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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1924 regulations set a paperwork-heavy "HR rulebook" for employing seamen on British ships trading in Australian waters, putting maritime superintendents in charge of hiring, pay, discipline and records. They require standardized contracts, crew lists and official logs, mandate fees and prompt final pay, and authorize contract fines for offenses.
A national register and strict reporting deadlines give authorities tight oversight of crew movements and aboard incidents, affecting masters, apprentices and all seafarers on covered vessels.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Navigation (Master and Seamen) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1924. No. 199.
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, hereby make the following Regulations under the Navigation Act 1912-1920, to come into operation forthwith.
Dated this seventeenth day of December, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Navigation (Master and Seamen) Regulations.
Short title.
Application.
s. 10.
General register of seamen.
s. 12.
Indentures of apprenticeship.
s. 34.
Permit to sign articles.
s. 41.
(a) that he is qualified for the position he seeks;
(b) that he is not a deserter from, and does not belong to, any ship then in the port; and
(c) that his certificates of discharge are not at the time being withheld from him under the provisions of section 106a of the Act.
(2) A Permit to sign Articles shall not be required in the case of a person who has not previously served at sea.
Agreement with crew.
s 46. 49.
Provided that in the case of a ship not registered in Australia, and having an agreement made out in accordance with the law of the place where the crew was engaged, single seamen may be signed on such original agreement in lieu of an agreement in the form prescribed by this regulation.
(2) In any case where, by reason of any charter or demise, or for any other reason, the navigation and management of a ship are controlled by some person other than the registered owner, the master shall declare, in the agreement, the name and address of the principal, and whether charterer or otherwise, for whom he is acting in engaging the crew.
Substitutes.
s. 48.
Penalty: Five pounds.
Changes in crew.
s. 52.
Penalty: Five pounds.
Fees, engagements, and discharges.
s. 60.
(2) The master may deduct from the wages of a seaman, at the time of discharge, one half of the amount of the fees for the seaman’s engagement and discharge.
Certificates of discharge
s. 61
(2) When a seaman is engaged at any port, his last discharge, or if he has none, his Permit to Sign Articles, shall be stamped by the superintendent “Re-engaged at (showing name of port)”.
Reports of character.
(2) In cases where the crew are discharged on the termination of the agreement, report as to the conduct, character, and qualifications each seaman shall be made by the master in the form contained in the official log-book and headed “List of Crew and Report of Character.”
Allotment notes.
ss. 70, 73.
(2) An allotment to a Savings Bank shall be drawn in favour of the manager thereof for the time being.
Account of wages.
s. 76.
Final settlement of wages.
s. 78.
(2) The master of an Australian-trade ship or of a limited coast-trade ship of 50 tons gross registered tonnage or upwards shall pay to each seaman, through or in the presence of a superintendent, within one clear day (exclusive of any Sunday or holiday) from the time the seaman lawfully leaves the ship at the end of his engagement, the balance of wages due to him.
Form of release.
s. 80.
(a) in cases where a whole crew is being discharged on the termination of the agreement and the completed agreement is to be retained by the superintendent—in the column headed “Release” in the agreement; and
(b) in other cases both in that column and in Form M. & S.—10.
(2) A release in the form embodied in the agreement or in Form M. & S.—10, signed in accordance with sub-regulation (1) of this regulation, shall be deemed to be the prescribed release within the meaning of section 80 of the Navigation Act 1912-1920.
Voucher as to wages paid.
s. 80 (e).
Decision of questions by superintendents
s. 81.
(2) The form, so indorsed, shall be retained and filed by the superintendent as an official record.
Fines for misconduct.
ss. 111 & 115.
| No. | Offence. | Amount of Fine. |
|---|---|---|
| 1 | Striking or assaulting any person on board or belonging to the ship (if not otherwise prosecuted) | Five shilling |
| 2 | Bringing or having on board intoxicating liquors.......... | Five shillings |
| 3 | Drunkenness—................................ | |
| First offence............................... | Five shilling | |
| Second and for each subsequent offence............. | Ten shillings | |
| 4 | Taking on board and keeping possession of any firearms, knuckle-duster, loaded cane, slung shot, sword-stick, bowie-knife, dagger, or any other offensive weapon or offensive instrument, without the concurrence of the Master—for every day during which a seaman retains such weapon or instrument | Five shillings |
| 5 | Insolent or contemptuous language or behaviour to the Master or Officers, or disobedience to lawful commands, if not otherwise dealt with according to law | Five shillings |
| 6 | Absence without leave and without reasonable cause (if not otherwise dealt with according to law)—for each day on which such absence occurs | Two days’ pay |
(2) If, on account of subsequent good conduct, the master desires to reduce or remit any fine imposed on a member of his crew in accordance with the provisions of this regulation, he may, subject to the approval of the superintendent, make an entry in the official log to that effect, and upon the indorsement of the entry with the approval of the superintendent the fine shall thereupon he reduced or remitted accordingly.
(3) A fine imposed on a seaman under any of these Regulations, duly embodied in his agreement, shall be deducted by the master or owner from the seaman’s wages, and shall, at the time of his discharge, be paid to the superintendent in accordance with section 115 of the Navigation Act.
Wages, &c., of seamen left behind sick, &c., s. 130.
(a) in the case of a ship registered in Australia, or of other British ship proceeding on a voyage to terminate in Australia, deliver to the superintendent, in Form M & S.—1-3, a full and true account of the wages due to the seaman or apprentice, and shall pay such wages to the seaman or apprentice, or to the superintendent, as the case may be, as required by section 130 of the Navigation Act; or
(b) in the case of a British ship not registered in Australia, proceeding on a voyage to terminate outside Australia, deliver to the superintendent, in the British Board of Trade Form G.C.6, a full and true account of the wages due to the seaman or apprentice, and shall pay such wage to the seaman or apprentice, or to the superintendent, as under the provisions of the Merchant Shipping Act may be required; and
(c) in either case, deliver to the seaman or apprentice, or to the superintendent on his behalf, all effects (including, in the case of a seaman, any certificates of discharge held by the master) left by the seaman or apprentice on board the ship.
Search of ships. Signal to heave to.
s. 164.
(2) The signal to be used for the purpose of this regulation shall, be, by day, the flag signal M N of the International Code, or the letter L of the Morse Code (..-.) communicated by long and short blasts of a whistle, and by night the burning of a blue light or flare, followed by the letter L of the Morse Code communicated by long and short blasts of a whistle or by Morse signalling lamp.
List of crew.
Births, deaths and marriages.
s. 166.
(a) As regards every birth—
Place of birth;
Date of birth;
Name (if any) and sex of child;
Name and surname, rank, profession, or occupation of the father;
Same and surname, and maiden surname, of the mother; and
Birthplace, nationality and last place of abode of the father and mother.
(b) As regards every death—
Place of death;
Date of death;
Name and surname;
Sex;
Age;
Bank, profession or occupation;
Birthplace, nationality, and last place of abode; and
Cause of death.
(c) As regards every marriage—
Date of marriage;
Bridegroom—
Christian name and surname;
Age;
Rank, profession or occupation;
Bachelor, widower or divorcee;
Birthplace, nationality and last place of abode;
Names of parents, and rank, profession or occupation of father.
Bride—
Christian name and maiden surname. (In the case of a widow or divorcee the Christian name, surname and maiden surname should be given);
Age;
Spinster, widow or divorcee;
Birthplace, nationality and last place of abode;
Names of parents, and rank, prof
This is an opening excerpt, not the complete document.