W.A. Marine (Adjustment of Compasses) Regulations 1983 (WA)

Western Australia

Western Australian Marine Act 1982

W.A. Marine (Adjustment of Compasses) Regulations 1983

Western Australia

W.A. Marine (Adjustment of Compasses) Regulations 1983 Contents

Western Australia

Western Australian Marine Act 1982

Western Australian Marine Act 1982

W.A. Marine (Adjustment of Compasses) Regulations 1983

1.Citation

These regulations may be cited as the W.A. Marine (Adjustment of Compasses) Regulations 1983 1.

2.Commencement

These regulations shall come into operation on 1 July 1983.

[2A. Deleted: Gazette 15 February 1991 p.702.]

3.Application

These regulations shall apply to all vessels and voyages to which the Act applies.

4.Adjustment of compasses

• (1)

  In this regulation —

Code means the Uniform Shipping Laws Code, referred to in section 115 of the Act, as in existence on 1 October 2009;

licensed adjuster means —

• (a)

  the holder of a licence as an adjuster of compasses under regulation 5; or

• (b)

  in relation to a vessel that does not exceed 35 metres in length —

• (i)

  the holder of a licence as an adjuster of compasses (restricted) under regulation 5; or

• (ii)

  a person who is a licensed compass adjuster as defined in the Marine Orders Part 21 (Commonwealth).

• (1A)

  Subject to subregulation (2) the compass of a vessel must be adjusted, and a deviation card must be furnished, by a licensed adjuster —

  • (a)

    before an initial certificate of survey of the vessel is issued; and

  • (b)

    thereafter at intervals not exceeding —

    • (i)

      if the vessel is a new vessel as defined in Amendment List 7 to the Code as adopted on 7 November 2008 — 4 years; or

    • (ii)

      for any other vessel — 3 years.

• (2)

  Where the chief executive officer is satisfied that a compass adjustment is not required or that an adjustment may be deferred without detriment to the safety of the vessel, the chief executive officer may exempt the vessel from compass adjustment for such period as the chief executive officer may determine.

• (2a)

  A deviation card referred to in subregulation (1) shall be in a form approved by the chief executive officer.

• (3)

  Without prejudice to the requirements of subregulations (1) and (2), the compass of a vessel must be adjusted, and a deviation card must be furnished, by a licensed adjuster in the following circumstances — 

  • (a)

    if the vessel has undergone repairs or alterations of such a nature as is, in the opinion of the chief executive officer, likely to affect the accuracy of the compass;

  • (b)

    if the vessel has not previously operated from a port or place in Australia; and

  • (c)

    if the compass of the vessel is, in the opinion of the chief executive officer, unsatisfactory or unreliable.

[Regulation 4 amended: Gazette 5 August 1983 p.2839; 30 August 1985 p.3084; 16 October 1987 p.3896; 30 June 1989 p.1929; 1 August 1990 p.3644; 15 February 1991 p.702; 26 July 1991 p.3928; 30 June 1992 p.2905; 11 August 1992 p.3976; 29 June 1993 pp.3184‑5; 14 June 1994 p.2486; 11 July 1995 p.2947; 25 June 1996 p.2998; 11 Dec 2009 p. 5088‑9.]

5.Licence to adjust compass

• (1)

  A licence as an adjuster of compasses or an adjuster of compasses (restricted) may be issued by the chief executive officer to a competent person.

• [(2)

  deleted]

• (3)

  A person is competent to be granted a licence as an adjuster of compasses if he is the holder of a certificate of competency as compass adjuster.

• (4)

  A person is competent to be granted a licence as an adjuster of compasses (restricted) for the adjustment of compasses on vessels not exceeding 35 metres in length if he is the holder of a certificate of competency (restricted) as compass adjuster.

[Regulation 5 amended: Gazette 11 August 1992 p.3976; 11 Dec 2009 p. 5089.]

6.Certificates of competency

• (1)

  The chief executive officer shall issue a certificate of competency as compass adjuster — 

  • (a)

    without further examination and on payment of a fee of $10 to the holder of a certificate of competency as extra master, Class I or equivalent, issued or recognized under the Navigation Act 1912 of the Commonwealth;

  • (b)

    without further examination and on payment of a fee of $10 to the holder of a licence as a compass adjuster issued or recognized under the Navigation Act 1912 of the Commonwealth.

• (2)

  The chief executive officer shall issue a certificate of competency (restricted) as compass adjuster for compasses on vessels not exceeding 35 metres in length, without further examination and on payment of a fee of $10, to an applicant who has, not more than 12 months before making the application, successfully completed a course for compass adjusters (restricted) conducted by the Australian Maritime College at Launceston and approved by the chief executive officer.

[Regulation 6 amended: Gazette 11 August 1992 p.3976.]

7.Restriction

A licensed adjuster must not adjust the compass of a vessel, or furnish a deviation card in respect of a vessel, of which he is the master.

[Regulation 7 amended: Gazette 11 Dec 2009 p. 5089.]

8.Offence

The owner or master of a vessel shall not send or take the vessel on a voyage or permit the vessel to begin a voyage unless the compass of the vessel has been adjusted and a deviation card furnished in accordance with the requirements of these regulations.

Penalty: $1 000.

9.Repeal

[Omitted under s. 7(4)(f) of the Reprints Act 1984.]

Notes

1         This is a compilation of the W.A. Marine (Adjustment of Compasses) Regulations 1983 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
W.A. Marine (Adjustment of Compasses) Regulations 1983	1 Jul 1983 p. 2191‑2	1 Jul 1983 (see r. 2)
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1983	5 Aug 1983 p. 2839	5 Aug 1983
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1985	30 Aug 1985 p. 3084	2 Sep 1985 (see r. 2)
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1987	16 Oct 1987 p.3896	16 Octber 1987
W.A. Marine (Adjustment of Compasses) Amendment Regulations (No. 2) 1989	30 Jun 1989 p. 1928‑9	1 Jul 1989 (see r. 2)
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1990	1 Aug 1990 pp.3643‑4	1 Aug 1990 (see r. 2)
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1991	15 Feb 1991 p. 701‑02	15 Feb 1991
W.A. Marine (Adjustment of Compasses) Amendment Regulations 1991	26 Jul 1991 p. 3928	1 Aug 1991 (see r. 2)
W.A. Marine Amendment Regulations (No. 2) 1992, Pt. 2	30 Jun 1992 p. 2905	1 Jul 1992 (see r. 2)
W.A. Marine Amendment Regulations 1992, Pt. 2	11 Aug 1992 p. 3976	11 Aug 1992
W.A. Marine Amendment Regulations 1993, Pt. 2	29 Jun 1993 p. 3184‑5	1 Jul 1993 (see r. 2)
W.A. Marine Amendment Regulations 1994, Pt. 2	14 Jun 1994 p. 2486	1 Jul 1994 (see r. 2)
W.A. Marine Amendment Regulations 1995, Pt. 2	11 Jul 1995 p. 2947	11 Jul 1995
W.A. Marine Amendment Regulations 1996, Pt. 2	25 Jun 1996 p. 2998	25 Jun 1996
Reprint of the W.A. Marine (Adjustment of Compasses) Regulations 1983 as at 18 Jun 1999 (includes amendments listed above)
W.A. Marine Amendment Regulations 2009 Pt. 2	11 Dec 2009 p. 5087‑109	12 Dec 2009 (see r. 2(b))

2         Regulation 4(2)(b) was repealed in Gazette 15 February 1991 p.702.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Code.............................................................................................................................. 4(1)

licensed adjuster.......................................................................................................... 4(1)