STATUTORY RULES.
1937. No. 92.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1935.*
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1935.
Dated this Twenty first day August, 1937.
Deputy of the Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce.
Amendments of the Navigation (Wireless Telegraphy)
Regulations.†
Definitions
1. Regulation 4 of the Navigation (Wireless Telegraphy) Regulations is amended by inserting in sub-regulation (1), after the definition of “hours at sea”, the following definition:—
“‘international voyage ’ means a voyage from a port in one country to a port in another country, at least one of those countries being a country to which the Safety Convention applies;”.
Normal range
2. Regulation 9 of the Navigation (Wireless Telegraphy) Regulations is amended—
(a) by omitting the words “The normal range” and inserting in their stead the words “—(1.) Subject to the next succeeding sub-regulation, the normal range”; and
(b) by inserting at the end thereof the following sub-regulation:—
“(2.) Where a wireless telegraphy surveyor is satisfied that, by reason of the limited size of any ship of less than 1,600 tons gross tonnage, it would be difficult to provide that ship with a main transmitter having a normal range by reckoning of 100 nautical miles and an emergency (reserve) transmitter having a normal range by reckoning of 50 nautical miles, the normal ranges of the main transmitter and of the emergency (reserve) transmitter to be provided on that ship, whilst it is not engaged on an international voyage, shall be such as are respectively approved by the wireless telegraphy surveyor.”.
* Notified in the Commonwealth Gazette on 1937.
† Statutory Rules 1935, No. 64, as amended by Statutory Rules 1935, No. 81.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,
4149.—8/5.8.1937.—Price 3d.
Overview
The Statutory Rules 1937, No. 92, which are Regulations under the Navigation Act 1912-1935, were enacted to amend the Navigation (Wireless Telegraphy) Regulations, particularly focusing on the definitions and operational parameters of wireless telegraphy equipment on ships. This legislative instrument was issued by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, and was authorised by the Minister of State for Commerce. The primary aim of these regulations is to ensure that the wireless telegraphy equipment on ships, particularly those of smaller sizes, complies with safety standards while also considering practical limitations imposed by the ship's size. The regulations address the specific issue of adjusting the normal range requirements for wireless telegraphy equipment on ships that do not engage in international voyages, ensuring that these ships maintain adequate communication capabilities without imposing unnecessary burdens.
Scope and Application
The Statutory Rules 1937, No. 92, made under the Navigation Act 1912-1935, pertain to the amendment of the Navigation (Wireless Telegraphy) Regulations. These regulations apply to all vessels, irrespective of size, engaged in maritime navigation within Australian waters, with specific emphasis on vessels making international voyages to or from countries that are signatories to the Safety Convention. The regulations are designed to ensure that wireless telegraphy equipment on ships meets specified standards for both main and emergency transmitters. For vessels under 1,600 gross tonnage not engaged in international voyages, the normal ranges for their wireless equipment can be adjusted based on individual assessments by a wireless telegraphy surveyor, provided this meets the statutory requirements. The scope of these regulations is primarily concerned with safety and communication at sea, ensuring that vessels are adequately equipped to maintain contact with maritime authorities and other vessels, especially during international voyages.
Key Provisions
The main operative sections of these Regulations, which amend the Navigation (Wireless Telegraphy) Regulations, focus on the definition of "international voyage" and the normal range of wireless telegraphy transmitters on ships. Section 1 introduces a new definition of "international voyage," clarifying that it refers to a voyage from a port in one country to a port in another country, with at least one of those countries being one to which the Safety Convention applies. Section 2 modifies Regulation 9 concerning the normal range of wireless telegraphy equipment. Specifically, it establishes that the normal range for the main transmitter and emergency (reserve) transmitter on ships less than 1,600 tons gross tonnage, when not engaged on an international voyage, shall be as approved by a wireless telegraphy surveyor if it is difficult to meet the prescribed ranges due to the ship's limited size.
These Regulations impose specific obligations on ship owners and operators regarding the wireless telegraphy equipment on their vessels. They must ensure that their ships are equipped with wireless telegraphy transmitters that meet the defined normal ranges. For ships less than 1,600 tons gross tonnage, these ranges can be adjusted based on the surveyor’s approval if the standard ranges cannot be met due to the ship’s size. Additionally, these Regulations require that ships engaged in international voyages adhere to the specified normal ranges for their wireless telegraphy transmitters, ensuring consistent communication capabilities across international waters.
Breaches of these Regulations can result in various consequences. While the specific penalties are not detailed in the provided text, typically, non-compliance with maritime regulations can lead to civil or criminal penalties under the overarching Navigation Act 1912-1935. This might include fines, detention of the vessel, or other enforcement actions. The exact penalties would depend on the severity of the breach and any additional provisions outlined in the primary Act or subsequent amendments.