β¨ Merchant Shipping Regulations
MAY 25.] THE NEW ZEALAND GAZETTE. 795
(iii.) or the period of suspension has expired ;
(iv.) or intimation has been received from the Board of Trade, or the authority by whom the cancelled or suspended certificate was originally granted, to the effect that no objection to the grant of such colonial certificate is known to exist.
Before a certificate is returned in accordance with subsection (iii.) any certificate which may have been granted temporarily or pending the suspension must be delivered up, and it shall be returned to the authority by whom it was granted.
Colonial certificates of competency granted contrary to this regulation shall be regarded as improperly granted.
Certificates which may be granted after a certificate has been cancelled or suspended.
- (1.) It shall be lawful for the Governor or person administering the Government of the British possession in which a certificate has been cancelled or suspended, if, after full investigation of all the circumstances, he thinks the justice of the case requires itβ
(a.) If the certificate was granted in the colony, to return the certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to grant or request the authority of the possession to grant a certificate of the same or any lower grade in place of the certificate which has been cancelled or suspended.
(b.) If the cancelled or suspended certificate was granted by the authority of another colony, to request such authority to return the certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to grant a certificate of the same or any lower grade in place of the certificate which has been cancelled or suspended.
(c.) If in the opinion of such Governor or person administering the Government of the British possession the justice of the case requires the issue of a colonial certificate without delay to the person whose certificate has been cancelled or suspended, the Governor or person administering the Government aforesaid (in addition to acting upon subsection (b) of this regulation) to issue, or request the authority in such British possession to issue, a certificate of the same or any lower grade in place of the certificate which has been cancelled or suspended, which substituted certificate is to be in force for such limited period as such Governor or person administering as aforesaid shall in that behalf direct and no longer.
(d.) If the cancelled or suspended certificate was granted by the Board of Trade, to issue or request the authority of the possession to issue a colonial certificate of the same or any lower grade in place of the cancelled or suspended certificate, and such substituted certificate is to be in force for such limited period as such Governor or person administering as aforesaid shall in that behalf direct and no longer ; and the Governor or person aforesaid shall also cause the Board of Trade to be informed of his act.
(2.) If a colonial certificate is cancelled or suspended in the United Kingdom, the Board of Trade may, if in their opinion the justice of the case requires it, return or request the authority by whom such certificate was granted to return any certificate which has been cancelled or suspended, or shorten or request such authority to shorten the time for which it was suspended, or request such authority to issue a certificate of the same or any lower grade in place of the certificate which has been cancelled or suspended.
(3.) Whenever the authority by whom a cancelled or suspended certificate was originally issued is requested by the Governor or person administering the Government of a British possession in accordance with section (1) of this regulation, or by the Board of Trade, in accordance with section (2) of this regulation, to return any certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to issue a certificate of the same or any lower grade in place of any certificate which has been so cancelled or suspended, the authority so requested as aforesaid shall forthwith return any certificate which has been cancelled or suspended, or shorten the time for which it was suspended, or issue a certificate accordingly, as the case may be.
(4.) In all cases in which the powers given by this regulation are exercised, a report of the case shall be sent by the Governor or person administering the possession in which the powers are exercised to the authority by whom the cancelled or suspended certificate was granted,
Certificates improperly granted may be cancelled without formal investigation.
- A colonial certificate of competency which appears from information subsequently acquired, or otherwise, to have been improperly granted, may (without any formal investigation under " The Merchant Shipping Act, 1854," or the Acts
amending the same) be cancelled by the authority by which the same was granted, or by the Board of Trade in the United Kingdom, and the holder of such certificate shall thereupon deliver it to the Board of Trade or such authority, or as they or either of them may direct, and in default thereof shall incur a penalty not exceeding fifty pounds, which shall be recoverable in the manner in which penalties imposed by the Acts relating to merchant shipping are thereby made recoverable, or in such other summary proceedings as the law of any British possession where the holder may be may allow or permit to be brought for the recovery thereof.
Cancellation, &c., of a certificate shall involve cancellation of all the other certificates possessed by its owner.
- Every decision with respect to the cancellation or suspension of a certificate pronounced by any Board, Court, or tribunal under the provisions of the said Acts, shall, unless otherwise directed, extend equally to all the colonial certificates at the time possessed by the person in respect of whom the decision is made.
Certificates believed to be fraudulent may be demanded.
- Any officer of the Board of Trade, or the Registrar-General of Seamen or any of his officers, or a Superintendent of a Mercantile Marine Office, or a consular officer, or duly-appointed shipping officer in a British possession, may demand the delivery to him of any colonial certificate of competency which he has reason to believe has been improperly issued, or is forged, altered, cancelled, or suspended, or to which the person using it is not justly entitled, and may detain such certificate for a reasonable period for the purpose of making inquiries respecting such issue, forgery, alteration, cancellation, suspension, or possession, and any person who without reasonable cause neglects or refuses to comply with such demand shall incur a penalty not exceeding twenty pounds or its equivalent in local currency, which shall be recoverable in the manner in which penalties imposed by the Acts relating to merchant shipping are thereby made recoverable, or in such other summary proceedings as the law of any British possession where such person may be may allow or permit to be brought for the recovery thereof.
Suspended certificates to be reissued only by colony by which originally granted.
- Subject to these regulations, a colonial certificate of competency which has from any cause been cancelled or suspended shall be renewed or reissued only by the authority by which the same was originally granted.
Colonial certificates, when cancelled or suspended, to be sent to the authority which granted them.
- Whenever a colonial certificate is cancelled or suspended the Board, Court, or tribunal cancelling or suspending the same shall send to the authority by whom the certificate was granted a full report upon the case, together with a copy of the evidence taken therein, and also the certificate which has been cancelled or suspended.
SCHEDULE B.
| Possession. | Nature of Certificate. | Date. |
|---|---|---|
| Canada | Masters and mates | Aug. 19, 1871. |
| " | First-class engineers and second-class engineers | Jan. 1, 1887. |
| Malta and its dependencies | Masters, mates, and engineers | May 12, 1874. |
| Victoria | Masters, mates, and engineers | Jan. 4, 1870. |
| New Zealand | Masters, mates, and engineers | May 1, 1872. |
| New South Wales | Masters, first mates or second mates, and first-class engineers or second-class engineers | June 18, 1872. |
| South Australia | Masters, first mates, only mates, or second mates, and first-class engineers or second-class engineers | May 12, 1874. |
| Tasmania | Masters, mates, and engineers | April 1, 1876. |
| Bengal | Masters, mates, and engineers | June 27, 1876. |
| Newfoundland | Masters and mates | May 14, 1877. |
| Bombay | Masters, mates, and engineers | July 11, 1877. |
| Queensland | Masters, mates, and engineers | Oct. 1, 1877. |
| Hongkong | Masters, mates, and engineers | Jan. 1, 1884. |
| Straits Settlements | First-class engineers and second-class engineers | Aug. 1, 1888. |
| Straits Settlements | Masters, first mates, and second mates | June 1, 1890. |
| Mauritius | Masters, first mates, and second mates | Jan. 1, 1891. |
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β¨ LLM interpretation of page content
π
Order in Council for Colonial Certificates of Competency
(continued from previous page)
π Transport & Communications9 May 1891
Merchant Shipping Act, Colonial Certificates, Competency, Masters, Mates, Engineers, Regulations, Schedules
π Regulations for Colonial Certificates of Competency
π Transport & CommunicationsMerchant Shipping Act, Colonial Certificates, Competency, Masters, Mates, Engineers, Cancellation, Suspension, Renewal
π Schedule B: Colonial Certificates of Competency
π Transport & CommunicationsColonial Certificates, Competency, Masters, Mates, Engineers, Dates, British Possessions
NZ Gazette 1893, No 42