Navigation (Compass) Regulations

STATUTORY RULES.

1944. No. 178.

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1942.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1942.

Dated this fifth day of December, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

for Minister of State for Supply and Shipping.

–––––––

Navigation (Compass) Regulations.

Citation.

1. These Regulations may be cited as the Navigation (Compass) Regulations.

Repeal.

2. The Navigation (Compass) Regulations (being Statutory Rules 1927, No. 39, as amended by Statutory Rules 1929, No. 3; 1930, Nos. 16 and 106; and 1931, No. 24) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“adjuster of compasses” means an adjuster of compasses licensed under these Regulations;

“surveyor” means a nautical and ship surveyor appointed under the Act;

“the Act” means the Navigation Act 1912-1942;

“the Minister” means the Minister of State for Supply and Shipping.

Application.

4. Except as hereinafter provided, these Regulations shall apply to—

(a) Ships registered in Australia;

(b) Ships licensed to engage in the coasting trade;

(c) Ships regularly trading from Commonwealth ports as head-quarters; and

(d) Ships taking on board passengers at any port in Australia for conveyance to parts beyond the seas.

* Notified in the Commonwealth Gazette on      , 1944.

4758.—Price 8d.         15/6.11.1944.

Exemptions

5.—(1.) The following ships shall be exempt from the requirements of these Regulations:—

(a) Ships under fifteen tons gross registered tonnage;

(b) River and bay ships;

(c) British ships, not registered in Australia, in respect of which a compass certificate has been issued by or under the authority of the Board of Trade of the United Kingdom and is still in force; and

(d) Foreign ships in respect of which a compass certificate has been issued by or under the authority of the Government of the country to which the ships belong.

(2.) A surveyor may inspect the compasses of any ship exempted by this regulation from the requirements of these Regulations and report thereon to the Deputy Director, who, if he considers it necessary so to do, may direct that such compasses shall be adjusted in the manner prescribed for the compasses of ships subject to these Regulations.

Compasses.

6.—(1.) Every ship to which these Regulations apply shall, before going to sea from any port in Australia, be equipped with a standard compass, placed in a suitable position and furnished with appliances for the taking of accurate observations and bearings:

Provided that it shall not be required that the standard compasses of limited coast-trade ships not exceeding 100 tons gross registered tonnage shall be furnished with appliances for taking observations and bearings unless, in the opinion of the Deputy Director, such are necessary for the safe navigation of the ship, having regard to the particular voyage or trade in which she is, or is about to be, engaged.

(2.) Every foreign-going passenger ship to which these Regulations apply shall be provided with, in addition to a standard compass, at least two good compasses in or on binnacles.

(3.) Every foreign-going cargo ship and every Australian-trade ship (passenger or cargo) to which these Regulations apply shall be provided with, in addition to a standard compass, at least one good compass in or on a binnacle:

Provided that, in the case of a ship in which provision for steering is made in one part of the ship only, and the compass for the use of the helmsman is placed and equipped as provided in sub-regulation (1.) of this regulation, the Director, if he is satisfied that two compasses are unnecessary, may by writing under his hand dispense with the requirement of an additional compass.

Examination, adjustment, and repair of compasses.

7. The compasses of every sea-going ship to which these Regulations apply shall be properly examined and, where necessary, adjusted by an adjuster of compasses—

(a) In the case of new ships, before the issue of a certificate of survey or equipment therefor;

(b) In the case of the following ships, before their entry outwards at the Customs, or, in the case of ships not required to be so entered outwards, before they go to sea from any port in Australia:—

(i) Ships which have been laid up for a period of three months or more;

(ii) Ships which have been surveyed in accordance with the requirements of the Act and of the Navigation (Survey and Equipment) Regulations made under the Act, but subject, in this case, to the provisions of regulation 8 of these Regulations;

(iii) Ships which have been placed in dock for general overhaul, or which have been subjected to alterations or repairs, in either case of such a nature as would, in the opinion of a surveyor, be likely to affect the accuracy of their compasses;

(iv) Ships licensed to engage in the coasting trade, whose compasses have not been adjusted for the southern hemisphere; and

(v) Ships the compasses of which a surveyor has reasonable grounds to believe are unreliable:

Provided that where the Deputy Director is satisfied that further adjustment of the compasses of any ship is unnecessary he may by writing under his hand exempt that ship from the requirements of this regulation.

Conditional exemption.

8. A ship of the class specified in sub-paragraph (ii) of paragraph (b) of regulation 7 of these Regulations (but not included under any other paragraph of that regulation) may be exempted by the Deputy Director from the necessity of having her compasses examined and adjusted, subject to the following conditions:—

(a) The master of the ship shall furnish to the surveyor a compass declaration in accordance with Form C1, signed by himself and the mate of the ship (one at least of whom shall have made the last and intends making the next voyage in the ship);

(b) The master of the ship shall also produce to the surveyor a deviation card showing the deviation of the standard compass on each point of the compass, with the position of the ship and the date when last swung and the adjuster’s name, and having noted upon it the position and size of the magnets and soft-iron correctors, their distance from the centre of the compass, and the changes which have been made in them in re-adjustment; also, in the case of a foreign-going ship, an Australian trade ship, or a limited coast-trade ship over 100 tons gross register, the compass-error register book of the ship, properly kept in accordance with these Regulations; and

(c) The surveyor, if satisfied by such evidence with the adjustment of the standard compass, and also, by inspection, with the position and good order and condition of the compasses and with the appliances for taking bearings, shall sign a certificate in accordance with Form C2, and shall forthwith forward the certificate, together with the declaration specified in paragraph (a) of this regulation, to the Deputy Director:

Provided that every such ship shall have her compasses examined and adjusted by an adjuster of compasses once at least in every two years.

Place and mode of adjustment.

9. Where, under these Regulations, the compasses of any ship are required to be adjusted, the ship shall, at the option of the master or other person in charge thereof—

(a) be taken to the swinging-buoys laid down for such purpose in any port; or

(b) be swung in any harbour or at sea for the adjustment of her compasses by means of bearings of suitable terrestrial or celestial objects, or by use of a deflector.

Adjustment tables and compass certificate.

10.—(1.) On completion of the examination and adjustment of a ship’s compasses in accordance with these Regulations, the adjuster of compasses shall immediately forward to the Deputy Director a table of deviations and declaration, in accordance with Form C3 or Form C4, together with a statement of the magnets and soft-iron correctors, with their sizes and positions, used in adjustment.

(2.) Where the Deputy Director is satisfied that the ship’s compasses have been satisfactorily adjusted, and the deviations ascertained, he shall issue a compass certificate for the ship in accordance with Form C5:

Provided that when, after adjustment, the deviation of the standard compass exceeds 5° on any given compass point, the Deputy Director shall not issue a compass certificate without the approval of the Director.

Compass-error register book.

11.—(1.) The master of every ship over 100 tons gross register registered in Australia or licensed to engage in the coasting trade, or regularly trading from a port in the Commonwealth as head-quarters, and to which these Regulations apply, shall keep a compass-error register book, substantially in accordance with Form C6, in which shall be accurately recorded particulars of observations taken, the approximate position of the ship at the time, the different points of the vessel’s head and the deviations and errors of the standard compass on those points; also the size and position of the magnets and soft-iron correctors for the standard compass, and the date and nature of any changes at any time made in them or their positions.

(2.) Observations for the purpose of ascertaining compass-errors shall be made and recorded as frequently as practicable.

(3.) The compass-error register book shall be produced to a surveyor on demand, and when so produced shall be signed and dated by the surveyor, if he is satisfied that it has been kept in accordance with these Regulations.

Issue of licences to compass adjusters.

12.—(1.) Subject to compliance by an applicant with the requirements of regulations 14 and 15 of these Regulations, the Deputy Director may issue a licence, in accordance with Form C7, to any of the following persons, authorizing him to examine and adjust compasses and to compute their deviations, namely:—

(a) a person holding a certificate of competency as Extra Master recognized by the Board of Trade of the United Kingdom; or

(b) a person holding a certificate of competency as Master (other than Extra Master) recognized by the Board of Trade of the United Kingdom, and who produces satisfactory evidence that he has passed the examination

prescribed under the Act, or by the Board of Trade of the United Kingdom, or by any authority approved by the Minister, in the syllabus of the laws of the deviation of the compass in iron ships, and in the means of compensating or correcting such deviation.

(2.) A person shall not act as an adjuster of compasses unless he is licensed in accordance with this regulation.

Cancellation of licence.

13.—(1.) The Deputy Director may at any time, by order under his hand, cancel any licence issued to an adjuster of compasses.

(2.) A copy of the order, stating the cause of cancellation, shall be delivered to the adjuster of compasses or transmitted by registered post to his last-known address in the Commonwealth.

(3.) The adjuster of compasses may appeal to the Director against the order.

(4.) If no appeal is made to the Director within fourteen days after the delivery or posting of a copy of the order or, if on appeal the order is confirmed by the Director, the licence shall be void, and shall forthwith be delivered up to the Deputy Director.

Application for licence.

14. An application for a licence as adjuster of compasses shall be in accordance with Form C8, and shall be accompanied by—

(a) the applicant’s certificate of competency;

(b) satisfactory evidence of good conduct and character during the twelve months immediately preceding the date of his application; and

(c) deviation cards for at least twelve ships the compasses of which he has adjusted or assisted in adjusting during the immediately preceding three years, showing the position of the magnets and soft-iron correctors in each case. In the case of ships the compasses of which he has adjusted the deviation cards shall be signed by the applicant. In the case of ships the compasses of which he has assisted in adjusting, the deviation cards shall be signed by the adjuster and be endorsed by him to the effect that the applicant has so assisted.

Licence-fee.

15.—(1.) An annual fee of One pound shall be payable, in advance, to the Deputy Director, on the 1st July in each year, in respect of each licence issued:

Provided that in respect of a licence issued after 1st January in any year, the fee for the unexpired portion of the year shall be Ten shillings.

(2.) If the licence-fee is not paid on or before the due date, the Deputy Director may, by order under his hand, cancel any licence.

Application for services of adjuster of compasses.

16.—(1.) An application for the services of an adjuster of compasses shall be made in writing, in accordance with Form C9, addressed to the Deputy Director and delivered at his office or posted to reach him at least 24 hours before the time when it is desired such examination and adjustment shall be made.

(2.) A compass of a ship to which these Regulations apply shall not be adjusted by an adjuster of compasses unless an application in accordance with this regulation has first been made to the Deputy Director.

Fee for adjustment.

17.—(1.) The fee for the services of an adjuster of compasses shall be in accordance with the following scale:—

(2.) The amount of the fee shall be paid, at the principal port in a State to the Deputy Director, and at an outport to the Superintendent, Mercantile Marine Office, at the time of, or prior to, the making of an application to the Deputy Director, in accordance with Form C 9, for the services of an adjuster of compasses.

(3.) 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.

Payment of adjuster.

(4.) The Deputy Director, if satisfied with the adjuster’s declaration, shall authorize the payment to the adjuster of compasses of the amount of the fee collected.

Adjuster employed as master or mate.

18. An adjuster of compasses shall not, whilst employed as master or mate of a sea-going vessel, be entitled to have his name on the list of practising adjusters, nor to examine or adjust the compasses of any ship other than that upon which he is then employed.

Attendance of adjuster.

19.—(1.) An adjuster of compasses, on receiving from the Deputy Director a notice to examine and adjust the compasses of a ship, shall attend on board that ship at such time as shall cause no delay thereto.

(2.) An adjuster of compasses who has received notice to attend on any ship and is unable to do so shall immediately notify the Deputy Director that he is unable to attend on that ship.

Adjusters to register addresses.

20.—(1.) An adjuster of compasses shall register with the Deputy Director the address to which notices under these Regulations are to be forwarded, and shall immediately notify any change in that address.

(2.) If an adjuster of compasses proposes to be absent from his address for more than forty-eight hours he shall inform the Deputy Director of his intention, and shall state the period he intends to be absent and the date upon which such absence will commence.

Forms.

21.—(1.) Any reference in these Regulations to a form shall be read as a reference to a form in the Schedule to these Regulations.

(2.) Where a form contains, by way of a note or otherwise, a clear direction or indication of any requirement as to the nature of the information to be furnished or the action, either by way of signing a form of declaration or otherwise, to be taken by the person concerned in the transaction in which the document is used, the requirement so directed or indicated shall be deemed to be prescribed by these Regulations.

Penalties.

22. Any contravention of these Regulations for which no other penalty is provided shall be punishable on conviction by a fine not exceeding Fifty pounds.

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THE SCHEDULE.

Form C I.

Commonwealth of Australia.

Navigation Act 1912-1942.

COMPASS DECLARATION.

Nav. (Compass)

Reg. 8.

We, the undersigned, hereby declare (a) that the compasses of the above-named ship are in all respects to our satisfaction; (b) that there is, on the ship, a compass-error register book, properly kept, showing the deviations of the standard compass; and (c) that no marked change in the deviation on any course by the standard compass has taken place since it was last adjusted on……………………..

Master.

(Date of joining vessel in capacity named) / / .

Mate.

(Date of joining vessel in capacity named) / / .

Strike out such words as do not apply.

I,/We, hereby attest the above signatures, and certify that the said   sailed as Master, and that the said                                           sailed as Mate of the said vessel on her last voyage ending                             19  ; and, further, it is proposed that the said                                                         and                             shall sail in the above-mentioned vessel on her next voyage as master and mate respectively.

Signed and attested at   this    day of

19 .

Owner or Agent.

––––––

Form C 2.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

COMPASSES.

CERTIFICATE BY SURVEYOR.

Nav. (Compass)

Reg. 8.

I hereby certify that I have this day examined the compasses and compass equipment of the 

The card of deviations of the Standard Compass complies with requirements, and I am satisfied with the adjustment, and with the appliances for taking bearings, of the said compass; also with the number, position, and general good order and condition of the compasses carried on board in accordance with the Navigation (Compass) Regulations.

Port of          ………………………..

Date / /         Surveyor.

Form C 3.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

COMPASS ADJUSTER’S DECLARATION.

Nav. (Compass)

Reg. 10.

Name of Vessel................................. Master................................

Table of Deviations of the Standard Compass with D. G. Off.

The deviations were obtained by means of.......................................

and a copy of the above Table has been furnished to the Master.

Type of vertical force instrument used..........................................

I hereby declare that the compasses of the above-named vessel have this day been examined and, where necessary, adjusted by me, and that they are now in good order.

Dated at..................the...........day of..............19....

.............................Licensed Adjuster of Compasses.

Form C 4.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

COMPASS ADJUSTER’S DECLARATION.

Nav. (Compass)

Reg. 10.

Name of Vessel...................... Master.....................

Table of Deviations of the Standard Compass with D.G. Off.

The deviations were obtained by means of

and a copy of the above Table has been furnished to the Master.

Type of vertical force instrument used........................................

I hereby declare that the compasses of the above-named vessel have this day been examined and, where necessary, adjusted by me, and that they are now in good order.

Dated at...............the..............day of............19...

......................Licensed Adjuster of Compasses.

Form C 5.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

COMPASS CERTIFICATE.

Nav. (Compass)

Reg. 10.

State of Port of

This to certify that the compasses of the    have been examined and adjusted by                                          , an adjuster of compasses licensed under the Navigation (Compass) Regulations. The compasses are now in good order, and the adjuster has deposited with me Form C 3*/Form C 4* showing the deviations of the Standard Compass remaining after adjustment in accordance with regulation 10 of the Navigation (Compass) Regulations.

A correct copy of the deviations has been furnished by the adjuster to the Master.

Deputy Director of Navigation.

Date—

*Strike out whichever is not applicable.

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(seal.)                      Form C 6.

Navigation Act 1912-1942, s. 232.

Nav. (Compass) Reg. 11.       COMPASS-ERROR REGISTER BOOK.

Notice to Masters and Navigating Officers.

(To be printed inside front cover of Compass-error Register Book.)

Officers should understand that the object of tentative adjustment is to bring the deviations within manageable limits, and also to equalize the directive force of the needle so far as is practicable on all courses; but no system of adjustment whatever is sufficiently reliable in character to absolve the navigator from the necessity of using every precaution, and especially of ascertaining the deviation on every available opportunity by observations of the sun by day and the other heavenly bodies by night.—(Extract from Board of Trade Instructions on Compass Adjustment.)

Form C 7.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

Nav. (Compass)

Reg. 12.

LICENCE AS ADJUSTER OF COMPASSES.

No.

Pursuant to the provisions of section 232 of the Navigation Act 1912-1942 and of the Regulations made under that Act              of              in the State of              (hereinafter called “the Licensee”) is hereby authorized to examine and adjust the compasses of sea-going ships and to compute their deviations, at any port in the Commonwealth, subject to the following conditions:—

(1) The Licensee shall faithfully perform his duties as an Adjuster of Compasses to the satisfaction of the Deputy Director of Navigation.

(2) This licence may be cancelled at any time in the manner provided in the Regulations.

(3) The provisions of the Navigation Act and of the Regulations thereunder shall be complied with by the Licensee.

Dated at     this     day of    19 .

Director of Navigation.

This licence is accepted by me on the conditions contained therein.

(Signature.)

  / /19

Note.—The holder of this licence shall produce the same on demand to any Surveyor, or to a master, owner, or agent requiring his services.

Form C 8.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

Nav. (Compass)

Reg. 14.

APPLICATION FOR A LICENCE AS ADJUSTER OF COMPASSES.

State of      Port of

I (a)    hereby make application to be granted a Licence as Adjuster of Compasses under the provisions of the Navigation Act and Regulations.

Strike out the words that do not apply.

I am the holder of a valid certificate of competency as

No.   issued at   , which certificate is submitted herewith.

I submit herewith testimonials as to my good conduct and character during the past twelve months.

I also submit deviation cards as required by the Regulations.

Date and place of birth

(Signature.)

To the Deputy Director of Navigation,

(a) Here state full name, place of residence, and occupation. If employed as master or mate of a vessel such fact is to be stated, giving the name of the vessel.

Form C 9.

Commonwealth of Australia.

(seal.)

Navigation Act 1912-1942.

Nav. (Compass)

Reg. 16.

APPLICATION FOR ADJUSTMENT OF COMPASSES.

Application is hereby made for the examination and adjustment of the compasses of the                             gross tonnage

The amount of the prescribed fee* (£   ) is tendered herewith, and I/we hereby agree to reimburse the Adjuster of Compasses for any travelling expenses necessary to be incurred by him in proceeding to or from the ship for the purpose of adjusting.

The vessel will be lying at

and will be ready for the Adjuster of Compasses on the

day of , 19  at  o’clock a.m./p.m.

Date / /19

Master, Owner or Agent.

Address

To the Deputy Director of Navigation,

*See scale of fees on back hereof.

[Back of Form C 9.]

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.