Transport Workers (Seamen) Regulations (Amendment)

Overview

The Statutory Rules 1936 No. 80, issued under the Transport Workers Act 1928-1929, were enacted to amend the Transport Workers (Seamen) Regulations and address specific issues within the maritime industry, particularly concerning the licensing and employment of seamen. These regulations were made by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, and were aimed at providing greater flexibility and clarity in the regulation of seamen’s employment and licensing processes. The amendments sought to streamline the procedures for the surrender of licences, to refine the criteria for endorsement of preferences in seamen employment, and to clarify the application of the regulations to ships engaged in interstate versus international trade. This legislative instrument underscores the policy objective of ensuring fair and orderly practices in the maritime workforce.

Scope and Application

The Regulations under the Transport Workers Act 1928-1929 apply to seamen engaged on ships involved in trade or commerce with another country or among the States. These regulations specifically address the terms and conditions of seaman licences, including the surrender of licences and the endorsement of preferences. The Regulations allow a seaman to surrender their licence within thirty-one days before its expiry, with a refund of the initial application fee, and they stipulate that a licence can only be endorsed in certain circumstances, such as the seaman having at least two months' employment on the vessel and a discharge certificate with a 'V.G.' (Very Good) rating for conduct and ability. Moreover, the Regulations provide that when a vessel changes articles at the termination of the agreement with the crew or is re-commissioned after being laid up at a different port, a seaman who was previously a member of the crew, holds a current licence, and desires to re-engage under the new agreement, can be engaged on that vessel in priority to other seamen. The geographic reach of these Regulations is national, extending to any ship engaged in interstate or international trade or commerce within Australia. The application of these Regulations is subject to amendments and extensions through subordinate instruments, which may further define or refine their scope and implementation.

Key Provisions

The main operative sections of these regulations concern the amendment of existing provisions related to the Transport Workers (Seamen) Regulations under the Transport Workers Act 1928-1929. Regulation 3 has been amended to clarify that these regulations will not apply to any ship not engaged in trade or commerce with another country or among the states (Regulation 3(3)). Another significant amendment is the introduction of Regulation 9a, which allows a seaman to surrender their licence up to thirty-one days before its expiry and receive a refund of the fee paid upon the initial application for the licence (Regulation 9a). Further, Regulation 14d has been amended to modify the conditions under which a seaman's licence may be endorsed, including that the seaman must have had at least two months' employment on a vessel and must have received a 'V.G.' (Very Good) certificate of discharge for both conduct and ability (Regulation 14d(2)(b) and (c)). An additional sub-regulation, 14d(6), stipulates that any endorsements made under this regulation cannot be cancelled or altered except in accordance with Regulation 14f. These regulations impose several obligations and requirements on the parties they govern. For instance, they require that seamen who wish to surrender their licence must do so within the specified timeframe and must apply to the Licensing Officer at the port where the licence was issued. They also mandate that any endorsements on a seaman's licence, including those for employment preferences, must adhere to the criteria outlined in the regulations. Specifically, the regulations specify that a seaman must have at least two months' employment on a vessel and must have received a 'V.G.' certificate for both conduct and ability. Furthermore, the regulations clarify that a seaman who was part of the crew prior to a change of articles or the vessel being laid up can re-engage with priority if they meet the specified conditions. The regulations also establish consequences for non-compliance. Although the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the legislative instrument itself, it is understood that breaches of the Transport Workers Act 1928-1929 and its regulations could result in penalties as prescribed by the Act. Typically, penalties under such legislation can include fines and, in some cases, imprisonment for more serious breaches. The exact penalties would be determined based on the nature and severity of the offence, in accordance with the provisions of the Transport Workers Act 1928-1929.