Navigation (Compass) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the
Dated this nineteenth day of April, 1974.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
C. K. JONES
Minister of State for Transport.
Amendments of the Navigation (Compass) Regulations
“ 3. (1) In these Regulations, unless the contrary intention appears—
‘ adjuster of compasses ’ means a person holding a licence issued under regulation 12, being a licence that has not been cancelled;
‘ approved person ’, in relation to a regulation, means an officer of the Department of Transport appointed by instrument in writing by the Minister to be an approved person for the purposes of that regulation;
‘ Regional Controller ’ means a person holding, or for the time being performing the duties of, an office of Regional Controller, Department of Transport;
‘ the Act ’ means the
Navigation Act 1912-1973.
“ (2) Where a term used in these Regulations is defined in section 187a of the Act for the purposes of Part IV of the Act, that term shall, unless the contrary intention appears, have the same meaning in these Regulations as in that Part of the Act.
“ (3) A reference in these Regulations to a form by number shall be read as a reference to the form so numbered in Schedule 1.”.
* Notified in the
Statutory Rules 1914, No. 178, as amended by Statutory Rules 1950, No. 60; 1954, No 25; 1959, No. 44; 1963, No. 97; 1964, No. 37; and 1965, No. 170.
“ 4. (1) Subject to sub-regulation (2), these Regulations apply to and in relation to every ship that is—
(a) registered in Australia;
(b) licensed to engage in the coasting trade; or
(c) surveyed in Australia for the issue of an Australian certificate of survey or equipment.
“ (2) These Regulations do not apply to or in relation to ships operating on the River Murray.”.
(a) by omitting paragraph (c) of sub-regulation (1) and substituting the following paragraph:—
“ (c) where an alternative steering position is provided to comply with the provisions of the Navigation (Construction) Regulations—
(i) a magnetic compass sited on the centre line of the ship at that alternative steering position; or
(ii) a gyroscopic compass a card of which, or a card of a repeater of which, can be read from that alternative steering position.”;
(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—
“ (2) Where a ship is provided with—
(a) a gyroscopic compass a card of which, or a card of a repeater of which, can be read from the normal steering position; and
(b) a compass specified in paragraph (b) of sub-regulation (1) that—
(i) is of the reflector or projector type; and
(ii) can be read from the normal steering position,
and the ship is also provided with—
(c) a compass specified in sub-paragraph (i) of paragraph (c) of sub-regulation (1) that is interchangeable with the compass specified in paragraph (b) of that sub-regulation; or
(d) a spare compass bowl and card for the compass specified in paragraph (b) of sub-regulation (1),
sub-regulation (1) does not require the ship to be provided with a compass specified in paragraph (a) of that sub-regulation.”; and
(c) by omitting sub-regulation (5) and substituting the following sub-regulation:—
“ (5) A magnetic compass provided in a ship in accordance with this regulation shall be so placed that, so far as is reasonably practicable, the effect on the compass of the surrounding components of the structure of the ship is at a minimum.”.
“ 6c. Where the Minister is satisfied that it is unnecessary for a ship to be provided with all or any of the compasses or equipment referred to in regulation 6, 6a or 6b, he may, by writing under his hand, subject to such conditions or requirements as he may specify in the exemption, exempt the ship from all or any of the requirements of those regulations.”.
“ 7. (1) The compasses of a ship undergoing its first survey to which these Regulations apply shall be examined and, where necessary, adjusted by an adjuster of compasses before the issue of a certificate of survey, a passenger certificate, a certificate of equipment, a passenger ship safety certificate or a cargo ship safety equipment certificate for the ship.
“ (2) Subject to sub-regulations (3), (4), (5) and (6), the compasses of a ship, not being a ship to which sub-regulation (1) applies, to which these Regulations apply shall be examined and, where necessary, adjusted by an adjuster of compasses before the ship first goes to sea from a port in Australia after—
(a) the ship has been laid up for a period of three months or more;
(b) the ship has been surveyed in accordance with the requirements of the Act and of the Navigation (Survey) Regulations for the purpose of the issue or renewal of a certificate under Division 2 or Division 2b of Part IV of the Act, other than a cargo ship safety construction certificate, a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate;
(c) the ship, not being a ship registered in Australia, is licensed to engage in the coasting trade;
(d) the ship, a part of the ship or equipment on the ship has been overhauled, altered or repaired so as, in the opinion of a surveyor, to affect or be likely to affect the accuracy of the compasses of the ship; or
(e) the master of the ship has received a notice under sub-regulation (3).
“ (3) Where a surveyor has reasonable ground to believe that the compasses of a ship are or are likely to be unreliable, he shall give notice in writing accordingly to the master of the ship.
“ (4) Where the compasses of a ship would, but for this sub-regulation, be required to be examined and, where necessary, adjusted by an adjuster of compasses before the ship first goes to sea from a port in Australia after an event referred to in paragraph (a), (b) or (c) of sub-regulation (2) and the Minister is satisfied, after report to him by a surveyor, that further adjustment of the compasses of the ship after that event is unnecessary, he may, by writing under his hand, subject to such conditions as he thinks fit, exempt the ship from the requirements of that sub-regulation in relation to that event.
“ (5) Where—
(a) the compasses of a ship would, but for this sub-regulation, be required to be examined and, where necessary, adjusted by an adjuster of compasses before the ship first goes to sea from a port in Australia after an event referred to in paragraph (b) of sub-regulation (2); and
(b) the surveyor is satisfied from evidence produced by the master of the ship that the compasses of the ship have been properly examined and adjusted during the period of fifteen months immediately preceding the date on which the ship was so surveyed,
the ship is exempt from the requirements of sub-regulation (2) in relation to that event.
“ (6) Where the compasses of a ship, not being a ship registered in Australia, would, but for this sub-regulation, be required to be examined and, where necessary, adjusted by an adjuster of compasses before the ship first goes to sea from a port in Australia after the ship is licensed to engage in the coasting trade and the compasses of the ship have been adjusted for the Southern Hemisphere before the ship is so licensed, the ship is exempt from the requirements of sub-regulation (2) in relation to that event.”.
(a) by omitting from sub-regulation (1) the words “ Form C3 or ”;
(b) by inserting in sub-regulation (2), after the words “ Regional Controller ” (wherever occurring), the words “ or an approved person ”; and
(c) by omitting from the proviso to sub-regulation (2) the words “ on any given compass point ” and substituting the words “ for any particular compass heading ”.
(a) by omitting from sub-regulation (1) the words “ gross register registered in Australia or licensed to engage in the coasting trade, or regularly trading from a port in the Commonwealth as head-quarters ” and substituting the words “ gross registered tonnage ”; and
(b) by omitting from sub-regulation (3) all words after the word “ demand ”.
“ (1) Subject to regulation 14, an approved person may issue a licence in accordance with Form C7 to—
(a) an applicant who holds a certificate of competency as extra master issued under or recognized by the Act;
(b) an applicant who holds a certificate of competency as master issued under or recognized by the Act and who passes the examination the syllabus and conditions of which are prescribed by Schedule 2 or an examination that is certified by the Minister to be equivalent to that examination; or
(c) an applicant who possesses any other qualifications and experience that are certified by the Minister as qualifying him to perform the duties of an adjuster of compasses.”.
“ 12a. A candidate for the examination prescribed by Schedule 2 is not eligible to sit for that examination unless he has paid to Australia a fee of Ten dollars in respect of that examination.”.
(a) by omitting from sub-regulation (1) the words “ A Regional Controller ” and substituting the words “ The Minister ”;
(b) by inserting after sub-regulation (1) the following sub-regulation:—
“ (1a) The Minister shall not, under sub-regulation (1), cancel a licence issued to an adjuster of compasses unless he is satisfied that the adjuster is not competent to perform the duties of an adjuster of compasses for the purposes of these Regulations.”;
(c) by omitting from sub-regulation (2) the words “ the Commonwealth ” and substituting the word “ Australia ”; and
(d) by omitting sub-regulations (3) and (4) and substituting the following sub-regulations:—
“ (3) An adjuster of compasses whose licence is cancelled under sub-regulation (1) shall forthwith deliver up the licence to an approved person.
“ (4) An adjuster of compasses may appeal to a Court of Marine Inquiry as provided by sub-section 356 (2) of the Act against the order.”.
“ (1a) A reference in this regulation to an adjuster of compasses shall be read as a reference to an adjuster of compasses who holds an office in the Department of Transport.
“ (2) Where an adjuster of compasses performs his services, a fee is payable determined, according to the gross registered tonnage of the ship, in accordance with the following table:—
Gross registered tonnage of ship | Fees |
$ | |
Under 50 tons ............................................................................................................... | 18.00 |
50 tons and over but under 250 tons ............................................................................... | 24.00 |
250 tons and over but under 1,000 tons ........................................................................... | 36.00 |
1,000 tons and over but under 3,000 tons ........................................................................ | 48.00 |
3,000 tons and over ....................................................................................................... | 72.00 |
(2) Regulation 17 of the Navigation (Compass) Regulations is amended—
(a) by omitting from the definition of “ office of the Department ” in sub-regulation (1) the words “ Shipping and ”;
(b) by omitting from sub-regulations (3), (4), (5) and (6) the words “ to the adjuster ”;
(c) by omitting from sub-regulation (4) the word “ but ” and substituting the words “ and sets out to commence the examination but ”;
(d) by omitting from sub-regulation (7) the words “, to the adjuster ”;
(e) by omitting from paragraph (a) of sub-regulation (7) the words “ the port at which he is ordinarily stationed ” and substituting the words “ a port at which he or another adjuster of compasses is ordinarily stationed ”;
(f) by omitting paragraph (b) of sub-regulation (7) and substituting the following paragraph:—
“ (b) in any other case—a fee equal to the travelling and subsistence expenses which would have been necessarily incurred if the adjuster had travelled from the nearest port or out-port at which an adjuster is stationed to and from the ship for the purpose of performing those services.”; and
(g) by omitting sub-regulation (9) and substituting the following sub-regulation:—
“ (9) Where a fee payable under this regulation in relation to the services of an adjuster of compasses is not paid, the amount of the fee is recoverable from the person who requested those services as a debt due to Australia.”.
(2) Schedule 1 to the Navigation (Compass) Regulations is amended—
(a) by omitting the words “ FIRST SCHEDULE ” and substituting the word and figure “ SCHEDULE 1 ”;
(b) by omitting Form C1, Form C2 and Form C3; and
(c) by omitting Form C5, Form C6, Form C7 and Form C8 and substituting the forms in Schedule 1.
(3) Schedule 1 to the Navigation (Compass) Regulations is amended by omitting from Form C4 the words—
“ Form C4.
Commonwealth of Australia.
(Seal.)
COMPASS ADJUSTER’S DECLARATION.
Nav. (Compass)
Reg. 10.
Name of Vessel Master
Table of Deviations OF the Standard Compass With D.G. Off.”
and substituting the words—
“ Form C4 Regulation 10
Australia
Navigation (Compass) Regulations
COMPASS ADJUSTER’S DECLARATION
Name of Ship
Table of Deviation of the Standard Compass ”.
(4) Schedule 2 to the Navigation (Compass) Regulations is amended by omitting the words “ SECOND SCHEDULE ” and substituting the word and figure “ SCHEDULE 2 ”.
SCHEDULE 1 Regulation 16 (2) (c)
Form C5 Regulation 10
Australia
Navigation (Compass) Regulations
COMPASS CERTIFICATE
State of Port of
This is to certify that the compasses of the have been
examined and adjusted by, an adjuster of compasses licensed under the Navigation (Compass) Regulations. The compasses are now in good order, and the adjuster has deposited with me Form C4 showing the deviations of the Standard Compass remaining after adjustment in accordance with regulation 10 of the Navigation (Compass) Regulations.
Dated this day
of, 19 .
Department of Transport.
Schedule 1—
Form C6 Regulation 11
Australia
Navigation (Compass) Regulations
COMPASS-ERROR REGISTER BOOK
Date | Apparent Time (Ship) | Ship’s Head by Standard Compass | Latitude | Longitude | Compass Bearing | True Bearing | Error | Variation Corrected to Date | Deviation | Body Observed | Heel | Ship’s Head by Steering Compass | Initials of Observer | |
S.* | P. | |||||||||||||
* Starboard Port
Schedule 1—
Form C7 Regulation 12
Australia
Navigation (Compass) Regulations
LICENCE AS ADJUSTER OF COMPASSES
No.
Pursuant to the provisions of the Navigation (Compass) Regulations, ,
of in the State of, is hereby authorized to examine and adjust the compasses of ships and to compute their deviations, at any port in Australia.
Dated at this day of 19 .
An approved person under the
Navigation (Compass) Regulations.
(
Note—The holder of this licence shall produce it on demand to a surveyor, or to a master, owner or agent requiring his services.
Form C8 Regulation 14
Australia
Navigation (Compass) Regulations
APPLICATION FOR A LICENCE AS ADJUSTER OF COMPASSES
State of. Port of .
I*
hereby make application to be granted a Licence as Adjuster of Compasses under the provisions of the Navigation (Compass) Regulations.
I am the holder of a valid certificate of competency as
No. issued at, which certificate is submitted herewith.
I submit herewith testimonials as to my good conduct and character during the past twelve months.
I also submit | deviation cards | as required by regulation 14 of the |
evidence of practice as a compass adjuster | ||
Navigation (Compass) Regulations. | ||
I held Licence No. as Adjuster of Compasses, dated
, 19
Date and place of birth
(
To the Regional Controller,
Department of Transport,
State of
*Here state full name, place of residence and occupation.
SCHEDULE 2 Regulation 17
AMENDMENTS RELATING TO DECIMAL CURRENCY
Provisions amended | Omit— | Insert— |
Regulation 17 (3) (a) .............................. | Five pounds ten shillings | Eleven dollars |
Regulation 17 (3) (b) .............................. | Four pounds ten shillings | Nine dollars |
Regulation 17 (3) (c) .............................. | Two pounds ten shillings | Five dollars |
Regulation 17 (4) (a) .............................. | Five pounds | Ten dollars |
Regulation 17 (4) (b) .............................. | Three pounds ten shillings | Seven dollars |
Regulation 17 (4) (c) .............................. | Two pounds ten shillings | Five dollars |
Regulation 17 (5) ................................... | One pound ten shillings | Three dollars |
Six pounds | Twelve dollars | |
Regulation 17 (6) ................................... | Two pounds ten shillings | Five dollars |
Regulation 22 ........................................ | Fifty pounds | One hundred dollars |
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