Navigation (Compass) Regulations (Amendment)

Overview

The Navigation (Compass) Regulations (Amendment) 1991, Statutory Rules 1991 No. 372, were enacted to address the administrative changes arising from the establishment of the Australian Maritime Safety Authority (AMSA) pursuant to the Australian Maritime Safety Authority Act 1990. This amendment to the Navigation (Compass) Regulations 1990 was issued under the authority of the Minister for Shipping and Aviation Support. The primary objective of these regulations is to align the maritime safety and standards functions with the new regulatory framework established by AMSA, thereby replacing references to the former Minister, Department, or officers with the corresponding references to the Authority or its officers. Additionally, the amendment removes certain redundant requirements, such as the obligation for ship masters to log details of births or deaths on board, which is now directly governed by section 418 of the Navigation Act 1912. The regulations aim to ensure that maritime safety and navigation standards remain effectively regulated and enforced within the updated legislative context.

Scope and Application

The Navigation (Compass) Regulations (Amendment) 1991 No. 372 apply to the amendment of existing regulations under the Navigation Act 1912 to reflect the administrative changes resulting from the establishment of the Australian Maritime Safety Authority (AMSA) as per the Australian Maritime Safety Authority Act 1990. The Act and its regulations primarily govern maritime safety and standards in Australia, applying to ships, masters, and seamen within Australian waters. The regulations update references from the Minister, the Department, or officers of the Department to the AMSA or its officers, ensuring that the regulatory framework aligns with the new administrative structure. Additionally, the regulations remove the requirement for masters to record births or deaths on board ships in the ship's log, as this duty is now directly imposed by section 418 of the Act. These regulations came into force on the day they were notified in the Gazette, and they do not substantively alter the existing regulations beyond the aforementioned amendments.

Key Provisions

The Navigation (Compass) Regulations (Amendment) 1991 No. 372 amends existing regulations under the Navigation Act 1912 (the Act) to reflect changes in administrative responsibilities and functions. Section 425 of the Act allows the Governor-General to make regulations for the purposes of the Act, and these amendments ensure that references to the Minister, the Department, or officers of the Department are replaced with references to the Australian Maritime Safety Authority (the Authority) or its officers, as appropriate. This shift in administrative responsibility is due to the establishment of the Authority under the Australian Maritime Safety Authority Act 1990, which took effect from 1 January 1991 and assumed the Department's functions regarding maritime standards and safety. This change ensures that the regulations align with the current administrative structure. Under these regulations, the Authority and its officers now have the functions previously held by the Minister and the Department. This includes any duties, powers, or responsibilities that were previously assigned to the Department or its officers, now falling under the purview of the Authority. The amendments streamline the regulatory framework by updating references to reflect the new administrative entity responsible for maritime safety and standards. Additionally, the Navigation (Master and Seamen) Regulations have been modified by removing subregulation 25(2), which previously required ship masters to record details of any births or deaths on board in the ship's log. This obligation is now directly imposed by section 418 of the Act. The amendments impose specific obligations on the Authority and its officers to ensure compliance with the updated regulations. The Authority must now oversee and enforce the provisions related to maritime standards and safety, ensuring that all vessels operating under the Act adhere to the updated regulatory requirements. Ship masters and other relevant personnel must comply with the new obligations imposed by section 418 of the Act, including the recording of births and deaths on board. These changes require the Authority to effectively manage and monitor compliance with the regulations to maintain maritime safety standards. The regulations do not introduce new offences or penalties but update the entities responsible for enforcement and compliance. Any breaches of the amended regulations will be subject to the existing provisions of the Navigation Act 1912, which include potential civil or criminal penalties for non-compliance. The precise nature and severity of penalties would be determined based on the specific breach and the relevant sections of the Act. The amendments focus primarily on administrative changes and the alignment of regulatory references with the current administrative structure, rather than introducing new sanctions or penalties.