Marine (Examination and Certificates) Regulations

NORTHERN TERRITORY OF AUSTRALIA MARINE (EXAMINATIONS AND CERTIFICATES) REGULATIONS As in force at 2 April 2001 TABLE OF PROVISIONS Regulation PART I – INTRODUCTORY 1. Citation 2. Commencement 3. Interpretation PART II – GENERAL AND PARTICULAR REQUIREMENTS 4. Prescribed qualifications and forms 5. [Repealed] 6. Application of Code 7. Construction of Code 8. Suspension, &c., of certificate 8A. Service of notices PART III – QUALIFYING SERVICE 9. Approved qualifying service 10. [Repealed] PART IV – EXAMINATIONS 11. Applications for examinations 12. Powers of Minister and Director in relation to examinations PART V – APPEALS AGAINST DECISION OF DIRECTOR UNDER PART III OF ACT 13. Application 14. Notice of appeal 15. Amendment of grounds 16. Date for hearing 17. Representation 18. Hearing of an appeal ii SCHEDULE 1 SCHEDULE 2 [Repealed] SCHEDULE 3 Notes Table of Amendments NORTHERN TERRITORY OF AUSTRALIA This reprint shows the Regulations as in force at 2 April 2001. Any amendments that may come into operation after that date are not included. MARINE (EXAMINATIONS AND CERTIFICATES) REGULATIONS Regulations under the Marine Act PART I – INTRODUCTORY 1. Citation These Regulations may be cited as the Marine (Examinations and Certificates) Regulations. (See back note 1) 2. Commencement These Regulations shall come into operation on a date to be fixed by the Minister by notice in the Gazette. (See back note 1) 3. Interpretation In these Regulations, unless the contrary intention appears – "Code" means the Uniform Code and includes appendices thereto; "Schedule" means a Schedule to these Regulations; "section", "clause" or "subclause" mean a section, clause or subclause of the Code; "vessel" means a vessel other than a vessel that is – (a) a hire and drive vessel; (b) a pleasure craft; (c) a commercial vessel that is proceeding on an interstate or overseas voyage; (d) a fishing vessel that is proceeding on an overseas voyage; Marine (Examinations and Certificates) Regulations 2 (da) a fishing vessel that is less than 6.2 metres in length that is operating in conjunction with a mother vessel and is within 5 nautical miles of the mother vessel; (db) a fishing vessel that is less than 6.2 metres in length that is operating within 5 nautical miles of the coast; (e) an off-shore industry mobile unit; or (f) an off-shore industry vessel in respect of which a declaration under section 8A(5) of the Navigation Act is in force. PART II – GENERAL AND PARTICULAR REQUIREMENTS 4. Prescribed qualifications and forms (1) The prescribed qualifications required to be held by an applicant for the issue of a Certificate of Competency under Part III, Division 3 of the Act are those set out in sections 2 and 3. (2) For the purposes of Division 3 of Part III of the Act, a prescribed form is a form approved by the Minister or the Director and available from the office of the Authority. 5. [Repealed] 6. Application Of Code Subject to these Regulations, sections 2 and 3 extend and apply to employment in all vessels. 7. Construction Of Code In construing sections 2 and 3 – (a) the definitions contained in section 1 shall be read subject to the Act and these Regulations; and (b) references to "an Authority", "the Authority" or "that Authority" shall, in relation to the Territory, be read as referring to the Department primarily responsible to the Minister for the administration of the Act. 8. Suspension, &c., of certificate (1) The Director shall, before suspending or cancelling a certificate issued under Part III of the Act or withdrawing recognition of a certificate issued by another authority and recognised for the purposes of that Part – Marine (Examinations and Certificates) Regulations 3 (a) notify the holder of the certificate of the Director's intention to cancel, suspend or withdraw recognition of the certificate; and (b) specify a date by which the holder of the certificate may, by written submission, show cause why the cancellation, suspension or withdrawal of recognition should not take place. (2) The Director may, after considering any submissions made to him or her under subregulation (1), by notice in writing to the holder of the certificate, cancel or suspend, or withdraw recognition of, a certificate. 8A. Service of notices A notice for the purposes of regulation 8 may be given to or served on a person by – (a) delivering it personally to the person; (b) leaving it at the person's usual or last known place of residence with another person, apparently resident at the place; (c) leaving it at the person's usual or last known place of business with another person, apparently in a position of authority at the place; or (d) posting it in a prepaid letter addressed to the person at the person's usual or last known place of residence or business. PART III – QUALIFYING SERVICE 9. Approved qualifying service For the purposes of the Code, "approved qualifying service", "watchkeeping service" and "seagoing service" mean service assessed in accordance with the principles set out in Schedule 3 and sections 2 and 3. 10. [Repealed] PART IV – EXAMINATIONS 11. Applications for examinations (1) An application to sit for an examination and for the issue of a certificate shall be lodged not less than 10 days before the date of the examination. (2) An application shall be accompanied by the prescribed fee. (3) Fees for examinations and the issue of certificates shall be as from time to time determined by the Minister by notice in the Gazette. Marine (Examinations and Certificates) Regulations 4 12. Powers of Minister and Director in relation to examinations (1) The Minister may, by notice in the Gazette – (a) appoint a person to be an examiner; and (b) nominate an institution or organisation to conduct examinations. (2) The Director may – (a) determine the rules under which examinations shall be conducted; and (b) determine the times and places at which examinations shall be conducted. PART V – APPEALS AGAINST DECISION OF DIRECTOR UNDER PART III OF ACT 13. APPLICATION In this Part, "appellant" means a person who may, under section 35 of the Act, appeal against a decision of the Director. 14. Notice of appeal (1) An appeal against a decision of the Director referred to in section 35 of the Act shall be commenced by filing, not later than 28 days after the decision is made, a notice of appeal at the proper venue of the Local Court. (2) A notice of appeal shall – (a) be in Form 1 in Schedule 1; and (b) set out – (i) the decision in respect of which it is brought; (ii) the date on which the decision was made; and (iii) concisely the grounds of appeal. (3) As soon as practicable after filing a notice of appeal the appellant shall serve a copy on the Director. (4) The parties to an appeal shall be the Director and the appellant. 15. Amendment of grounds The Tribunal may give leave to amend the grounds of appeal. Marine (Examinations and Certificates) Regulations 5 16. Date for hearing At the time of filing a notice of appeal the Chief Magistrate within the meaning of the Magistrates Act shall fix a hearing date, insert it in the notice of appeal and return sufficient copies to the appellant. 17. Representation A party to an appeal may appear in person or by an agent authorised in writing by the party. 18. Hearing of an appeal (1) The Tribunal may give such directions as to the hearing of an appeal as it thinks fit. (2) If the person to whom an appeal is addressed fails to attend, the Tribunal may hear the appeal if it is satisfied that the notice was duly served. (3) If an appellant fails to attend, the Tribunal may dismiss the appeal or make such other orders as it thinks fit. (4) If neither party attends, the Tribunal may make such orders as it thinks fit. Marine (Examinations and Certificates) Regulations 6 SCHEDULE 1 FORM 1 NOTICE OF APPEAL Regulation 14(2) In the matter of an appeal pursuant to section 35 of the Marine Act TO: The Tribunal APPLICANT: (Name and Address) RESPONDENT: The Director The appellant appeals against the Director's decision to (set out briefly the substance of the decision of the Director appealed against). Date of decision: Grounds of appeal: (set out specifically the grounds of appeal) Dated: (e.g. 5 September, 19 ) (Signed by appellant) SCHEDULE 2 [Repealed] Marine (Examinations and Certificates) Regulations 7 SCHEDULE 3 Regulation 9 GUIDELINES FOR THE ASSESSMENT OF APPROVED SERVICES A. In determining the qualifying service for a certificate of competency as a Coxswain the following guidelines shall be used – 1. Except as provided by paragraph 2, qualifying service may be performed on any vessel, commercial or non-commercial. 2. Not less than 3 months shall be served on vessels of less than 20 metres in length. 3. Not less than 3 months shall be served on vessels operating within the geographical area for which the certificate will be valid. B. In determining the qualifying service for the issue or revalidation of a certificate of competency as a Master Class V and Mate Class IV the following principles shall be followed – 1. Service shall be on a commercial vessel (i.e. fishing or trading). Commercial vessels include government vessels which employ a suitably qualified master or coxswain. 2. Service on non-commercial vessels (i.e. yachts and naval vessels) may be counted at a rate determined by the Examiner but not more than one-half rate and such that not more than 15 months approved service shall be credited. 3. Notwithstanding the provisions of paragraphs 1 and 2 when a "limited" certificate is to be issued, any service on non-commercial vessels may be accepted at any rate and for whatever proportion of the required service that the Director, on the recommendation of the Examiner, determines. 4. Services shall be performed in a deck capacity (i.e. deck boy, ordinary seaman, seaman or general purpose deckhand). 5. Service in any capacity other than on deck on vessels of less than 35 metres may be counted in full to a maximum of 12 months. 6. Service in any capacity other than on deck on vessels of 35 metres and over may be counted in full to a maximum of 6 months. Marine (Examinations and Certificates) Regulations 8 7. Service in a vessel which operates outside of sheltered water limits may be counted as sea-going irrespective of time actually spent outside the sheltered water limits. 8. Service for a certificate of competency for sea-going limits must include not less than 15 months service on a vessel engaged in sea going operations. The other 15 months may be on vessels operating in any sheltered waters excepting inland waters. 9. Service for a certificate of competency restricted to sheltered waters only shall include not less than 6 months' service on a vessel or vessels operating within the particular sheltered waters for which the certificate will be endorsed. 10. Where a vessel does not operate continuously at sea or there are long periods when the vessel is idle or unemployed in normal duties, any qualifying service claimed for such periods will not be counted. C. In determining approved watchkeeping service for Master Class III and IV the following rules shall apply: 1. Watchkeeping service means that during the whole of the period claimed the candidate must have been in full charge of a navigation watch for not less than 8 hours per day. 2. Where a navigation watch is maintained by 2 officers, the junior officer may count the watchkeeping service performed at two thirds rate to a maximum of one-half of the qualifying watchkeeping service required for any certificate. 3. Watchkeeping service shall be performed in its entirety on sea going vessels. 4. Watchkeeping service on non-sea-going vessels will count only towards a certificate of competency restricted to non-sea-going limits only. Marine (Examinations and Certificates) Regulations 9 Notes 1. The Marine (Examination and Certificates) Regulations, in force under the Marine Act, comprise the Regulations 1982, No. 16 as amended by the other Regulations specified in the following table: Year and number Date made Date notified in the Gazette Date of commencement 1982, No. 16 4 Mar 1982 12 Mar 1982 31 Mar 1982 (a) 1984, No. 9 23 Feb 1984 7 Mar 1984 7 Mar 1984 1991, No. 34 27 June 1991 10 July 1991 28 Aug 1991 (b) 1994, No. 48 30 Nov 1994 14 Dec 1994 14 Dec 1994 2001, No. 6 5 Mar 2001 2 Apr 2001 2 Apr 2001 (a) Regulation 2 of Regulations 1982, No. 16 provides as follows: "These Regulations shall come into operation on a date to be fixed by the Minister by notice in the Gazette.". That date was 31 March 1982 (See N.T. Govt. Gazette No. G12 – 26 March 1982 page 4) (b) Regulation 1 of Regulations 1991, No. 34 provides as follows: "These Regulations shall come into operation on a date to be fixed by the Minister by notice in the Gazette.". That date was 28 August 1991 (See N.T. Govt Gazette No. G34 – 28 August 1991 page 2) Marine (Examinations and Certificates) Regulations 10 Table of Amendments Regulation 3. Amended by 1991, No. 34; 2001, No. 6 4. Amended by 1991, No. 34 5. Repealed by 1991, No. 34 6. Amended by 1991, No. 34 7. Amended by 1991, No. 34 8. Amended by 1984, No. 9; repealed by 1991, No. 34; inserted by 1994, No. 48 8A. Inserted by 1994, No. 48 9. Substituted by 1991, No. 34 10 Repealed by 1991, No. 34 Heading Part V Inserted by 1994, No. 48 13. Inserted by 1994, No. 48 14. Inserted by 1994, No. 48 15. Inserted by 1994, No. 48 16. Inserted by 1994, No. 48 17. Inserted by 1994, No. 48 18. Inserted by 1994, No. 48 Schedule 1 Repealed by 1991, No. 34; inserted by 1994, No. 48 Schedule 2 Repealed by 1991, No. 34