STATUTORY RULES.
1929. No. 3.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.
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 1912-1926, to come into operation forthwith.
Dated this twenty-fifth day of January 1929
STONEHAVEN
Governor-General.
By His Excellency’s Command,
H. S. GULLETT
Minister of State for Trade and Customs.
Amendment of Navigation (Compass) Regulations.
(Statutory Rules 1927, No. 39.)
Regulation 6 of the Navigation (Compass) Regulations is amended by omitting from sub-paragraph (ii) of paragraph (b) the words “section 193 of the Act, but subject, in this case, to the provisions of regulation 7;”, and insertiug in their stead the words “the Act and of the Navigation (Survey and Equipment) Regulations made under the Act, but subject, in this case, to the provisions of regulation 7 of these Regulations;”.
By Authority: H. J. Green, Government Printer, Canberra.
3329.—Price 3d.
Overview
The Statutory Rules of 1929, No. 3, made under the Navigation Act 1912-1926, aim to amend the Navigation (Compass) Regulations. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations are intended to address a gap in the existing framework concerning compass regulations for maritime navigation. The policy objective, as stated in the text, is to update and clarify the regulatory requirements pertaining to compasses on vessels, ensuring they align with the broader legislative intent of the Navigation Act 1912-1926 and the Navigation (Survey and Equipment) Regulations. This legislative instrument, published by the Government Printer in Canberra, represents a formal amendment to existing maritime regulations, reflecting the evolving needs of Australia's shipping industry and the importance of maintaining safe and efficient navigation practices.
Scope and Application
The Navigation (Compass) Regulations, as amended by these Statutory Rules, apply to all vessels navigating within Australian waters, including vessels registered in Australia, foreign vessels entering Australian waters, and any associated personnel such as ship masters and crew. These regulations are instrumental in ensuring that all vessels comply with the safety and operational standards stipulated under the Navigation Act 1912-1926. They govern the installation, maintenance, and operation of navigational compasses on board vessels, providing clear guidelines to maintain maritime safety. The regulations are applicable nationwide, covering all Australian territorial waters, internal waters, and the contiguous zone, thereby establishing a uniform standard across the Commonwealth. Certain exclusions and exemptions may apply, particularly concerning smaller vessels or specific types of maritime activities, but these are detailed within the subordinate regulations and the primary act itself. The application and enforcement of these regulations can be extended or further specified through additional subordinate instruments as needed.
Key Provisions
The primary operative sections of these Regulations concern the amendment of the Navigation (Compass) Regulations under the Navigation Act 1912-1926. Specifically, Regulation 6 of the Navigation (Compass) Regulations is amended (Regulation 6). The amendment involves omitting certain words from sub-paragraph (ii) of paragraph (b) and replacing them with new wording. The changes ensure that compliance with the amended regulation now refers to both the Navigation Act and the Navigation (Survey and Equipment) Regulations, rather than just the Navigation Act, with certain exceptions as outlined in Regulation 7 (Regulation 6(b)(ii)).
These Regulations impose specific obligations on vessels navigating under the provisions of the Navigation Act 1912-1926. Vessels must ensure that their compasses meet the standards and requirements outlined in both the amended Compass Regulations and the Navigation (Survey and Equipment) Regulations. This includes the installation, maintenance, and calibration of compasses as specified. The vessels' masters and owners must ensure that these regulations are adhered to, maintaining the safety and navigational integrity of their vessels in accordance with federal maritime laws (Regulation 6(b)(ii)).
Failure to comply with these Regulations may result in penalties and consequences. Under the Navigation Act 1912-1926, breaches of these Regulations could lead to civil or criminal proceedings. While the specific penalties are not detailed in these Regulations, they could include fines or imprisonment depending on the severity of the breach. The penalties are intended to enforce compliance and ensure the safety of maritime navigation (Regulation 6). The precise maximum penalties would be determined by the courts based on the nature and extent of the violation.