Commonwealth Numbered Regulations

1988 No. 155 NAVIGATION (MARINE COUNCIL AND COMMITTEES OF ADVICE) REGULATIONS (AMENDMENT) - REG 1

The Navigation (Marine Council and Committees of Advice) Regulations are
amended by adding at the end the following regulation:
Prescribed principles-subsection 47 (3) of the Act   "9. (1) The following
principles are prescribed principles for the purposes of subsection 47 (3) of
the Act in relation to the exercise of the powers of the Marine Council under
subsection 47 (1) of the Act:

   (a)  where it is established that a person:

        (i)    has inflicted violence causing actual bodily harm on another
               person;

        (ii)   has used intimidation or threats of violence to another person;

        (iii)  is habitually drunk;

        (iv)   is addicted to a drug; or

        (v)    has trafficked in a drug;
the person is to be taken to be unsuitable for engagement as a seaman;

   (b)  where it is established that a person:

        (i)    has been under the influence of alcohol or a drug while on duty
               in the service of a ship to the extent that the performance of
               that duty has been adversely affected;

        (ii)   has been reported as asleep on duty in the service of a ship;

        (iii)  has engaged in abusive, offensive or otherwise disorderly
               behaviour while in the service of a ship;

        (iv)   has made illegal use of, or has unlawfully possessed, a drug;
               or

        (v)    has secreted a stowaway on board ship;
that finding is to be taken to indicate that the person may be unsuitable for
engagement as a seaman;

   (c)  where it is established that a person has otherwise demonstrated a
        propensity for conduct likely to affect adversely the safety or
        welfare of persons at sea, that finding is to be taken to indicate
        that the person may be unsuitable for engagement as a seaman.

"(2) The following principle is a prescribed principle for the purposes of
subsection 47 (3) of the Act in relation to the exercise of the powers of the
Marine Council under subsection 47 (2) of the Act, namely, that, in respect of
a period considered by the Marine Council in relation to a person, the
character and conduct of the person are such that the person is suitable for
engagement as a seaman.".