STATUTORY RULES.
1923. No. 134.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1920, to come into operation on and from the first day of October, 1923.
Dated this twenty-sixth day of September, 1923.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
EARLE PAGE,
for the Minister of State for Trade and Customs.
Amendment OF Navigation (Compass) Regulations.
(Statutory Rules 1923 No. 84.)
Exemptions.
1. Regulation 3 of the Navigation (Compass) Regulations is amended by omitting therefrom the words “ (e) such other ships as the Minister shall, by notice in the Commonwealth Gazette, from time to time declare to be exempted ”, and inserting in their stead the words “(e) Ships trading exclusively within the limits of a single State.”
Examination, adjustment and repair of compasses.
2. Regulation 6 of the Navigation (Compass) Regulations is amended—
(a) by omitting the words “ examined by an adjuster of compasses, and, if necessary, adjusted and repaired—” and inserting in their stead the words “ examined and adjusted by an adjuster of compasses—”; and
(b) by inserting at the end thereof the following proviso:—
“Provided that where, in special cases, 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 his Regulation ”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.15257.—Price 3d.
Overview
The Statutory Rules 1923 No. 134, which were enacted under the Navigation Act 1912-1920, aim to amend the Navigation (Compass) Regulations. These regulations, coming into effect on 1 October 1923, were established to refine the oversight and maintenance of marine compasses in Australian waters, ensuring maritime safety and compliance with navigational standards. The Deputy of the Governor-General, acting with the advice of the Federal Executive Council, made these regulations to update the previous exemption criteria and streamline the processes for compass examination and adjustment. By clarifying the exemption of ships trading exclusively within a single state and modifying the requirements for compass adjustment, these regulations sought to address operational inefficiencies and enhance the precision of navigational equipment used on Australian vessels.
Scope and Application
The Regulations under the Navigation Act 1912-1920, as specified in Statutory Rules 1923 No. 134, apply to all ships within the Commonwealth of Australia, aiming to ensure maritime safety through the examination, adjustment, and repair of ship compasses. These regulations extend to ships trading exclusively within the limits of a single state, with specific amendments excluding such ships from the prior exemption provision. The regulations mandate that compasses be examined and adjusted by a qualified adjuster of compasses, with an allowance for exemption by the Deputy Director in special cases where further adjustment is deemed unnecessary. This legislation is designed to maintain the accuracy of navigational instruments across all maritime vessels operating within Australia, thereby enhancing overall maritime safety and compliance with national maritime standards.
Key Provisions
The Regulations under the Navigation Act 1912-1920, which were made by the Deputy of the Governor-General with the advice of the Federal Executive Council, include several key provisions. Section 1 of the Regulations amends the Navigation (Compass) Regulations by removing the exemption for certain ships from compass examination and adjustment requirements (Regulation 3). Instead, it exempts ships trading exclusively within the limits of a single State (Regulation 3(e)). This change is intended to ensure that all ships, except those operating within a single state, must comply with the regulations regarding compasses.
Section 2 further modifies Regulation 6 of the Navigation (Compass) Regulations, changing the requirement for ships to have their compasses examined, adjusted, and repaired by an adjuster of compasses. The new requirement mandates only examination and adjustment by an adjuster of compasses (Regulation 6(a)). Additionally, Section 2(b) introduces a proviso allowing the Deputy Director to exempt a ship from further adjustment if satisfied that such adjustment is unnecessary. This proviso provides flexibility in cases where the Deputy Director determines that further compass adjustment is not required.
The Regulations impose specific obligations on parties governed by them. Ships, except those trading exclusively within the limits of a single State, must ensure their compasses are examined and adjusted by an adjuster of compasses. Ship owners and operators must comply with these requirements to maintain the safety and navigational standards mandated by the Navigation Act. In cases where the Deputy Director determines that further adjustment is unnecessary, ship owners may be exempt from the adjustment requirement, subject to the Deputy Director's approval.
Failure to comply with the Regulations can result in civil or criminal consequences. While the exact penalties are not specified in the text, breaches of regulations under the Navigation Act 1912-1920 generally carry potential penalties under the Act or related legislation. Non-compliance may lead to enforcement actions, fines, or other legal repercussions, depending on the nature and severity of the breach. The Deputy Director's authority to exempt ships in special cases underscores the need for adherence to the regulations, as any exemptions must be formally approved and documented.