Navigation (Compass) Regulations (Amendment)

Overview

Statutory Rules 1981 No. 3891, the Navigation (Compass) Regulations 2 (Amendment) were enacted to amend the qualifications and examination requirements for compass adjusters under the Navigation Act 1912. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on 1 January 1982. The amendments aimed to update the criteria for issuing licences to compass adjusters by changing the certificate requirements and examination conditions, thereby addressing the need for modernising the regulatory framework governing maritime navigation and safety. The policy objective behind these changes was to ensure that the qualifications and competency of compass adjusters meet current standards and practices in maritime navigation, thereby enhancing safety and efficiency in maritime operations.

Scope and Application

The Navigation (Compass) Regulations 1981, made under the Navigation Act 1912, apply to individuals seeking to become licensed compass adjusters in Australia. The Regulations set out specific qualifications and examination criteria that applicants must meet, including holding particular certificates such as Extra Master Class 1 or Master Class 1, and passing an examination as prescribed in the Regulations. These Regulations are designed to ensure that compass adjusters possess the necessary skills and knowledge to perform their duties safely and effectively. The application of these Regulations is national in scope, impacting all maritime professionals within Australia who seek to obtain a compass adjuster's license. The Regulations also allow for the certification of examinations equivalent to those prescribed, providing flexibility while maintaining standards. Subordinate instruments may further define the specifics of the required examinations and qualifications, thereby extending the application of these Regulations.

Key Provisions

The Navigation (Compass) Regulations 2, as amended by these Statutory Rules, primarily affect the requirements for the issue of licences to compass adjusters, the application process for such licences, and the examination conditions for prospective compass adjusters. Section 2 amends Regulation 12 to specify that a compass adjuster must hold a certificate as Extra Master Class 1 or Master Class 1, issued under orders made in pursuance of regulations under the Navigation Act 1912. Additionally, those holding a Master Class 1 certificate must pass an examination with a syllabus and conditions prescribed by Schedule 2 or an examination deemed equivalent by the Minister. Section 3 modifies Regulation 14 to require the submission of the relevant certificate when applying for a licence, and Section 4 amends Schedule 2 to clarify the appointment of examiners under orders made in pursuance of regulations under the Act. These Regulations impose specific obligations on applicants for compass adjuster licences. Firstly, applicants must hold the requisite certificates (Extra Master Class 1 or Master Class 1) as stipulated in Section 2. Those holding a Master Class 1 certificate must additionally pass the prescribed examination, as detailed in Section 2(b)(iii) and (iv). The Regulations also mandate the submission of the relevant certificate as part of the application process, as outlined in Section 3(a). Furthermore, the amendments to Schedule 2 in Section 4 ensure that examiners are appointed under orders made in pursuance of regulations under the Act, thereby maintaining consistency with the legislative framework governing maritime examinations. The Navigation (Compass) Regulations 2 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the Regulations. However, the overarching Navigation Act 1912 provides a framework under which non-compliance with maritime regulations can be prosecuted. Under the Act, penalties for offences can include fines and imprisonment, with the exact penalties depending on the nature and severity of the offence. The Act empowers authorised officers to enforce compliance, and breaches can lead to legal action under both civil and criminal law, depending on the circumstances and the discretion of the courts.