EXPLANATORY STATEMENT
STATUTORY RULE NO. 275 OF 1983
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
Sub-section 425(1) further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to specified matters to give prompt legislative effect to safety and technical requirements in respect of ships, their cargoes and persons on board. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
On 18 November 1983 the International Convention for the Safety of Life at Sea, 1974 (the Safety Convention) and the Protocol of 1978 amending the Safety Convention entered into force for Australia. In order to give effect to the Safety Convention and the 1978 Protocol, a package of 14 Parts of Marine Orders incorporating the provisions of the Safety Convention has been issued under the provisions of the Navigation (Orders) Regulations. That package of Marine Orders entered into operation on 18 November 1983.
Marine Orders, Part 21 (Equipment - Navigational) incorporates Safety Convention provision which will replace regulations 6, 6A, 6B and 6C of the Navigation (Compass) Regulations.
The amendments of the Navigation (Compass) regulations repeal regulations 6, 6A, 6B and 6C of the Navigation (Compass) Regulations as from 18 November 1983.
The regulations also omit from regulation 3 reference to the Department as the ‘Department of Transport’ and insert a reference to the Marine Orders.