Navigation (Compass) Regulations (Amendment)

Overview

The Navigation (Compass) Regulations (Amendment) 1990, enacted by the Australian Government, serves to update the fees associated with services provided under the Navigation Act 1912. This legislative amendment addresses the need for fee adjustments in response to cost increases that have occurred since the last revision in 1988. The objective of this amendment is to align the fees with the current economic conditions, ensuring the ongoing viability of the services while adhering to the government's policy of cost recovery for services rendered under the Act. This regulation was issued under the authority of the Minister for Shipping and Aviation Support and reflects a necessary update to maintain the efficacy and financial sustainability of maritime navigation services in Australia.

Scope and Application

The Navigation Act 1912 applies to a broad range of entities and individuals involved in maritime activities within Australian waters, including coastal trade, shipping, and related services. Specifically, the Act and its accompanying regulations govern the conduct of vessels and entities engaged in the coasting trade, compass adjustments, construction, deck cargo, and tonnage measurement. The jurisdictional reach of the Act extends to Commonwealth waters, including state and territory waters. The stated purpose of the amendments to the various Navigation Regulations is to adjust fees for services provided under the Act to reflect cost increases since the last adjustments in 1988 and 1990. The amendments, which come into effect on 15 October 1990, include a 20 per cent increase in fees for services related to the adjustment of ships' compasses, with new fees based on an hourly rate of $132. The application of the Act and its regulations may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The primary provisions of the Navigation (Compass) Regulations (Amendment) (Attachment 2) are found in Regulations 1 and 2. Regulation 1 sets the date for the commencement of the amended regulations, which is 15 October 1990. Regulation 2 specifies a 20% increase in fees for services relating to the adjustment of ships' compasses, with the new fees calculated based on the average number of hours required to perform the service at an hourly rate of $132. The obligations and requirements imposed by these regulations are primarily concerned with the adjustment of ships' compasses and the associated fee structure. Under Regulation 2, the fees for compass adjustment services are increased to reflect the current cost of providing these services. This means that any party or entity engaged in the adjustment of ships' compasses must adhere to the new fee schedule when invoicing for their services. The amendments ensure that the fees are reflective of the time and resources necessary to perform these adjustments, which is intended to align with the government's policy of cost recovery for services provided under the Navigation Act 1912. In terms of offences, penalties, or civil/criminal consequences for breach, the explanatory statement does not specify any particular consequences for non-compliance with the amended regulations. However, it is reasonable to infer that failure to adhere to the new fee structure could result in disputes over service charges or potential enforcement actions by the relevant authorities. The Navigation Act 1912, from which these regulations derive their authority, does not detail specific penalties for breaches of the regulations in the explanatory statement provided. Generally, breaches of maritime regulations can lead to fines or other penalties as prescribed by the Act or related legislation. The amendments to the Navigation (Compass) Regulations aim to update the fee structure to reflect current costs, ensuring that the services provided are appropriately compensated. This is a necessary step to maintain the integrity of the fee system under the Navigation Act 1912 and to support the government's policy of cost recovery. While the specific consequences for non-compliance are not detailed in the explanatory statement, it is clear that adherence to the new fee structure is required for those providing compass adjustment services.