EXPLANATORY STATEMENT
STATUTORY RULES NO 230 OF 1987
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
Subject: Navigation Act 1912 -
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Construction) Regulations (Amendment)
Navigation (Deck Cargo) Regulations (Amendment)
Navigation (Tonnage Measurement) Regulations (Amendment)
Subsection 425(1) of the Navigation Act 1912 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act or for the conduct of any business under the Act, and in particular, prescribing matters providing for and in relation to the fixing of fees to be paid in respect of any matters under the Act.
The abovementioned Regulations are made pursuant to that subsection. Fees payable under the Act for services provided to the maritime industry were last adjusted in October 1986.
In accordance with the Government’s policy of cost recovery in relation to those services it is necessary to amend the abovementioned Regulations.
Details of the amending Regulations are given in the following Attachments:
Attachment 1 - Navigation (Coasting Trade) Regulations
Attachment 2 - Navigation (Compass) Regulations
Attachment 3 - Navigation (Construction) Regulations
Attachment 4 - Navigation (Deck Cargo) Regulations
Attachment 5 - Navigation (Tonnage Measurement) Regulations
ATTACHMENT 2
NAVIGATION (COMPASS) REGULATIONS
The Regulations amend the Navigation (Compass) Regulations as follows:
Regulation 1 provides that the Regulations come into operation on 19 October 1987.
Regulation 2 amends the existing regulations by:
(a) increasing the fee payable under regulation 12A for an examination for a compass adjuster’s licence from $147 to $155;
(b) amending the fee payable under subregulation 17(2) for a compass adjuster to perform his services, in the case of:
(i) a ship the gross registered tonnage of which is under 50 tons - from $234 to $291;
(ii) a ship the gross registered tonnage of which is 50 tons or over but under 250 tons - from $311 to $291;
(iii) a ship the gross registered tonnage of which is 250 tons or over but under 1000 tons -from $468 to $485;
(iv) a ship the gross registered tonnage of which is 1000 tons or over but under 3000 tons -from $624 to $485; and
(v) a ship the gross registered tonnage of which is 3000 tons or over - from $935 to $485;
(c) increasing the fee payable under paragraphs 17(3)(a) and (b) for out of hours attendance by a compass adjuster (a surveyor) from an hourly rate of $35 to $36;
(d) increasing the fee payable under paragraph 17(3)(b) for out of hours attendance by a compass adjuster from a minimum fee of $105 to $108;
(e) increasing the fee payable under subregulation 17(4) for the cancellation by the owner, master or agent of a ship, of a requested examination or adjustment of the ship’s compasses by a compass adjuster from $108 to $111;
(f) increasing the fee payable under subregulation 17(5) for causing a compass adjuster to wait to commence or continue a requested examination or adjustment of a ship’s compasses from an hourly rate of $70 to $97; and
(g) increasing the fee payable under subregulation 17(b) for a requested, unprescribed inspection of any of a ship’s compasses from $94 to $101.
Overview
The Navigation (Compass) Regulations Amendment (No. 2) 1987 were enacted to amend the existing regulations concerning fees payable under the Navigation Act 1912, which governs maritime matters within Australia. This legislative action was taken by the Australian Government to ensure that fees for services provided to the maritime industry were adjusted in line with the government's policy of cost recovery. The amendments were necessitated by the fact that the fees had not been updated since October 1986. The primary objective of these amendments is to reflect the current costs associated with the services provided under the Act, thereby ensuring the sustainability and financial viability of the maritime regulatory framework.
Scope and Application
The Navigation (Compass) Regulations (Amendment) pertains to the maritime industry, specifically affecting compass adjusters and related activities on ships. These Regulations amend the existing compass regulations by adjusting fees for various services provided by compass adjusters, such as examinations, adjustments, and inspections of a ship’s compasses. The adjustments include changes to fees for examinations for a compass adjuster’s licence, fees for services based on the gross registered tonnage of a ship, and fees for out-of-hours attendance and cancellation of services. The Regulations are applicable nationally across Australia, as they are made under the Navigation Act 1912, which has a Commonwealth jurisdiction. The Regulations do not explicitly state any exclusions, but they apply to any person or entity involved in maritime activities that require the services of a compass adjuster. The fees outlined in the Regulations reflect the Government’s policy of cost recovery for services provided to the maritime industry. The application and enforcement of these Regulations may be further detailed through subordinate instruments, which could provide additional specifications or clarifications necessary for implementation.
Key Provisions
The primary provisions of the Navigation (Compass) Regulations, as amended, are detailed in Regulation 2. These amendments primarily concern the fees associated with various services related to compass adjustments and examinations provided by compass adjusters under the Navigation Act 1912. For instance, Regulation 2(a) raises the fee for an examination for a compass adjuster's licence from $147 to $155. Furthermore, Regulation 2(b) revises the fees for compass adjusters to perform their services based on the gross registered tonnage of the ship, with different rates specified for ships under 50 tons, between 50 and 250 tons, and so forth, up to ships over 3000 tons. Regulation 2(c) increases the hourly rate for out-of-hours attendance from $35 to $36, while Regulation 2(d) raises the minimum fee for such attendance from $105 to $108. Regulation 2(e) to (g) increase various other fees associated with compass adjustments and inspections, such as the fee for the cancellation of a requested examination or adjustment, and the fee for causing a compass adjuster to wait.
The obligations imposed on parties by these Regulations are primarily financial in nature, as they pertain to the fees that must be paid for various services related to compass adjustments and examinations. For example, ship owners, masters, and agents must pay the specified fees for examinations, services, and inspections as outlined in the Regulations. These fees are dependent on the gross registered tonnage of the ship and the nature of the service requested. The Regulations also stipulate specific fees for out-of-hours attendance and waiting times, which must be paid by the relevant parties.
There are no explicit offences, penalties, or consequences for breach outlined in the Regulations themselves. However, the Navigation Act 1912 does provide for potential penalties for non-compliance with regulations made under the Act. In general, penalties for non-compliance with maritime regulations can include fines and, in some cases, imprisonment. The specific penalties for breach would depend on the nature and severity of the non-compliance, as well as any relevant case law or precedent. It is important for parties subject to these Regulations to ensure they comply with all fee requirements to avoid potential legal consequences.