No. VI.
A n A c t to amend the law relating to Unseaworthy Ships and the " Navigation A c t
of 1 8 7 1 " and for other purposes. [18th
October, 1881.]
W
H E R E A S the existing law is insufficient to p r e v e n t Ships from
b e i n g sent to sea in an unseaworthy state f r o m Ports and
places in N e w South W a l e s and the lives of seamen are thereby w r o n g ­
fully imperilled
A n d whereas it is e x p e d i e n t to a m e n d in certain
particulars the " N a v i g a t i o n A c t of 1 8 7 1 " and to m a k e p r o v i s i o n for
the granting of certificates t o M a r i n e Surveyors
B e it therefore
enacted b y the Q u e e n ' s M o s t E x c e l l e n t Majesty b y and with the advice
and c o n s e n t o f t h e Legislative C o u n c i l and Legislative A s s e m b l y of
N e w South W a l e s in Parliament assembled and b y the authority of
the same as follows :—•
1. This A c t w h e n specially referred t o m a y b e cited as the
" N a v i g a t i o n L a w A m e n d m e n t A c t of 1 8 8 1 " and the f o l l o w i n g series of
B
Acts
A c t s namely the " Navigation A c t of 1 8 7 1 " ( b e i n g the A c t thirty-fifth
V i c t o r i a n u m b e r seven and hereinafter cited as the " P r i n c i p a l A c t " ) —
the " N a v i g a t i o n A c t A m e n d m e n t A c t o f 1 8 7 3 " ( b e i n g the A c t
thirty-sixth V i c t o r i a n u m b e r t h i r t y ) — t h e " N a v i g a t i o n A c t further
A m e n d m e n t A c t of 1 8 7 9 " ( b e i n g the A c t forty-third V i c t o r i a n u m b e r
thirteen) shall b e read with this A c t and with it m a y b e c o l l e c t i v e l y
cited as the " N a v i g a t i o n A c t s 1 8 7 1 - 1 8 8 1 . "
Unseaworthy
Ships.
2. E v e r y registered o w n e r of a British ship and the a g e n t o f
such o w n e r w h o sends or attempts to send or is party to the sending
or attempting to send such ship t o sea f r o m any port or place in N e w
South W a l e s in so unseaworthy a state that the life o f any person is
likely to be thereby endangered shall b e g u i l t y o f a m i s d e m e a n o u r
B u t the provisions of this section shall b e subject to the f o l l o w i n g
exceptions and in all p r o c e e d i n g s under this or the n e x t f o l l o w i n g
section the Court shall give effect to and b e g o v e r n e d b y the f o l l o w ­
i n g rules—
(1.) I t shall n o t b e an offence under this section to send any ship
to sea under t o w o f a steam-tug or steam-ship for the purpose
of taking such ship t o some port or p l a c e for the express
purpose of b e i n g refitted repaired d o c k e d or b e a c h e d .
(2.) I t shall n o t b e an offence under this section to send or attempt
to send or to b e party to sending a ship to sea b e i n g in an
unseaworthy state as aforesaid w h e n the taking o f such ship
t o sea b y the master w o u l d b e within the saving p r o v i d e d b y
the third section hereof.
(3.) I f the defendant p r o v e that the business of l o a d i n g ballasting
or k e e p i n g such ship in proper order whether as to hull
machinery tackle gear or other e q u i p m e n t whatsoever had
b e e n entrusted t o any m a n a g i n g o w n e r director ship's husband
or other person and if the defendant also p r o v e that he was n o t
p r i v y or party to the particular act or c o n d i t i o n alleged as the
cause o f unseaworthiness he shall b e entitled to an acquittal.
(4.) W h e r e an a g e n t or other person acting under a general or
particular authority from any such o w n e r or from any such
m a n a g i n g o w n e r or director shall load or cause or permit to
b e loaded or ballasted or b e privy to the loading or ballasting
of any such ship in such a manner as to render her unfit t o
p r o c e e d to sea with safety such agent and every such o w n e r
and director shall be j o i n t l y and severally liable under this
section b u t shall b e entitled t o an acquittal if he p r o v e that
the act of such agent or other person was in violation of any
general or special direction in writing g i v e n b y h i m or b y any
of his co-owners to such agent or person and that he had n o
k n o w l e d g e of the act o f such agent or person before the ship
so loaded or ballasted p r o c e e d e d to sea.
(5.) I t shall n o t be necessary in any prosecution under this
section to prove that the defendant gave an express direction
t o take the ship to sea or c o m m i t t e d or attempted to c o m m i t
some act for the purpose of sending the ship to sea b u t the
Court shall presume the a c q u i e s c e n c e o f any such o w n e r or
agent as aforesaid in the sending or taking of the ship to sea
to b e equivalent to an actual sending or taking her t o sea
b y the defendant.
(6.) E v e r y ship loaded so as to immerse w h e n in port the
horizontal line of the disc painted or delineated as hereinafter
provided shall whilst so loaded b e deemed to b e u n s e a w o r t h y
and unfit to p r o c e e d to sea.
(70
(7.) T h e defendant m a y give e v i d e n c e in the same w a y as any
other witness o n his o w n behalf for the purpose o f p r o v i n g
any matter permitted b y this or the n e x t f o l l o w i n g section.
3. E v e r y master o f a British ship w h o k n o w i n g l y takes s u c h
ship t o sea f r o m any port or place in N e w South W a l e s in so
unseaworthy a state that the life of any person is likely to b e thereby
endangered shall b e g u i l t y of a m i s d e m e a n o u r unless he p r o v e s that
he t o o k such ship to sea under circumstances declared b y sub-section one
of the n e x t p r e c e d i n g section h e r e o f n o t to constitute an offence
under that section or unless he proves that the taking o f such ship to
sea was necessary i n order to p r e v e n t her f r o m g o i n g ashore or that it
was impossible t o put the ship in a seaworthy state at such port or
place and that the c r e w consented to his p u t t i n g to sea for the
purpose of refitting repairing d o c k i n g or b e a c h i n g such ship at some
suitable port or place.
4. A n y person c o n v i c t e d o f a misdemeanor under either of the
last p r e c e d i n g sections shall b e liable to such fine n o t e x c e e d i n g one
thousand p o u n d s as the Court m a y a w a r d or t o b e imprisoned w i t h or
w i t h o u t hard labour for any t e r m n o t e x c e e d i n g three years or (if the
Court shall t h i n k fit) to b e fined and i m p r i s o n e d w i t h i n the aforesaid
limits.
5. I n every contract of service express or implied b e t w e e n the
o w n e r of a ship and the master or any seaman thereof and in every
instrument of apprenticeship w h e r e b y any person is b o u n d to serve
as an apprentice o n b o a r d any ship there shall b e i m p l i e d notwith­
standing any agreement to the contrary an o b l i g a t i o n on the o w n e r of
the ship that h e and the master and e v e r y agent charged with l o a d i n g
such ship or fitting or ballasting her or preparing her for or sending her
to sea shall use all reasonable means to ensure the seaworthiness of the
ship for the v o y a g e at the time w h e n the v o y a g e c o m m e n c e s and to
k e e p her in a seaworthy condition during the v o y a g e .
6. W h e r e a British ship b e i n g in any port or place in N e w South
W a l e s is b y reason of the defective c o n d i t i o n of her hull equipment or
m a c h i n e r y or b y reason o f o v e r l o a d i n g or i m p r o p e r l o a d i n g or ballasting
unfit to p r o c e e d to sea w i t h o u t serious danger to h u m a n life h a v i n g
regard to the nature of the service for w h i c h she is intended any such
ship (hereinafter
referred t o as " u n s a f e " ) m a y b e provisionally
detained for the purpose o f b e i n g surveyed and either finally detained
or released as f o l l o w s —
(1.) I f the Marine or a L o c a l M a r i n e B o a r d or w h e r e there is n o
s u c h Board a P o l i c e Magistrate has reason t o believe o n
c o m p l a i n t or otherwise that a British ship is unsafe such
Board or Magistrate m a y provisionally order the detention
of the ship for the purpose of b e i n g surveyed.
(2.) W h e n a ship has b e e n provisionally detained there shall b e
forthwith served on the master of such ship a written state­
m e n t of the g r o u n d s o f her detention and the M a r i n e
or a L o c a l M a r i n e B o a r d m a y if t h e y t h i n k fit appoint some
c o m p e t e n t person or persons to survey the ship and report
thereon t o the B o a r d .
(3.) S u c h B o a r d on r e c e i v i n g the said report m a y either order the
ship t o b e released or i f in their o p i n i o n the ship is unsafe
m a y order her to b e finally detained either absolutely or
until the p e r f o r m a n c e of such conditions with respect to the
e x e c u t i o n o f repairs or alterations or the u n l o a d i n g or reload­
i n g o f c a r g o or the proper ballasting o f such ship as the B o a r d
think necessary to ensure her safety for sea-going purposes
and m a y from t i m e t o t i m e vary or add t o any such order.
(4.)
(4.) ^ B e f o r e t h e order for final detention is m a d e a c o p y of the
report shall b e served u p o n the master o f t h e ship and w i t h i n
seven days after s u c h service t h e o w n e r or master o f the ship
or the o w n e r ' s a g e n t m a y appeal to the G o v e r n o r in C o u n c i l
against such order for final detention.
( 5 . ) W h e r e a ship has b e e n provisionally detained the o w n e r o r
master o f the ship at any time before the person appointed u n d e r
this section t o survey the ship makes such survey m a y require
that he shall b e a c c o m p a n i e d b y s u c h certificated M a r i n e
S u r v e y o r as the o w n e r or master m a y select and in such case if
t h e surveyors agree the B o a r d or L o c a l M a r i n e Board shall
cause the ship t o b e detained or released a c c o r d i n g l y b u t
if they differ s u c h B o a r d m a y act as if the requisition had
n o t b e e n m a d e and the o w n e r and master shall have the like
appeal t o u c h i n g the report o f the official surveyor as herein­
b e f o r e provided.
( 6 . ) T h e M a r i n e or L o c a l M a r i n e B o a r d m a y at a n y t i m e if
satisfied that a ship detained under this A c t is n o t unsafe
order her to b e released either w i t h or w i t h o u t c o n d i t i o n s .
7. I f any ship shall b e detained w r o n g f u l l y and w i t h o u t reason­
able and p r o b a b l e cause under the p o w e r s c o n f e r r e d b y the sixtli
section o f this A c t the o w n e r o f s u c h ship m a y b r i n g an action f o r
c o m p e n s a t i o n against the G o v e r n m e n t for loss or d a m a g e sustained b y
h i m i n c o n s e q u e n c e o f s u c h detention i n c l u d i n g the costs o f or
incidental to the detention and survey of the ship I n such action the
Colonial Treasurer shall b e the n o m i n a l defendant and the action shall
b e tried before t h e Chief Justice o f the S u p r e m e Court or a D e p u t y J u d g e a p p o i n t e d b y h i m sitting as in V i c e - A d m i r a l t y in a c c o r d a n c e
w i t h the provisions c o n t a i n e d in the A c t s and R u l e s i n force for t h e
t i m e b e i n g regulating the practice of the V i c e - A d m i r a l t y Court and
s u b j e c t t o the same right o f appeal f r o m the Order or D e c r e e o f the
Court as is b y l a w i n c i d e n t t o the jurisdiction in V i c e - A d m i r a l t y A l l
damages and costs o f suit a d j u d g e d against s u c h n o m i n a l defendant
shall b e paid pursuant to the provisions o f the sixth and seventh
sections o f the " Claims against the Colonial G o v e r n m e n t A c t . "
8. W h e r e a j o i n t or several affidavit or statutory declaration b y
at least one-fourth of the c r e w o f a f o r e i g n - g o i n g ship or b y at least
t w o of t h e c r e w o f a coast trade ship ( w h i c h affidavit or declaration
t h e President o f t h e M a r i n e B o a r d Chairman o f a L o c a l M a r i n e B o a r d
( o r i n the absence o f s u c h officer the V i c e - P r e s i d e n t or V i c e - C h a i r m a n
of s u c h B o a r d ) or a P o l i c e Magistrate w h e r e there is n o s u c h B o a r d is
hereby authorized t o take and for that purpose t o administer an oath or
take a s o l e m n declaration as t h e case m a y b e ) is m a d e t o the M a r i n e or
L o c a l M a r i n e B o a r d or to a P o l i c e Magistrate that a British ship is
unsafe the B o a r d or Magistrate shall take all proper and reasonable
measures for ascertaining w h e t h e r the ship o u g h t to b e detained u n d e r
this A c t or n o t .
9. I f a n y person shall in any such affidavit or declaration
as aforesaid k n o w i n g l y m a k e a false statement as to the state o f t h e h u l l
m a c h i n e r y o r e q u i p m e n t o f any ship o r as to a n y other matter relating
t o such ship or to her c a r g o l o a d i n g or ballasting for the purpose o f
p r o c u r i n g her detention u n d e r this A c t such person shall b e g u i l t y o f
a m i s d e m e a n o u r and b e liable to the like p u n i s h m e n t as is p r o v i d e d b y
section four o f this A c t f o r the [misdemeanour o f sending or t a k i n g t o
sea an u n s e a w o r t h y ship.
1 0 . ( 1 . ) A n officer authorized b y t h e M a r i n e or L o c a l M a r i n e
B o a r d t o act as a detaining officer u n d e r this A c t shall h a v e
for the p u r p o s e o f c a r r y i n g o u t his duties u n d e r this A c t t h e
same powers as an I n s p e c t o r u n d e r the principal A c t .
(2.)
(2.) An order for the detention of a ship provisional or final and
an order varying the same shall be served as soon as may he
on the master of the ship.
(3.) When a ship has been detained under this Act she shall not be
released by reason of her register being subsequently closed
or transferred.
(4.) For the purposes of a survey under this Act any person
authorized to make the same may go on board a ship and
inspect the same and every part thereof and the machinery
equipments and cargo and may require the unloading or
removal of any cargo ballast or tackle.
(5.) The provisions of the principal Act with respect to persons
who wilfully impede an Inspector or disobey a requisition or
order of an Inspector shall apply to officers authorized to
detain inspect or survey a ship as if those provisions were
herein enacted.
Grain Cargoes.
11. No cargo of which more than one-third consists of wheat
maize oats barley or any other kind of grain hereinafter referred to as
grain cargo shall be loaded on board any ship in any port or place in
New South Wales unless such grain cargo be contained in hairs sacks
or barrels or secured from shifting by boards bulkheads or otherwise
I f the managing owner or master or the agent of such owner who
is charged with the loading of such ship or the sending her to sea
knowingly allows any grain cargo or part of a grain cargo to be
shipped therein for carriage contrary to the provisions of this section
he shall for every such offence incur a penalty not exceeding one
hundred pounds.
Deck and Load-lines.
12. Every British ship (not being under twenty tons register
and employed solely in the coasting trade or employed solely in fishing
or a pleasure yacht) shall be permanently and conspicuously marked
with lines of not less than twelve inches in length and one inch in
breadth painted longitudinally on each side amidships or as near
thereto as is practicable and indicating the position of each deck which
is above water The upper edge of each of these lines shall be level
with the upper side of the deck plank next the waterway at the place
of marking The lines shall be white or yellow on a dark ground or
black on a light ground.
13. With respect to the marking of a load-line on British ships
the following provisions shall have effect:—
(1.) The owner of every British ship (not being within the
exceptions mentioned in the last preceding section) shall before
entering his ship outwards from any port or place in New
South Wales upon any voyage for which he is required so to
enter her or (if that is not practicable) as soon after as may
be mark upon each of her sides amidships or as near thereto
as is practicable in white or yellow on a dark ground or in
black on a light ground a circular disc twelve inches in
diameter with a horizontal line eighteen inches in length
drawn through its centre.
(2.) The centre of such disc shall indicate the maximum load-line
in salt water to which the owner intends to load the ship for
that voyage.
(3.) He shall also upon so entering her insert in the form of entry
delivered to the Collector or other principal officer of Customs
a statement in writing of the distance in feet and inches
between
b e t w e e n the centre o f this disc and the upper edge o f e a c h
of the lines indicating the position of the ship's decks w h i c h
is a b o v e that centre.
( 4 . ) I f default is m a d e in delivering this statement any officer o f
Customs m a y refuse to enter the ship outwards.
( 5 . ) T h e master o f the ship shall enter a c o p y of this statement
in the a g r e e m e n t w i t h the c r e w before it is signed b y a n y
m e m b e r o f the c r e w and n o Shipping Master shall p r o c e e d
w i t h the e n g a g e m e n t o f the c r e w until this entry is m a d e .
( 6 . ) T h e master o f the ship shall also enter a c o p y o f this state­
m e n t in the official l o g - b o o k .
( 7 . ) W h e n a ship has b e e n m a r k e d as b y this section required
she shall b e k e p t so m a r k e d until her n e x t return to a p o r t
of discharge in N e w South W a l e s .
14. W i t h respect to the m a r k i n g of a load-line on British coasttrade ships the f o l l o w i n g provisions shall have e f f e c t : —
( 1 . ) T h e o w n e r o f every coast-trade ship over t w e n t y tons register
shall before p r o c e e d i n g t o sea from any port m a r k u p o n e a c h
of her sides amidships or as near thereto as is practicable in
w h i t e or y e l l o w o n a dark g r o u n d or in b l a c k on a l i g h t g r o u n d
a circular disc t w e l v e inches in diameter w i t h a horizontal
line eighteen inches in length drawn t h r o u g h its centre.
(2.) T h e centre o f this disc shall indicate the m a x i m u m load-line
in salt water to w h i c h the o w n e r intends to load the ship
until n o t i c e is g i v e n o f an alteration.
( 3 . ) H e shall also o n c e in every t w e l v e m o n t h s i m m e d i a t e l y
before the ship proceeds to sea send or deliver to the Collector
or other principal officer o f Customs o f the port o f registry
of the ship a statement in writing of the distance in feet and
inches b e t w e e n the centre o f the disc and the upper e d g e of
each o f the lines i n d i c a t i n g the position of the ship's decks
w h i c h is a b o v e that centre.
(4.) T h e o w n e r b e f o r e the ship proceeds to sea after any r e n e w a l
or alteration o f the disc shall send or deliver to the Collector
or other principal officer o f Customs of the port of registry
of the ship notice i n writing of such renewal or alteration
together w i t h such statement in writing as before m e n t i o n e d
of the distance b e t w e e n the centre of the disc and the u p p e r
e d g e o f each o f the deck-lines.
( 5 . ) I f default is m a d e in sending or delivering any n o t i c e or state­
m e n t required b y this section to b e sent or delivered the o w n e r
shall b e liable to a penalty n o t e x c e e d i n g o n e h u n d r e d pounds.
( 6 . ) W h e n a ship has b e e n m a r k e d as b y this section required she
shall b e k e p t so m a r k e d until n o t i c e is g i v e n o f an alteration.
15. A n y o w n e r or master o f a British ship w h o neglects t o
cause his ship to b e m a r k e d as b y this A c t required or to k e e p her so
marked or w h o allows such ship to b e so loaded as t o immerse in salt
water the centre of the disc and any person w h o conceals r e m o v e s
alters defaces o r obliterates or suffers any person u n d e r his c o n t r o l to
conceal r e m o v e alter deface or obliterate any o f t h e said m a r k s e x c e p t
in t h e event o f the particulars thereby denoted b e i n g lawfully altered
shall for each offence incur a penalty n o t e x c e e d i n g o n e h u n d r e d p o u n d s
If any o f the marks required b y this A c t is in any respect inaccurate
io as to b e likely to mislead the o w n e r o f the ship shall i n c u r a penalty
not e x c e e d i n g o n e hundred p o u n d s .
16. I f u p o n the report of any d u l y authorized officer the M a r i n e or
i l o c a l M a r i n e B o a r d shall after inspection of any f o r e i g n - g o i n g or coasttrade ship registered in the c o l o n y be o f o p i n i o n that the load-line as
n a r k e d under the thirteenth or fourteenth sections o f this A c t on the
sides
sides o f such ship is p l a c e d t o o near the line o f the ship's d e c k and that
the h u l l of such ship c o u l d not b e immersed as far as such load-line to
ensure her safety at sea such B o a r d shall b e e m p o w e r e d to g i v e n o t i c e to
the o w n e r or master of such ship calling u p o n h i m to alter the position
of such load-line as b y such n o t i c e is directed or to shew cause b e f o r e
the B o a r d w h y the same shall n o t b e so altered as directed and if w i t h i n
fourteen days after the service of such notice such load-line shall n o t
b e so altered such o w n e r or master shall (unless h e shall h a v e shewn
cause to the satisfaction of the B o a r d against the alteration o f the
load-line) i n c u r a p e n a l t y n o t e x c e e d i n g one hundred p o u n d s .
17. W h e r e under this A c t a ship is authorised or ordered to b e
detained any c o m m i s s i o n e d officer o n full pay in the N a v a l or Military
Service o f H e r Majesty or a n y officer o f the M a r i n e or a L o c a l M a r i n e
B o a r d or o f the Customs or any officer o f the P o l i c e F o r c e m a y detain
the ship and if the ship after such detention or after service o n the
master o f any n o t i c e of or order for such detention proceeds to sea
w i t h o u t h a v i n g been duly released the master of the ship shall b e
guilty of a m i s d e m e a n o u r and shall b e liable to the like p u n i s h m e n t
provided in section four and the o w n e r and a n y person w h o sends
the ship t o sea if such o w n e r or person b e party or p r i v y to the
offence shall i n c u r a penalty n o t e x c e e d i n g one hundred pounds W h e r e
a ship so p r o c e e d i n g to sea takes to sea w h e n o n board thereof in the
e x e c u t i o n of his duty any officer authorized to detain the ship or other
officer as aforesaid the o w n e r and master of the ship shall each be
liable to p a y all expenses of and incidental to such officer b e i n g so
taken to sea and also a penalty n o t e x c e e d i n g one hundred p o u n d s
or (at the o p t i o n o f the prosecutor) not e x c e e d i n g ten p o u n d s for every
day until such officer returns or until such t i m e as w o u l d enable h i m
after leaving the ship to return to the port from w h i c h he is taken and
such expenses m a y b e recovered in like manner as the penalty.
18. W h e r e any order n o t i c e statement or d o c u m e n t requires for
the purpose of any provision o f this A c t to b e served o n the master of
a ship the same shall be served w h e r e there is n o master and the ship
is in the jurisdiction o f the M a r i n e Board on the m a n a g i n g o w n e r o f
the ship or if there is n o m a n a g i n g o w n e r o n s o m e agent of the o w n e r
residing in N e w S o u t h W a l e s or where n o such agent is k n o w n or can
b e found b y affixing a c o p y thereof t o the mast o f the ship A n y such
order n o t i c e statement or d o c u m e n t m a y b e served b y delivering a
c o p y thereof personally to the person to b e served or b y leaving the
same at his last place of abode or in the case of a master b y leaving
it f o r him on board the ship w i t h the person b e i n g or appearing t o b e
in c o m m a n d or c h a r g e of such ship A n y person w h o obstructs the
service of a n y order notice statement or d o c u m e n t o n the master of a
ship shall i n c u r a penalty n o t e x c e e d i n g ten p o u n d s and if the o w n e r
or master of the ship is party or p r i v y t o such obstruction he shall b e
g u i l t y of a misdemeanour.
19. T h e n a m e and address o f the m a n a g i n g o w n e r for the t i m e
being o f every British ship registered at any port or place in N e w
South W a l e s shall b e registered at the Custom-house of the ship's port
of registry
W h e r e there is n o t a m a n a g i n g o w n e r there shall b e so
registered the n a m e o f the ship's husband or other person t o w h o m the
m a n a g e m e n t of the ship is entrusted b y or on behalf of the o w n e r
and a n y person whose n a m e is so registered shall for the purposes of
the " N a v i g a t i o n A c t s 1 8 7 1 - 1 8 8 1 " b e under the same obligations and
subject to the same liabilities as if he were the m a n a g i n g o w n e r
If
default is made in c o m p l y i n g with this section the o w n e r shall be
liable or if there b e m o r e owners than one each o w n e r shall b e liable
in proportion t o his interest in the ship t o a penalty n o t e x c e e d i n g
in the w h o l e one h u n d r e d p o u n d s each t i m e the ship leaves any port
in N e w South W a l e s .
Overloading
Overloading
Foreign
Ships.
2 0 . W h e r e a f o r e i g n ship b e i n g in any port in N e w South
W a l e s is unsafe b y reason of o v e r l o a d i n g i m p r o p e r l o a d i n g o r bal­
lasting the provisions of this A c t w i t h respect t o the detention of ships
shall apply to such ship as if she were a British ship b u t w i t h the
following modifications:—
( 1 . ) A c o p y of the order f o r the provisional detention of the ship
shall be f o r t h w i t h served o n the Consular Officer for the
State t o w h i c h the ship b e l o n g s at or nearest to the place
where the ship is detained
( 2 . ) W h e r e a ship has b e e n provisionally detained the Consular
Officer o n the request o f the o w n e r or master of the ship
m a y require that the person authorized to survey the ship
shall b e a c c o m p a n i e d b y such person as the Consular Officer
m a y select and in such case if the S u r v e y o r and such person
agree the M a r i n e or L o c a l M a r i n e B o a r d shall cause the ship
to b e detained or released a c c o r d i n g l y b u t if t h e y differ s u c h
B o a r d m a y act as if the requisition had n o t b e e n m a d e and
the o w n e r and master shall have the same right of appeal t o
the G o v e r n o r in C o u n c i l as is hereinbefore p r o v i d e d b y this
A c t w i t h respect to the detention o f British ships
I n this section the expression " Consular Officer" means any ConsulGeneral V i c e - C o n s u l Consular A g e n t or other Officer r e c o g n i z e d b y the
G o v e r n o r as a Consular Officer of a F o r e i g n State.
2 1 . U p o n the passing o f this A c t the f o l l o w i n g repeals and
a m e n d m e n t s of the " N a v i g a t i o n A c t of 1 8 7 1 " and the A c t s a m e n d i n g
the same shall take effect v i z . —
(1.) S e c t i o n sixty-nine of the " N a v i g a t i o n A c t of 1 8 7 1 " is hereby
repealed but w i t h o u t prejudice to the past operation thereof.
(2.) N o t w i t h s t a n d i n g a n y t h i n g to the contrary c o n t a i n e d i n t h e
" N a v i g a t i o n A c t A m e n d m e n t A c t o f 1 8 7 3 " it shall be lawful
for the M a r i n e B o a r d to m a k e regulations i m p o s i n g penalties
in n o case t o e x c e e d the sum o f one hundred p o u n d s for the
violation or infringement o f any regulation made b y such B o a r d
u n d e r the authority of the " N a v i g a t i o n A c t s 1 8 7 1 - 1 8 8 1 . "
(3.) W h e r e b y the said last-mentioned A c t s or any regulation
m a d e thereunder the master of a h a r b o u r and river steamer
is s u b j e c t to any penalty or liability the o w n e r of any
such steamer shall e q u a l l y with and to the same e x t e n t as the
master thereof b e subject t o every such penalty or liability.
(4.) F o r the purposes of the said A c t s or any regulation there­
u n d e r the w o r d " P a s s e n g e r " shall m e a n and i n c l u d e every
person carried i n any ship other t h a n the master and c r e w
and the o w n e r of the ship his f a m i l y and servants.
(5.) T h e powers and authorities conferred u p o n the M a r i n e B o a r d
and L o c a l M a r i n e B o a r d b y and all other the provisions
contained i n the eighty-seventh and subsequent sections of the
P r i n c i p a l A c t as a m e n d e d b y this A c t w h i c h relate to the
cancellation and suspension o f certificates shall e x t e n d to
authorize any such B o a r d to institute investigations or direct
the same t o b e instituted t o u c h i n g any s h i p w r e c k collision or
casualty whatsoever or t o u c h i n g any m i s c o n d u c t or violation
of the l a w as declared b y the P r i n c i p a l or this A c t or t o u c h i n g
any other act or omission c h a r g e d against any master m a t e
or engineer as e v i d e n c i n g or from w h i c h any s u c h B o a r d
m i g h t reasonably infer i n c o m p e t e n c y or m i s c o n d u c t o n the
part of such master m a t e or engineer.
(G.) T h e M a r i n e B o a r d shall h a v e p o w e r t o m a k e such order as
it m a y d e e m j u s t with respect to the costs of a n y investigation
authorized
authorized to he instituted b y such B o a r d pursuant to the
provisions of the " N a v i g a t i o n A c t s 1 8 7 1 - 1 8 8 1 . "
( 7 . ) I n lieu of the w o r d " t w e n t y - e i g h t " contained in sub-section
(5) of section e i g h t y - e i g h t o f the said Principal A c t the w o r d
" t w e n t y - s e v e n " shall b e substituted.
(8.) T h e provisions respecting the burden of proof contained in
the one hundred and twenty-fifth section o f the principal A c t
arc h e r e b y extended and declared to b e read as if the w o r d s
" or p e r s o n " were inserted after the w o r d ship w h e r e v e r such
last-mentioned w o r d o c c u r s in the said section.
22. T h e master or owner of every ship shall within twentyo n e days after the thirtieth day of June and the thirty-first day
of D e c e m b e r in every year or as soon after as possible p r o d u c e t o the
Shipping M a s t e r at the port or place at w h i c h the said ship m a y
b e the certificates o f c o m p e t e n c y or service w h i c h the master mate
or engineer o f such ship is required b y law to possess U p o n pro­
d u c t i o n o f every such certificate the Shipping Master shall g i v e to the
master or o w n e r a certificate of such p r o d u c t i o n A n d n o officer o f
Customs shall grant a clearance or transire f o r any such ship w i t h o u t
the p r o d u c t i o n o f such last m e n t i o n e d certificate A n d if a n y such
ship attempts to p l y or g o to sea without such clearance or transire
any such officer m a y retain her until the said certificate is p r o d u c e d .
Certificated
Marine
Surveyors.
23. T h e Marine B o a r d may f r o m t i m e to time cause examinations
o f such persons as desire to qualify themselves as marine surveyors t o b e
held and for that purpose such Board m a y m a k e regulations respecting
the forms of certificates the time place and m a n n e r of h o l d i n g such
examinations and the persons b y w h o m the same shall be held the subjects
of e x a m i n a t i o n and the conditions to w h i c h candidates must c o n f o r m .
24. T h e M a r i n e Board shall issue to every person w h o has
passed such examination to the satisfaction of the Board a certificate
t o be called " a certificate of c o m p e t e n c y . "
25. E v e r y person w h o shall p r o v e to the satisfaction of the
M a r i n e B o a r d that he has for a period o f three years practised as a
M a r i n e S u r v e y o r at any port in the C o l o n y shall if in all other respects
of g o o d repute and character b e entitled to a certificate to b e issued
to h i m b y such B o a r d and to b e called " a certificate o f s e r v i c e . "
20. T h e M a r i n e Board m a y c a n c e l the certificate o f any Marine
Surveyor granted u n d e r this A c t and whether of c o m p e t e n c y or of
service if such B o a r d shall b e of o p i n i o n that any c h a r g e o f fraud
collusion n e g l e c t o f duty or other m i s c o n d u c t preferred b e f o r e such
Board against such S u r v e y o r has b e e n established
P r o v i d e d always
that the person c h a r g e d w i t h such m i s c o n d u c t shall before such
cancellation b e called u p o n to show cause to the said Board against the
cancellation of his certificate.
27. A f t e r the first day o f January eighteen hundred and e i g h t y t w o n o person shall practise as a M a r i n e Surveyor survey any vessel or
give a certificate o f such survey purporting t o b e the certificate of a
M a r i n e S u r v e y o r or intended t o have that effect unless he h o l d s either
a certificate o f service or of c o m p e t e n c y under this A c t under a penalty
o f o n e hundred pounds P r o v i d e d always that n o t h i n g in this section
contained shall a p p l y to any person directed b y a P o l i c e Magistrate
u n d e r section six hereof t o survey or e x a m i n e any vessel at any port
or p l a c e other than S y d n e y or N e w c a s t l e .
28. A l l penalties incurred under this A c t m a y be recovered and
shall b e applied in pursuance o f the provisions relating to the recovery
and application o f penalties contained in the Principal A c t .
c
No. V I I .