STATUTORY RULES
1931. No. 24.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1926, to come into operation as on and from the 1st day of February, 1931.
Dated this third day of March, 1931.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
PARKER MOLONEY
Minister of State for Transport.
Amendment of Navigation (Compass) Regulations.
(Statutory Rules 1927, No. 39, as amended by Statutory Rules 1929, No. 3, and 1930, Nos. 16 and 106.)
Regulation 11 of the Navigation (Compass) Regulations is amended by inserting, in paragraph (b) of sub-regulation (1.) thereof—
(a) after the word “foreign-going”, the words “or Australian trade”; and
(b) after the word “vessel”, the words and figures “or two years in command of a limited coast-trade vessel of not less than 500 tons gross register”.
By Authority: H. J. Green, Government Printer, Canberra.
410.—Price 3d.
Overview
The Statutory Rules 1931 No. 24, made under the Navigation Act 1912-1926, address a specific issue related to maritime navigation and safety, particularly concerning the qualifications and experience of personnel on vessels. This regulation, which came into operation on 1 February 1931, was enacted by the Governor-General in Council, reflecting the legislative authority vested in the Commonwealth of Australia. The policy objective of this regulation is to ensure that those operating navigational equipment on vessels are adequately experienced and qualified, thereby enhancing maritime safety standards. By amending the Navigation (Compass) Regulations, this legislative instrument extends the scope of mandatory experience requirements to include personnel on vessels engaged in Australian trade and those in command of limited coast-trade vessels of a certain size, thus broadening the application of these safety measures.
Scope and Application
The statutory rules outlined in the Navigation Act 1912-1926 apply to the regulation of maritime navigation within the Commonwealth of Australia, specifically governing the qualifications and certifications required for mariners. These regulations extend to any person or entity involved in the operation of vessels, including those engaged in foreign-going and Australian trade, as well as those in command of limited coast-trade vessels of not less than 500 tons gross register. The amendment to Regulation 11 of the Navigation (Compass) Regulations clarifies that mariners must possess certain qualifications, such as two years of command experience on a limited coast-trade vessel of not less than 500 tons gross register, in addition to the existing requirements for foreign-going vessels. The geographic scope of these regulations encompasses the entire Commonwealth, thereby applying uniformly across all states and territories. There are no stated exclusions or exemptions detailed in these regulations, indicating that all eligible vessels and their operators must comply with the specified standards. The application of these regulations may be further extended or refined through subordinate instruments, ensuring that maritime safety and navigation standards are consistently upheld across the Australian maritime industry.
Key Provisions
The key provisions of this statutory instrument, which amends the Navigation (Compass) Regulations under the Navigation Act 1912-1926, primarily concern the qualifications required for individuals to act as a master or mate on certain vessels. Specifically, Regulation 11 (1) (b) is amended to include additional qualifications for individuals seeking to act as a master or mate on a vessel engaged in Australian trade or as the master of a limited coast-trade vessel of not less than 500 tons gross register (Reg. 11 (1) (b)). This regulation now requires that such individuals must have spent a minimum of two years in command of a limited coast-trade vessel of not less than 500 tons gross register, in addition to the existing requirements for foreign-going vessels.
The obligations imposed by this amendment are primarily on individuals aspiring to serve as masters or mates on the specified types of vessels. These individuals must now demonstrate a minimum of two years of command experience on a limited coast-trade vessel of at least 500 tons gross register, in addition to any previous experience required for foreign-going vessels. This additional requirement aims to ensure that personnel handling vessels within Australian waters have sufficient experience and knowledge relevant to the unique challenges of such operations.
Failure to comply with the amended regulations could result in serious consequences for the individuals and the vessels they operate. While the statutory rules themselves do not specify offences, penalties, or civil/criminal consequences for breach, it is reasonable to infer that non-compliance with maritime regulations can lead to legal action. Such actions might include fines, suspension or revocation of maritime licenses, and potential criminal charges if the non-compliance leads to accidents or other significant maritime incidents. The precise penalties would be determined in the context of any resulting legal proceedings under relevant maritime law.