Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (COMPASS) REGULATIONS (REPEAL) 1995 NO. 270

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.