Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person
who —
(a) acts
in the capacity of master, mate, marine engineer, marine engine driver, or
coxswain of a commercial vessel without being duly certificated, whether
engaged to serve in that capacity or not; or
(b)
employs any person who is not duly certificated in that capacity as master,
mate, marine engineer, marine engine driver, or coxswain without ascertaining
that he is duly certificated,
commits an offence and
is liable for each offence to a fine not exceeding $2 000.
(2) If the master of a
commercial vessel employs any person to serve on board the vessel in the
capacity of mate, marine engineer, marine engine driver, or coxswain without
ascertaining that he is duly certificated to act in that capacity the master
and owner of the vessel each commits an offence and each shall be liable to a
fine not exceeding $2 000.
(3) A master, mate,
marine engineer, marine engine driver, or coxswain shall be duly certificated
for the purposes of this Division if —
(a) he
is the holder for the time being of a valid certificate of competency or of
service under this Act of a grade appropriate to his station in the ship or of
a higher grade; or
(b) he
is the holder of any unexpired certificate of competency or of service granted
to him by an authority recognized under regulations made under this Act of a
grade appropriate to his station in the ship or of a higher grade; or
(c) he
possesses qualifications and experience not inferior to the requirements
prescribed in relation to his station in that ship pursuant to a determination
under this Act or the regulations,
but not otherwise.