Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (MASTER AND SEAMEN) REGULATIONS (REPEAL) 1993 NO. 150

STATUTORY RULES 1993 No. 150

Issued by authority of the Minister for Transport and Communications

Navigation Act 1912

Navigation (Master and Seamen) Regulations (Repeal)

Navigation (Distressed Seamen) Regulations (Repeal)

Subsection 425 (1) of the Navigation Act 1912 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

The Navigation (Master and Seamen) Regulations (Repeal) repealed the Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations (Repeal) repealed the Navigation (Distressed Seamen) Regulations.

The Navigation (Master and Seamen) Regulations prescribed the following matters:

•       the form of an Agreement under section 46 of the Act setting out the terms of engagement of a seamen as a member of the crew of a ship;

•       minimum age for employment at sea for the purposes of section 48A of the Act

•       certificate of discharge for the purposes of paragraph 61(a) of the Act

•       allotment notes for the purposes of paragraph 70 (3) (a) of the Act

•       account of wages for the purposes of subsection 76(1) of the Act

•       account of wages of seamen left on shore for the purposes of paragraph 148C(1)(a) of the Act

•       a log-book relating to money and effects of deceased seaman for the purposes of section 150 of the Act

•       investment of moneys of deceased seamen for the purposes of subsection 156(3) of the Act

•       search of ships for the purposes of paragraph 164(2) (b) of the Act

•       particulars of crews for the purposes of section 165 of the Act

•       entries and signatures to entries in an official logbook for the purposes of subsection 171(1) of the Act

•       entries relating to births, deaths, etc. in a log-book for the purposes of paragraph 417(1)(d) of the Act

•       a certificate of service as a seaman.

The Navigation (Distressed Seamen) Regulations prescribed the following matters:

•       relief and maintenance for distressed seamen

•       board and lodging, clothing, etc.

•       repatriation of distressed seamen

•       proper return port of a distressed seaman

•       passage on certain Australian ships for distressed seamen

•       duties of the master on the termination of passage

•       payment for passage on an Australian ship

•       passage on ships other than Australian ships

•       payments by proper authorities en route

•       medical certificates

•       an allowance for rescued seamen

•       an allowance for insane seamen

•       repatriation to ports in home country, etc.

•       a certificate of expenses incurred by the Commonwealth

•       the recovery of expenses incurred by the Commonwealth.

Under subsection 425(1AA) of the Act, the Australian Maritime Safety Authority has power to make orders with respect to matters in Part II (sections 9A-174) of the Act in relation to which provision may be made by regulations. Part II of the Act makes provision in relation to Masters and Seamen.

The Navigation (Master and Seamen) Regulations and the Navigation (Distressed Seamen) Regulations were replaced with Marine Orders Part 53, Employment of Crews. Issue 1, with effect from 1 July 1993, in accordance with the policy pursued since February 1981 to incorporate the detailed subordinate requirements of the Act in Marine Orders. it was therefore necessary to repeal those Regulations.

The repealing Regulations commenced on 1 July 1993.