• Lawyers in Sydney
• Lawyers in Melbourne
• Lawyers in Brisbane
• Lawyers in Perth
• Family lawyers
• Employment lawyers
• Criminal lawyers
• Wills and estates lawyers
• Find a lawyer

“Service on regular watch” means officers’ watch-keeping service on main propelling machinery for at least eight hours each day, but does not include time spent on clerical work, or on fitting or overhauling machinery, either on regular watch or on day work;

“The Act” means the Navigation Act 1912-1926 and includes any Act amending or in substitution for that Act;

“Schedule” means a Schedule to these Regulations.

part ii.—general provisions.

Service not verified.

4. Subject to regulation 5, service which cannot be verified by proper entries in the Articles of Agreement of the ships in which the candidates have served shall not be counted for qualifying purposes under these Regulations.

Ships not articled.

5. Service in ships which do not take out Articles of Agreement shall, before being counted for qualifying purposes under these Regulations, be substantiated by documentary proof to the satisfaction of the Principal Examiner.

Time and place of examinations.

6. Examinations for certificates shall be held at the times and places set forth in Schedule 10, or at such other times and places as the Director may from time to time direct.

Applications for examinations.

7. (1.) A candidate for examination shall make application in accordance with Form E.—A.

Time of lodgment.

(2.) (a) The form of application for examination, properly filled in, shall be accompanied by—

i. The candidate’s original certificate of apprenticeship,

ii. testimonials,

iii. discharges, and

iv. other necessary documents,

and, subject to sub-regulation (3) of this regulation, shall be lodged with the Superintendent of the Mercantile Marine Office, hereinafter called the Superintendent, at the port where the candidate desires to be examined at least four clear working days before the date of examination, excepting in the case of Extra First Class Engineer and Motor Engineers, for which notice as prescribed by regulation 50 is to be given.

(b) A candidate shall also supply a copy of each of the documents specified in sub-paragraphs (i), (ii), and (iv) of the last preceding paragraph.

(c) A candidate who has previously failed at an examination in the Commonwealth and has been issued with Notice of Failure in accordance with Form E.—S shall attach that form to his form of application for examination.

Application at different port to examination.

(3.) A candidate may, if he satisfies the Superintendent that he has sufficient reason for so doing, lodge an application at one examination port to sit for his examination at another examination port within the Commonwealth. In such cases the application shall be lodged at least six clear working days before the date of the examination.

Gaps in service.

8. (1.) Before the acceptance of any application for examination, the Examiner shall satisfy himself that there are not any gaps in a candidate’s service during which his conduct is not properly accounted for, and if the conduct of an applicant during any such gaps is not so accounted for the Examiner may decline to accept the application.

(2.) The Examiner shall not examine a candidate unless his testimonials and other documents required by these Regulations are in order. In cases where the Examiner considers that a hardship would be inflicted upon a candidate by refusal to examine him, the Examiner shall refer the case to the Principal Examiner who will decide the matter.

Calculation of service.

(3.) The candidate’s service, as shown on his discharges, shall be reckoned by the calendar month.

(4.) The number of complete months from the commencement of the period shall be computed, after which the number of odd days shall be counted.

(5.) The day on which an agreement commences, as well as that on which it terminates, shall both be included, and all odd days shall be added together and reckoned at 30 to the month.

Special application.

9. (1.) In cases where a candidate is in doubt whether his service is such as may be taken into account for the purposes of these Regulations, and wishes to submit his case for special consideration, he shall submit his discharges, testimonials, certificates (if any), and form of application (properly filled in) (including copies as required under regulation 7(2) ) to the local Examiner, or if at a port where there is no Examiner, to the Superintendent, and shall pay the prescribed examination fee.

(2.) If necessary, the local Examiner or Superintendent, as the case may be, shall forward the papers with his observations to the Principal Examiner, who may either deal with the case or bring it before the Director.

Age of candidate.

10. Where any doubt exists as to the age of a candidate, he shall be required to produce a certificate of birth or baptism, or other satisfactory evidence of age.

Testimonials: Shore service.

11. (1.) All candidates shall produce, in addition to the official discharge certificates, testimonials as to their workshop service and as to their service at sea.

(2.) The testimonials as to workshop service shall be signed by the employer, and shall certify to the candidate’s conduct and ability, and state what kind of work he was engaged on (e.g., fitting, erecting, or as the case may be), and the period for which he was so engaged.

Testimonials: Sea service.

12. (1.) For the purposes of these Regulations it is necessary that testimonials as to service at sea shall testify to the applicant’s sobriety, experience, ability, and general good conduct, and shall cover the whole of the applicant’s sea service.

(2.) No application shall be accepted in any case where the applicant does not produce satisfactory testimonials covering the period of service prescribed as necessary for the class and grade of certificate sought.

Signatories of testimonials.

(3) Every applicant shall, for the purposes of these Regulations, produce testimonials in respect of the qualifying period of his service signed, in each case, by the Chief Engineer under whom his services have been performed, stating his actual rank on watch, the nature of the duties performed by him, and the number of engineers simultaneously on watch on the main propelling machinery, and that he has been on regular watch for at least 8 hours per day.

(4.) Each testimonial shall be endorsed by the Master of the vessel or by the Superintendent Engineer. Subject to regulation 13 (1), testimonials signed only by the Company Superintendent or other official, cannot be accepted.

Additional provisions as to testimonials.

13. (1.) Where, for any sufficient reason, a testimonial by a Chief Engineer cannot be submitted, a testimonial (if obtainable) by the Superintendent Engineer of the company, or person owning the vessel, and any other documentary proof of service available, shall accompany the application.

(2.) The acceptance or rejection of testimonials submitted under this regulation shall be at the discretion of the Principal Examiner.

Penalty for misconduct.

14. Any candidate who, after having signed articles, has failed or refused without reasonable cause to join his ship, or who has deserted his ship, or who has been found by a Court of Marine Inquiry guilty of gross misconduct on board, shall, before being examined, produce satisfactory proof of two years’ subsequent service and good conduct at sea:

Provided that in special cases the Director may, after investigating the matter, direct that a shorter period of extra service and good conduct be accepted.

Physical defects.

15. (1.) The testimonials of candidates who are deaf, or who are labouring under any other obvious physical defect, shall contain specific reference to such defect, and shall indicate whether it in any way interferes with the efficiency of the candidate as an engineer on watch.

(2.) When the testimonials are such as completely to satisfy the Examiner that the defect is not such as to interfere with the efficient discharge of the applicant’s duties as engineer, the examination may proceed, otherwise the case shall be referred to the Principal Examiner.

British nationality.

16. (1.) A candidate for a certificate shall not be admitted to examination unless he first produces satisfactory proof that he is a British subject.

(2.) Proof of nationality may be made by the production of—

(a) the candidate’s birth certificate or a properly certified copy thereof; or

(b) the candidate’s certificate of naturalization; or

(c) a certificate of competency granted to the candidate under the Navigation Act in respect of a grade lower than that in respect of which the candidate seeks examination.

Proof of nationality where direct evidence not available.

17. (1.) “Where a candidate cannot produce the evidence specified in the last preceding regulation, British nationality may be proved by such other documentary evidence as the Examiner deems sufficient.

(2.) Where in the opinion of the Examiner any doubt exists as to the candidate’s nationality, the case shall be referred to the Director for consideration and his decision in the matter shall be final.

Value of certificates and corresponding endorsement.

18. (1.) Subject to the next succeeding sub-regulation, ordinary certificates of competency shall not entitle the holders to act as engineers in ships propelled by internal combustion engines, unless endorsed for that purpose, as provided for in these Regulations.

(2.) The holder of an ordinary certificate of competency may act as Engineer on a ship propelled by internal combustion engines if he also holds a temporary permit issued by the Director of Navigation under regulation 19 of these Regulations, or by the Board of Trade of the United Kingdom, or by some other authority recognized by the Minister.

(3.) Motor Certificates shall entitle the holders to go to sea, in the grades certified, as Engineers of any British ship propelled by internal combustion engines using oil, spirit, gas or other similar motive agent; but such certificates shall not entitle the holder to serve in steamships unless the certificates are endorsed for the purpose, as provided for in regulation 29.

(4.) Extra First Class Certificates may be granted, after voluntary examination, to holders of First Class Ordinary Certificates, or Endorsements. Extra First Class Certificates shall be endorsed for Motor service in the circumstances indicated in regulation 29.

Temporary permit.

19. (1.) The Director of Navigation may issue to the holder of an ordinary certificate of competency a temporary permit to act as engineer on a motor ship, subject to compliance with the following conditions:—

(i) An application for the permit shall be made by the owner of the ship concerned to a Deputy Director of Navigation at least two weeks before the permit is required.

(ii) The application shall state:

(a) As regards the ship—the name, official number (if registered), or, if not registered, the builder’s number; and

(b) As regards the Engineer—his name, the rank in which he is to serve, the grade and number of his certificate of competency, and a statement giving the general extent of his workshop and sea service on both steam and internal combustion engines, and, in particular, the nature and amount of his experience (whether in the works or at sea) of the type of internal combustion engines installed in the ship.

(iii) The Deputy Director shall obtain from the local Examiner of Engineers a report as to the efficiency and ability of any applicant for a permit under this regulation.

(2.) A permit under this regulation shall be issued for a period of not more than twelve months.

(3.) The Director may, in special circumstances, extend the permit for further periods not exceeding twelve months.

(4.) This regulation shall be deemed to have come into operation on the 1st day of June, 1924.

Certificates of Service—Engineer officers, R.N., R.A.N., R.I.M.

20. (1.) An officer who has attained the rank of Engineer Lieutenant or Engineer Sub-Lieutenant in His Majesty’s Navy or in the Sea-going Naval Forces of the Commonwealth, or in the Royal Indian Marine, and who is qualified by his practical engineering training and watchkeeping service for such certificate, is entitled, without examination, if an Engineer Lieutenant, to a Certificate of Service as First Class Engineer, and, if an Engineer Sub-Lieutenant to a Certificate of Service as Second Class Engineer. These officers may be examined for Certificates of Competency under the same conditions as Engineers in the Mercantile Marine.

(2.) An officer who has attained the rank of Chief Artificer Engineer in His Majesty’s Navy or in the Royal Australian Navy and who is qualified by his practical engineering training and watchkeeping service for such certificate, shall be entitled without examination to a Certificate of Service as Second Class Engineer.

Examination of engine-room artificers.

21. Artificer Engineers, Chief Engine-room Artificers, Engine-room Artificers, and Mechanicians in the Royal Navy or in the Royal Australian Navy may be examined for Certificates of Competency under the same conditions as Engineers in the Mercantile Marine.

Note.—Naval Officers.—(1.) The Lords Commissioners of the Admiralty have directed that applications from officers of the Navy for Certificates of Service, or for permission to be examined for Certificates of Competency, shall, in the case of Officers on the Active List, be made through the Commanding Officer to the Secretary to the Admiralty, and, in the case of Officers who are on half-pay or who have retired, direct to the Secretary to the Admiralty.

(2.) It is not necessary for applications of Chief or other Engine Room Artificers and Mechanicians, who have left the Royal Navy or the Royal Australian Navy and who desire to be examined for Certificates of Competency as Engineers in the Mercantile Ma

This is an opening excerpt, not the complete document.