PART I.MARINE BOARD. and official log-books and list of persons on board and may suminon witnesses and examine master &c. Powers of inspectors and surveyors. Proviso for expenses of witnesses. Penalties to witnesses &c. And the board may require the owner or master or any member of the crew of any British vessel to produce any official log-books agreements or documents relating to such crew or to any member thereof and may inspect such official log-books or documents and may take copies thereof or of any part thereof And may require any such master to produce a list of all persons on board his vessel They may summon the master or any other person to appear and give any explanation concerning the vessel or her crew or concerning the aforesaid documents or any matter or thing relating to such vessel crew or documents And may also examine any such master or other person and may require answers and returns to such inquiries as they may think fit to make. 16. Every inspector and every surveyor appointed under this Act shall have and may exercise the following powers that is to say (1.) He may at all necessary or reasonable times go on board (3.) He may require the attendance of all such persons as he may consider necessary to call before him and may require answers or returns to any question or questions he may think necessary to put and may enforce the production of all books papers logs or other documents that he may consider necessary. And any such inspector may in addition to the above powers when he considers necessary for the purposes of this Act by summons under his hand require the attendance of all such persons as he may think necessary to call before him and examine such persons and may require any person so examined by himself or by any surveyor to make and subscribe a statutory declaration of the truth of the statements made by him in his examination and may require the master of any vessel to produce a list of all persons on board his vessel and to muster the crew of such vessel when such inspector shall deem it necessary. 17. Every person summoned as hereinbefore mentioned shall be allowed such expenses as would be allowed to any witness attending on subpoena to give evidence before the Supreme Court and in case of any dispute as to the amount of such expenses the same shall be referred by the board or such inspector to the taxing officer of the said Court and such officer shall on a request made to him for that purpose by the board or such inspector ascertain and certify the proper amount of such expenses. 18. If any person without reasonable excuse (proof whereof shall lie on him) does any of the following things namely (1.) Having been summoned and having had the expenses (if any) to which he is entitled tendered to him fails to attend as a Navigation Act. PART I. MARINE BOARD. witness before the board or any inspector or to make any answer or to give any return or to produce any document or to make or sign any declaration or inspector. ) Prevents or impedes any inspector or surveyor in the execution Impeding of his duty on board ship or elsewhere or knowingly misleads or deceives the board or any inspector or surveyor for every such offence forfeit and pay a sum not exceeding fifty and where the offence consists of preventing or impeding as I the inspector surveyor or any person called by him to his assisty seize and detain the offender until he can be conveniently fore a court of summary jurisdiction to be dealt with according n the case of any wreck or of any collision or other accident Board and inspectors may or sustained by any vessel if both parties agree thereto in writing act as d may act as arbitrator between the parties and may inquire into arbitrators. ide upon all disputed matters of fact that may arise out of such ollision or other accident and award such damages and costs as em just and reasonable and any such agreement for reference to tion may be made a rule of the Supreme Court. The board may settle and issue forms of the several documents Power for the are required by the second and third Parts of this Act. board to settle issue and alter forms. purporting to board to be received in All documents purporting to be issued or written by or under the Certificates and on of the board and purporting either to be sealed with the seal documents board or to be signed by the secretary to the board shall be be issued by the d in evidence and shall be deemed to be issued or written by or the direction of the said board without further proof unless the evidence. ry be shown and all documents purporting to be certificates issued - board in pursuance of this Act and to be sealed with the seal of bard and to be signed by the chairman or vice-chairman of the shall be received in evidence and shall be deemed to be such cates without further proof unless the contrary be shown. RT II.-EXAMINATIONS AND CERTIFICATES OF MASTERS MATES AND ENGINEERS. PART II.EXAMINATIONS AND CERTIFICATES. Certificates of maxters and mates. . Examinations shall be instituted for persons who wish to procure icates of competency for all or any of the following grades that is Examinations (1.) Master of a foreign going vessel (2.) First mate of a foreign going vessel (3.) Second mate of a foreign going vessel (4.) Master of a home trade vessel (5.) Mate of a home trade vessel (6.) Master of a coaster (7.) First-class engineer (9.) Third-class engineer to be instituted the board shall provide for the aforesaid examinations and may Board to This reference is to "The Merchant Shipping Act, 1854," repealed. See now the Merchant examiners PART II. EXAMINATIONS CERTIFICATES. for examinations. and make rules examination and the board with the approval of the Treasurer may from time to time lay down rules as to the conduct of such examinations and as to the qualifications of applicants and such rules shall be strictly adhered to by all examiners 17 & 18 Vic. c. 104 s. 132 * Proviso. Certificates of competency to be granted to Provided always that such qualifications for the respective grades aforesaid shall not be less nor inferior to those which are or may be from time to time required by the Board of Trade and every examiner shall receive such remuneration as the board shall with the approval of the Treasurer direct. 23. The board shall deliver to every applicant who is duly reported by the examiners to have passed the examination satisfactorily and to those who pass. have given satisfactory evidence of his sobriety experience ability and general good conduct a certificate of competency as the case requires 17 & 18 Vic. c. 104 s. 134.* Proviso. Certificates of service to be delivered to persons who served as masters or mates before 1876 and to certain naval officers and certificates of service for home trade passenger ships to be delivered to persons who have served as masters or mates in such ships before first January 1876. 17 & 18 Vic. c. 104 s. 135.* Provided that in every case in which the board has reason to believe such report to have been unduly made such board may remit the case either to the same or to any other examiners and may require a re-examination of the applicant or a further inquiry into his testimonials and character before granting him a certificate. 24. Certificates of service differing in form from certificates of competency shall be granted as follows that is to say— (1.) Every person who before the first day of January one (2.) Every person who before the first day of January one (4.) Every person who before the first day of January one (5.) Every person who before the first day of January one thousand eight hundred and seventy-six has served as master of a coaster of more than fifteen tons shall be entitled to a certificate of service as master of a coaster And each of such certificates of service shall contain particulars of the name place and time of birth and of the length and nature of the previous service of the person to whom the same is delivered and the Board shall deliver such certificates of service to the various persons so respectively entitled thereto upon their proving themselves to have attained such rank or to have served as aforesaid and upon their giving a full and satisfactory account of the particulars aforesaid. These references are to "The Merchant Shipping Act, 1854," repealed. See now the Merchant Shipping Act, 1894, vol. Imperial Acts, title Shipping. Navigation Act. PART II.EXAMINATIONS AND CERTIFICATES. ertificates of service for engineers differing in form from certifi- Engineer's competency shall be granted as follows that is to say certificate of service to be delivered on 26 Vic. c. 63 .) Every person who before the first day of January one proof of thousand eight hundred and seventy-six has served as first certain service. engineer in any foreign-going steam vessel of one hundred 6. 9. horse power or upwards or who has attained or attains the rank of engineer in the service of Her Majesty shall be entitled to a first-class engineer's certificate of service 2.) Every person who before the first day of January one thousand eight hundred and seventy-six has served as second engineer in any foreign-going steam vessel of one hundred horse power or upwards or as first or only engineer in any other sea-going steam vessel or who has attained or attains the rank of firstclass assistant engineer in the service of Her Majesty shall be entitled to a second-class engineer's certificate of service (3.) Every person who before the first day of January one thousand eight hundred and seventy-six has served as only engineer of any steam vessel plying within the limits of any port or as second engineer in any foreign-going vessel of less than one hundred horse power or in a home trade vessel shall be entitled to a third-class engineer's certificate of service of such certificates of service shall contain particulars of the name and time of birth and the length and nature of the previous service person to whom the same is delivered and the board shall deliver certificates of service to the various persons so respectively entitled o upon their proving themselves to have attained such rank or to served as aforesaid and upon their giving a full and satisfactory nt of the particulars aforesaid. how to be . Every vessel not exempted as in this Act mentioned when navi- Officers of g from any port or place in Queensland shall be provided with certain vessels rs holding valid certificates of competency or service under this Act qualified. lding similar or equivalent certificates from the Board of Trade or competent authority according to the scale required by the laws of country in which she is registered or else according to the following (1.) If she be a foreign-going or home trade vessel of one hundred or less than three hundred tons with a master and first mate duly certificated (2.) If she be a foreign-going or home trade vessel of three hundred tons or upwards with a master first mate and second mate duly certificated (3.) If she be a coaster of fifteen tons and upwards or a foreigngoing or home trade vessel of less than one hundred tons with a master duly certificated. any such vessel proceeds to sea from any port or place in Queensland hout being so provided (the proof of which provision shall be on the rty accused) the master or owner thereof shall forfeit and pay any sum t exceeding one hundred pounds. 27. After the commencement of this Act every steam ship trading in Steam ships eensland waters shall have an engineer or engineers holding valid certifica rtificates of competency or service as follows that is to say engineers. 26 Vic. c. 63 (1.) Engineers' certificates shall be of three grades namely "first- 8. 5. class engineers' certificates" "second-class engineers' certificates" and " third-class engineers' certificates These references are to "The Merchant Shipping Act Amendment Act, 1862," repealed. ee now the Merchant Shipping Act, 1894. vol. Imperial Acts, title Shipping. PART II. EXAMINATIONS CERTIFICATES. Penalties for acting without having certificates. Production of certificate at Custom House. Board of Trade and other certificates to be of equal validity with Queensland certificates. (2.) Every foreign-going steam ship of one hundred horse power (4.) Every home-trade steam vessel shall have as its only or first (5.) Every coaster propelled by steam and every steam vessel plying within the limits of any port shall have as its engineer an engineer possessing a third-class engineer's certificate or a certificate of a higher grade 28. In each of the following cases- (1.) If any person engages or acts as an officer in contravention (2.) If any person employs or suffers any person to serve as an 29. No vessel the master of which is required by this Act to hold a certificate of competency or service shall be cleared from the Custom House at any port unless the master shall produce to the collector or other officer of customs* a certificate from the shipping master to the effect that the master or the master and officers of the vessel as the case may be hold certificates of competency or service required by this Act and any officer of customs* may detain the vessel until such certificate is produced. 30. Every certificate of competency issued by the Board of Trade or any other competent British authority recognised and approved by the hoard shall be deemed to be equivalent to and shall confer the same rights and privileges as a certificate of a like kind and grade issued under this Act. *As to execution of certain duties imposed upon officers of Customs by State Acts, see The Officers of Customs and Excise Act of 1901" (1 Edw. VII. No. 13), title Public Service. |