Statutory Rules
1978 No. 127
REGULATIONS UNDER THE NAVIGATION ACT 1912*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this seventh day of July 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (COMPASS) REGULATIONS†
Interpretation
1. Regulation 3 of the Navigation (Compass) Regulations is amended by omitting from sub-regulation (1) the definitions of “ approved person ”, “ Regional Controller ” and “ the Act ” and substituting the following definitions:
“ ‘ approved person ’, for the purposes of a regulation in which that expression occurs, means a person holding, or for the time being performing the duties of, an office in the Department of Transport that is specified for the purposes of that regulation by the Minister by instrument in writing;
‘ the Act ’ means the Navigation Act 1912.”.
Adjustment tables and compass certificate
2. Regulation 10 of the Navigation (Compass) Regulations is amended—
(a) by omitting from sub-regulation (1) “ the Regional Controller for the State in which the examination was carried out ” and substituting “ an approved person ”; and
(b) by omitting from sub-regulation (2) “ the Regional Controller or ” (wherever occurring).
* Notified in the Commonwealth of Australia Gazette on 13 July 1978.
† Statutory Rules 1944, No. 178 as amended by Statutory Rules 1950, No. 60; 1954, No. 25; 1959, No, 44: 1963, No. 97; 1964, No. 37; 1965, No. 170; 1974, No. 65; 1976, No. 117; and 1977, No. 262.
Schedule 1
3. Schedule 1 to the Navigation (Compass) Regulations is amended by omitting from Form C8 “ the Regional Controller ” and substituting “ an approved person. ”.
Savings
4. Nothing in these Regulations affects the validity or efficacy of an application or a certificate or licence made or issued under the Navigation (Compass) Regulations as in force before the commencement of these Regulations and, for the purposes of the application to such an application, or such a certificate or licence, of the Navigation (Compass) Regulations as amended by these Regulations, a reference in the application, certificate or licence to “ Regional Controller ” shall, be read as a reference to “ approved person ” as defined by those Regulations as so amended.
Overview
The Statutory Rules 1978 No. 127, enacted under the Navigation Act 1912, were introduced to amend the Navigation (Compass) Regulations. These regulations were developed to ensure the proper maintenance and certification of compasses on vessels, which is crucial for safe navigation. The amendments were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to address gaps and update certain definitions and roles within the regulatory framework. The policy objective behind these amendments is to streamline the administration of compass certification and examinations, ensuring that the regulatory process remains efficient and aligned with current operational requirements. These changes effectively update the roles and responsibilities within the Department of Transport, ensuring that the certification process is robust and effective.
Scope and Application
The Navigation (Compass) Regulations 1978, made under the Navigation Act 1912, pertain to the conduct and transactions involving maritime navigation and specifically compass-related requirements. These regulations apply to individuals and entities engaged in maritime activities within Australian waters, ensuring compliance with navigational safety standards. The regulations are applicable nationally across all states and territories, governed by the Commonwealth. The regulations have been amended to redefine key terms such as "approved person" and to streamline the process for compass certificate issuance by substituting the role of "Regional Controller" with "approved person," thereby delegating authority to specific officers within the Department of Transport as designated by the Minister. The amendments clarify the authority responsible for adjustment tables and compass certificates without altering the substantive validity of pre-existing applications, certificates, or licences issued under the previous regulations. This legislative instrument extends the application of the Navigation Act 1912 by clarifying and updating the regulatory framework to align with current administrative practices.
Key Provisions
The main operative sections of these Regulations amend the Navigation (Compass) Regulations by redefining certain terms (section 1) and altering who is responsible for conducting compass examinations and issuing certificates (sections 2 and 3). Specifically, Regulation 3 of the Navigation (Compass) Regulations now defines "approved person" as someone holding or performing duties in a specified office within the Department of Transport (section 1). Regulation 10 is updated to replace references to the "Regional Controller" with "approved person" in the context of compass examinations and certificates (section 2). The Schedule to the Regulations also makes corresponding changes to Form C8 (section 3). These amendments ensure consistency in terminology and clarify the roles and responsibilities within the Department of Transport.
The Regulations impose certain obligations on the parties governed by them, primarily focusing on the Department of Transport and approved persons. Approved persons, as defined, are responsible for conducting compass examinations and issuing certificates in place of the previously designated Regional Controllers. This change centralises these functions within the Department, streamlining the process and ensuring consistency in the application of regulations. The Regulations also mandate that any existing applications, certificates, or licences remain valid, with references to "Regional Controller" being interpreted as "approved person" for the purposes of applying the amended Regulations (section 4).
Failure to comply with the provisions of these Regulations may lead to civil or criminal consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, breaches of the Navigation Act 1912 or related regulations could result in penalties as prescribed under that Act. These may include fines and imprisonment, depending on the severity of the breach. For instance, under the Navigation Act 1912, offences involving the operation of vessels without proper certification could attract substantial penalties. Therefore, adherence to the amended Regulations is crucial to avoid potential legal repercussions under the broader legislative framework.