Statutory Rules
1976 No. 117
REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1973.
Dated this fourth day of June, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command
PETER NIXON
Minister of State for Transport.
________
Amendments of the Navigation (Compass) Regulations†
Issue of licences to compass adjusters.
1. Regulation 12 of the Navigation (Compass) Regulations is amended by omitting from paragraph (b) of sub-regulation (1) the word “ passes ” and substituting the words “ has passed ”.
2. Regulation 14 of the Navigation (Compass) Regulations is repealed and the following regulation substituted:—
Application for licence.
“ 14. (1) An application for a licence under sub-regulation 12 (1) shall be in accordance with Form C8.
“(2) An applicant shall not be granted a licence under sub-regulation 12 (1) unless his application is accompanied by satisfactory evidence of the applicant’s good conduct and character during the period of 12 months immediately preceding the date of his application and, in the case of an applicant referred to in paragraph 12 (1) (a) or (b)—
(a) the applicant’s certificate of competency; and
(b) unless, at any time during the 3 years immediately preceding the date of his application, the applicant held a licence as adjuster of compasses issued under these Regulations—
(i) deviation cards for at least 12 ships, the compasses of which the applicant has, while holding the qualifications specified in paragraph 12 (1) (a) or (b), assisted in adjusting during the 3 years immediately preceding the date of his application, showing in each case the position of the correctors and endorsed by the adjuster, over the adjuster’s signature, to the effect that the applicant assisted in the adjustments; or
* Notified in the Australian Government Gazette on 15 June 1976.
† Statutory Rules 1944, No. 178, as amended by Statutory Rules 1950, No. 60; 1954, No. 25; 1959, No. 44; 1963, No. 97; 1964, No. 37; 1965, No. 170; and 1974, No. 65.
(ii) satisfactory evidence that the applicant has, while holding the qualifications specified in paragraph 12 (1) (a) or (b), practised as a compass adjuster in a Commonwealth country and adjusted the compasses of at least 12 ships during the 3 years immediately preceding the date of his application.”.
Overview
Statutory Rules 1976 No. 117, titled "Regulations Under the Navigation Act 1912-1973," was enacted to amend the Navigation (Compass) Regulations, specifically addressing the licensing process for compass adjusters. This legislative instrument was introduced to refine the requirements for obtaining a licence, ensuring that applicants meet stringent standards of conduct and professional experience. The regulations were made under the authority of the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, and were notified in the Australian Government Gazette on 15 June 1976. The primary objective of these regulations is to uphold safety and reliability standards within maritime navigation by ensuring that compass adjusters are both qualified and experienced in their field.
Scope and Application
The Navigation (Compass) Regulations, enacted under the Navigation Act 1912-1973, pertain to the issuance of licences for compass adjusters. These regulations apply to individuals who seek to obtain a licence to adjust marine compasses, ensuring they meet stringent standards of competency and conduct. The regulations also encompass those who hold or have previously held such licences, requiring them to adhere to the updated criteria for licence applications. Geographically, these regulations are applicable nationwide, governing the maritime industry across all Australian waters. The regulations mandate that applicants provide evidence of good conduct and character, along with relevant certificates of competency and proof of practical experience, to be considered for a licence. Subordinate instruments may extend or refine these regulations, thereby impacting the broader application and enforcement of maritime navigation safety standards.
Key Provisions
The primary sections of these Regulations amend the Navigation (Compass) Regulations, specifically altering and repealing certain provisions. Regulation 12 modifies paragraph (b) of sub-regulation (1) by changing the word "passes" to "has passed," which may refer to an examination or qualification requirement for compass adjusters. Regulation 14 is repealed and replaced with a new regulation outlining the application process for a licence as a compass adjuster. This new regulation, Regulation 14, stipulates that the application must be made in accordance with Form C8 and that the applicant must provide evidence of good conduct and character, along with a certificate of competency. Furthermore, if the applicant has not held a previous licence as a compass adjuster, they must submit either deviation cards for at least 12 ships or evidence of practising as a compass adjuster in a Commonwealth country and adjusting the compasses of at least 12 ships.
These Regulations impose specific obligations on individuals applying for a licence as a compass adjuster. Firstly, applicants must provide evidence of good conduct and character from the previous 12 months. Secondly, they must furnish a certificate of competency. If the applicant has not held a previous licence, they must additionally provide either deviation cards for at least 12 ships, detailing the position of correctors and endorsed by the adjuster, or evidence of having practised as a compass adjuster in a Commonwealth country and adjusted the compasses of at least 12 ships within the preceding three years. These requirements ensure that only qualified and reputable individuals obtain the necessary licences to adjust ship compasses.
Breach of these Regulations could potentially lead to legal consequences. However, the specific offences, penalties, or consequences for non-compliance are not explicitly stated within the text of the Regulations themselves. Typically, failure to comply with licensing requirements under maritime legislation can result in civil or criminal penalties, including fines and potential disqualification from holding a licence. The exact penalties would be determined in accordance with the broader legislative framework under which these Regulations operate, such as the Navigation Act 1912-1973. It is important for applicants to adhere to these requirements to avoid any legal repercussions.