Australian Maritime Safety Authority v Livestock Transport and Trading

The Australian Maritime Safety Authority (AMSA) brought proceedings against Livestock Transport and Trading to challenge the validity of certain orders issued by AMSA to the MV Al Messilah, a foreign flagged ship. The central issue was whether AMSA had the authority to enforce compliance with Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL) on foreign ships that do not hold a valid certificate under Annex IV. The primary judge found that AMSA's orders were inconsistent with the legislative scheme outlined in Division 12C of the Protection of the Sea (Powers of Intervention) Act 1981 (Cth) and were therefore invalid. Livestock Trading argued that the enforcement of Annex IV compliance was the sole responsibility of the flag State, and that AMSA's actions exceeded its legislative powers.

The court considered whether Division 12C of the Act empowered AMSA to enforce Annex IV compliance on foreign ships, and if so, to what extent. The court concluded that Division 12C was intended to give effect to Annex IV only to a limited extent, enabling Australia to exercise flag State control over Australian ships and to act as a delegate for other flag States under specific conditions. However, it did not confer authority over the entirety of Annex IV or acts of other flag States concerning ship registration and certification. The court emphasised that, under international law principles, the flag State's law governs matters of a ship's internal discipline, and the port State's legislation only applies when its interests are directly affected. Consequently, the court found that AMSA's orders exceeded its legislative powers and were inconsistent with the statutory scheme.

The court allowed the appeal, set aside the orders made by AMSA, and dismissed the application with costs. This decision underscores the limited scope of AMSA's powers under Division 12C and reinforces the principle that enforcement of Annex IV compliance on foreign ships primarily lies with the flag State.