Navigation (Master and Seamen) Regulations (Amendment)

Legislation au C2004L05630 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules Nos. 352 - 358 of 1984

Issued by the Authority of the Minister of State for Transport

Navigation (Master and Seamen) Regulations (Amendment) - 357

Navigation (Compass) Regulations (Amendment)

Navigation (Deck Cargo) Regulations (Amendment)

Navigation (Cargo-Hazards Prevention) Regulations (Amendment)

Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment)

Sub-section 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 the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act or for the conduct of any business under the Act.

The fees and charges payable to the Department of Transport under the Act for services provided to the maritime industry have not been increased since 1 October 1981.

The Government is committed to a policy of full cost recovery in relation to these activities. The amendments involve an across-the-board increase of approximately 30%. This increase is intended to cover the movement in costs since October 1981.

The amendments of the Navigation (Master and Seamen) Regulations, Navigation (Compass) Regulations, Navigation (Deck Cargo) Regulations, Navigation (Cargo-Hazards Prevention) Regulations and the Navigation (Loading and Unloading - Safety Measures) Regulations will commence on 1 December 1984.

Details of the amendments of the individual Regulations are given in the following Attachments:

Attachment 1 - Navigation (Master and Seamen) Regulations (Amendment)

Attachment 2 - Navigation (Compass) Regulations (Amendment)

Attachment 3 - Navigation (Deck Cargo) Regulations (Amendment)

Attachment 4 - Navigation (Cargo-Hazards Prevention) Regulations (Amendment)

Attachment 5 - Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment).

 

 

Authority: Sub-section 425(1) of the Navigation Act 1912

ATTACHMENT 1

NAVIGATION (MASTER AND SEAMEN) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Master and Seamen) Regulations to increase the fees payable to the Department of Transport in respect of the engagement and discharge of seamen and issue of certificates of service as a seaman. The fees also relate to the provision of additional services such as after hours attendance, travelling time and waiting time as well as postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

 

Provision

Omit

Substitute

Paragraph 9(a)

                $    7

$    9

Regulation 26

$  24

$  31

Paragraph 27(2)(a)

60

78

 

108

140

 

216

280

Paragraph 27(2)(b)

60

78

 

108

140

 

216

280

Sub-regulation 27(4)

$156

$203

Sub-regulation 27(5)

$  15

$  20

Sub-regulation 27(6)

$  29

$  40

Regulation 28

$  15

$  20

Regulation 29

$  15

$  20

Regulation 30

$  15

$  20

Regulation 31

$  22

$  29


ATTACHMENT 2

NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Compass) Regulations to increase the fees payable to the Department of Transport in respect of a sitting fee for the examination of applicants for a compass adjuster’s licence. The fees also relate to the adjustment of compasses and related services such as after hours attendance, travelling expenses and waiting time and postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

 

Provision

 

Omit

Substitute

Regulation

12A

$  90

$117

Sub-regulation

17(2)

164

213

 

 

218

283

 

 

327

425

 

 

436

567

 

 

654

850

Paragraph

17(3)(a)

$160

$208

Paragraph

17(3)(b)

$130

$169

Paragraph

17(3)(c)

$  70

$  91

Paragraph

17(4)(a)

$  80

$104

Paragraph

17(4)(b)

$  70

$  91

Paragraph

17(4)(c)

$  40

$  52

Sub-regulation

17(5)

$  60

$  78

 

 

$240

$312

Sub-regulation

17(6)

$  50

$  65


ATTACHMENT 3

NAVIGATION (DECK CARGO) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Deck Cargo) Regulations to increase the fees payable to the Department of Transport for the inspection of a ship in relation to the loading of deck cargo.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

 

Omit

Substitute

Paragraph

6(5)(a)

$120

$156

Paragraph

6(5)(b)

$  60

$  78

Paragraph

6(6)(a)

$160

$208

Paragraph

6(6)(b)

$  70

$  91

 

 

$130

$169

Sub-regulation

6(8)

$  60

$  78


ATTACHMENT 4

NAVIGATION (CARGO-HAZARDS PREVENTION) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Cargo-Hazards Prevention) Regulations to increase the fees payable to the Department of Transport for the inspection of a ship carrying specified hazardous substances. The fees also relate to the provision of related services, such as after hours attendance, travelling expenses and waiting time as well as postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

 

Provision

 

Omit

Substitute

Sub-regulation

8(1)

$  60

$  78

Paragraph

8(2)(a)

$160

$208

Paragraph

8(2)(b)

$130

$169

Paragraph

8(2)(c)

$  70

$  91

Paragraph

8(3)(a)

$  80

$104

Paragraph

8(3)(b)

$  70

$  91

Paragraph

8(3)(c)

$  40

$  52

Sub-regulation

8(5)

$  60

$  78

 

 

$240

$312


ATTACHMENT 5

NAVIGATION (LOADING AND UNLOADING - SAFETY MEASURES) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Loading and Unloading - Safety Measures) Regulations to increase the fees payable to the Department of Transport in respect of the inspection of the cargo gear of a ship. The fees also relate to the provision of related services such as after hours attendance, waiting time and travelling expenses as well as cancelled or interrupted inspections.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

 

Omit

Substitute

Sub-regulation

77(1)

$120

$156

 

 

$  60

$  78

Paragraph

77(2)(a)

$160

$208

Paragraph

77(2)(b)

$130

$169

Paragraph

77(2)(c)

$  70

$  91

Paragraph

77(3)(a)

$  80

$104

Paragraph

77(3)(b)

$  70

$  91

Paragraph

77(3)(c)

$  40

$  52

Sub-regulation

77(5)

$  60

$  78

 

 

$240

$312

Overview

The Navigation (Master and Seamen) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), Navigation (Cargo-Hazards Prevention) Regulations (Amendment) and Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) were enacted in 1984 to address the need for updating fees and charges associated with maritime services provided by the Department of Transport under the Navigation Act 1912. The amendments were introduced to ensure that the fees and charges reflect the current costs and align with the government's policy of full cost recovery. The Australian Government committed to increasing the fees by approximately 30% to cover the cost movements since the last update in October 1981. The amendments were authorised under subsection 425(1) of the Navigation Act 1912 and were set to commence on 1 December 1984, encompassing various aspects such as the engagement and discharge of seamen, compass adjuster’s licence examinations, deck cargo inspections, hazardous substances inspections, and cargo gear inspections.

Scope and Application

The Navigation (Master and Seamen) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), Navigation (Cargo-Hazards Prevention) Regulations (Amendment), and Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) are subordinate instruments of the Navigation Act 1912, which applies to the maritime industry, including ship owners, masters, seamen, and other relevant entities within Australia. These regulations, which underwent amendments in 1984, govern the fees for various services provided by the Department of Transport, such as the engagement and discharge of seamen, compass adjuster's licence examinations, deck cargo inspections, hazardous cargo inspections, and cargo gear inspections. The amendments, which commenced on 1 December 1984, primarily involve an increase in fees to reflect the rise in costs since October 1981. The amendments cover the entire maritime industry in Australia, with no specified exclusions or exemptions, ensuring that the Department of Transport can fully recover costs associated with the services it provides. These amendments extend the application of the Act by updating the fees in line with the current economic conditions and maintaining the policy of full cost recovery.

Key Provisions

The statutory rules (Nos. 352 - 358 of 1984) issued under the authority of the Minister of State for Transport amend several navigation-related regulations to update fees payable to the Department of Transport. These amendments cover a range of maritime services, including the engagement and discharge of seamen, the examination of compass adjusters, inspection of deck cargo and hazardous substances, and safety measures for loading and unloading cargo. Regulation 1 of each attachment specifies that the new fees will come into effect on 1 December 1984. Regulation 2 of each attachment details the updated fee schedules, which represent an approximate 30% increase to reflect the rise in costs since 1 October 1981. These amendments impose specific obligations on maritime industry participants, such as ship owners, operators, and seamen. They are required to pay the updated fees for services rendered by the Department of Transport, including those related to the engagement and discharge of seamen, compass adjuster licensing, deck cargo inspections, hazardous cargo inspections, and cargo gear inspections. These obligations also extend to paying additional fees for services provided outside standard business hours, travel expenses, waiting times, and any postponed or cancelled services. The updated fee schedules are designed to ensure that the Department of Transport can recover the full costs associated with these services. Breaching these updated fee structures may lead to civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with the new fees could potentially result in fines or other penalties under the Navigation Act 1912. The precise nature of these penalties would be determined by the courts, but the amendments aim to enforce compliance through financial disincentives for non-payment of the updated fees. The intent is to ensure the Department of Transport can maintain its regulatory functions and recover the full costs of providing these essential maritime services.

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Maritime Law
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Regulation
Concepts
Definitions & Interpretation
Fees and Charges
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.