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COl 006.0137
COMMONWEALTH STATUTES
NAVIGATION ACT, 1913.
No.4 of 1913.
An 'Act relating to Navigation and Shipping.
No.4
[Reserved, 24th December,_1912.]
(Royal Assent proclaimed, 24th
October~ 1913.]
BE it enacted by the King's Most Excellent Majesty, the
Senate, and the House of Representatives of the Commonwealth of Australia, as follows :-
,
PART I.-b"TRODUm'ORY.
1 This Act may be cited as the Na1;igation Act 1912, and stto,t title nnd
commenceshall commence on a day to be fixed by proclamation after the ment
King's approval thereto has been proclaimed in the Commonwealth.
2
(1.) This Act shall not apply in relation to any AUBtralian- Application
trade ship, limited coast-trade ship, or river and bay ship, or Act.
her master or crew, unless the ship(a) is engaged in trade or commerce with other couIitrie~
or among the States; or
.
(b) is on the high seas, or in waters which are used by ships
engaged in trade or commerce with other <;lountries
or among the States; or
(c) is in the territorial waters of any Territory which is
part of the Commonwealth.
(2.) This Act shall be read and construed suhject to the
Constitution, and so as not to exceed the legislative power of
the Commonwealth, to the intent that where any enactment
thereof would, but for this sub-section, have been construed
of
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COL006.0138
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(3.) If it appears that any bre.2-"" of this Act !la:; taken placE, the
superintendent .3hall n1ake an indorsement to that effect on t.ile agreement.
168,-(1..) If du.ring the prog::ess of a voyrtge tne master is removed
or slipers\:-cl~d, or fer any Gther re;~son quits tne ship, he shall deliver
to hi.:; Succe:~;2or the 'varioc:.s dUCtllL.ents in hi.:; cus:ody relating to the
navigation of the shii') £!.!ld to tile crew tiJe}'cof.
Pe;lalty: One hn~(b,d pando.
(2.) Hi:; successor shall, illll:"leliur.el.y on a.ssuIIlin.Q the com.nuu:d
of cue Sh.iPI enter in the official log-beok 0. h;:;t of the dt)cutn~nts so
deli"ered to him.
169. The master of an>~ Slllp in port shall: \'lith a.ll conYenie~lt.
despatch, caU3e the body of any person who dies on board toO be
buried on shore.
Penulty: One hundred pounds.
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DI\'ISION 21.-THE LOG.
1'70. -This Di vi3icr.. applies only to sill ps registered in Australia
or en,za eO'!~d in the coastinz tl'~~c18.
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171.-(1.) An official log in ill" vescribecl ~, s,"a.li be kef'G ini orn',,:"'"t,
eYer}' shin~ other than a limited eoast-t:adc shi~) of 1e55 chan fiftvl
b.t' k"VI.,
oI'[~'~'):l0
tons g:oss registered tonnag£> or a river and bay ship.
'. - .
(~.). Forms of officia.l log'books may be different for different
l
c:~~~se~_q~_~~iEs,
~s preBcrl1:~ed.
.3:nd
th~ l~?-:.£i.9.~~~:~s __ ~~_J~e i~e!~.~d ~~_~~~_~n
)fi
shall_ be
-
aJ
(3.) 'r.h;. official loz~y,
t~c di5cr.ec~ion of ~heIllaster W o,,~er,
b~ . ke~~:.~~ln~_.EQ~n, or .~!l~t~~_~lthJ tne ShIp s log, but. so that In
all cases the'spaces in the officiallog'book be duly 1illed up,
(... ) An entry required by this Act in a.n ofr:.ci,.l iog-book shall
be(a) made as soon as p033ible after the oceU1Tence to which it
rei ates ;
(b) made and dated so a3 to show the date of the occurrence and
of the entry respecting it.
Pen~lty: Thirty pounds.
(3.) Ko per30n ahall, more than t\"enty·four hour" aft.8r the arrival
of a 5:1ip at her final pOi·t; of di~charge, make in the official log-book
any eritry of ~ny occurrence which happened before her UrT1,·al.
(6.) Every entry in the oocial leg-book shall be 8igned by the
mast.e:o, and OV the reate or some othel' mernber of tr..e crew and
abc-
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(a) if it is an entry of illr..e,:;sJ in~~uT) or dcat~~br tue Dledical
officer on bOiird (if any); a~:tl
(b) if it,i2 an entry of \yages due to) or of the :"2.1e of tl:c effects c{
a de-eed.secl 5ean~an or appreEtice-by both the n:ate and
some 111£;lnber cI the cp.:nv be.-:ide.s the nlast.eI; and
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COI.0060139
:V avigation.
186
(c) if it is an entry of wages due to a seaman who enters the
King's nayal service-by the seaman, or the officer authorized to receive the seaman into that service
Penaltv (on the master): Ten pounds
(7.) Every entry made in an official log-book in manner provided
by this Act shall be admissible in evidence.
Offenc:,-s ill
reg'1.rd to r:;ffi;::ial
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3. 20 U'.1.
173.-(1.) The master of every foreign-going ship shall, within
fortv-eight hours after the ship's arrival at the Dort of destination in
Australia, or upon the discharge of the crew, whicheyer first happens,
deliyer the official log-book of the voyage to the supel'mtendent.
(2.) The master or owner of eyery Australian-trade or limited
coast-trade ship for which an official log-book i, required to be kept
shall, within twenty-one days after the thirtieth day of June and the
thirty-first day of "Decemb~r in eyery year, transdlit or deliyer the
official log-book for the pr',ceding half-yea;: to some sl1pe,intendent
Dethery of
offici:ll
172. Whoever wilfully destroys or mutilates or renders illegible
any entry in, or wilfully makes a false or fraudulent entry in or
omission from, an official log- book, shall be guilty of an indictable
offence.
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Ib, S. i-l-2.
in a State in ,vhieh the ship plies or trades.
Penalty: Ten pounds.
Transmission ot
Ie!:;.'; and crew
I ~s ts to
sllperinb:nJent.
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174.-(1.) "'ihere for any reason the official log-book or list of the
crew ceases to be required in respeet oT a ship or to be teqrlired at the
sarne date: the rnaster or o\Yner of the ship shall, if the ship is then in
Australia within one month, and if she is elsewhe;:e within six months,
after the eessation transmit to the superintendent a.t, the port to 'which
the ship belonged the official log-book and list of crew (if any) made
UD to the time of the cessation.
"(2.) If a ship is lost or abandoned, the master or owner thereof
shall~ if practicable, and as soon as pas,sible, tra!lsrnit to the superin~
tendent the officiallog~book (if any) duly ll1acle out to the ti;~1'? of the
loss or abandonment.
Penalty (on n1aster or o\yner): Ten pound-::.
1 :75.-(1.) Or: every steam-s~iip or fifty tOllS gross registered
t\f tonnage or over, the chief or only engiileer 2h~1 L:~ep an eagine-room
\ log-book irLtb.ep:ri~,sc~iJ-?~d. t(lnn, and the entries reil'clirecl to be rllade
therein sha.ll be signed by fhe chief engineer and by the engineer
on \vateh at the tilDe of a~1\~ occurrence beiw.1 reeorde.cL 0:', \yhere
there is anI)," one engineer, by him) and shall be count~rsigned by
the master.
Penalty: Five pounds.
(2.) The engine·room log shall be kept under the supernslOn of
the master, and shall be produced when required to a superintendent
or SUTV8vor.
Penaltv: Fiye pounds.
(:3.) N~thing in this section shall affect the duty or liability of the
master in regard to the official log.
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COI0060139_01
4 GEO..
Navigation.
(3.) Deviation tables shall be transmitted and
error register-books shall be kept as prescribed.
Penalty: One hundred pounds.
1913
No.4,
s. 232.
Taking ship to
sea with
unadjusted
compasses.
Ship
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co~pass-'
233 The master of a ship shall not take her to sea, and the
owner of a ship shall not permit her to go to sea, unless the
compasses on the ship have been adjusted as prescribed..
Penalty: Two hundred and fifty pounds..
234 Any ship, the compasses of which have not been
adjusted as prescribed, shall be deemed unseaworthy..
DIVISION S.-BOAT DRILL.
Boat drill.
N . Z.1908,
B.
~02.
235 The master of every ship registered in Australia or
engaged in the coasting trade shall(a) exercise his crew in boat drill in such manner, and at
such intervals, as are prescribed;
(b) enter full~rticulars of each drill in his official logbook.
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Penalty: Fifty pounds.
DIVISION 9.-ANCHORS, CHAIN CABLES, AND GEAR.
236
All anchors and chain cables, exceeding in weight
t::tejob~oIe one hundred and sixty-eight pounds, for use on British ships,
nse.
and all gear used for loading or discharging cargo into or from
any British ship registered in Australia or engaged in the
coasting trade (whether so used on the ship or not) shall be
tested, proved, and marked in the manner prescribed.
AllchorB, chain
. caoles, and
~~:cti:'ble
237
(l.) A maker of or a dealer in anchors or chain cables
t~:~ga~~
who sells or contracts to sell, and any person who purchases
~~t:~'i.~,~able or contracts to purchase, for use on any ship, any chain cable
&2-3 Vic. ft. 23, or any anchor exceeding in weight one hundred and sixtyB13.
eight. pounds, which has not been previously tested proved
and marked in accordance with this Act, shall be guilty of an
Indictable offence.
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(2.. ) Every contract. for the sale of such cable or anchor shall,
InlT1 e III
,
contract alsale. in the absence of any express stipulation to the contrary (proof
lb . SO' 2.
whereof shall lie on the seller), be deemed to imply a warranty
that the anchor or cable before delivery has been or will be
tested proved and. marked in accordance with this Act.
J,icences to
test,.
238 The Minister may grant a licence, subject to the
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