EXPLANATORY STATEMENT
Statutory Rule No. 251 of 1985
Issued by the Authority of the Minister of State for Transport
NAVIGATION ACT 1912
Navigation (Cargo-Hazards Prevention) Regulations (Amendment)
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Construction) Regulations (Amendment)
Navigation (Deck Cargo) Regulations (Amendment)
Navigation (Loading and Unloading-Safety Measures) Regulations (Amendment)
Navigation (Load Lines) Regulations (Amendment)
Navigation (Master and Seamen) Regulations (Amendment)
Navigation (Pig Iron, Coal and Ballast) Regulations (Amendment)
Navigation (Tonnage Measurement) Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) provides, in part, 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, and in particular prescribing matters providing for and in relation to the fixing of the fees to be paid in respect of any matters under the Act.
The fees and charges payable under the Act for services provided to the maritime industry were last adjusted in December 1984.
The Government is committed to a policy of cost recovery in relation to these services. With the exception of three Regulations, the amendments involve an across-the-board increase of approximately 10 per cent, to cover the movement in costs since December 1984.
In respect of the Navigation (Coasting Trade) Regulations, the Navigation (Construction) Regulations and the Navigation (Pig Iron, Coal and Ballast) Regulations, the amendments are intended to cover the movement in costs since October 1981, comprising an approximate 10 per cent increase in each year.
The amendments commence on 1 October 1985.
Details of the amendments are given in the following attachments:
Attachment 1- Navigation (Cargo-Hazards Prevention) Regulations
Attachment 2- Navigation (Coasting Trade) Regulations
Attachment 3- Navigation (Compass) Regulations
Attachment 4- Navigation (Construction) Regulations
Attachment 5- Navigation (Deck Cargo) Regulations
Attachment 6- Navigation (Loading and Unloading-Safety Measures) Regulations
Attachment 7- Navigation (Load Lines) Regulations
Attachment 8- Navigation (Master and Seamen) Regulations
Attachment 9- Navigation (Pig iron, Coal and Ballast) Regulations
Attachment 10- Navigation (Tonnage Measurement) Regulations
Authority: Sub-section 425(1) of the Navigation Act 1912
ATTACHMENT 3
NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)
The Regulations amend the Navigation (Compass) Regulations to increase the fees payable to the Commonwealth in respect of a sitting fee for the examination of applicants for a compass adjuster’s licence and to increase other fees relating to the adjustment of compasses, after hours attendance, cancelled services, waiting time and travelling and subsistence expenses.
Regulation 1 provides for the new fees to come into force on 1 October 1985.
Regulation 2 specifies the new amounts.
Details of the increased amounts follow:
Provision | | Omit | Substitute |
Regulation | 12A | $117 | $129 |
Sub-regulation | 17(2) | 213 | 234 |
| | 283 425 567 850 | 311 468 624 935 |
Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Sub-regulation | 17(3)(a) 17(3)(b) 17(3)(c) 17(4)(a) 17(4)(b) 17(4)(c) 17(5) | $208 $169 $91 $104 $91 $52 $78 | $229 $186 $100 $114 $100 $57 $86 |
| | $312 | $343 |
Sub-regulation | 17(6) | $65 | $72 |
Overview
The Navigation (Compass) Regulations (Amendment) Statutory Rule 251 of 1985, issued by the Authority of the Minister of State for Transport, amends the Navigation (Compass) Regulations to adjust fees payable to the Commonwealth. These amendments are made under the authority of subsection 425(1) of the Navigation Act 1912, which allows the Governor-General to make regulations necessary or convenient for carrying out the Act. The primary objective of these amendments is to update fees for services provided to the maritime industry, reflecting the cost changes since the last adjustment in December 1984. The fees for the examination of applicants for a compass adjuster’s licence and related services are increased by approximately 10 per cent. These amendments aim to ensure a policy of cost recovery in line with the Government's commitment, with the new fees coming into effect on 1 October 1985.
Scope and Application
The Navigation (Compass) Regulations (Amendment) Statutory Rule No. 251 of 1985 amends the Navigation (Compass) Regulations under the Navigation Act 1912. These amendments apply to persons and entities involved in the maritime industry, specifically those requiring a compass adjuster's licence and related services. The amendments include a 10 per cent increase in fees for the examination of applicants for a compass adjuster’s licence and other fees related to compass adjustments, after-hours attendance, cancelled services, waiting time, and travel and subsistence expenses. These changes aim to reflect the increase in costs since December 1984 and are made pursuant to sub-section 425(1) of the Navigation Act 1912, which empowers the Governor-General to make regulations for matters required or permitted to be prescribed by the Act. The amendments apply nationally and will come into effect on 1 October 1985.
Key Provisions
The Navigation Act 1912, as amended by Statutory Rule No. 251 of 1985, includes a series of regulations aimed at updating the fees for various maritime services provided under the Act (s. 425(1)). These regulations include amendments to the Navigation (Cargo-Hazards Prevention) Regulations, the Navigation (Coasting Trade) Regulations, the Navigation (Compass) Regulations, the Navigation (Construction) Regulations, the Navigation (Deck Cargo) Regulations, the Navigation (Loading and Unloading-Safety Measures) Regulations, the Navigation (Load Lines) Regulations, the Navigation (Master and Seamen) Regulations, the Navigation (Pig Iron, Coal and Ballast) Regulations, and the Navigation (Tonnage Measurement) Regulations. The fees and charges payable for these services have not been adjusted since December 1984, and these amendments aim to reflect the increased costs since that time. The amendments include an approximate 10 per cent increase in fees for most regulations, with some regulations reflecting a 10 per cent increase for each year since October 1981.
The amended regulations impose various obligations on parties or entities governed by the Act. For example, the Navigation (Compass) Regulations require applicants for a compass adjuster's licence to pay a sitting fee, as well as fees for other services such as compass adjustment, after-hours attendance, and travel and subsistence expenses. The regulations also specify the amounts payable for these services, with the new fees coming into effect on 1 October 1985. Additionally, the regulations require that fees be paid in Australian dollars and that the fees be paid within the specified time frames.
Failure to comply with the amended regulations may result in civil or criminal consequences. For example, failure to pay the required fees may result in the denial of services or the revocation of a licence. In some cases, failure to comply with the regulations may result in fines or other penalties. The maximum penalties for breach of the regulations are not specified in the explanatory statement, but may be found in the relevant regulations themselves. It is important for parties and entities governed by the Act to ensure that they are aware of their obligations under the amended regulations and to take steps to comply with them to avoid any potential consequences.