Marine Orders Part 19: Tonnage measurement, Issue 4 (Cth)
| MARINE ORDERS Part 19 Tonnage measurement Issue 4
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Table of Contents
1 Purpose of this Part
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Review of decisions
6 Reference to tonnage
7 Measurement
8 Certificates of tonnage
Appendix Form of Australian Tonnage Certificate
Previous issues
Issue 1, Order No 2 of 1982
Issue 2, Order No 3 of 1985
Issue 3, Order No 9 of 1994
1 Purpose of this Part
1.1 Section 405E of the Navigation Act 1912 provides for regulations to make provision for and in relation to giving effect to the Tonnage Measurement Convention.
1.2 Section 405E of the Navigation Act 1912 also provides for regulations to make provision generally for or in relation to the ascertainment of the tonnage of ships.
1.3 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation. This Part of Marine Orders therefore gives effect to the Tonnage Measurement Convention and makes provision generally for or in relation to the ascertainment of the tonnage of ships.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Australian Register of Ships means the register referred to in subsection 56 (1) of the Shipping Registration Act 1981;
Chief Marine Surveyor means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMO means the International Maritime Organization;
MARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
passenger certificate means a passenger certificate or a passenger ship safety certificate issued under the Navigation Act 1912;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[1]
repealed regulations means the Navigation (Tonnage Measurement) Regulations in force on 17 July 1994;
Safety Convention means the Safety Convention as defined in the Navigation Act 1912;
survey authority means a survey authority approved for the purposes of the Navigation Act 1912; [2]
Tonnage Measurement Convention means the Tonnage Measurement Convention as defined in the Navigation Act 1912;
tonnage of a ship, when determined in accordance with this Part, means the gross tonnage and the net tonnage.
[2] The following survey authorities are approved: American Bureau of Shipping; Bureau Veritas; Det Norske Veritas; Germanischer Lloyd; Lloyd's Register of Shipping; and Nippon Kaiji Kyokai.
3 Interpretation
3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Tonnage Measurement Convention.
3.2 In this Part, a reference to the date on which a ship was constructed means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.
3.3 Copies of IMO Resolutions or other documents referred to in this Part are available from AMSA.
3.4 In this Part:
headings and sub-headings are part of the Part;
the Appendix is part of the Part;
a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
This Part applies to and in relation to:
ships that are entitled to fly the Australian flag in accordance with the Shipping Registration Act 1981, being:
- ships to which the Tonnage Measurement Convention applies;[3] or
[3] Ships to which the Tonnage Measurement Convention applies are specified in Articles 3 and 4 of the Convention. Refer to IMO Resolution A.791(19) in relation to the application of the Tonnage Measurement Convention to a ship the keel of which was laid before 18 July 1982.
- other ships in respect of which application is made for measurement for tonnage in accordance with this Part; and
ships to which section 405H of the Navigation Act applies; and
ships to which section 405N of the Navigation Act applies.
5 Review of decisions
5.1 Internal review
5.1.1 If the Chief Marine Surveyor makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.[4]
[4] Section 377K of the Navigation Act 1912 provides for the review of decisions relating to issue etc. of tonnage certificates.
5.1.2 An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable that officer to make a proper decision.
5.1.3 The General Manager may:
affirm the original decision by the Chief Marine Surveyor or the Manager; or
make any decision that could be made by the Chief Marine Surveyor or the Manager in accordance with this Part.
5.2 Review by the AAT
5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 5.1.3.
5.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.
5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.
6 Reference to tonnage
6.1 Except as provided in 6.2, 6.3 and 6.4, a reference to the tonnage of a ship in:
(a) the Navigation Act 1912; or
(b) a regulation made under the Navigation Act 1912; or
(c) a Part of Marine Orders; or
(d) an international Convention or agreement to which Australia is a party; or
(e) any prescribed document, form or certificate relating to an Australian registered ship,
is a reference to the tonnage of the ship as measured in accordance with the Tonnage Measurement Convention, taking account of the agreed interpretations of that Convention contained in IMO Circular TM.5/Circ.5.
6.2 Tonnage measured in accordance with the repealed regulations may be used in certain circumstances, namely:
(a) in respect of a ship constructed before 18 July 1982, to determine the application to the ship of provisions of international Conventions;
(b) in respect of a ship constructed before 1 January 1986, to determine the application to the ship of provisions of the Safety Convention;
(c) in respect of a ship constructed before 18 July 1994, to determine the application to the ship of Regulation 3 of Chapter IV of the Safety Convention as in force prior to 1 February 1992;
(d) in respect of a ship constructed before 18 July 1994, to determine the application to the ship of provisions of MARPOL.
6.3 The Chief Marine Surveyor may determine, or approve methods for determining, the tonnage of:
(a) novel types of craft under Regulation 1 (3) of the Tonnage Measurement Convention; and
(b) ships to which the Tonnage Measurement Convention does not apply.
6.4 At the request of the owner, a ship may be additionally measured for special tonnages to meet the requirements of either or both of the Panama Canal and Suez Canal authorities.
7 Measurement
7.1 Application for measurement
An application for tonnage measurement of a ship should be made to a survey authority.[5]
[5] The tonnage measurement function has in the main been delegated to survey authorities. In case of difficulty, the advice of the Chief Marine Surveyor may be sought.
7.2 Change in tonnage
7.2.1 When a ship is altered in respect of the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate, assigned load line or permitted draught, resulting in an increase in the ship's tonnage, the owner or agent of the ship must, within 14 days of the completion of those alterations, send to the relevant survey authority details of the alterations and apply for remeasurement of the ship in accordance with this Part.
This is a penal provision
7.2.2 When a characteristic of a ship is altered or when the assigned load line is altered due to the change of trade in which the ship is engaged, resulting in a decrease in its net tonnage, a new tonnage measurement certificate in respect of the decrease in the net tonnage must not be issued until 12 months have elapsed from the date of issue of the ship's current certificate.
7.2.3 The owner of a ship must, as soon as practicable, provide to the Chief Marine Surveyor details of any changes to the tonnage of the ship.
This is a penal provision
8 Certificates of tonnage
8.1 Australian Tonnage Certificate
An Australian Tonnage Certificate issued under subparagraph 405F (a)(ii) or paragraph 405F (b) of the Navigation Act 1912 is to be in accordance with the form in the Appendix.[6]
[6] Subparagraph 405F (a)(i) of the Navigation Act 1912 provides for the issue of an International Tonnage Certificate (1969) to a ship to which the Tonnage Measurement Convention applies or would apply if the ship were engaged on international voyages. The form of the International Tonnage Certificate (1969) is set out in Annex II to the Tonnage Measurement Convention.
8.2 Termination of validity
8.2.1 If a ship in respect of which an International Tonnage Certificate (1969) has been issued under subparagraph 405F (a)(i) of the Navigation Act 1912 is transferred to the register of another country, not being a country to which the Tonnage Measurement Convention applies, that certificate ceases to be valid on and from the date of that transfer.
8.2.2 If a ship in respect of which an International Tonnage Certificate (1969) has been issued under subparagraph 405F (a)(i) of the Navigation Act 1912 is transferred to the register of another Tonnage Measurement Convention country, that certificate remains in force for a period not exceeding 3 months from the date of transfer, or until the earlier issue by that country of an International Tonnage Certificate (1969).
8.2.3 If a ship in respect of which there is in force an International Tonnage Certificate (1969) transfers to the Australian Register of Ships, that certificate remains in force for a period not exceeding 3 months from the date of transfer, or until the earlier issue of an International Tonnage Certificate (1969) under subparagraph 405F (a)(i) of the Navigation Act 1912.
8.2.4 If a ship in respect of which an Australian Tonnage Certificate has been issued under subparagraph 405F (a)(ii) or paragraph 405F (b) of the Navigation Act 1912 is transferred to the register of another country, that certificate ceases to be valid on and from the date of that transfer.
8.2.5 An International Tonnage Certificate (1969) or an Australian Tonnage Certificate issued in respect of a ship referred to in 7.2.1 ceases to be valid:
(a) upon issue of a new International Tonnage Certificate (1969) or Australian Tonnage Certificate following remeasurement of the tonnage of the ship; or
(b) upon failure of the owner of the ship to comply with 7.2.1,
as appropriate.
8.3 Cancellation of certificate
When a certificate referred to in 8.2 ceases to be valid, such certificate is deemed to be cancelled.[7]
[7] Paragraph 405G (4)(b) of the Navigation Act 1912 provides that AMSA may require the owner or master to deliver up a cancelled certificate and that the ship may be detained until that requirement is complied with.
* * * * * *
Appendix
Form of Australian Tonnage Certificate
Issued by …………………………………………………………….
(Authorised survey authority)
on behalf of the
AUSTRALIAN MARITIME SAFETY AUTHORITY
Marine Orders, Part 19 (Tonnage Measurement)
AUSTRALIAN TONNAGE CERTIFICATE
| Name of ship | Official Number and IMO Number | Port of Registry | *Date |
*Date on which the keel was laid or the ship was at a similar stage of construction or date on which the ship underwent alterations or modifications of a major character, as appropriate.
MAIN DIMENSIONS
| Length | Breadth | Moulded depth amidships to upper deck |
THE TONNAGES OF THE SHIP ARE:
GROSS TONNAGE ............................................................................................
NET TONNAGE ..................................................................................................
This is to certify that the tonnages of this ship have been determined in accordance with the provisions of Marine Orders, Part 19 (Tonnage Measurement).
| Issued at ....................................................………. | ..........................................................19........ ...................................................................... |
| SPACES INCLUDED IN TONNAGE | |||||
| GROSS TONNAGE | NET TONNAGE | ||||
| Name of space | Location | Length | Name of space | Location | Length |
| Underdeck | |||||
| NUMBER OF PASSENGERS Number of passengers in cabins | |||||
| Number of other passengers ........................ | |||||
| EXCLUDED SPACES | |||||
| An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded spaces. | MOULDED DRAUGHT | ||||
| Date and place of original measurement ............................................................................... | |||||
| Date and place of last previous measurement ...................................................................... | |||||
REMARKS: | |||||
(a) if the offender is a natural person - a fine not exceeding 20 penalty points; or
(b) if the offender is a body corporate - a fine not exceeding 50 penalty points.
By virtue of section 4AA of the Crimes Act 1914, a penalty point is equivalent to $110.
An International Tonnage Certificate (1969) issued in respect of a ship constructed or adapted for the carriage of oil in bulk will be marked, if appropriate, to indicate the total tonnage of segregated ballast tanks.
On request, AMSA will mark an International Tonnage Certificate (1969) issued in respect of an open-top container ship with the reduced gross tonnage obtained by applying the formula set out in IMO Circular TM.5/Circ.4. A copy of that Circular is obtainable from the Chief Marine Surveyor.
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