Transport Workers (Seamen) Regulations (Amendment)

Overview

The Statutory Rules 1938 No. 74, made under the Transport Workers Act 1928-1937, address amendments to the Transport Workers (Seamen) Regulations. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to refine the processes governing the duration and surrender of seamen's licences. The objective is to ensure that these maritime workers' licensing processes are efficient and cater to their employment circumstances, thus maintaining maritime safety and operational efficiency. The legislative instrument was notified in the Commonwealth Gazette on the date of enactment, ensuring transparency and accessibility to the maritime industry and relevant stakeholders.

Scope and Application

The Transport Workers (Seamen) Regulations 1938, made under the Transport Workers Act 1928-1937, pertain to individuals and entities involved in the maritime industry, specifically targeting seamen employed on ships within the Commonwealth of Australia. These regulations are designed to govern the duration and renewal of licences issued to seamen, ensuring that they remain valid and up-to-date as long as the individual continues to be employed in the maritime industry. The scope of these regulations extends to all seamen who have been granted a licence and are working on ships that fall under the jurisdiction of the Commonwealth. Notably, the regulations amend the existing rules to ensure that licences remain active for the duration of the calendar year in which the seaman is employed, thereby preventing lapses in certification. Additionally, these regulations repeal the requirement for seamen to surrender their licences, which was previously stipulated in the Transport Workers (Seamen) Regulations. This legislative instrument operates at the national level, encompassing all states and territories within the Commonwealth of Australia.

Key Provisions

The key operative sections of these Regulations under the Transport Workers Act 1928-1937 (section 1) involve amendments to the Transport Workers (Seamen) Regulations. Specifically, Regulation 9 is altered to adjust the conditions under which a licence's duration is determined, while Regulation 9a is repealed (section 1.1). Regulation 9 now stipulates that if any person holding a licence has been employed on a ship during the calendar year in which the licence would otherwise expire, the licence remains valid (section 1.1). Furthermore, the repeal of Regulation 9a effectively removes the requirement for the surrender of licences under certain circumstances (section 1.2). The obligations and requirements imposed by these Regulations primarily concern the validity and renewal of licences for seamen employed in the transport industry. Seamen who have been employed on a ship during the year their licence would expire are no longer required to renew their licence in that particular year (section 1.1). Additionally, the repeal of Regulation 9a eliminates the obligation to surrender licences, which may have previously been required in specific situations (section 1.2). In terms of offences, penalties, or civil/criminal consequences for breaches, the Regulations themselves do not specify any explicit penalties or consequences for non-compliance. However, under the Transport Workers Act 1928-1937, there may be provisions for penalties associated with non-compliance with licensing requirements. These could include fines or other penalties as prescribed by the Act. The exact nature and extent of these penalties would need to be referred to within the Transport Workers Act itself, as the Regulations primarily focus on the procedural aspects of licence duration and surrender (section 1.1, 1.2).