the Commonwealth Court of Conciliation and Arbitration on 22nd September, 1920.”
N.21/5562, 6039.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Regulations under the Navigation Act 1912-1920 (Second Amendment, 1921) were enacted to address gaps in the availability of qualified wireless telegraphy operators on ships engaged in Australian trade and limited coast trade. The Navigation Act 1912-1920 originally provided the legislative framework for regulating maritime navigation within Australia, but as wireless telegraphy became more integral to maritime safety and communication, there was a need to refine the qualifications and operational requirements for operators. The regulations were made by the Governor-General in Council, with the aim of ensuring that there were sufficient skilled personnel to operate wireless telegraphy equipment on vessels, while also allowing some flexibility in employing less experienced operators in situations where a shortage existed. This amendment also aimed to accommodate new agreements between ship owners and the Radio-Telegraphists’ Institute regarding watch times for operators, providing a more pragmatic approach to maritime communication practices of the time.
Scope and Application
The Regulations under the Navigation Act 1912-1920, specifically amending the Navigation (Wireless Telegraphy) Regulations 1921, apply to the qualification and employment of wireless telegraphy operators on ships engaged in Australian trade and limited coast trade. These regulations govern the competency and experience requirements for operators and watchers employed on such vessels. The provisions extend across the Commonwealth of Australia, indicating a nationwide jurisdictional reach. Notably, the regulations allow for flexibility in the employment of operators who hold the necessary certificates but lack the stipulated one year of experience, provided that there is a demonstrated shortage of suitably experienced personnel. This flexibility is granted by the Director of Navigation, subject to certain conditions and limitations. The amendment also accommodates the option for ship owners to adopt alternative watch schedules as per an agreement between the Commonwealth Steamship Owners' Association and the Radio-Telegraphists' (Marine) Institute of Australasia. These regulations underscore the federal government's oversight and regulatory approach in ensuring maritime safety and communication standards through wireless telegraphy.
Key Provisions
The main operative sections of these Regulations, under the Navigation Act 1912-1920, primarily amend the Navigation (Wireless Telegraphy) Regulations 1921. The primary changes involve the qualifications of operators and watchers (Regulation 13(1)(b)) and the watch times for operators on specific ships (Schedule). Regulation 13(1)(b) now includes a proviso that allows the Director of Navigation to permit the employment of individuals as Second Grade Operators, provided there is a shortage of qualified operators with at least one year's experience. These individuals must hold First or Second Class Certificates of Proficiency issued by the Postmaster-General. The proviso in the Schedule allows for alternative watch times for operators on Australian-trade and limited coast-trade ships, permitting these times to be set according to an agreement between the Commonwealth Steamship Owners' Association and the Radio-Telegraphists’ (Marine) Institute of Australasia, certified on 22 September 1920.
These Regulations impose specific obligations on the Director of Navigation and ship owners. The Director of Navigation must ensure that a sufficient number of qualified operators are available before permitting the employment of Second Grade Operators. Ship owners have the option to set watch times for their operators in accordance with the certified agreement between the Commonwealth Steamship Owners' Association and the Radio-Telegraphists’ (Marine) Institute of Australasia, provided this does not conflict with other regulatory requirements.
The Regulations do not explicitly outline offences, penalties, or consequences for breach. However, any failure to comply with these provisions could potentially lead to enforcement actions under the broader Navigation Act 1912-1920, which may include fines or other sanctions. The exact penalties would depend on the specific breach and the applicable provisions of the Navigation Act.