W.A. Marine (Adjustment of Compasses) Regulations 1983

The regulations operate through a small set of defined, interacting concepts. The starting point is application: they apply to vessels and voyages covered by the parent Act (r 3). The core safety control is the compass adjustment requirement: a vessel’s magnetic compass must be adjusted and accompanied by a deviation card furnished by a “licensed adjuster” at specified trigger points (r 4(1A), r 4(3)). A “licensed adjuster” is either a licence-holder under regulation 5 or, for vessels not exceeding 35 metres, also may include persons recognised under Commonwealth Marine Orders Part 21 (r 4(1)(b)(ii)). The Code, used for defining maximum intervals and “new vessel” status, is the Uniform Shipping Laws Code as it stood on 1 October 2009 (r 4(1)).

Licensing and certification are separated into two linked concepts: licence as an adjuster (regulation 5) and certificate of competency (regulation 6). The chief executive officer grants licences to competent persons (r 5(1)), and competence is demonstrated by holding a certificate of competency (r 5(3)-(4)). The regulations set out streamlined certificate issuance pathways: automatic recognition without further examination for holders of particular Commonwealth qualifications under the Navigation Act 1912 or recognised licences, and an automatic pathway for applicants who have recently completed an approved course at the Australian Maritime College, subject to a $10 fee (r 6(1)-(2)). The regulations therefore operationalise competence through recognition of existing Commonwealth credentials and an approved training course.

Regulatory discretion is concentrated in the chief executive officer. The CEO approves the deviation card form (r 4(2a)); may exempt or defer required adjustments where no detriment to safety is found (r 4(2)); issues licences and certificates (r 5, r 6); and determines when a compass is unsatisfactory or when repairs likely affect compass accuracy (r 4(3)). The conflict-of-interest restriction requires licensed adjusters not to adjust compasses or furnish deviation cards for vessels they command (r 7).

Enforcement is straightforward and narrow: the owner or master must not send, take, or permit a vessel to begin a voyage unless the compass has been adjusted and a deviation card furnished in accordance with the regulations; contravention attracts a $1,000 penalty (r 8). There is no express inspector power or detailed enforcement framework in the text provided; enforcement mechanisms beyond the s 8 offence are not laid out in the instrument itself.

The regulations also incorporate temporal and cross-jurisdictional references: the definition of “Code” fixes the version of the Uniform Shipping Laws Code as of 1 October 2009 (r 4(1)); reference to Amendment List 7 to that Code defines the special four-year interval for certain “new vessels” (r 4(1A)(b)(i)); and recognition of Commonwealth qualifications and Marine Orders establishes cross-recognition for competence and service provision for smaller vessels (r 6(1), r 4(1)(b)(ii)).

The primary legal subjects are owners and masters of vessels to which the parent Marine Act applies, licensed compass adjusters and applicants for such licences, and the chief executive officer as regulator (r 3, r 5, r 6, r 4(2)). Owners and masters are the parties with the duty to ensure compliance: they must not commence or permit voyages unless the vessel’s compass has been adjusted and a deviation card furnished; contravention is a statutory offence with a monetary penalty (r 8). Practically, owners pay for compass adjustment services and for obtaining and maintaining the necessary documentation to demonstrate compliance; the regulations do not fix the commercial price for adjustment services, but they do prescribe the $10 administrative fee for issuance of certificates of competency in the circumstances set out (r 6(1)-(2)).

Licensed adjusters are regulated incumbents who perform compass adjustments and furnish deviation cards. To hold a licence an individual must be competent, which the regulations equate with holding a certificate of competency (r 5(3)-(4)). For vessels not exceeding 35 metres in length, the class of persons who may act as licensed adjusters is wider: they may be holders of a restricted licence issued under regulation 5, or persons who are licensed compass adjusters under Commonwealth Marine Orders Part 21 (r 4(1)(b)(i)-(ii)). This creates cross-jurisdictional recognition that affects adjusters operating on smaller vessels, enabling Commonwealth-certified adjusters to operate in Western Australian waters for vessels ≤35m without necessarily holding a separate State-issued licence.

The chief executive officer is the decision-maker on licensing, approval of deviation card form, and exemptions/deferrals (r 5(1), r 4(2a), r 4(2)). That office also issues certificates of competency without further examination where national or Commonwealth qualifications exist, and approves specific training course recognition for restricted certificates (r 6(1)-(2)). The CEO also has evaluative authority to determine when repairs or alterations are likely to affect compass accuracy, and whether a compass is unsatisfactory (r 4(3)(a), (c)). That positions the chief executive officer as the gatekeeper controlling who may perform adjustments and providing administrative discretions that affect operational compliance.

Other affected parties include training bodies and credential issuers: the Australian Maritime College at Launceston is the only training provider expressly referenced for the restricted certificate pathway, with a timing condition (course completion not more than 12 months before application) (r 6(2)). Relevant Commonwealth authorities and instruments,specifically the Navigation Act 1912 certificates and Marine Orders Part 21,are also implicated, because their credentials are accepted without further examination for State certification (r 6(1), r 4(1)(b)(ii)). Finally, surveyors and survey offices issuing initial certificates of survey are indirectly affected because an initial compass adjustment is required before such a certificate is issued (r 4(1A)(a)).

Concentrated benefits and burdens are identifiable from the text. Licensed adjusters (a small, defined group) receive the exclusive authority to perform adjustments; owners and masters (a larger, diffuse group) bear the ongoing compliance and service procurement costs. The $1,000 penalty is directed at owners or masters, not at adjusters, which focuses enforcement on vessel operators rather than service providers (r 8).

Duties

• Owners and masters: Ensure the compass of a vessel is adjusted and a deviation card furnished in accordance with the regulations before sending, taking or permitting a voyage to begin. Breach is an offence liable to a penalty of $1,000 (r 8). The duty operates at initial survey and recurring intervals (r 4(1A)(a)-(b)) and also after certain events (r 4(3)).

• Licensed adjusters: Only perform compass adjustments and furnish deviation cards if properly licensed; they must not adjust the compass of a vessel of which they are the master or furnish a deviation card for such a vessel (r 7). The text implies that licensed adjusters are expected to use the deviation card form approved by the chief executive officer (r 4(2a)).

• Applicants for licences/certificates: Satisfy competency requirements by holding a certificate of competency as compass adjuster or restricted certificate for vessels not exceeding 35 metres (r 5(3)-(4)). For certain applicants, pay the prescribed fee and provide evidence of recognised Commonwealth qualifications or recent completion of an approved course (r 6(1)-(2)).

Rights and administrative entitlements

• Recognition without further examination: Holders of specified Commonwealth qualifications (e.g. certificates under the Navigation Act 1912) and holders of compass adjuster licences recognized under that Act are entitled to receive a certificate of competency from the chief executive officer without further examination, on payment of $10 (r 6(1)(a)-(b)). Similarly, applicants who have completed the Australian Maritime College restricted course within the previous 12 months are entitled to a restricted certificate on payment of $10 (r 6(2)).

• Exemption discretion: The chief executive officer has the power to exempt a vessel from compass adjustment or defer an adjustment where satisfied that no detriment to safety will result, and to determine the period of exemption (r 4(2)). This is an administrative right held by the regulator that vessel operators may seek.

• Approved deviation card: Deviation cards must be in a form approved by the chief executive officer (r 4(2a)), creating a standardised document that licence-holders and vessel operators must use.

Procedural and practical duties implicit in the regulatory text

• Timing duties: A compass must be adjusted before the issuance of an initial certificate of survey (r 4(1A)(a)) and thereafter at prescribed intervals (r 4(1A)(b)). This creates a scheduling duty for owners to plan adjustments in sync with surveys and prescribed intervals.

• Event-driven duties: Owners must obtain adjustments after substantial repairs or alterations likely to affect compass accuracy, on first operation from an Australian port, or when the chief executive officer finds the compass unsatisfactory (r 4(3)). These are reactive duties that require monitoring of vessel condition and administrative correspondence with the regulator.

Limitations and prohibitions

• Conflict of interest prohibition: A licensed adjuster is forbidden from adjusting the compass of a vessel of which he is the master, or from furnishing a deviation card for such a vessel (r 7). The obligation aims to separate the service function from ship-command to avoid self-certification.

• Licensing constraint: Only persons licensed under regulation 5, or certain Commonwealth-recognised persons for small vessels, are permitted to perform adjustments and furnish deviation cards (r 4(1), r 5). This constrains who can lawfully perform the activity and creates exclusivity.

Enforcement duty

• The duty to enforce and administer these rights and obligations rests with the chief executive officer, who issues licences and certificates, approves deviation card forms, and may grant exemptions (r 5, r 6, r 4(2a), r 4(2)). The specific enforcement mechanisms beyond the offence in r 8 are not articulated in the text provided.

The instrument contains a single, specific penal provision that targets the owner or master of a vessel. Regulation 8 states that the owner or master shall not send or take the vessel on a voyage or permit it to begin a voyage unless the compass has been adjusted and a deviation card furnished in accordance with the regulations. The prescribed penalty is $1,000 (r 8). The regulation frames the offence in terms of action or permission to act by the owner or master; it does not specify separate criminal or administrative sanctions directed at licensed adjusters for failing to perform adjustments, nor does it set a fine or disciplinary regime for adjusters in the text given.

Enforcement mechanics beyond the monetary penalty are not set out in this instrument. The text does not specify inspection powers, infringement notices, suspension or cancellation processes for licences, or prosecution pathways. Instead, enforcement appears to rely on the primary offence provision and the administrative controls of the chief executive officer, who issues licences, approves deviation card forms and may determine whether a compass is unsatisfactory or whether an exemption should be granted (r 4(2), r 4(2a), r 4(3), r 5, r 6). This concentrates enforcement decisions and discretion in the chief executive officer’s office, which can influence compliance by controlling access to licences and certificates.

The legislation provides for recognition of Commonwealth qualifications and licences for certification without further examination (r 6(1)), which may reduce administrative disputes over competency in enforcement settings: a person holding an accepted Commonwealth qualification is automatically eligible for a State certificate of competency on payment of $10. For vessels not exceeding 35 metres, the regulations explicitly allow persons who are licensed compass adjusters under Marine Orders Part 21 (Commonwealth) to act as a licensed adjuster (r 4(1)(b)(ii)). This cross-recognition could affect enforcement by allowing a broader pool of recognised adjusters, particularly in coastal or smaller-vessel contexts.

The chief executive officer’s discretion to exempt or defer adjustments (r 4(2)) creates a form of administrative control that can mitigate enforcement action for those granted exemptions. However, it also introduces enforcement uncertainty: decisions whether to prosecute under r 8 may depend on whether an exemption was granted, and the regulations do not specify appeal or review mechanisms for decisions of the chief executive officer.

Procedural practicalities implied by the text affecting enforcement

• Evidence of compliance will likely be the deviation card in the approved form (r 4(2a)) and the records of licensed adjusters. Licensed adjusters furnish deviation cards; owners and masters must retain them to show compliance. The form approval power centralises the evidentiary basis for compliance in the hands of the chief executive officer.

• The penalty amount is a fixed sum; the text does not provide for scaling by vessel size, repeated breaches, or alternative sanctions such as licence cancellation. Enforcement therefore rests on a one-tier monetary sanction for the specific forbidden conduct in r 8.

• The prohibition on self-adjustment by a master who is also a licensed adjuster (r 7) reduces the risk that enforcement will be frustrated by self-issued deviation cards, although it does not create sanctions for misreporting by adjusters; enforcement actions for fraudulent documentation would need to be pursued under other laws or provisions of the parent Act.

The regulations explicitly reference and create points of interaction with several external instruments and the parent Act. Application is keyed to “vessels and voyages to which the Act applies” (r 3), so the scope of these regulations is coterminous with the scope set in the Western Australian Marine Act 1982. The Uniform Shipping Laws Code is referenced as the Code for the purposes of defining certain intervals and the “new vessel” category; “Code” is the Uniform Shipping Laws Code as in existence on 1 October 2009 (r 4(1)). The four-year versus three-year periodicity distinction for compass adjustments depends on the “new vessel” definition in Amendment List 7 to the Code as adopted on 7 November 2008 (r 4(1A)(b)(i)-(ii)), thereby importing an external technical classification into the State regulatory timetable.

Commonwealth instruments and regimes are likewise incorporated by reference for competency recognition and service provision. Regulation 6(1) provides that a certificate of competency as compass adjuster shall be issued without further examination and on payment of $10 to holders of certificates of competency as extra master, Class I or equivalent, issued or recognised under the Navigation Act 1912 of the Commonwealth, and to holders of a licence as a compass adjuster issued or recognised under the Navigation Act 1912 (r 6(1)(a)-(b)). For vessels not exceeding 35 metres, the definition of “licensed adjuster” explicitly includes a person who is a licensed compass adjuster as defined in Marine Orders Part 21 (Commonwealth) (r 4(1)(b)(ii)). These provisions establish a statutory bridge whereby Commonwealth qualifications and licences are accepted for State purposes without further State examination.

The regulations therefore create a hybrid compliance regime: State procedural controls (licensing, deviation card approval, exemptions) coexist with Commonwealth-recognised qualifications and certificates. That raises practical coordination matters: competence and licensing categories determined at Commonwealth level determine eligibility under State rules for certain applicants and service providers. The reliance on particular historical versions of the Uniform Shipping Laws Code (as at 1 October 2009) and on Amendment List 7 as adopted on 7 November 2008 fixes the interpretive reference points; subsequent amendments to those Commonwealth instruments are not reflected unless the State regulations are re-amended, which may produce divergence between State periodicity requirements and more recent Code updates.

The compilation table and amendment history show multiple changes to regulation 4 and other parts over time, including amendments in 1983, 1985, 1987, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996 and 2009. Those amendments are recorded in the compilation table but the substance as currently set is what governs (Notes and compilation table). The repeal entry for regulation 9 is omitted under s 7(4)(f) of the Reprints Act 1984, indicating editorial processes in the reprint rather than substantive repeal of other provisions (r 9 note).

There is also reference to the Navigation Act 1912 (Commonwealth) and Marine Orders for competency recognition and service provision; those references mean operators and adjusters need to be aware of both State and Commonwealth credentialing regimes. The regulations make no explicit provision about conflicts of law, enforcement cooperation or administrative cross-delegation, so the mechanics of inter-jurisdictional enforcement would arise through administrative practice and the parent Act’s enforcement framework rather than specific provisions within these regulations.

The regulations commenced on 1 July 1983 (r 2). The compiled instrument lists a sequence of amendments that have altered regulation 4 and other provisions over time. The compilation table included in the text identifies the following amendment instruments and dates (selected highlights drawn from the compilation table in the source):

• W.A. Marine (Adjustment of Compasses) Amendment Regulations 1983, gazetted 5 Aug 1983.
• Amendment Regulations 1985, gazetted 30 Aug 1985, commenced 2 Sept 1985.
• Amendment Regulations 1987, gazetted 16 Oct 1987.
• Amendment Regulations (No. 2) 1989, gazetted 30 June 1989, commenced 1 July 1989.
• Amendment Regulations 1990, 1991, 1992, 1993, 1994, 1995, 1996, each recorded with gazettal dates and commencement particulars in the compilation table.
• W.A. Marine Amendment Regulations 2009 Pt. 2, gazetted 11 Dec 2009, commenced 12 Dec 2009 (see r 2(b)).

The notes specify that regulation 4(2)(b) was repealed in Gazette 15 February 1991 p.702. Regulation 5 and 6 also show amendment entries, with r 5 amended on 11 Aug 1992 and 11 Dec 2009, and r 6 amended on 11 Aug 1992. Regulation 7 was amended 11 Dec 2009. Regulation 4 includes an explicit list of amendments with Gazette dates following its text (r 4 amended: many Gazette entries including 11 Dec 2009 p. 5088‑9).

Regulation 2A was deleted by Gazette 15 February 1991 p.702; the deletion is recorded inline in the text. Regulation 5 formerly contained a subregulation (2) that has been deleted; the current text notes that (r 5(2) deleted). Regulation 9 is noted as “Omitted under s. 7(4)(f) of the Reprints Act 1984,” indicating an editorial omission in the reprint rather than necessarily a substantive repeal of other provisions.

Important substance introduced by amendments, as set out in the statutory text provided, includes:

• The present periodic timetable (initial adjustment before initial certificate of survey; thereafter 3-year or 4-year intervals depending on a “new vessel” classification tied to Amendment List 7 to the Code as adopted 7 Nov 2008) appears in the current regulation 4(1A). The compilation entry includes 11 Dec 2009 as an amendment point, so the 2009 amendment likely updated filing to incorporate the Code reference as at 1 Oct 2009. The text of the regulations as reproduced reflects those amendments.

• Cross-recognition and the restricted licensing pathway for vessels not exceeding 35 metres, and the inclusion of Marine Orders Part 21 (Commonwealth) persons for small vessels, are present in the current r 4(1)(b)(ii) and r 5(4).

• The certificate-of-competency pathways (recognition of Commonwealth certificates and AMC course pathway) are expressed in r 6 and date from the amendments recorded in the compilation table.

The compilation table also records a reprint as at 18 June 1999 that included amendments up to that date. The source provides no further detail on the policy rationale in the amendment instruments; only the Gazette dates and reprint information are included in the compilation table.

For practitioners, the amendment history indicates that regulation 4 has been the focus of recurrent change. The present state of the regulations fixes key cross-references by date (Code as at 1 October 2009; Amendment List 7 as adopted 7 November 2008), so attention must be paid to those temporal anchors when interpreting which vessels qualify for the four-year interval and which Code provisions apply.

The provided legislative text does not include any case names, judicial decisions, or references to litigation interpreting the regulations. The instrument itself names no judicial authorities and the compilation notes do not list any reported decisions. Therefore, based strictly on the source text provided, there is no litigation history recorded in this instrument.

Practitioners seeking case law or judicial interpretation will need to search court databases and reported decisions for matters invoking the W.A. Marine (Adjustment of Compasses) Regulations 1983, the parent Western Australian Marine Act 1982, or enforcement actions under r 8, but no such cases are cited or summarised in the legislation as given. Any administrative decisions by the chief executive officer relating to licence issuance, exemptions under r 4(2), or determinations of unsatisfactory compasses under r 4(3) are not recorded in the text and would be discovered only through administrative records or freedom-of-information channels; the statutory text does not provide an internal trail of adjudicative history.

In short, the source text contains no litigation history; absence of such content in the instrument means reliance must be placed on primary statutory language and administrative guidance or external case law research for interpretive or enforcement precedents.

The text contains several practical traps and potential sources of uncertainty for operators, adjusters and regulators. These are concrete mechanics rather than evaluative labels.

• Temporal anchoring to specific external instruments: The “Code” is defined as the Uniform Shipping Laws Code as in existence on 1 October 2009 (r 4(1)). The special four-year interval for certain “new vessels” depends on Amendment List 7 to that Code as adopted on 7 November 2008 (r 4(1A)(b)(i)). Practitioners must therefore consult historical versions of the Uniform Shipping Laws Code and Amendment List 7 as of those dates to determine whether a vessel qualifies for the longer interval. Relying on a current or later version of the Code without checking the 2009 cut-off will risk incorrect application of the four-year periodicity.

• CEO discretion on exemptions and determinations of unsatisfactory compasses: The chief executive officer may exempt or defer adjustments where satisfied there is no detriment to safety (r 4(2)) and has the power to determine whether repairs, alterations, or the compass are likely to affect accuracy or are unsatisfactory (r 4(3)). Those are qualitative judgments exercised by the regulator; operators should expect case-by-case decisions and cannot assume consistent thresholds without administrative guidance.

• Form of deviation card: A deviation card must be “in a form approved by the chief executive officer” (r 4(2a)). The absence of a statutory template in the text implies that the approved form may change; operators must ensure they hold the most recently approved deviation card to demonstrate compliance.

• Limited scope of penalty provision: Regulation 8 targets the owner or master for permitting a voyage without adjustment and a deviation card, but the rules do not set out penalties or disciplinary measures for licensed adjusters who fail to perform adjustments correctly or who produce defective deviation cards. Enforcement avenues against adjusters may therefore be external to these regulations, necessitating recourse to other laws or administrative processes.

• Restricted certificate timing requirement: The restricted certificate pathway via the Australian Maritime College requires completion of the AMC course not more than 12 months before application (r 6(2)). Applicants who completed the course earlier may not qualify for the automatic recognition without further examination, generating timing constraints for training completion relative to intended licencing.

• Self-adjustment prohibition: A licensed adjuster who is also a master cannot adjust the compass of his vessel or furnish a deviation card for it (r 7). This prevents self-certification but may be overlooked by sole-operator masters who are licensed adjusters, exposing owners/masters to the r 8 offence if they permit voyages based on self-issued cards.

• Cross-jurisdictional recognition for small vessels: For vessels not exceeding 35 metres, persons licensed under Commonwealth Marine Orders Part 21 may act as licensed adjusters (r 4(1)(b)(ii)). Operators must confirm that the Commonwealth licence falls within the definition used by the regulations and that the adjuster is eligible under both regimes; misreading the cross-recognition could result in non-compliant adjustments.

• Narrow evidentiary basis in the regulations: The approved deviation card is the principal compliance document referred to; the regulations do not specify ancillary records an owner should retain. In an enforcement scenario, absence of other documentary evidence may create disputes about whether a compass was adjusted appropriately.

• Fixed monetary penalty: The $1,000 penalty (r 8) is a flat amount and may not scale with vessel size or voyage risk. This could lead to enforcement outcomes perceived as disproportionate by some operators; the regulation does not provide alternative remedial sanctions or graduated penalties.

• Repealed or deleted provisions: The text shows deleted subregulations and repealed paragraphs (for example r 2A deleted; r 5(2) deleted; r 4(2)(b) repealed), which means historical guidance or transitional arrangements may no longer be present in the current text. Practitioners referencing older guidance or copies should ensure they consult the consolidated/reprinted version.

Below are practical, source-grounded steps to meet the regulations’ requirements and reduce enforcement risk. Each step ties back to the relevant regulation number.

1. Confirm applicability (r 3)

   • Determine whether the vessel and voyage fall within the scope of the Western Australian Marine Act 1982. The regulations apply only to vessels and voyages to which the parent Act applies (r 3). If in doubt, consult the parent Act to establish coverage.

2. Schedule initial compass adjustment prior to initial certificate of survey (r 4(1A)(a))

   • Before applying for or accepting issuance of an initial certificate of survey, ensure the vessel’s compass is adjusted by a licensed adjuster and that a deviation card is furnished (r 4(1A)(a)).

3. Establish periodic adjustment timetable (r 4(1A)(b))

   • Determine whether the vessel qualifies as a “new vessel” under Amendment List 7 to the Uniform Shipping Laws Code as adopted 7 November 2008: if yes, plan for compass adjustments at intervals not exceeding four years; if not, plan for intervals not exceeding three years (r 4(1A)(b)(i)-(ii)). Consult the Code version captioned in the regulations (Uniform Shipping Laws Code as at 1 October 2009) to make this determination (r 4(1)).

4. Obtain adjustments after trigger events (r 4(3))

   • Arrange recalibration and a new deviation card after repairs or alterations likely to affect compass accuracy, if the vessel has not previously operated from a port in Australia, or where the chief executive officer indicates the compass is unsatisfactory (r 4(3)(a)-(c)).

5. Use only licensed adjusters (r 4(1), r 5, r 6)

   • Engage a licensed adjuster as defined in regulation 4(1) to perform adjustments. For vessels not exceeding 35 metres, permitted adjusters include those holding a restricted State licence or Australian Commonwealth-licensed compass adjusters under Marine Orders Part 21 (r 4(1)(b)(i)-(ii)).
   • Verify the adjuster’s licence and certificate of competency. Licences are issued by the chief executive officer to competent persons (r 5(1)), and competency is tied to holding a certificate of competency (r 5(3)-(4)).

6. Ensure certificate of competency validity and fee compliance (r 6)

   • If the adjuster holds a Commonwealth certificate of competency (e.g. extra master, Class I or equivalent under the Navigation Act 1912) or a licence recognised under that Act, they are entitled to a State certificate of competency without further examination on payment of $10 (r 6(1)(a)-(b)).
   • For restricted certificates, confirm the adjuster completed the Australian Maritime College’s restricted compass adjuster course within the previous 12 months; the State certificate will be issued without further examination on payment of $10 (r 6(2)).

7. Avoid conflicts of interest (r 7)

   • Do not allow a licensed adjuster who is the vessel’s master to perform the adjustment or furnish the deviation card. If the master is also a licensed adjuster, engage another licensed adjuster to perform the work and provide the deviation card (r 7).

8. Use the approved deviation card form (r 4(2a))

   • Confirm that the deviation card provided is in the form approved by the chief executive officer. Only deviation cards in the approved form constitute compliance under the regulations (r 4(2a)).

9. Seek exemption where appropriate (r 4(2))

   • If you believe an adjustment is unnecessary or can safely be deferred, apply to the chief executive officer for an exemption or deferral, providing the evidence needed for the CEO to be satisfied there will be no detriment to safety. Keep written confirmation of any exemption or deferral period granted by the CEO as a compliance record (r 4(2)).

10. Maintain records and documentary proof

    • Retain the deviation card and related documentation (dates, name and licence number of the adjuster, scope of adjustment). Although the regulations do not list ancillary recordkeeping requirements, the deviation card is the express compliance document; preserve it for inspection and to demonstrate compliance in case of enforcement action under r 8.

11. Address repairs and alterations proactively

    • For planned modifications or repairs that may affect magnetic fields (e.g. changes to superstructure, major steelwork, installation of heavy electrical equipment), schedule a compass adjustment post-works before resuming voyages if the works are likely to affect accuracy (r 4(3)(a)).

12. Confirm cross-jurisdictional adjusters for small vessels

    • If using a Commonwealth-licensed compass adjuster under Marine Orders Part 21 for a vessel ≤35m, verify their Commonwealth licence aligns with the State’s acceptance and obtain a State certificate of competency if the adjuster seeks State recognition under r 6(1) (r 4(1)(b)(ii), r 6(1)).

13. Monitor regulations and Code versions

    • Because the regulations anchor obligations to specific versions of the Uniform Shipping Laws Code (r 4(1)), periodically check whether State amendments have superseded any references or whether the State has updated its rules. Do not rely on later versions of the Code unless the State has expressly adopted them for these regulations.

14. Prepare for enforcement exposure

    • Understand that permitting a voyage to begin without a compliant compass adjustment and deviation card exposes the owner or master to a $1,000 penalty (r 8). Keep the deviation card accessible onboard and during inspections.

Following these steps aligns port operations, surveys and maintenance scheduling with the regulatory triggers in regulations 4, 5, 6 and 7, and reduces the risk of the r 8 offence. Where there is doubt,particularly about whether a vessel is a “new vessel” under the Code or whether an exemption should be sought,seek administrative clarification from the chief executive officer and retain written confirmation of any decision.