Navigation (Compass) Regulations (Amendment) (Cth)

STATUTORY RULES

 

1965 No. 170

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REGULATION UNDER THE NAVIGATION ACT 1912-1965.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1965.

Dated this eighteenth

day of November, 1965.

CASEY

Governor-General.

By His Excellency’s Command,

  

Gordon Freeth

Minister of State for Shipping and Transport

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Amendment of the Navigation (Compass) Regulations 

Regulation 17 of the Navigation (Compass) Regulations is repealed and the following regulation inserted in its stead:—

“17.—(1.) In this regulation—

Fees for adjustment of compasses.

‘office of the Department’, in relation to services in examining, or examining and adjusting, the compasses of a ship, means the office of the Department of Shipping and Transport, or of the representative of that Department, at the place where the services are, or are to be, performed;

‘services’ means services in examining, or examining and adjusting, for the purposes of these Regulations, all the compasses that a ship is provided with in accordance with these Regulations.

“(2.) There is payable to an adjuster of compasses for his services in relation to a ship, a fee determined, according to the gross registered tonnage of the ship, in accordance with the following table:—

Gross registered tonnage of ship	Fees
£	s.	d.
Not exceeding 250 tons....................................................................................................	6	0	0
Exceeding 250 tons but not exceeding 1,000 tons..............................................................	9	0	0
Exceeding 1,000 tons but not exceeding 3,000 tons...........................................................	12	0	0
Exceeding 3,000 tons.......................................................................................................	18	0	0

* Notified in the Commonwealth Gazette on                                                        , 1965

  Statutory Rules 1944, No. 178, as amended by Statutory Rules 1950, No. 60; 1954, No. 25; 1959, No. 44; 1963, No. 97; and 1964, No. 37

6864/64.—Price 9d. (8c)  9/19.10.1965

“(3.) Where, as the result of a request made by the owner, agent or master of a ship, any part of the services of an adjuster of compasses is performed at a time when the office of the Department is not open for public business, there is payable to the adjuster, by virtue of this sub-regulation—

(a)if the part of the services is performed on a day when the office is not open at any time for public business—a fee of Five pounds ten shillings;

(b)if the part of the services is performed between eleven o’clock in the evening of a day and six o’clock in the morning of the next following day and neither of those days is a day referred to in the last preceding paragraph—a fee of Four pounds ten shillings; or

(c) in any other case—a fee of Two pounds ten shillings.

“(4.) Where, as a result of a request made by the owner, agent or master of a ship, an adjuster of compasses is required to attend at a time and place for the purpose of examining, or examining and adjusting, the compasses of the ship (being a time when the office of the Department is not open for public business) but the proposed examination does not commence because the owner, agent or master cancels the request, there is payable to the adjuster, by virtue of this sub-regulation—

(a) if the time appointed is on a day when the office of the Department is not at any time open for public business—a fee of Five pounds;

(b)if the time appointed is between the hours of eleven o’clock in the evening of a day and six o’clock in the morning of the next following day and the day on which the time is appointed is a day other than a day referred to in the last preceding paragraph—a fee of Three pounds ten shillings; or

(c) in any other case—a fee of Two pounds ten shillings.

“(5.) Where—

(a) an adjuster of compasses is available at the time and place appointed for the performance of services in relation to a ship and is, for any reason outside his control, compelled to wait for a period in excess of half an hour after that time before he can commence the performance of those services;

(b)an adjuster of compasses is performing services in relation to a ship and, for any reason outside his control, the services are interrupted and he is compelled to wait for a period in excess of half an hour before he can continue those services; or

(c) an adjuster of compasses performing services in relation to a ship is compelled, for any reason outside his control, to wait on the ship after the completion of those services for a period in excess of half an hour,

a fee calculated at the rate of One pound ten shillings for each hour, or part of an hour, of the excess, or a fee of Six pounds, whichever is the less, is payable to the adjuster, by virtue of this sub-regulation, in respect of those services.

“(6.) Where, as a result of a request made by the owner, agent or master of a ship, an adjuster of compasses inspects any of the compasses of the ship, otherwise than in the course of examining, or examining and adjusting, for the purposes of these Regulations, all the compasses that the ship is provided with in accordance with these Regulations, there is payable to the adjuster, by the person requesting the inspection, a fee of Two pounds ten shillings in respect of that inspection.

“(7.) Where, as a result of a request made by the owner, agent or master of a ship, an adjuster of compasses attends on the ship for the purpose of performing services in relation to a ship, there is payable, by virtue of this sub-regulation, to the adjuster—

(a)if the services are performed within the limits of the port at which he is ordinarily stationed—a fee equal to the amount of any travelling expenses necessarily incurred by the adjuster in proceeding to and from the ship for the purpose of performing those services; or

(b)in any other case—a fee equal to the travelling and subsistence expenses necessarily incurred by the adjuster in travelling to and from the ship for the purpose of performing those services.

“(8.) The fact that a fee is, by virtue of a particular sub-regulation of this regulation, payable in respect of services shall not be taken to prevent a further fee, or further fees, being payable in respect of those services by virtue of another sub-regulation, or other sub-regulations, of this regulation.

“(9.) A fee payable to a compass adjuster under this regulation in respect of the performance of services is payable by the person who requests those services.”.

                         

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra