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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations set the rules for who may qualify as ship masters and officer mates in Australia: the required sea service, how different kinds of service count, the certificate grades for international, coastal and inland vessels, the examination and practical assessment regime, and routes for recognizing naval or foreign qualifications. They affect seafarers seeking command or officer roles and ensure competence in navigation, safety, and ship handling.
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Direct links to the current provisions in Navigation (Examination of Masters and Mates) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1964. No.34
REGULATIONS UNDER THE NAVIGATION ACT 1912-1961.*
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 Navigation Act 1912-1961.
Dated this Sixth
day of March ,1964.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
NAVIGATION (EXAMINATION OF MASTERS AND MATES) REGULATIONS.
Part I.—Preliminary.
Citation.
Parts.
Part I.—Preliminary (Regulations 1-7).
Part II.—Qualifications for Examination for Certificate as Extra Master (Regulation 8).
Part III.—Qualifications for Examinations for Certificates as Masters and Mates of Foreign-going Ships.
Division 1.—Second Mate of a Foreign-going Ship (Regulations 9-11).
Division 2.—First Mate of a Foreign-going Ship (Regulations 12-16).
Division 3.—Master of a Foreign-going Ship (Regulations 17-21).
Part IV.—Qualifications for Examinations for Certificates as Masters and Mates of Limited Coast-trade Ships.
Division 1.—Second Mate of a Limited Coast-trade Ship Regulations 22-24).
Division 2.—First Mate of a Limited Coast-trade Ship (Regulations 25-27).
Division 3.—Master of a Limited Coast-trade Ship (Regulations 28-32).
* Notified in the Commonwealth Gazette on 6th March , 1964.
2620/63.—Price 5s. 6d. 16/11.2.1964.
Part V.—Qualifications for Examinations for Certificates as Masters and Mates of River and Bay Ships.
Division 1.—Mate of a River and Bay Ship (Regulations 33-35).
Division 2.—Master of a River and Bay Ship (Regulations 36-39).
Part VI.—Examinations (Regulations 40-51).
Part VII.—Certificates (Regulations 52-57).
Repeal.
Easting certificates to continue in force.
Interpretation.
5.—(1.) In these Regulations, unless the contrary intention appears—
“Australian coastal voyage” means a voyage between places on the Australian coast where the most distant ports visited, by the shortest sea route, are less than one thousand miles apart;
“candidate” means a candidate for an examination under these Regulations for a certificate of competency;
“examiner” means a person appointed under regulation 44 of these Regulations to conduct examinations under these Regulations, and includes the Principal Examiner;
“fore-and-aft rigged sailing ship” means a ship, other than a square-rigged sailing ship, that uses sails as the principal means of propulsion, and includes such a ship that is equipped with auxiliary steam or other mechanical power;
“foreign-going voyage” means—
(a) a voyage between places on the Australian coast where the most distant ports visited, by the shortest sea route, are not less than one thousand miles apart;
(b) a voyage between a place or places in Australia and a place or places outside Australia; or
(c) a voyage between a place or places of a country outside Australia and a place or places of another country outside Australia;
“miles” means Admiralty nautical miles;
“naval officer” means an officer in the navy of a Commonwealth country;
“river and bay limits” means the limits of a port, bay or river in Australia;
“sailing ship” means a square-rigged sailing ship or a fore-and-aft rigged sailing ship;
“sea-going voyage” means a voyage extending outside smooth water limits;
“square-rigged sailing ship” means a ship, furnished with square-rigged sails, that uses sails as the principal means of propulsion, and includes such a ship that is equipped with auxiliary steam or other mechanical power;
“the Act” or “the Navigation Act” means the Navigation Act 1912-1961;
“the Ministry of Transport” means the United Kingdom Ministry of Transport;
“the Principal Examiner” means the person for the time being holding or performing the duties of the office of the Commonwealth Principal Examiner of Masters and Mates;
“the repealed Regulations” means the Regulations repealed by regulation 3 of these Regulations.
(2.) A reference in these Regulations to a Schedule by number is a reference to the Schedule so numbered to these Regulations.
(3.) A reference in these Regulations to a form by number is a reference to the form so numbered in the Twelfth Schedule.
Qualifying sea service.
6.—(1.) For the purposes of these Regulations, “qualifying sea service”, in relation to a candidate, means service calculated in accordance with the appropriate part of the Third Schedule that is applicable to him, taking into account the relative value of the capacity in which he performed that service as specified in the Second Schedule, and includes service considered by the Principal Examiner to be the equivalent of the qualifying sea service required under these Regulations for the certificate of competency for which he is a candidate.
(2.) Notwithstanding the provisions of the Third Schedule, qualifying sea service in relation to a candidate for the examination under these Regulations for a certificate of competency as master or mate of a river and bay ship may be performed in any class of ship.
(3.) Where a candidate has served a period of qualifying sea service as calculated in accordance with the Third Schedule and, in relation to that qualifying sea service, further qualifying sea service is required as prescribed by that Schedule, the candidate shall not be regarded as having completed his period of qualifying sea service as required by these Regulations for the certificate of competency for which he is a candidate unless he serves that further qualifying sea service.
(4.) A candidate for an examination under these Regulations for a sub-grade of a certificate of competency in the title of which is a reference to a square-rigged sailing ship or a fore-and-aft rigged sailing ship shall, as
part of or in addition to the qualifying sea service required of a candidate for that examination, have performed a period of not less than twelve months’ service in the aggregate in a square-rigged sailing ship or a fore-and-aft rigged sailing ship, as the case requires according to the type of certificate for the examination of which he is a candidate.
(5.) Any testimonials for sea service in a foreign ship shall be confirmed—
(a) by a diplomatic or consular officer of the country to which that ship belonged;
(b) by some other official authority of that country; or
(c) by the testimony of another credible person having personal knowledge of the facts required to be established.
(6.) Sea service by a candidate whose service has been performed in a ship in a capacity other than apprentice, cadet, midshipman, deck boy, ordinary seaman, efficient deck hand, able seaman, quartermaster, boatswain, deck officer or master shall not be regarded as qualifying sea service unless the candidate produces a certificate, satisfactory to the Principal Examiner, from the master of the ship that he performed deck duties in addition to his own particular duties for a reasonable proportion of time each day throughout the whole of the voyage comprising the sea service.
(7.) Service shall not be taken into account for the purpose of calculating qualifying sea service unless the candidate produces a report, certificate or testimonial, satisfactory to the Principal Examiner, testifying to the capacity in which he served and to his ability and general good conduct in the performance of that service.
(8.) Service in a school referred to in the Third Schedule shall not be taken into account for the purpose of calculating qualifying sea service unless the candidate produces a certificate from the school authorities relating to his attendance, conduct and proficiency at the school.
(9.) Where an apprentice, midshipman or cadet, whether bound by indentures or not, is promoted to be an uncertificated junior officer in the same company during his final year as apprentice, midshipman or cadet, his service as such a junior officer shall, for the purpose of calculating his qualifying sea service, be treated as service as an apprentice, midshipman or cadet, as the case may be.
Qualifying watch-keeping service.
7.—(1.) For the purposes of these Regulations, “qualifying watch-keeping service”, in relation to a candidate, means service as an officer in a ship of not less than fifteen tons gross register carrying a duly certificated master while the candidate is in charge, or in effective charge, of a watch with responsibility for the watch for not less than eight hours out of every twenty-four hours’ service claimed, and includes that type of service while occasionally supervised by a senior officer.
(2.) The qualifying watch-keeping service of a candidate shall be calculated in accordance with the appropriate part of the Fourth Schedule that is applicable to him.
(3.) For the purposes of calculating qualifying watch-keeping service under these Regulations—
(a) service next in seniority to the master shall be counted as equivalent to service as first mate; and
(b) service as junior or auxiliary first mate or as first mate under a chief officer shall be counted as equivalent to service as the second of three watch-keeping officers.
(4.) Service in a capacity lower than the first watch-keeping officer on a regular run between neighbouring ports during which less than two watches is kept does not count as qualifying watch-keeping service for a candidate for a certificate of competency as master of a foreign-going ship.
(5.) Service in a sailing yacht, in a power-driven yacht or service in a trawler or other deep-sea fishing vessel or pilot vessel, does not count as qualifying watch-keeping service for a candidate for a certificate of competency as master or first mate of a foreign-going ship.
(6.) Service in a power-driven hopper barge does not count as qualifying watch-keeping service for a candidate for a certificate of competency as master of a foreign-going ship or as master of a limited coast-trade ship.
(7.) Service by an executive officer in the Naval Reserve of a Commonwealth country does not count as qualifying watch-keeping service unless he produces a report on his service from his commanding officer that is satisfactory to the Principal Examiner.
(8.) Service by a candidate for admission to an examination under these Regulations for a certificate of competency as master or first mate of a foreign-going ship does not count as qualifying watch-keeping service unless—
(a) he produces a certificate of that service in accordance with Form 1, or a certificate considered to be the equivalent by the Principal Examiner, signed by the master of the ship, or masters of the ships, in which he has served during the period of watch-keeping service claimed; or
(b) he is exempted by the Principal Examiner from producing a certificate of his service as provided in the last preceding paragraph.
Part II.—Qualifications for Examination for Certificate as Extra Master.
Prescribed qualifications.
Part III.—Qualifications for Examinations for Certificates as Masters and Mates of Foreign-going Ships.
Division 1.—Second Mate of a Foreign-going Ship.
Prescribed qualifications.
Age of candidates.
Qualifying sea service.
11.—(1.) A candidate shall have served a period of not less than four years’ qualifying sea service.
(2.) Notwithstanding anything contained in the last preceding sub-regulation, a candidate who was an apprentice, midshipman or cadet shall be regarded as having served the period of four years’ qualifying sea service under that sub-regulation if he has served on board ship for not less than three-quarters of so much of that period of four years that remains after taking into account any qualifying sea service that was not performed by him at sea.
Division 2.—First Mate of a Foreign-going Ship.
Prescribed qualifications.
Candidate to have second mate certificate.
13.—(1.) Subject to the next succeeding sub-regulation, a candidate shall hold a certificate of competency of a foreign-going ship not lower than second mate.
(2.) A candidate from a country other than Australia who obtained from that country a certificate of competency that is, in the opinion of the Principal Examiner, equivalent to a certificate of competency as first mate of a foreign-going ship under these Regulations may, if he is qualified under the provisions of these Regulations other than the last preceding sub-regulation for admission to the examination for a certificate of competency as first mate of a foreign-going ship, be so admitted to that examination without first being examined in the subjects, other than the subject of English, of the prescribed examination for a certificate of competency as second mate of a foreign-going ship.
Age of candidates.
Qualifying sea service.
Qualifying watch-keeping service.
16.—(1.) Subject to this regulation, a candidate shall have performed as part of his qualifying sea service under the last preceding regulation a period of not less than one year’s qualifying watch-keeping service.
(2.) For the purposes of this regulation and Part I. of the Fourth Schedule, a candidate from a country other than Australia who may be admitted to the examination for a certificate of competency as first mate of a foreign-going ship under sub-regulation (2.) of regulation 13 of these Regulations shall have obtained watch-keeping experience that is, in the opinion of the Principal Examiner, equivalent to qualifying watch-keeping service under the last preceding sub-regulation.
Division 3.—Master of a Foreign-going Ship.
Prescribed qualifications.
This is an opening excerpt, not the complete document.