Statutory Rules
1977 No. 262
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 twentieth day of December 1977.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (COMPASS) REGULATIONS†
Commencement
1. These Regulations shall come into operation on 1 January 1978.
Examination fee
2. Regulation 12a of the Navigation (Compass) Regulations is amended by omitting “ Ten dollars ” and substituting “ $15 ”.
Fees for adjustment of compasses
3. Regulation 17 of the Navigation (Compass) Regulations is amended—
(a) by omitting the table in sub-regulation (2) and substituting the following table:
Gross registered tonnage of ship | Fee |
| $ |
Under 50 tons | 27 |
50 tons and over but under 250 tons | 36 |
250 tons and over but under 1,000 tons | 54 |
1,000 tons and over but under 3,000 tons | 72 |
3,000 tons and over | 108 |
* Notified in the Commonwealth of Australia Gazette on 22 December 1977.
† 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; and 1976, No. 117.
(b) by omitting from paragraph (a) of sub-regulation (3) “ Eleven dollars ” and substituting “ $17 ”;
(c) by omitting from paragraph (b) of sub-regulation (3) “ Nine dollars ” and substituting “ $14 ”;
(d) by omitting from paragraph (c) of sub-regulation (3) “ Five dollars ” and substituting “ $8 ”;
(e) by omitting from paragraph (a) of sub-regulation (4) “ Ten dollars ” and substituting “ $15 ”;
(f) by omitting from paragraph (b) of sub-regulation (4) “ Seven dollars ” and substituting “ $11 ”;
(g) by omitting from paragraph (c) of sub-regulation (4) “ Five dollars ” and substituting “ $8 ”;
(h) by omitting from sub-regulation (5) “ Three dollars ” and substituting “ $5 ”;
(i) by omitting from sub-regulation (5) “ Twelve dollars ” and substituting “ $18 ”; and
(j) by omitting from sub-regulation (6) “ Five dollars ” and substituting “ $8 ”.
Overview
Statutory Rules 1977 No. 262, enacted under the Navigation Act 1912, addresses the need to update fees associated with examinations and adjustments of compasses on ships. 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 operation on 1 January 1978. The amendments were intended to adjust fees in line with current economic conditions, ensuring that the charges for such services remain fair and reflective of the costs involved. This legislative instrument aims to maintain the integrity and efficiency of maritime navigation safety standards by ensuring that the regulatory fees are kept up-to-date.
Scope and Application
The Statutory Rules 1977 No. 262, which amend the Navigation (Compass) Regulations, apply to all ships that require a compass certificate under the Navigation Act 1912. These Regulations specifically pertain to the fees associated with the examination, adjustment, and certification of ship compasses. The amendments include changes to the examination fee from ten dollars to fifteen dollars, as well as revised fees for the adjustment of compasses, based on the gross registered tonnage of the ship. The regulations also update various fees related to different categories of compass adjustments. The changes are applicable nationwide, covering all ships operating under Australian jurisdiction, regardless of their location within Australia's maritime boundaries. The Regulations do not exclude any specific categories of ships or operations, and the amendments apply to all vessels requiring compass certification as per the primary Act. Any further application or extension of these regulations may be specified through additional subordinate instruments made under the authority of the Navigation Act 1912.
Key Provisions
The main operative sections of these Regulations, under the Navigation Act 1912, primarily revise the fees associated with the examination and adjustment of ship compasses, as outlined in the Navigation (Compass) Regulations. Specifically, Regulation 12a (2) changes the examination fee for ship compasses from $10 to $15, while Regulation 17 introduces a new fee structure based on the gross registered tonnage of the ship, replacing the previous fees in sub-regulation (3) and (4) with updated amounts, and also revising the fees in sub-regulation (5) and (6). These Regulations are set to come into effect on 1 January 1978.
These Regulations impose certain obligations on ship owners and operators regarding the examination and adjustment of ship compasses. Ship owners and operators must ensure that their ship's compasses are examined and adjusted according to the new fee schedule, as specified in Regulation 17, based on the ship's gross registered tonnage. This includes paying the updated examination fee of $15 for the initial examination of a ship compass, as per Regulation 12a (2). Failure to comply with these requirements may result in legal consequences.
The Regulations do not explicitly outline specific offences or penalties for non-compliance. However, breaches of the Navigation Act 1912, which these Regulations are made under, may result in civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the offence and the discretion of the court. The maximum penalties for breaches of the Navigation Act 1912 can vary widely, depending on the specific provision being breached and the circumstances of the case. It is essential for ship owners and operators to be aware of these potential penalties and ensure compliance with the relevant provisions to avoid any legal repercussions.