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Shipping and Seamen Act 1952  049
Commenced: 19 Nov 1953
II: Masters, Officers, and Seaman
Ships' Cooks
136   Certificates of competency of ships' cooks




                               Ships' Cooks

   136. Certificates of competency of ships' cooks---(1) Without limiting
 the general power to make regulations conferred by section 504 of this
 Act, regulations may be made under that section providing for the grant
 of certificates of competency as ship's cook; and without prejudice to
 the generality of the foregoing provisions of this subsection, those
 regulations may---
   (a) Prescribe the qualifications of candidates for certificates of
         competency as ship's cook; and
   (b) Provide for the holding and conduct of examinations of candidates
         for such certificates; and
   (c) Make such consequential provision as appears to the
         Governor-General to be necessary or expedient.

   [(1A) For the purpose of granting certificates of competency as ship's
 cook to persons desirous of obtaining them, examinations shall be held
 at such times and places, and by such Examiners, as the Minister from
 time to time appoints; and the Examiners shall adhere strictly to the
 requirements of regulations made under this section.]

   (2) The Secretary shall, on payment of any fee which may be prescribed
 by regulations made pursuant to section 501 of this Act, cause to be
 delivered to every applicant who possesses the necessary qualifications
 and has passed the examination a certificate of competency as ship's
 cook.

   (3) Every such certificate shall be made in a form approved by the
 Minister and shall be in duplicate, one part to be delivered to the
 person entitled to the certificate and one to be preserved.

   (4) Any such certificate shall be admissible in evidence in manner
 provided by this Act.

   (5) If any person proves to the satisfaction of the Secretary that he
 has, without fault on his part, lost or been deprived of a certificate
 of competency as ship's cook already granted to him under this section,
 the Secretary shall, and in any other case may, upon payment of such fee
 (if any) as is prescribed by regulations made pursuant to section 501 of
 this Act, cause a copy of that certificate to be certified by the
 officer directed to keep the record and to be delivered to him; and a
 copy purporting to be so certified shall have all the effect of the
 original.

   (6) Where the Governor-General is satisfied that certificates of
 competency as ship's cook granted by or under the authority of the
 Government of any Commonwealth country other than New Zealand are
 granted on such principles as to show the like qualifications as those
 granted in accordance with regulations made pursuant to this section,
 the Governor-General may, by Order in Council, declare that the said
 certificates shall be of the same force as those granted in accordance
 with such regulations as aforesaid; and accordingly the certificates
 shall have effect as if they had been so granted.

   (7) Every person is guilty of a crime who---
   (a) Forges or fraudulently alters, or assists in forging or
         fraudulently altering, or procures to be forged or fraudulently
         altered, any certificate of competency as ship's cook, or an
         official copy of any such certificate; or
   (b) Makes, or assists in making, or procures to be made, any false
         representation for the purpose of procuring either for himself
         or for any other person any such certificate; or
   (c) Fraudulently uses such a certificate or a copy thereof which has
         been forged or altered or to which he is not entitled; or
   (d) Fraudulently lends any such certificate held by him, or allows it
         to be used by any other person.
     Cf. 1909, No. 36, s. 15; 1913, No. 77, s. 8; Merchant Shipping Act
       1948, s. 6 (U.K.)

       Subs. (1A) was inserted by s. 24 of the Shipping and Seamen
     Amendment Act 1959.
       As to the summary jurisdiction of a District Court Judge under
     subs. (7) of this section, see s. 6 of the Summary Proceedings Act
     1957, reprinted 1975, Vol. 4, p. 3116.
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