Marine Order 502 (Vessel identifiers — national law) 2013 (Cth)
Marine Order 502 (Vessel identifiers — national law) 2013
made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Compilation no. 1
Compilation date: 1 July 2016
This compilation was prepared on 1 July 2016 taking into account amendments up to Marine Order 502 (Vessel identifiers — national law) Amendment 2016 (No. 1).
Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority
1 Name of Order.................................................................................................... 3
3 Purpose.............................................................................................................. 3
4 Power................................................................................................................. 3
5 Definitions.......................................................................................................... 3
6 Application for unique identifier............................................................................ 4
7 Criterion for issue of unique identifier................................................................... 4
8 Display of unique identifier.................................................................................. 4
9 Notification requirements..................................................................................... 4
Name of Order
This Order is Marine Order 502 (Vessel identifiers — national law) 2013.
Purpose
The purpose of this Order is to provide for unique identifiers for domestic commercial vessels.
Note A vessel registered under the Shipping Registration Act 1981 and marked in accordance with that Act is exempt from the requirement to have a unique identifier — see AMSA EX2013/01 on the AMSA website at >
Power
(1) Paragraph 31(1)(b) of the national law provides for the regulations to prescribe criteria for the issue of a unique identifier.
(2) Paragraphs 34(1)(b) and 35(1)(b) provides for the regulations to prescribe the way in which a unique identifier must be displayed.
(2A) Section 75 of the national law provides for the regulations to provide for matters in relation to unique identifiers.
(2B) Subsection 76(1) of the national law provides for the regulations to prescribe specified matters about unique identifiers including the persons who may make applications.
(2C) Paragraph 77(1)(a) of the national law provides for the regulations to set out the criteria to be satisfied for the National Regulator to issue unique identifiers.
(3) Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.
(4) Paragraph 159(3)(c) provides for the regulations to prescribe requirements for the marking of domestic commercial vessels.
(4A) Section 162 of the national law provides that the regulations may prescribe penalties for offences against the regulations.
(5) Subsection 163(1) of the national law provides that the National Regulator may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the section.
Definitions
In this Order:
old unique identifier has the meaning given by subsection 14(1) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.
Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration — national law) 2013, including national law and National Law Act.
Note 2 Other terms used in this Order are defined in the national law, including:
· domestic commercial vessel
· National Regulator
· unique identifier.
Application for unique identifier
(1) For subsection 30(1) of the national law, the person who may apply to the National Regulator for the issue of a unique identifier for a domestic commercial vessel is the owner of the vessel.
(2) The application must be made in accordance with Marine Order 501 (Administration — national law) 2013.
Note A fee may be charged — see National Law Act, s 9.
Criterion for issue of unique identifier
For paragraph 31(1)(b) of the national law, the criterion for issue of a unique identifier for a domestic commercial vessel is that a unique identifier has not been previously issued by the National Regulator for the vessel.
Note 1 An application for the unique identifier must have been made under section 30 of the national law — see paragraph 31(1)(a) of the national law.
Note 2 The National Regulator may issue a unique identifier for a domestic commercial vessel that holds an old unique identifier because an old unique identifier is not issued by the National Regulator but by an agency of a State or the Northern Territory before 1 July 2013 — see definition of old unique identifier.
Display of unique identifier
(1) For paragraphs 34(1)(b) and 35(1)(b) of the national law, a unique identifier must be displayed within 21 days of being issued:
(a) in a prominent place on both sides of the vessel:
(i) using letters and numbers at least:
(A) for a vessel less than 30 m long — 10 cm high;
(B) for a vessel at least 30 m long — 15 cm high; and
(C) for a vessel with insufficient freeboard or topsides to comply with subparagraphs (A) or (B) — 5 cm high; and
(ii) in a colour that contrasts with its background; and
(iii) so that it is clearly readable in clear weather; or
(b) in another way approved in writing by the National Regulator.
(2) The National Regulator may approve another way of displaying a unique identifier if:
(a) the owner provides to the National Regulator:
(i) a written statement explaining why the vessel’s structure prevents compliance with paragraph (1)(a); and
(ii) at least 1 document supporting the statement mentioned in subparagraph (a)(i); and
(b) the owner has applied for approval in writing in the approved form.
Notification requirements
(1) The owner of a vessel for which a unique identifier is issued must tell the National Regulator within 14 days of any of the following events:
(a) transfer of ownership of the vessel;
(b) sinking or scrapping of the vessel;
(c) if the vessel ceases to be a domestic commercial vessel.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
Note If a form is approved for the notification, the approved form must be used and is available on the AMSA website at — see Marine Order 501 (Administration — National Law) 2013.
Notes to Marine Order 502 (Vessel identifiers — national law) 2013
Note 1
Marine Order 502 (Vessel identifiers — national law) 2013 (in force under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law) as shown in this compilation comprises Marine Order 502 (Vessel identifiers — national law) 2013 amended as indicated in the following tables.
Table of Orders
| Year and number | Registration date | FRLI number | Commencement date | Application, saving or transitional provisions |
| Marine Order 502 (Vessel identifiers — national law) 2013 (MO 2013/7) | 27 Jun 2013 | F2013L01172 | 1 July 2013 | – |
| Marine Order 502 (Vessel identifiers — national law) Amendment 2016 (No. 1) (MO 2016/11) | 24 June 2016 | F2016L01074 | 1 July 2016 | – |
Table of amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| 2............................................ | rep. Legislation Act 2003, s. 48D |
| 4............................................ | am. MO 2016/11 |
| 5............................................ | rs. MO 2016/11 |
| 6............................................ | am. MO 2016/11 |
| 7............................................ | rs. MO 2016/11 |
| 8............................................ | rs. MO 2016/11 |
| 9............................................ | rs. MO 2016/11 |
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