Steam Navigation Acts Amendment Act 1873
Steam Navigation Acts Amendment Act 1873
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Steam Navigation Acts Amendment Act 1873
Steam Navigation Acts Amendment Act 1873
Public Act |
1873 No 23 |
|
Date of assent |
22 September 1873 |
|
Contents
An Act to amend “The Steam Navigation Act, 1866,”
and “The Steam Navigation Act Amendment Act, 1867.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Steam Navigation Acts Amendment Act, 1873.”
2 Construction.
This Act shall be read and construed with and as part of “The Steam Navigation Act, 1866,”
and “The Steam Navigation Act Amendment Act, 1867,”
which said Acts are hereinafter included in the term “the said Acts.”
3 The machinery of certain steam vessels only to be surveyed half-yearly.
Notwithstanding anything contained in the said Acts, the machinery of all steam vessels which is within the description contained in Part II. of the Schedule A in the said Acts mentioned, shall hereafter be surveyed by an Engineer-Surveyor twice at the least in every year.
Fees.
For each survey of the machinery of any steam vessel, made under the provisions of this section, there shall be paid to the Engineer-Surveyor the fees prescribed in Schedule B to the said Acts to be paid for half-yearly surveys, or such other charges as may by any law in force for the time being be required to be paid for such surveys.
4 Part of section 6 of “The Steam Navigation Act Amendment Act, 1867,”
repealed.
So much of section six of “The Steam Navigation Act Amendment Act, 1867,”
as requires that the certificates therein referred to shall be issued in duplicate, and that the master of every steamer shall be bound to carry one of the said duplicate certificates attached to the ship’s papers, and that vessels shall not be cleared unless such duplicate certificate be presented along with the ship’s papers, is hereby repealed.
5 Provisions of former Acts to apply to certificates under this Act.
And in all other respects the provisions of the said Acts as amended by this Act shall be deemed to apply to certificates granted under the said Acts upon the survey of the machinery of such steam vessels and to the duration of such certificates, and to all persons liable to procure or obtain the same, and to all proceedings and things necessary to be taken and done for the purpose of obtaining the same, and for all other purposes, as fully and effectually as if such steam vessels had originally been required by the said Acts to have their machinery surveyed twice in every year.
6 Not to interfere with inspection of steamers.
Nothing herein contained shall be construed to exempt the owner of any steam vessel subject to the provisions of the said Acts or this Act from liability to have the hull of such steam vessel inspected by an Inspector as required by the said Acts, and all the provisions of the said Acts with respect to such inspection shall be and remain in full force.
7 Exemption of certain steam vessels from provisions of Acts with respect to survey, &c.
The Commissioner of Customs may from time to time, by writing under his hand in such form as he may think fit, grant to the owner (or in case there shall be no owner resident in the Colony then to the master) of any steam vessel not employed in carrying passengers, and now or hereafter subject to the provisions of the said Acts, a certificate exempting the steam vessel named therein from the operation of the provisions of the said Acts and this Act relating to the survey of the machinery and the inspection of the hull of any such steam vessel, but not further or otherwise.
8 Certificate may be absolute or limited, but only to be granted in respect of cargo steamers.
Any such certificate may be either an absolute exemption from such provisions either as to inspection or survey, and may be limited in point of time, or as to the nature of the exemption in any particular; and any such certificate, whether absolute or limited, may be at any time cancelled and revoked by the Commissioner of Customs:
Provided, however, that no such certificate of exemption shall be granted for or in respect of any steam vessel carrying passengers; and for the purposes of this Act the word “passengers”
shall be held to include any persons carried in a steam vessel other than the master and crew, and the owner his family and servants.
9 Owner or master carrying passengers in a steam vessel holding a certificate of exemption liable to penalty.
If the owner or master of any steam vessel in respect of which a certificate of exemption has been granted under the provisions of this Act shall receive on board or carry any passengers, the owner or master shall incur a penalty not exceeding fifty pounds; and in addition the certificate of exemption granted in respect of such steam vessel shall be absolutely forfeited, and no certificate of exemption under this Act shall at any time thereafter be granted to the master or owner of such vessel so long as she remains the property of the owner so offending, or in the charge of the master so offending against this Act.
10 Masters and engineers of steam vessels with “river certificates”
to hold certificates of competency.
The master and engineer of every steam vessel in respect of which a “river certificate”
has been granted under the said Acts, shall respectively hold either a certificate of competency or service appropriate to their respective stations in such vessel or of a higher grade; and any person who serves as such master or engineer of any such vessel without being at the time entitled to and possessed of such certificate, or who employs any person as master or engineer of any such vessel without ascertaining that he is at the time entitled to and possessed of such certificate, shall for each such offence incur a penalty not exceeding fifty pounds.
11 Commissioner may make regulations for the examination of engineers of steam vessels in certain cases.
The Commissioner of Customs may from time to time make alter or revoke regulations not inconsistent with this Act, for the examination of masters and engineers of steam vessels in respect of which “river certificates”
have been granted under the said Acts; and may appoint competent persons to conduct the examinations of such masters and engineers, and may prescribe the subjects in which they shall be so examined, and the times and places where such examinations shall be conducted, and the fees to be paid thereon, and the form of certificates of competency to be granted in respect thereof.
All such regulations shall be published in the New Zealand Gazette; and it shall be lawful for the said Commissioner of Customs to cancel or suspend any certificate of competency granted to any master or engineer under the provisions of this Act.
12 Penalty for not giving up cancelled certificates in certain cases.
Every certificate of exemption granted under the seventh section of this Act shall, in case of the cancellation or revocation thereof, or in case of the forfeiture thereof, be forthwith delivered up to the Commissioner of Customs, or to such person as he may appoint to receive the same; and in default every owner or master neglecting or refusing to deliver up any such certificate shall be liable to a penalty for each offence not exceeding fifty pounds. And every master or engineer whose certificate of competency is cancelled or suspended under the provisions of this Act shall forthwith deliver it to the said Commissioner, or as he directs, and in default shall incur a penalty not exceeding fifty pounds.
13 “Commissioner of Customs”
to be substituted for “Postmaster-General”
in the said Acts.
Wherever in the said Acts the words “Postmaster-General”
occur, there shall be substituted the words “Commissioner of Customs,”
and all duties imposed upon and all powers and authorities conferred on the Postmaster-General by the said Acts or either of them, are hereby imposed upon and conferred on, and shall be performed and exercised by, the Commissioner of Customs: Provided that where the Postmaster-General shall, under the provisions of the said Acts, have delegated all or any of the duties powers or authorities by the said Acts imposed or conferred upon him to any person or persons, every such delegation shall remain in full force until revoked by the said Commissioner under the powers conferred upon him by this Act.
14 Repeal of certain sections of the said Acts.
The sixth section of “The Steam Navigation Act, 1866,”
and the fourth and fifth sections of “The Steam Navigation Act Amendment Act, 1867,”
are hereby repealed in so far as the same relate to the certificates of competency by such sections provided to be granted to masters and engineers of steam vessels: Provided that any certificates of competency granted under the sections hereby repealed shall remain in force until other lawful provision shall be made for the procuring or obtaining other certificates of competency for all or any of the purposes of the said Acts.
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Versions
Steam Navigation Acts Amendment Act 1873
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