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Part I.

Reg. 3.

Definitions.

3. (1) In these Regulations, unless the contrary intention appears—

“Certificate” means a Certificate of Competency as Master or Mate (as the case may be) granted under the Navigation Act, or the Merchant Shipping Act, or any State Act, or, in respect of the certificates specified in Appendix K, by the Government of any British Dominion or Possession mentioned in that Appendix.

“Fore-and-aft rigged vessel” includes every sailing ship or steamship which is not a square-rigged vessel.

“Home or coasting trade ship” includes every ship engaged in making short voyages within the limits prescribed for limited coast-trade ships by the Navigation Act, or for home-trade ships by the Merchant Shipping Act, or for home-trade or coasting ships by any State Act or any Act of any British Possession.

“Local Examiner” or “Examiners” means Examiner of Masters and Mates at any port in the Commonwealth.

“Principal Examiner” means the Principal Examiner of Masters and Mates for the Commonwealth.

“Pilot” means a person who holds a licence from some competent authority authorizing him to pilot vessels outside harbor and partially smooth water limits.

“River and Bay service” means service in river and bay ships.

“Sailing ship” means a ship furnished with sails as a principal means of propulsion, and includes a ship so furnished with sails and equipped with auxiliary steam or other mechanical power for use during light winds or calms.

“Sailing vessel” has a meaning corresponding with “sailing ship”.

“Sea service”, “served at sea”, “total sea service”, in relation to Foreign-going Certificates, means service performed in Foreign-going or Australian-trade ships or equivalent service in limited coast-trade ships.

“Sea service” served at sea”, “total sea service”, in relation to Limited Coast-trade Certificates, means service performed in ships engaged in the limited coast-trade or in the home or coast trades of Great Britain or any of the Dominions or in the foreign-going trade.

“Square-rigged vessels” includes full-rigged ships, barques, brigs, barquentines, brigantines, and also steam-ships carrying square sails.

“Steam-ship” means a ship using steam or other machinery as a principal means of propulsion.

“Steam vessel” has a meaning corresponding with “steam-ship”.

“Superintendent” means the superintendent at a Mercantile Marine Office under the Navigation Act.

“Voluntary Certificate” means a certificate obtained at a voluntary examination in special subjects not required by the Regulations for Certificates of Competency as Master or Mate, and includes Certificates for “Extra Master”, “Compass Deviation”, “Voluntary Signalling”, “ Passed in Steam”, “Voluntary Sight Test”, “Certificates of Efficiency in Navigation and Seamanship and “Yacht Master”.

Part II.

Regs. 4-9.

(2) Where in these Regulations the word “lower” or “higher” is used as descriptive of any certificate, or grade of certificate, or of the capacity in which the holder of a certificate may serve, the value of that certificate, or grade of certificate, shall be determined, in relation to other certificates, in the manner prescribed in Schedule III.

Part II.—General.

Subjects of examination.

4. Examination for a certificate issued under these Regulations (excepting under Part VI., Division 4), shall be in the subjects of navigation and seamanship.

Times and places of examination.

5. Examinations for certificates shall be held at the times and places set forth in Appendix A, or at such other times and places as the Minister may from time to time direct.

Application for examination.

6. (1) An application for examination shall be made in accordance with Form M. & M.—B, obtainable at any Mercantile Marine Office.

(2) The application, together with the candidate’s discharges and testimonials in proof of service, shall be lodged with the Superintendent at the port where the candidate desires to be examined at least four clear days before the date of examination.

Examination fee.

7. (1) A candidate for examination for a certificate shall pay to the Superintendent the examination fee for that certificate set out in the First Schedule.

(2) If it is found that the candidate is not eligible for examination, the fee paid shall, at his option, be returned to him or placed to his credit until he becomes eligible.

(3) If a candidate offers a gratuity to any official, he shall, apart from any penalty otherwise inflicted, be rejected, and shall be debarred from examination, either at the port where the offence was committed, or at any other Commonwealth port, for a period of twelve months.

(4) Subject to regulation 33 (15) no part of a fee paid for examination for a certificate shall be returned in case of failure.

Proof of British nationality.

8. (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.

(3) If a candidate cannot produce the evidence required by the last preceding sub-regulation, he must furnish, to the satisfaction of the Examiner, other documentary evidence of British nationality.

(4) If any doubt exists as to a candidate’s nationality, the case shall be referred to the Principal Examiner for consideration and his decision in the matter shall be final.

Testimonials.

9. (1) A candidate shall not be admitted to examination unless he first produces testimonials as to experience, ability and conduct in accordance with this regulation.

Part II.

Regs. 10-14.

(2) The testimonials shall be signed by the master or owner of the ship in which the service was performed, and shall be such as to prove, to the satisfaction of the Examiner, the sobriety, experience, ability and general good conduct of the candidate for at least the twelve months of service immediately preceding the date of application for examination.

(3) All breaks in service shall be properly accounted for to the satisfaction of the Examiner.

Special application.

10. (1) In cases where a candidate is in doubt whether his service complies with the 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) to the local Examiner, or if at a port where there is no Examiner, to the Superintendent, and shall pay the prescribed examination fee to the Superintendent.

(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.

(3) In cases where a candidate is still serving under Articles of Agreement, a written statement to that effect, signed by the Master of the ship, and verified by the Superintendent at the port, may be accepted as proof of service under the existing Articles of Agreement.

Penalty for misconduct.

11. A candidate who—

(a) has neglected or refused to join his vessel after having signed articles; or

(b) has deserted his vessel after having joined; or

(c) has been found guilty of gross misconduct on board, shall be required to produce satisfactory proofs of two years subsequent service and good conduct at sea, unless the Director, after having investigated the matter, sees fit to reduce the time.

Physical or mental disability.

12. (1) If, during the progress of an examination, the Examiner becomes satisfied that the candidate is afflicted with physical or mental disabilities such as render him unfit for the proper performance of the duties of a master or officer at sea, he shall immediately discontinue the examination and report the matter to the Principal Examiner.

(2) When an examination has been so discontinued, the examination fee paid by the candidate shall, on application, be returned to him.

Conditions of passing in Navigation.

13. In order to secure a pass in the examination in Navigation prescribed for any certificate in Parts III., IV. and V. of these Regulations, a candidate must—

(a) obtain 75% of the total marks allotted to the problems and written portions of the examination papers prescribed for that certificate which are given him to do;

(b) attain a degree of accuracy in Morse and semaphore signalling of at least 90% when signalling at the speed prescribed for the certificate desired;

(c) give answers in the oral part of the examination that satisfy the Examiner as to the candidate’s ability.

Conditions of passing in Seamanship.

14. In order to pass in the examination in Seamanship, a candidate for any certificate issued under these Regulations must give answers that satisfy the Examiner that the candidate understands and has a thorough knowledge of the parts of the subject prescribed for that certificate and for any certificate of a lower grade.

Part II.

Regs. 15-18.

Conditions of passing voluntary examinations.

15. (1) In order to pass in the examination in Navigation a candidate for an Extra Certificate as Master must obtain 85% of the total marks allotted to the problems and written portions of the examination papers prescribed in Part VI., Division 1, and must satisfy the requirements of regulation 13 (b) and (c) in the signalling and oral parts of the examination; and, in order to pass in the examination in Seamanship, must give answers that prove to the Examiner that the candidate possesses a superior knowledge of the subject.

(2) In order to pass in the examination in Steam a candidate must give answers, both written and oral, which satisfy the Engineer Examiner that the candidate possesses the knowledge of the subject prescribed in Appendix E.

(3) In order to pass in the examination for a Compass Deviation Certificate, a candidate must obtain 85% of the marks allotted to the written part of the examination, and must satisfy the Examiner in the oral and practical examination.

(4) In order to pass for any Voluntary Certificates mentioned in Part VI. of these Regulations, other than those for Extra Master’s, Steam or Compass Deviation Certificates, a candidate must satisfy the requirements of regulations 13 and 14.

Issue of certificates.

16. Upon a candidate obtaining a pass in any of the examinations prescribed in Parts III., IV., V., or VI., of these Regulations, the Examiner shall issue to him an authority in Form M. & M.—EE., authorizing the Superintendent to whom it is addressed to issue the certificate.

Service found to be insufficient.

17. (1) If after a candidate has passed the examination it is discovered that his services were insufficient to have entitled him to receive a certificate of the grade for which he has passed, the certificate shall be withheld from him.

(2) If the Principal Examiner is satisfied that the error in the calculation of the candidate’s services did not occur through any fault of or wilful misropresentation by, the candidate, the fee shall be returned to, or placed to the credit of, the candidate.

(3) If the services of the candidate entitle him to a certificate of a lower grade, such a certificate may be granted to him, and the difference, if any, between the fee paid by him for the higher grade certificate and the fee payable for the lower grade certificate shall be returned to, or placed to the credit of, the candidate.

(4) Where a certificate of a lower grade is issued, in accordance with the provisions of the preceding sub-regulation, the higher grade certificate for which the candidate has passed shall not be granted until he has performed the amount of service in which he was deficient, and has been re-examined in all the subjects of the examination, unless the Director, in his discretion, sees fit to dispense with the re-examination.

Re-examination.

18. (1) If a candidate fails to pass any examination prescribed in these Regulations for a certificate, he shall not be re-examined for that certificate except in accordance with the conditions prescribed by these Regulations.

(2) When the conditions so prescribed have been fulfilled the candidate may make fresh application and pay a further full fee, whereupon he shall be allowed again to present himself for examination.

Part II.

Regs. 19-28.

Failure in English language.

19. If a candidate fails to satisfy the Examiner that he can speak and write the English language sufficiently well to enable him to efficiently perform the duties required of him on board a British vessel, in the position for which he desires a certificate, he shall be refused a certificate and shall not be re-examined until after a lapse of six months.

Failure in Navigation.

20. If a candidate fails in the examination in Navigation, he may present himself at any subsequent examination, but should he fail three times within three months, he shall not be re-examined until after a lapse of three months from the date of the last failure.

Failure in Seamanship.

21. If a candidate fails in Seamanship, he shall not be reexamined until after a lapse of six months, and he may be required to serve the whole or part of this period at sea. The amount of further sea service (if any) to be required shall be determined by the Examiner, having regard to the parts of the subject in which the candidate fails.

Failure in management of square rigged vessels.

22. (1) If a candidate for an Ordinary Certificate fails in seamanship only as regards the management of square-rigged sailing vessels, he may, if qualified as to service, without further formal application or further payment of fee, proceed with the examination for a certificate for steam-ships only, or for fore-and-aft rigged vessels.

(2) This regulation shall also

This is an opening excerpt, not the complete document.