STATUTORY RULES.
1936. No. 105.
––––––––
REGULATIONS UNDER THE TRANSPORT WORKERS ACT 1928-1929.*
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 Transport Workers Act 1928-1929.
Dated this Twelfth day of August, 1936.
(sgd.) Gowrie
Governor-General.
By His Excellency’s Command,
For Attorney-General.
––––––––
Amendment of the Transport Workers (Seamen) Regulations.†
Duration of licence.
1. Regulation 9 of the Transport Workers (Seamen) Regulations is amended by inserting at the end of sub-regulation (2.) the following proviso:—
“Provided that where a licensed seaman is employed on a ship to which Part II. of these Regulations applies, and the ship does not, during the period of thirty-one days, make a call at any prescribed port at a time when the seaman can make application for the renewal of his licence, the licence may, at any time within a further period of thirty days, be renewed upon application made by the seaman within seven days after his first arrival at a prescribed port.”.
Transfer of preference to other ports.
2. Regulation 14e of the Transport Workers (Seamen) Regulations is amended—
(a) by omitting from sub-regulation (1.) the word “shall” and inserting in its stead the word “may”; and
(b) by inserting in sub-regulation (1.) after the word “port” (second occurring) the words “and after consideration of the matter by the Committee”.
Order of preference in engagement of seamen.
3. Regulation 14d of the Transport Workers (Seamen) Regulations is amended by omitting from sub-regulation (1a.) the words “at a port other than the port at which the agreement with the crew was entered into,”
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1935, No. 125, as amended by Statutory Rules 1936, Nos. 20, 35, 53 and 80.
———–––––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3788.—8/22.7.1936.—Price 3d.
Overview
The Transport Workers (Seamen) Regulations, 1936, were enacted under the Transport Workers Act 1928-1929 to address specific issues related to the employment and licensing of seamen within the maritime industry. These regulations were established by the Governor-General in Council, acting on the advice of the Federal Executive Council, and aim to provide a more flexible framework for the renewal of seaman licenses and the allocation of ports for seaman engagement. This legislative instrument sought to streamline processes that affect the operational efficiency and legal compliance of maritime activities, ensuring that seamen can maintain their licenses under certain conditions and that port preferences can be adjusted based on specific circumstances.
Scope and Application
The Regulations under the Transport Workers Act 1928-1929 pertain specifically to seamen employed on ships subject to Part II of the Transport Workers (Seamen) Regulations. These regulations apply to individuals who are licensed seamen working on ships that operate in a manner necessitating compliance with these specific provisions. The geographic scope of the Act is national, as it applies throughout the Commonwealth of Australia, impacting seamen and shipping companies across the country. These regulations extend to any licensed seaman employed on a ship that makes calls at prescribed ports as defined by the Act. The stated provisions govern the renewal of seaman’s licences, the transfer of preference to other ports, and the order of preference in the engagement of seamen. The amendments introduced by these regulations are designed to provide flexibility and administrative ease concerning the renewal of seamen’s licences and the engagement process, allowing for consideration by relevant committees. These regulations do not explicitly state any exclusions or exemptions, and their application is further defined and potentially extended by subordinate instruments as necessary.
Key Provisions
The main operative sections of these regulations concern the amendment of the Transport Workers (Seamen) Regulations. Specifically, Regulation 9 has been amended to allow for the renewal of a seaman's licence under certain conditions (Reg. 1). In essence, if a licensed seaman is employed on a ship that does not make a call at a prescribed port within thirty-one days, the seaman can apply for licence renewal within seven days of arriving at the next prescribed port, provided it is within a further thirty days of the original licence expiry (Reg. 9). Additionally, Regulation 14e has been modified to allow, rather than require, the transfer of a seaman's preference to other ports, contingent on the Committee's consideration (Reg. 2). Finally, Regulation 14d has been amended to remove the restriction that engagement of seamen must occur at a port other than the one where the crew agreement was made (Reg. 3).
These amendments impose specific obligations on both seamen and the relevant authorities. Seamen must be aware of the new conditions for licence renewal and ensure they apply within the stipulated timeframes. Authorities, including the Committee, are tasked with considering the transfer of seamen's port preferences and facilitating these processes as per the updated regulations. The Committee’s role is particularly highlighted in the amendments, necessitating their involvement in decision-making processes regarding port transfers.
Violations of these regulations may lead to various consequences, although specific penalties are not detailed within the text. Generally, breaches of maritime regulations can result in administrative actions, fines, or other penalties as prescribed by relevant maritime laws. The exact penalties would depend on the specific nature of the breach and the applicable statutory provisions under the Transport Workers Act 1928-1929. The intent of these regulations is to ensure smooth and compliant operations within the maritime industry, safeguarding the rights and conditions of seamen while maintaining operational efficiency.