Navigation (Compass) Regulations 1944 (Amendment)

Overview

The Statutory Rules 1959 No. 44, which includes the Regulations under the Navigation Act 1912-1956, was enacted to address the need for updates and amendments to the Navigation (Compass) Regulations. This legislative instrument was introduced by the Governor-General, W. J. Slim, acting on the advice of the Federal Executive Council, and is aimed at refining and maintaining safety and navigational standards for maritime vessels in Australian waters. The enactment reflects a policy objective to ensure that maritime navigational instruments, specifically compasses, are correctly installed, maintained, and regulated to support safe and efficient maritime operations. The Regulations modify definitions and requirements pertaining to the installation and maintenance of compasses on ships, replacing outdated references and updating the authorities responsible for enforcing these regulations.

Scope and Application

The Navigation (Compass) Regulations, made under the Navigation Act 1912-1956, apply to all ships navigating within Australian waters. These regulations mandate the provision of specific types of magnetic and gyroscopic compasses on ships, ensuring that they are suitably positioned and equipped for safe navigation. The regulations apply to ships of all sizes but provide for conditional exemptions for ships under 500 gross registered tons if the Director is satisfied that more than one compass is unnecessary. The regulations also detail the mounting requirements for compasses, stipulating that all magnetic compasses must be mounted on a binnacle, with the exception of the alternative steering compass which may be mounted on a pedestal. Magnetic standard compasses must be equipped with appliances for accurate bearings. The regulations further outline the process for compass adjustment and examination, particularly for ships under an exemption, ensuring that compasses are regularly checked and maintained. The regulations are applicable nationally, extending the reach of the Navigation Act 1912-1956 throughout the Commonwealth of Australia.

Key Provisions

The main operative sections of these Regulations under the Navigation Act 1912-1956 primarily concern the requirements for ships to be equipped with specific types of compasses and the conditions under which certain ships may be exempted from these requirements (regs 3, 5, 6, 6a, 6b, 8, 12). According to Regulation 6(1), ships must be provided with a magnetic compass for use as a steering compass, a magnetic compass for use as a standard compass, and a magnetic compass at any alternative steering position. However, there are exceptions detailed in Regulation 6(2), which allow for the exemption of certain ships from carrying a steering compass if specific conditions are met. Regulation 6a specifies that magnetic compasses must be mounted on a binnacle, although an alternative steering compass may be mounted on a pedestal. Regulation 6b requires that magnetic standard compasses be equipped with appliances for taking accurate observations and bearings. Regulation 8 details the conditions under which ships may be conditionally exempted from the compass requirements and mandates that these compasses be examined and adjusted by a certified compass adjuster at least once every two years. The Regulations impose several obligations on ships and their operators. Ships must ensure that they are equipped with the requisite number and types of compasses as specified in Regulation 6. The magnetic compasses must be mounted appropriately, either on a binnacle or a pedestal as per Regulation 6a. Additionally, magnetic standard compasses must be furnished with the necessary appliances for taking bearings as per Regulation 6b. Ships in which an exemption is granted must still comply with the requirement to have their compasses examined and adjusted by a certified compass adjuster at least every two years, as per Regulation 8(2). Operators of ships must also ensure that any compass adjusters are licensed by the Ministry of Transport and Civil Aviation, as per Regulation 12. Breach of these Regulations can result in various civil and criminal consequences. While the Regulations themselves do not explicitly state maximum penalties, breaches of the Navigation Act 1912-1956 or any subordinate legislation can result in fines and imprisonment under the general provisions of the Act. The severity of the penalty may depend on the nature and extent of the breach, with more serious violations potentially leading to higher fines and longer periods of imprisonment. Additionally, failure to comply with these Regulations can result in the ship being detained or its operators being subject to other enforcement actions by the relevant authorities.