Navigation (Compass) Regulations (Amendment)

Overview

Statutory Rules 1954 No. 25, made under the Navigation Act 1912-1953, amends the Navigation (Compass) Regulations to adjust fees for compass adjustment services and to clarify the role of adjusters of compasses. Enacted by the Governor-General in Council, these regulations aim to ensure fair compensation for adjusters' services and to streamline the certification process for their work. The policy objective appears to be the efficient regulation of maritime navigation equipment, ensuring maritime safety and the professional conduct of compass adjusters.

Scope and Application

The Regulations under the Navigation Act 1912-1953, specifically amending the Navigation (Compass) Regulations, apply to individuals who are adjusters of compasses, as well as to persons who request their services for ships. These regulations govern the fees payable for compass adjustment services, including a tiered fee structure based on the gross registered tonnage of the ship, and also cover additional charges such as for delays in the ship's readiness and for travel expenses of the adjuster. The application of these regulations extends across the Commonwealth of Australia, affecting maritime operations nationwide. Notably, the regulations stipulate that fees are only payable if the adjuster is certified by the Deputy Director, or if the Deputy Director confirms that the services were performed. Certain regulations pertaining to adjusters who are also masters or mates of ships have been modified, and specific forms previously included in the schedule have been omitted.

Key Provisions

The statutory rules under the Navigation Act 1912-1953, specifically the Navigation (Compass) Regulations, have been amended to introduce new provisions concerning fees for compass adjusters and the conditions under which these fees are payable. Regulation 17 (sub-regulation 1) establishes a fee schedule based on the gross registered tonnage of the ship, with fees ranging from £5 for ships not exceeding 250 tons to £12 for ships exceeding 3,000 tons. This fee is contingent upon the issuance of a certificate by the Deputy Director or a certification of service by the adjuster, as outlined in sub-regulation 2. If a ship fails to get underway within half an hour of the appointed time for the adjuster's services, a further fee of £1.1s per hour or a minimum of £4.4s is payable, as stipulated in sub-regulation 3. Additionally, any travel expenses incurred by the adjuster in attending to the ship are to be reimbursed by the person requesting the services, as per sub-regulation 4. The regulations impose several obligations on the parties involved. Ship owners or their representatives who request the services of a compass adjuster must ensure that the adjuster is qualified and that the services rendered are certified by the Deputy Director or the adjuster himself. Furthermore, if the ship does not get underway as scheduled, the person who requested the adjuster's services is obligated to pay the adjuster a delay fee, as outlined above. The adjuster, on the other hand, must attend to the ship as scheduled and provide the necessary certification to be eligible for payment of fees. The legislation also outlines specific consequences for breaches of these provisions. Failure to pay the stipulated fees when due could result in financial penalties for the ship owner or their representative. Additionally, if an adjuster performs services without the requisite certification, they may not be entitled to the fees specified in Regulation 17. Although the statutory rules do not explicitly detail maximum penalties for non-compliance, it is implied that non-payment or failure to comply with the certification requirements could lead to financial repercussions for the parties involved.