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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This 1923 regulation establishes a formal licensing system for marine engineers on Australian and British Empire ships—different grades cover small craft to ocean-going vessels and steam or motor engines. It affects engineers, naval converts, apprentices, and ship operators by requiring specified workshop and sea service, good-character testimonials, nationality proof, and exams in practical maths and engineering. The scheme raises safety and competence standards at sea.
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Direct links to the current provisions in Navigation (Examination of Engineers) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1923. No. 88.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Navigation Act 1912-1920, to come into operation on and from the first day of October, 1923.
Dated this fourth day of July, 1923.
FORSTER,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Minister of State for Trade and Customs.
NAVIGATION (EXAMINATION OF ENGINEERS) REGULATIONS.
Short title.
1. These Regulations may be cited as the Navigation (Examination of Engineers) Regulations.
Parts.
Part I.—Preliminary.
Part II.—General Provisions.
Part III.—Qualifications for, and Subject of, Examinations.
Division 1.—Coast Engineers’ Certificates.
Division 2.—Second and First Class Engineers’ Certificates valid within the British Empire.
Division 3.—Marine Engine-drivers’ Certificates.
Part IV.—Workshop and Sea Service.
Part V.—Rules for the Conduct of Examinations.
Definitions
“Boilers and Machinery” includes engines and everything connected therewith employed in propelling a ship, and every description of machinery used on a ship for the purposes of the ship or her cargo, and all other apparatus or things attached to or connected therewith, or used with reference to any engine or under the care of the engineer;
“Certificate” means a Certificate of Competency issued under the Act or by the Board of Trade of the United Kingdom, or by a British Possession under Order in Council in accordance with the provisions of the Merchant Shipping Act;
C.16427/21.—Price 1s. 3d.
Certificates are designated “Ordinary” or “Motor” according to whether they relate to service in steam-ships or motor ships.
“On regular watch” means on watch for at least eight hours each day;
“the Act” means the Navigation Act 1912-1920.
Part II.–General Provisional.
Time and place of examinations.
Applications for examinations.
(2) Subject to regulation 16, the form, properly filled in, and accompanied by the candidate’s certificate of apprenticeship, testimonials, and discharges, shall be lodged with the Superintendent at the port where the candidate desires to be examined at least four clear working days before the date of examination.
(3) The forms shall be obtainable from the Superintendent in any port in which examinations are held.
Gaps in service.
7. Before the acceptance of any application, the Superintendent shall satisfy himself that there are not any gaps in a candidate’s service, during which his conduct is not properly accounted for.
Calculation of service.
(2) The number of complete months from the commencement of the period, ascertained in this way, shall be computed, after which the number of odd days shall be counted.
(3) The day on which the 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.
(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.
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 testify 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 for how long he was so engaged (see regulations 54, 55).
Testimonials: Sea service.
(2) No application shall be accepted in any case where the applicant does not produce satisfactory testimonials for at least the last eighteen months’ service at sea preceding the date of application to be examined.
(3) The testimonials shall be signed by the Master and Chief Engineer, or in the case of testimonials to Chief Engineers, by the Superintending Engineer, and shall clearly state whether the applicant was on regular watch, and in regular charge of a watch on the main engines or boilers, and also, if not engaged on both engines and boilers, the length of time he served on each separately.
(4) It is desirable that testimonials of candidates shall be indorsed by the Superintending Engineer. If in any case testimonials appear to have been withheld for improper or inadequate reasons, full particulars shall be reported by the Deputy Director to the Director.
Additional provisions as to testimonials.
Provided that in every such instance the testimonial shall state either that the facts set forth are in accordance with reports made by the Chief Engineer or the Master, as the case may be, or that the facts therein set forth are within the writer’s personal knowledge.
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 the Minister may, after investigating the matter, direct that a shorter period of extra service and good conduct may be accepted.
Physical defects.
(2) When the modified testimonials are such as to completely 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 must be referred to the Director. Candidates afflicted with nervous impediment to speech may write their answers to vivâ voce questions.
Proof of 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 of a lower grade which has been granted to the candidate under these Regulations.
17. (1) If a candidate cannot produce the evidence required by the last preceding regulation, he may furnish, to the satisfaction of the Examiner, other documentary evidence of British nationality.
(2) If any doubt exists as to the candidate’s nationality, the case shall be referred to the Principal Examiner of Engineers for consideration and his decision in the matter shall be final.
Value of certificates.
18. (1) Until the 1st January, 1924, Ordinary Certificates shall entitle the holders to go to sea, in the grades certified, as Engineers of any vessels in the British Mercantile Marine. After that date they shall not be available for service in ships propelled by internal combustion engines unless indorsed for the purpose, as provided for in regulation 31.
(2) Motor Certificates shall entitle the holders to go to sea, in the grades certified, as Engineers of any vessels in the British Mercantile Marine propelled by internal combustion engines using oil, spirit, gas or other similar motive agent; but they are not available for service in steam-ships unless indorsed for the purpose, as provided for in regulation 31.
(3) Extra First Class Certificates are of the highest grade recognised by the Board of Trade, and are granted, after voluntary examination, to holders of First Class Ordinary Certificates, or Indorsements, who are desirous of proving their superior qualifications. Extra First Class Certificates shall be indorsed for Motor service in the circumstances indicated in regulation 31.
Colonial local certificates.
19. (1) The holder of a Colonial Certificate of Competency not granted under the Merchant Shipping Act, or of a Certificate granted after examination on board one of His Majesty’s Ships, who wishes to be examined for a Board of Trade Certificate of the same grade, shall prove that he has performed the amount of service required by these Regulations for that grade, and complied with the conditions laid down as to testimonials.
(2) All Colonial Certificates of Competency, whether local or issued under Order in Council, shall be given up before a further Certificate is issued by the Board of Trade.
Certificates of service.
(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 watch-keeping service is also entitled without examination to a Certificate of Service as Second Class Engineer.
Examination of engine-room artificers.
Application by Naval Officers.
(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 Marine, to be forwarded either through their Commanding Officers or through the Admiralty. Men who are still serving in these ratings in the Royal Navy or the Royal Australian Navy shall make their applications through their Commanding Officers.
(3) Applications from Officers of the Royal Australian 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 of the Naval Board, and in the case of Officers who are on half-pay, or who have retired, direct to the Secretary to the Naval Board, who in either case shall forward the applications to the Director of Navigation.
(4) Artificer Engineers, however, being Warrant Officers, shall make their applications in the same manner as that laid down for other Officers of the Royal Navy or the Royal Australian Navy.
Foreign service.
(2) The production, however, of those proofs shall not of necessity be deemed sufficient, but each case shall be decided on its own merits and
if the sufficiency of the proofs given appears to be at all doubtful, the point shall be referred to the Director for his decision.
Issue of certificates.
(2) If a candidate fails at the examination he shall be notified in accordance with Form E.P., and he shall have his testimonials and certificate, if any, returned to him.
Service found to be insufficient.
(2) If the Principal Examiner is satisfied that the error in the calculation of the candidate’s services did not occur through any fault or wilful misrepresentation on the candidate’s part, he may either have the fee returned to him or have it placed to his credit.
(3) Should the candidate’s services entitle him to a certificate of a lower grade, it may be granted to him, and the difference, if any, between the fee paid by him for the superior certificate and the fee payable f
This is an opening excerpt, not the complete document.