Navigation (Compass) Regulations (Repeal) 1995 No. 270
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 270
Issued by the Authority Of the Minister for Transport
Navigation Act 1912
Navigation (Compass) Regulations (Repeal)
Subsection 425(1) of the Navigation Act 1922 (the Act) provides that the Governor- General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Under subsection 425(1AA) of the Act the Australian Maritime Safety Authority has power to make orders with respect to matters in Part IV of the Act in relation to which provision may be made by regulations.
The Navigation (Compass) Regulations, made pursuant to subsection 425(1), prescribe matters for the purposes of Part IV (Ships and Shipping) of the Act in relation to:
the examination and adjustment of compasses by an adjuster;
the entries to be made in a compass-error book; and
the issue of a licence to a compass adjuster.
It is proposed to replace the above mentioned requirements with provisions of Marine Orders Part 21, made pursuant to subsection 425(1AA) of the Act, in accordance with a policy pursued since February 1981 to incorporate the detailed subordinate requirements of the Act in Marine Orders. These provisions will come into effect on 1 September 1995 and provide for the same matters contained in the repealing regulations and the following additional matters:
recognition of overseas qualifications for compass adjusters;
provisions for appealing decisions not to issue a licence to the Administrative Appeals Tribunal; and
amendments to administrative arrangements relating to adjustment of compasses, compass-error books and the licensing of compass adjusters, (for example, new application forms).
The proposed repealing regulations will come into force on 6 September 1995. Repealing the regulations six days after the commencement of the Marine Orders is
not expected to cause major difficulties as subsection 425(5C) of the Navigation Act 1912 provides that where a Marine Order is inconsistent with a regulation made under that Act, the regulation shall prevail and the Marine Order shall, to the extent of the inconsistency, have no force or effect.
Overview
The Navigation (Compass) Regulations (Repeal) 1995 No. 270, issued under the authority of the Minister for Transport, repeals certain provisions of the Navigation Act 1912. This repeal is part of a broader policy to incorporate detailed subordinate requirements of the Act into Marine Orders, a policy that has been in effect since February 1981. The repealed regulations, which were made pursuant to subsection 425(1) of the Act, previously prescribed matters relating to the examination and adjustment of compasses, entries in compass-error books, and the issuance of licenses to compass adjusters. These provisions are replaced by the Marine Orders Part 21, which also address the same matters as the repealed regulations and introduce additional provisions such as the recognition of overseas qualifications for compass adjusters, appeal mechanisms to the Administrative Appeals Tribunal, and amendments to administrative arrangements. The repeal of these regulations and the introduction of the Marine Orders are intended to streamline and modernise the regulatory framework for compass adjusters within the maritime sector.
Scope and Application
The Navigation (Compass) Regulations (Repeal) 1995 No. 270 aims to repeal the Navigation (Compass) Regulations, which were made under the Navigation Act 1912. These regulations prescribed matters related to the examination and adjustment of compasses by an adjuster, the entries to be made in a compass-error book, and the issue of a licence to a compass adjuster. The repeal is part of a policy to incorporate detailed subordinate requirements of the Act into Marine Orders. The regulations will be replaced by provisions in Marine Orders Part 21, which will come into effect on 1 September 1995. These provisions cover the same matters as the repealed regulations but also include recognition of overseas qualifications for compass adjusters, provisions for appealing licensing decisions to the Administrative Appeals Tribunal, and amendments to administrative arrangements. The repeal of the regulations is intended to streamline and modernise the administrative framework while maintaining the same substantive requirements. The repeal will take effect on 6 September 1995, and any inconsistencies with the Marine Orders will be resolved in favour of the regulations under subsection 425(5C) of the Navigation Act 1912.
Key Provisions
The Navigation (Compass) Regulations (Repeal) 1995 No. 270, made under the Navigation Act 1912, propose to repeal existing regulations concerning the examination and adjustment of compasses, entries in a compass-error book, and the issuing of a licence to a compass adjuster. These repealed regulations, which were made under subsection 425(1) of the Act, will be replaced by provisions in Marine Orders Part 21, which are made under the authority provided by subsection 425(1AA) of the Act. This shift aligns with a long-standing policy to integrate detailed requirements of the Act into the Marine Orders, facilitating a more streamlined and updated regulatory framework.
Under the Navigation (Compass) Regulations (Repeal) 1995, the obligations for compass adjusters and ship owners will transition from the repealed regulations to the Marine Orders. This includes new provisions for the recognition of overseas qualifications for compass adjusters, the opportunity to appeal licensing decisions to the Administrative Appeals Tribunal, and changes in administrative procedures such as new application forms. The regulations aim to ensure that the maritime industry continues to operate under updated and comprehensive guidelines that reflect current maritime practices and international standards.
The proposed repeal of the Navigation (Compass) Regulations and their replacement with Marine Orders Part 21 will introduce several consequences for non-compliance. Offences and penalties for breaches of the new regulations will be enforced under the Navigation Act 1912 and may include both civil and criminal penalties. While specific maximum penalties are not detailed in the explanatory statement, the Act provides a framework for imposing fines and other penalties for non-compliance with maritime safety regulations. The repeal is intended to ensure that maritime safety standards remain up-to-date and effective, thereby protecting both the maritime industry and the public.