Explanatory Statement
Marine Order 11 (Living and working conditions on vessels) Amendment 2013 (No. 1) (Order 2013/15)
Authority
- This Order makes a minor amendment to Marine Order 11 (Living and working conditions on vessels) 2013 (MO11). It is made under the same provisions of the Navigation Act 2012 (Navigation Act) as the provisions of MO11 that it affects:
- subsection 61(1) which provides for regulations to be made for the provision of food and drinking water on board vessels
- subsection 65(1) which provides for regulations to be made for the health of seafarers
- section 112 which provides for regulations to be made for the carriage of passengers and for cargo operations
- subsection 339(1) which authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
- subsection 342(1) which allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.
2. This Order was made under subsection 342(1) of the Navigation Act and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
3. This Order corrects a minor drafting error in items [9] and [10] of Schedule 13 to MO11.
Overview
4. MO11 deals with the matters relating to living and working conditions for seafarers on board vessels.
5. The provisions of MO11 dealing with living conditions are expressly applied to foreign vessels. The amendment corrects a cross-reference in the amendments that will commence on 21 August 2013 to ensure that they apply to foreign vessels.
Consultation
6. As this was a minor change with no policy implications, the public consultation period was 1 week. The draft was placed on AMSA’s website and also emailed to industry and other stakeholders. Six comments were received, including 4 ‘no comment’. The 2 comments asked for clarification of the application provision. No changes were considered necessary to the draft instrument.
7. The Office of Best Practice Regulation (OBPR) was consulted on the proposed order. OBPR considered that the regulatory impact of the Order is of a minor or machinery nature and no further analysis in the form of a Regulatory Impact Statement is required (OBPR reference number 2013/15216).
Documents incorporated by reference
8. None.
Commencement
9. This Order commences on 21 August 2013.
Contents of this instrument
10. Section 1 sets out the name of the Order.
11. Section 2 provides for commencement of the Order.
12. Section 3 provides that MO 11 is amended in accordance with Schedule 1.
13. Item [1] of Schedule 1 clarifies that Schedule 13 of MO 1 amends MO 1.
14. Item [2] of Schedule 1 sets out a correction of items [9] and [10] of Schedule 13 to MO11. Schedule 13 amends MO11 on 21 August 2013 to provide for matters to commence when the Maritime Labour Convention comes into effect. After items [9] and [10] were drafted and consultation took place, the application provisions in section 7 of the Order were considered further. Items [9] and [10] were overlooked and were not updated to account for a slightly changed structure of section 7. The substance of item [10] of MO11 is repeated in this Order. The only change is to the surrounding text which is recast to match the current structure of section 7.
Statement of compatibility with human rights
15. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
16. This Order is made under the Navigation Act 2012. It makes only a minor technical correction to Marine Order 11 (Living and working conditions on vessels) 2013, which commenced on 1 July 2013. The amendment reinserts the same text as was inserted by item [10] of Schedule 13 to the Order, but corrects the surrounding text so that it now matches the structure of section 7 of the Order. Section 7, the application provision, was changed slightly after consultation took place, but the amendments in items [9] and [10] were not updated to match the change in the structure of section 7.
Human rights implications
17. This Order does not have any implications for human rights. Human rights issues for Marine Order 11 (Living and working conditions on vessels) 2013 were addressed when that Order was made.
Assessment
18. AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
19. This instrument has been made by the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.