STATUTORY RULES.
1930. No. 16.
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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-eighth day of February, 1930.
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
For Minister of State for Trade and Customs.
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Amendment of Navigation (Compass) Regulations.
(Statutory Rules 1927, No. 39, as amended by Statutory Rules 1929, No. 3.)
Regulation 16 of the Navigation (Compass) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:—
“(2a) If an adjuster of compasses whose services have been applied for duly attends on board the ship at the time and place mentioned in the application, and the ship for any reason does not within half an hour of that time get under way in order to proceed to the place or area at or in which the adjustment of the compasses is to be made, and the adjuster is as a consequence delayed in the performance of his duties, an additional charge shall be payable at the rate of Ten shillings and sixpence per hour or part of an hour for the time in excess of half an hour he is so delayed:
Provided that such additional charge shall not in any case exceed a total of £2 2s.”
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Statutory Rules 1930, No. 16, under the Navigation Act 1912-1926, were introduced to amend the Navigation (Compass) Regulations, addressing issues related to delays in the adjustment of ship compasses and the associated costs for the adjusters. Enacted by the Governor-General in the Federal Executive Council, these regulations were aimed at ensuring that adjusters of compasses are fairly compensated for any delays that occur due to the ship not getting underway on time. The policy objective was to provide a clear framework for the additional charges that could be applied if the adjuster's services were delayed beyond the half-hour mark after their scheduled attendance on the ship, with a cap on the total additional charge to prevent excessive penalties.
These regulations were necessary to establish a reasonable and predictable financial responsibility for ship owners when delays happen, thus protecting the interests of the compass adjusters and maintaining the efficiency of maritime operations. By setting a specific rate and a maximum limit for the additional charges, the legislation aimed to balance the rights of both parties involved in the compass adjustment process.
Scope and Application
The Statutory Rules 1930 No. 16, which amend the Navigation (Compass) Regulations under the Navigation Act 1912-1926, apply to any adjuster of compasses who is engaged to perform services on board a ship within the Commonwealth of Australia. The regulation specifically addresses scenarios where an adjuster duly attends as per an application but is delayed due to the ship not getting underway within half an hour. In such cases, an additional charge is imposed on the ship owner, not exceeding £2 2s in total, to compensate for the adjuster’s delayed performance. This regulation is intended to ensure that any delays caused by the ship are financially accounted for, thereby maintaining the efficiency and timeliness of maritime operations within Australian waters. The regulation does not explicitly state any exclusions, but its application is confined to the geographical jurisdiction of the Commonwealth of Australia.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the Navigation (Compass) Regulations under the Navigation Act 1912-1926. Specifically, Regulation 16 is amended by adding a new sub-regulation (2a) that imposes an additional charge if an adjuster of compasses is delayed in the performance of their duties due to the ship not getting under way within half an hour of the adjuster's attendance on board (sub-regulation 2a). This additional charge is set at ten shillings and sixpence per hour, with a maximum total charge of £2 2s (Regulation 16(2a)).
The amended Regulation imposes certain obligations on ship owners and operators to ensure timely compliance with the presence of the adjuster. Specifically, if an adjuster of compasses is duly summoned and attends on board the ship at the specified time and location, the ship must get under way within half an hour to proceed to the area where compass adjustment is to be performed. Failure to do so will result in the ship being liable for the additional charge stipulated in the new sub-regulation (Regulation 16(2a)).
Should the ship not comply with the requirement to get under way within the specified timeframe, leading to a delay of the adjuster's duties, the ship will be subject to financial penalties as outlined in the new sub-regulation. The additional charge is ten shillings and sixpence per hour or part of an hour, with a cap of £2 2s in total (Regulation 16(2a)). This financial penalty serves as a deterrent against unnecessary delays and ensures the efficient performance of compass adjustments, which are critical for the safe navigation of vessels.
There are no explicit criminal or civil penalties mentioned for breach of the amended Regulation. However, the imposition of the additional financial charge serves as a consequence for non-compliance, encouraging adherence to the stipulated timelines and requirements. The maximum penalty, as per the new sub-regulation, is capped at £2 2s, ensuring that the financial burden remains reasonable while still acting as a deterrent against delays.