Navigation (Life-saving Appliances) Regulations (Amendment)

Legislation au C1974L00238 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 238

REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Navigation Act 1912-1973.

Dated this fourth day of December, 1974.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

C. K. JONES

Minister of State for Transport.

_______

Amendments of the Navigation (Life-saving Appliances) Regulations†

Interpretation.

1. Regulation 5 of the Navigation (Life-saving Appliances) Regulations is amended by omitting from the definition of “Regional Controller” in sub-regulation (1) the words “Shipping and”.

Lift boats— Class II. ships.

2. Regulation 9 of the Navigation (Life-saving Appliances) Regulations is amended by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4) the words “a liferaft or” and substituting the words “at least two”.

Number of liferafts to be carried on Class II, ships.

3. Regulation 30 of the Navigation (Life-saving Appliances) Regulations is amended by omitting from sub-regulation (4) the words “a liferaft or”.

Construction of lifebuoy self-igniting lights.

4. Regulation 51 of the Navigation (Life-saving Appliances) Regulations is amended by omitting paragraph (c) and substituting the following paragraph:—

“(c) shall have a luminous intensity of not less than 2 candelas in all directions of the upper hemisphere; and ".

Rockcet signals.

5. Regulation 58 of the Navigation (Life-saving Appliances) Regulations is amended—

(a) by omitting sub-regulation (2);

(b) by omitting from sub-regulations (3) and (4) the words “or flare”; and

(c) by omitting paragraph (a) of sub-regulation (3).

 

* Notified in the Australian Government Gazette on 6 December 1974.

† Statutory Rules 1968, No. 34.


Altering date of manufacture of rackets and flares.

6. Regulation 59 of the Navigation (Life-saving Appliances) Regulations is amended by omitting the words “or flare provided in a ship” and substituting the words “provided in a ship or on a rocket or flare provided in a lifeboat or liferaft”.

Warning signals.

7. Regulation 66 of the Navigation (Life-saving Appliances) Regulations is repealed and the following regulation substituted:—

“66. A Class I. ship and a Class II. ship shall be furnished with electrically-operated signals that can be controlled from the bridge for the purpose of summoning passengers and crew to their muster stations.”.

Emergency electrical installation in Class II. ships.

8. Regulation 70 of the Navigation (Life-saving Appliances) Regulations is amended by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (4) the words “one hundred and fifty degrees Fahrenheit” and substituting the figures and words “61 degrees Celsius”.

Exemption of certain ships.

9. Regulation 78 of the Navigation (Life-saving Appliances) Regulations is amended by omitting paragraph (a) and substituting the following paragraphs:—

“(a) a ship is a Class I. or a Class II. ship of not less than 500 tons gross registered tonnage, other than a nuclear ship, engaged on voyages other than international voyages;

(aa) a ship is a Class I. or a Class II. ship of less than 500 tons gross registered tonnage engaged on either international or coastal voyages;

(ab) a ship is a Class IV. ship; or”.

Overview

Statutory Rules 1974 No. 238, enacted under the Navigation Act 1912-1973, was introduced by the Parliament of Australia to address specific deficiencies in the existing maritime safety regulations, particularly concerning life-saving appliances and safety measures on ships. The regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and were subsequently notified in the Australian Government Gazette on 6 December 1974. The primary policy objective was to enhance maritime safety by updating and refining the standards and requirements for life-saving equipment on ships, thereby reducing the risk of accidents and improving the ability to respond effectively in emergency situations.

Scope and Application

These regulations amend the Navigation (Life-saving Appliances) Regulations, which fall under the Navigation Act 1912-1973. The regulations apply to ships that are classified as Class I or Class II, with certain exceptions noted for Class IV ships and those under 500 tons gross registered tonnage engaged on specific types of voyages. They specify requirements for life-saving appliances and equipment, including the number and specifications of liferafts, lifebuoy self-igniting lights, rocket signals, and warning signals. The amendments also adjust the temperature thresholds for emergency electrical installations in Class II ships and make technical adjustments to the date of manufacture for life-saving appliances. The changes are designed to enhance safety and compliance with maritime standards across the Commonwealth of Australia. The regulations extend to any subordinate instruments made under the authority of the Navigation Act, thereby allowing for further specification and enforcement of the outlined requirements.

Key Provisions

The Regulations under the Navigation Act 1912-1973 primarily concern amendments to the Navigation (Life-saving Appliances) Regulations. Regulation 1 modifies the definition of "Regional Controller" to exclude the words "Shipping and" (1). Regulation 2 specifies that Class II ships must be equipped with at least two liferafts (2). Regulation 3 removes the requirement for Class II ships to carry a liferaft (3). Regulation 4 adjusts the luminous intensity requirement for lifebuoy self-igniting lights to a minimum of 2 candelas (4). Regulation 5 removes sub-regulation (2) and modifies other sub-regulations to exclude references to flares (5). Regulation 6 modifies the date of manufacture requirement for rockets and flares (6). Regulation 7 repeals and replaces Regulation 66, requiring Class I and II ships to be furnished with electrically-operated signals for summoning passengers and crew (7). Regulation 8 changes the temperature requirement for emergency electrical installations in Class II ships from 150 degrees Fahrenheit to 61 degrees Celsius (8). Regulation 9 modifies the exemption criteria for certain ships, excluding references to international voyages and adding new criteria for Class I and II ships (9). These Regulations impose various obligations on ships and their operators, including specific equipment requirements for life-saving appliances. Class II ships must be equipped with at least two liferafts, lifebuoy self-igniting lights with a specified luminous intensity, and electrically-operated signals for summoning passengers and crew. There are also specific requirements regarding the construction and date of manufacture of rockets and flares. Furthermore, Class II ships must have emergency electrical installations meeting certain temperature criteria. Exemptions are provided for certain ships based on their gross registered tonnage and the nature of their voyages. Breaches of these Regulations can result in significant legal consequences. Although the specific penalties are not detailed in the provided text, the Navigation Act 1912-1973, under which these Regulations are made, generally provides for offences and penalties that may include fines and imprisonment for serious violations. Failure to comply with the mandatory equipment and operational requirements can also lead to civil liabilities and potential safety hazards at sea.

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