Navigation (Compass) Regulations (Amendment)

Overview

The Navigation (Compass) Regulations (Amendment) Statutory Rules 1989 No. 382 were enacted to address the need for updating fees associated with services provided under the Navigation Act 1912. This amendment was made pursuant to subsection 425(1) of the Navigation Act, allowing the Governor-General to update regulations necessary for the effective implementation of the Act. The objective of these amendments was to ensure that the fees charged for services, such as the adjustment of ships' compasses, reflected the increased costs since the last adjustment in October 1988, in line with the government's policy of cost recovery. The regulations were issued by the Authority of the Minister for Land Transport and Shipping Support and came into effect on 1 January 1990, with an increase in fees for compass adjustment services by up to 14 per cent, calculated based on the average number of hours taken to perform the service at an hourly rate of $110.

Scope and Application

The Navigation (Compass) Regulations (Amendment) 1989 apply to any individual or entity involved in the adjustment of ship compasses, ensuring compliance with the Navigation Act 1912. These Regulations are applicable nationwide, covering all maritime activities within Australian waters, and they mandate the adjustment of fees to reflect cost increases since the last adjustment in October 1988. The amendment increases fees for compass adjustment services by up to 14 per cent, with the new fees determined based on an hourly rate of $110. The Regulations do not exclude any particular entity or type of service from this adjustment, and they come into operation on 1 January 1990. Subordinate instruments may further extend or restrict the application of these Regulations, ensuring that the amendments are effectively implemented across all relevant maritime activities.

Key Provisions

The Navigation (Compass) Regulations (Amendment) (1) primarily serve to update the fees associated with services provided under the Navigation Act 1912, specifically those related to the adjustment of ships' compasses. These amendments, which come into effect on 1 January 1990 (reg. 1), are crucial for maintaining the financial sustainability of the services provided under the Act. They adjust the existing fees by up to 14 per cent, reflecting the cost increases since the last adjustment in October 1988 (reg. 2). The new fees are calculated based on an hourly rate of $110, applied to the average number of hours required to complete a service. The obligations imposed by these Regulations on the parties or entities governed by them are primarily financial. Ship owners and operators who require the adjustment of their ships' compasses are now required to pay the updated fees as specified in the amended Regulations. This adjustment ensures that the services provided remain adequately funded, allowing for the continued maintenance of safety and compliance standards within the coastal trade. Failure to comply with the fee structure outlined in these Regulations may result in civil or administrative penalties. Although the specific penalties are not detailed in the explanatory statement, breaches of similar regulatory frameworks often result in fines or other financial penalties. The exact consequences would depend on the nature and severity of the non-compliance, but they are intended to encourage adherence to the new fee structure. Additionally, any party found to be deliberately evading the payment of these fees could face more severe consequences, including potential criminal charges. While the maximum penalties are not explicitly stated in the explanatory statement, it is reasonable to infer that penalties could range from fines to imprisonment, depending on the jurisdiction and the severity of the evasion. These measures are in place to ensure that the regulatory framework remains effective and that the services provided under the Navigation Act 1912 continue to be properly funded and maintained. In summary, the Navigation (Compass) Regulations (Amendment) provide updated fee structures for services related to the adjustment of ships' compasses, impose financial obligations on ship owners and operators, and establish potential penalties for non-compliance, including both civil and criminal consequences. These amendments are essential for ensuring the continued operation and effectiveness of the services provided under the Navigation Act 1912.