Marine Order 63, issue 1 (Cth)

Marine Order 63, issue 1 (AUSREP)

This compilation was prepared on 25 June 2012 taking into account amendments up to Marine Orders Part 63 Amendment 2012 (No. 1)

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

1AName of Order............................................................................................... 3

1Purpose and power........................................................................................ 3

2Definitions..................................................................................................... 4

4Application.................................................................................................... 4

5Prescribed matters......................................................................................... 5

6Obligation to report........................................................................................ 5

Schedule 1  AUSREP reporting requirements...................................................... 6

Schedule 2  AUSREP area................................................................................ 12

1A       Name of Order

This Order is Marine Order 63, issue 1.

1. Purpose and power

1.1       Purpose

1.1.1     Consistent with Regulation 11 of Chapter V of SOLAS and Chapter 5 of the Annex to the International Convention on Maritime Search and Rescue, 1979, the objects of Division 14 of Part IV of the Navigation Act include the making of provisions with respect to the reporting of the movement or intended movement of ships so as to enable Australia:

(a)   to exercise rights conferred, or carry out the duties imposed, on Australia under customary international law or as a contracting party under international treaties that provide for:

(i)  coast watching; and

(ii)  the rescue of persons in distress at sea; and

(iii)  the prevention, minimisation or reduction of pollution of the sea by ships or by activities associated with ships; and

(iv)  the safety of ships; and

(v)  the safeguarding of ships against any unlawful interference with maritime transport; and

(vi)  any other matter in respect of which a right is conferred, or a duty imposed, on Australia; and

(b)   to establish reporting requirements for Australian ships.

1.1.2     This Order contributes to these objects by establishing a system for the reporting of the movement or intended movement of ships in, or in the process of entering or leaving, the AUSREP area.

1.2       Power

1.2.1     Section 269D of the Navigation Act provides that the regulations may make provision for, and in relation to, the reporting requirements:

(a)   of all ships (other than Australian ships) that are in, or in the process of entering or leaving, the prescribed area in relation to a reporting matter; and

(b)   of all Australian ships wherever located.

1.2.2     Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters requiring or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

1.2.3     Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.

1. Definitions

In this Order:

AIS means the automatic identification system required by Regulation 19.2.4 of Chapter V of SOLAS to be fitted on a ship.

AUSREP means the Australian Ship Reporting System established by this Order.

AUSREP area means the area mentioned in Schedule 2.

HF DSC means AMSA’s high frequency digital selective calling maritime radio network.

Inmarsat-C means the two-way data satellite communication system known as Inmarsat-C.

RCC Australia means the Rescue Coordination Centre, located in Canberra, responsible for coordinating search and rescue across the Australian search and rescue region (SRR).

REEFREP means the mandatory ship reporting system established by IMO Resolution MSC.52(66), as amended by Resolutions MSC.161(78) and MSC.315(88) and given effect by Marine Orders Part 56 (REEFREP).

REEFVTS means the navigational service known as the Great Barrier Reef and Torres Strait Vessel Traffic Service operated jointly by AMSA and Maritime Safety Queensland.

Note 1   Some terms used in this Order are defined or explained in Marine Order 1 (Administration) including:

·     IMO

·     Navigation Act

·     penal provision

·     SOLAS.

Note 2   For information on obtaining copies of IMO documents mentioned in this Order — see AMSA’s website at These documents may also be purchased from the IMO — see the IMO website at 3   For guidance about AUSREP procedures — see the AUSREP booklet published by AMSA. The booklet includes a description of the ship reporting arrangements mentioned in this Order and is available on AMSA’s website at type="1">

Application

This Order applies to the following ships while in the AUSREP area:

(a)   an Australian ship;

(b)   a ship (other than an Australian ship) from its arrival at its first port in Australia until its departure from its final port in Australia.

Note 1   For Division 14 of Part IV of the Navigation Act, an ‘Australian ship’ is defined, in section 269B of the Act, to mean a ship to which Part II of the Navigation Act applies.

Note 2   The AUSREP system is designed to assist AMSA carry out its functions in a search and rescue situation.  For this reason, all commercial ships are encouraged to participate in it whenever they are in the AUSREP area, even when it is not mandatory for them to do so.

1. Prescribed matters

For the purposes of the definition of prescribed area in section 269B of the Navigation Act, the prescribed area is the AUSREP area.

1. Obligation to report

6.1     The master of a ship that is in the AUSREP area must make, or arrange to be made, the following reports to RCC Australia:

(a)   a Sailing Plan under clause 1 of Schedule 1;

(b)   Position Reports under clause 2 of Schedule 1;

(c)   if required under clause 3.1 of Schedule 1 — a Deviation Report under clause 3 of Schedule 1;

(d)   a Final Report under clause 4 of Schedule 1.

This is a penal provision.

Note   RCC Australia may be contacted as follows:

(a)     telephone: [phone];

(b)     freecall: 1800 641 792 (within Australia);

(c)     Inmarsat-C;

(d)     fax: [phone];

(e)     AFTN: YSARYCYX;

(f)      email: [email protected].

See the AUSREP booklet for further information.  The AUSREP booklet is available on AMSA’s website at 6.2     However, a master of a ship reporting to REEFVTS under Marine Orders Part 56 (REEFREP) is not required to report under this Order while the ship is in the REEFREP area.

6.3     A report is to be made:

(a)   in English using the IMO Standard Marine Communication Phrases; and

(b)   using the transmission method mentioned in Schedule 1 for the report.

Note  For further information about the IMO Standard Marine Communication Phrases — see IMO Resolution A.918(22).

Schedule 1    AUSREP reporting requirements

(subsection 6.1)

1          Sailing Plan

1.1       When Sailing Plan must be submitted

1.1.1     A Sailing Plan must be submitted in respect of an Australian ship:

(a)   no earlier than 24 hours before; and

(b)   no later than 2 hours after;

the ship:

(c)   enters the AUSREP area; or

(d)   departs from a port within the AUSREP area.

1.1.2     A Sailing Plan must be submitted in respect of a ship (other than an Australian ship):

(a)   no earlier than 24 hours before; and

(b)   no later than 2 hours after;

the ship departs from a port within the AUSREP area.

1.1.3     If the ship in respect of which a Sailing Plan has been submitted enters the AUSREP area or departs from a port within the AUSREP area more than 2 hours after the time specified in the Sailing Plan, the Sailing Plan is deemed to be cancelled.

1.1.4     A new Sailing Plan must be submitted in respect of a ship:

(a)   if the Sailing Plan previously submitted is deemed to be cancelled under 1.1.3; or

(b)   if information contained in the Sailing Plan previously submitted is no longer valid.

1.2How Sailing Plan is to be submitted

1.2.1     Subject to 1.2.2, the master of a ship must submit a Sailing Plan using Inmarsat‑C, whether at sea or in port.

1.2.2     If communication is not possible using Inmarsat-C, the Sailing Plan must be submitted electronically by email or HF DSC.

1.3       Information to be provided in Sailing Plan

1.3     A Sailing Plan must:

(a)   insert the code ‘AUSREP/SP//’ in the first line of text; and

(b)   using the message format field identifier mentioned in column 2 of items 1 to 9 of the following table, set out the information mentioned in column 3 of those items in the order mentioned in the table; and

(c)   using the message format field identifier mentioned in column 2 of items 10 to 14 of the following table, set out the information mentioned in column 3 of whichever of those items is applicable to the Plan in the order mentioned in the table.

Column 1 Item	Column 2 Message format field identifier	Column 3 Information to be given in the Sailing Plan
1	A	Ship name, call sign and IMO number
2	F	Speed
3	H	Date and time (in UTC) and point of joining the AUSREP system (being either the latitude and longitude of the point at which the ship enters the AUSREP area, or the Australian port of departure)
4	K	Date and time (in UTC) and point of departure from the AUSREP system (being either the latitude and longitude of the point at which the ship departs the AUSREP area, or the Australian port of arrival)
5	L	Route information
6	M	Details of communication arrangements
7	N	If no reports are to be sent by the master in respect of the outbound voyage of a ship (other than an Australian ship), the code ‘NOREP’ is to be inserted
8	U	Details of the ship’s: type; length (in metres); and gross tonnage
9	V	Medical personnel aboard
10	G	Name of last non-Australian port of call visited by the ship
11	I	Name of the next non-Australian port of destination and the estimated time of arrival at that port
12	Q	Details of any defect, damage, breakdown, failure or other limitation that affects the safety of the ship, including any AIS malfunction
13	R	Details of the type of pollution lost overboard (if any), for example oil or chemicals Details of any pollution sighted during voyage (if any)
14	X	Other remarks

Note   Each of the message format field identifiers uses the reporting formats found in the ‘General Principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO Resolution MEPC.138 (53).

2          Position Reports

2.1       How Position Reports are to be transmitted

Position Reports must be transmitted by AIS.

2.2       Information to be included in Position Reports transmitted by AIS

The master of a ship to which Regulation 19.2.4 of Chapter V of SOLAS applies must ensure the ship is fitted with AIS to transmit the following information about the ship:

(a)   identity;

(b)   type;

(c)   position;

(d)   course;

(e)   speed;

(f)    navigational status;

(g)   any safety related information.

Note:     ]Regulation 19.2.4 of  Chapter V of SOLAS requires AIS to provide this information.

2.3       Fitting and operation of AIS

The master of the ship must ensure that the AIS is operated in accordance with Regulation 19.2.4 of Chapter V of SOLAS.

Note   Regulation 19.2.4 of Chapter V of SOLAS provides that AIS must be operated taking into account the Guidelines for the onboard operational use of shipborne automatic identification systems (AIS) adopted by IMO Resolution A.917(22) as amended by IMO Resolution A.956(23).

2.4       Reporting of any AIS malfunction

The master of a ship must report any malfunction of the ship’s AIS to RCC Australia using 1 of the following methods:

(a)   Inmarsat-C;

(b)   HF DSC;

(c)   email.

Note  The methods of transmission are listed in order of RCC Australia’s preference of receiving a report.

3          Deviation Reports

3.1       When Deviation Reports must be submitted

If a deviation has been made from the course and speed nominated in the Sailing Plan of a ship such that the ship will be more than two hours steaming from a position predicted from the Sailing Plan or last position reported, the master must submit a Deviation Report.

3.2       How Deviation Reports are to be submitted

The master of a ship must submit a Deviation Report using 1 of the following methods:

(a)   Inmarsat-C;

(b)   HF DSC;

(c)   email.

3.3       Information to be provided in Deviation Report

A Deviation Report must:

(a)   insert the code ‘AUSREP/DR//’ in the first line of text; and

(b)   using the message format field identifier mentioned in column 2 of the items 1 to 5 of the following table, set out the information mentioned in column 3 of those items in the order mentioned in the table; and

(c)   using the message format field identifier mentioned in column 2 of items 6 to 12 of the following table, set out the information mentioned in column 3 of whichever of those items is applicable to the Report in order mentioned in the table.

Column 1 Item	Column 2 Message format field identifier	Column 3 Information to be given in the Deviation Report
1	A	Ship name, call sign and IMO number
2	B	Date and time (in UTC) of report
3	C	Position (latitude and longitude)
4	N	Date and time (in UTC) of next report (if Inmarsat-C polling is not being used)
5	X	Reason for deviation
6	E	Course
7	F	Speed
8	J	Details of whether coastal pilotage is or has been used, insert ‘YES’ or ‘NO’. If a coastal pilot is, or has been, used — details of the pilot’s last name and the pilot’s licence number
9	K	Date and time (in UTC) and point of departure from the AUSREP system (being either the latitude and longitude of the point at which the ship departs the AUSREP area, or the Australian port of arrival)
10	L	Route information
11	M	Details of communication arrangements

Note   Each of the message format field identifiers uses the reporting formats found in the ‘General Principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO Resolution MEPC.138 (53).

4          Final Report

4.1       When Final Report must be submitted

4.1.1     A Final Report must be submitted in respect of an Australian ship no later than 2 hours after the ship leaves the AUSREP area or arrives at a port within the AUSREP area.

4.1.2     A Final Report must be submitted in respect of a ship (other than an Australian ship) no later than 2 hours after:

(a)   the ship arrives at an Australian port on a voyage during which AUSREP reports have been submitted in respect of the ship; or

(b)   the ship leaves the AUSREP area on a voyage during which AUSREP reports have been submitted in respect of the ship.

Note   If the master of a ship (other than an Australian ship) chooses not to report during the ship’s outbound voyage, the Sailing Plan will be regarded as the Final Report in respect of the ship if the word ‘NOREP’ is entered at field N.

4.2       How Final Reports are to be submitted

The master of a ship must submit a Final Report using 1 of the following methods:

(a)   Inmarsat-C;

(b)   HF DSC;

(c)   email.

4.3       Information to be provided in Final Report

A Final Report must:

(a)   insert the code ‘AUSREP/FR//’ in the first line of text; and

(b)   using the message format field identifier mentioned in column 2 of items 1 and 2 of the following table, set out the information mentioned in column 3 of those items in the order mentioned in the table; and

(c)   using the message format field identifier mentioned in column 2 of item 3 of the following table, set out the information mentioned in column 3 of that item (if applicable).

Column 1 Item	Column 2 Message format field identifier	Column 3 Information to be given in the Final Report
1	A	Ship name, call sign and IMO number
2	K	Date and time (in UTC) and point of departure from the AUSREP system (being either the latitude and longitude of the point at which the ship departs the AUSREP area, or the Australian port of arrival)

Note   Each of the message format field identifiers uses the reporting formats found in the ‘General Principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO Resolution MEPC.138 (53).

Schedule 2    AUSREP area

The area bounded by an imaginary line commencing at the intersection of the coastline of the Antarctic Continent and the meridian 75° east longitude;

thence along that meridian to its intersection with the parallel 6° south latitude;

thence in a straight line to the intersection of the parallel 2º south latitude and the meridian 78° east longitude;

thence along that parallel to its intersection with the meridian 92° east longitude;

thence in a straight line to the intersection of the parallel 12º south latitude and the meridian 107° east longitude;

thence along that parallel to its intersection with the meridian 123° 20¢ east longitude;

thence in a straight line to the intersection of the parallel 9° 20¢ south latitude and the meridian 126° 50¢east longitude;

thence in a straight line to the intersection of the parallel 7° south latitude and the meridian 135° east longitude;

thence in a straight line to the intersection of the parallel 9° 50¢ south latitude and the meridian 139° 40¢ east longitude;

thence along that parallel to its intersection with the meridian 141° east longitude;

thence in a straight line to the intersection of the parallel 9° 37¢ south latitude and the meridian 141° 01¢ 06" east longitude;

thence in a straight line to the intersection of the parallel 9° 08¢south latitude and the meridian 143° 53¢ east longitude;

thence in a straight line to the intersection of the parallel 9° 24¢ south latitude and the meridian 144° 13¢ east longitude;

thence in a straight line to the intersection of the parallel 12° south latitude and the meridian 144º east longitude;

thence along that parallel to its intersection with the meridian 155° east longitude; thence along that meridian to its intersection with the parallel 14° south latitude;

thence along that parallel to its intersection with the meridian 161° 15¢ east longitude; thence in a straight line to the intersection of the parallel 17° 40¢ south latitude and the meridian 163° east longitude;

thence along that meridian to its intersection with the coastline of the Antarctic Continent;

thence along that coastline to the point of commencement.

Notes to Marine Order 63, issue 1 (AUSREP)

Note 1

Marine Order 63, issue 1 (2006/11) (in force under subsection 425(1AA) of the Navigation Act 1912) as shown in this compilation comprises Marine Order 63, issue 1 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 Orders Part 63, issue 1 (2006/11)	13 September 2006	F2006L03051	6 October 2006
Marine Orders Part 63 Amendment 2008 (2008/11)	27 November 2008	F2008L04382	20 December 2008	–
Marine Orders Part 63 Amendment 2012 (No.1) (2012/5)	22 June 2012	F2012L01304	1 July 2012	–

Table of Amendments

ad. = added or inserted       am. = amended    rep. = repealed      rs. = repealed and substituted

Provision affected	How affected
1A............................................	ad. 2012/5
1...............................................	am. 2008/11; am. 2012/5
3...............................................	rs. 2008/11; rs. 2012/5
4...............................................	rs. 2008/11; am. 2012/5
6...............................................	rs. 2008/11; rs. 2012/5
Schedule 1.............................	am. 2008/11; am 2012/5