Navigation (Compass) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 189, the Regulations under the Navigation Act 1912, were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were introduced to amend the Navigation (Compass) Regulations to address discrepancies in fees for the examination, adjustment, and certification of marine compasses, ensuring that the costs more accurately reflect the service provided. The policy objective is to maintain maritime safety and efficiency by ensuring that vessels are equipped with properly functioning navigational instruments, thereby reducing the risk of accidents at sea.

Scope and Application

The Navigation (Compass) Regulations, as amended in Statutory Rules 1979 No. 189, apply to vessels navigating Australian waters, specifically focusing on the examination and adjustment of compasses on ships. The regulations cover various aspects including fees for the examination of compasses and fees for their adjustment, which vary according to the gross registered tonnage of the ship. The application of these regulations extends across all Commonwealth waters and applies to any vessel registered in Australia or entering Australian waters, regardless of its flag state. Notably, the regulations do not specify any exclusions or exemptions but instead detail precise fees and adjustments required based on the ship's tonnage. These regulations further extend their application through subordinate instruments, which can be amended to adjust fees and other requirements as necessary.

Key Provisions

The primary operative sections of these Regulations (sections 2 and 3) pertain to the amendment of fees associated with compass examinations and adjustments under the Navigation (Compass) Regulations. Specifically, Regulation 12A of the Navigation (Compass) Regulations is altered to increase the examination fee from $15 to $45. Furthermore, Regulation 17, which outlines fees for compass adjustments, is amended to adjust the fee structure based on the gross registered tonnage of the ship. The new fee structure is tiered, with fees ranging from $8 to $324, depending on the ship's size. Additional adjustments are made to various other fee brackets under Regulation 17, ensuring a comprehensive update to the previous fee schedule. These Regulations impose specific financial obligations on ship owners or operators who require compass examinations or adjustments. Under the amended Regulation 12A, the examination fee is now $45, a significant increase from the previous $15. Moreover, ship owners must pay fees for compass adjustments according to the new tiered structure outlined in Regulation 17. This means that depending on the gross registered tonnage of their ship, they will pay between $8 and $324 for the service. The new fees reflect the updated costs associated with conducting these examinations and adjustments. Failure to comply with these Regulations could result in civil or administrative consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, the Navigation Act 1912 under which these Regulations are made, may impose penalties. Under the Navigation Act, penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined based on the specific circumstances and the discretion of the court or relevant authority. It is essential for ship owners and operators to adhere to these fee structures to avoid potential legal repercussions.