Navigation (Compass) Regulations (Amendment)

Overview

The Navigation (Compass) Regulations (Amendment) 1988 is an amendment to the Navigation (Compass) Regulations under the Navigation Act 1912. This Act was enacted to regulate the navigation of vessels and matters incidental to navigation, including the issue of licences and certificates to individuals operating vessels within Australian waters. The 1988 amendment was introduced to address the need for updated fees for services provided under the Act, in line with the government’s policy of cost recovery. The amendment was issued by the Authority of the Minister for Land Transport and Shipping Support and includes adjustments to the fees for examinations for compass adjuster’s licences and for requested, unprescribed inspections of a ship’s compasses to reflect cost increases since the last adjustment in October 1987. The policy objective of these amendments is to ensure that the fees adequately cover the costs associated with providing these services, thereby supporting the efficient and effective administration of maritime safety regulations.

Scope and Application

The Navigation Act 1912 applies to the regulation of maritime navigation within Australian waters, encompassing the coasting trade, tonnage measurement, and the use of navigational equipment such as compasses. The Act governs the conduct of businesses under its purview, particularly focusing on the licensing of personnel such as compass adjusters and the inspection of maritime equipment. The Act's application extends to all vessels engaged in the coasting trade within Australian waters, and to any person or entity requiring certification or inspection of navigational equipment. The geographic reach of the Act is national, as it pertains to all maritime activities within Australia's jurisdictional waters. The Act is complemented by various regulations, including the Navigation (Coasting Trade) Regulations, Navigation (Compass) Regulations, and Navigation (Tonnage Measurement) Regulations, which are subject to amendment as outlined in the explanatory statement. These amendments, such as those to the fees for examinations and inspections, are made pursuant to the authority granted under Subsection 425(1) of the Act and aim to adjust fees to reflect cost increases, ensuring the ongoing viability of the regulatory framework.

Key Provisions

The main operative sections of the amending regulations focus on updating the fees associated with specific services under the Navigation (Compass) Regulations (Amendment). Regulation 2, in particular, modifies the fees for examinations and inspections pertinent to compass adjusters. Specifically, the fee for an examination for a compass adjuster's licence has been increased from $155 to $168 (subregulation 12A), and the fee for a requested, unprescribed inspection of a ship's compasses has been increased from $101 to $161 (subregulation 17(6)). These changes reflect the need to adjust for cost increases since the last fee adjustment in October 1987. The obligations and requirements imposed by these amendments are primarily financial in nature. Entities and individuals involved in obtaining a compass adjuster's licence or requesting an inspection of a ship's compasses must now pay the updated fees as stipulated in the amending regulations. This includes ensuring that any applications for examinations or inspections are accompanied by the appropriate fee, as per the new rates. The amendments do not alter the substantive requirements for obtaining a licence or conducting an inspection but focus solely on updating the associated costs. In terms of consequences for non-compliance, the regulations themselves do not explicitly outline penalties for failing to pay the updated fees. However, under the broader Navigation Act 1912, failure to comply with fee payment requirements can lead to legal repercussions. For instance, if an individual or entity does not pay the correct fee, it could be seen as non-compliance with the Act, potentially resulting in fines or other administrative penalties. The exact nature and severity of these penalties would be determined in accordance with the provisions of the Navigation Act and any related legislation or administrative guidelines.