Explanatory Statement
Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No. 1)
(Order 2015/9)
Authority
- The Navigation Act 2012 (the Navigation Act) provides for this Order to be made.
- Subsection 339(1) provides that regulations may be made prescribing matters that are required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
- Subsection 342(1) provides that AMSA may make orders about anything that may or must be made by the regulations.
- Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power in an Act to make a legislative instrument includes the power to repeal or amend the instrument, subject to any conditions that apply to the initial power.
- This Order is a legislative instrument for the Legislative Instruments Act 2003.
Purpose and Overview
6. This Order replaces a reference in subclause 5(a) of Schedule 4 of Marine Order 11 (Living and working conditions on vessels) 2015 (Marine Order 11). Subclause 5(a) should have referenced Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014 and not Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009. The 2014 Order was made while Marine Order 11 was being drafted, and one instance of the repealed 2009 Order was overlooked.
7. This Order also makes consequential amendments to Marine Order 11 resulting from replacing Marine Order 28 (Operations standards and procedures) 2009 with Marine Order 28 (Operations standards and procedures) 2015. It replaces references to Marine Order 28 (Operations standards and procedures) 2009 in sections 28 and 29 of Marine Order 11 with references to Marine Order 28 (Operations standards and procedures) 2015.
8. A copy of the draft of this Order was placed on the AMSA website for public comment from 28 August 2015 to 5 September 2015. No comments were received.
9. The Office of Best Practice Regulation (OBPR) considers that the Order deals with matters of a minor or machinery nature and no regulatory impact statement is required. The OBPR reference number is 16724.
Documents incorporated by reference
10. The following marine orders mentioned in this Order are available from http://comlaw.gov.au:
- Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014
- Marine Order 28 (Operations standards and procedures) 2015.
Commencement
11. This Order commenced on 1 January 2016, immediately after the commencement of Marine Order 28 (Operations standards and procedures) 2015.
Contents of this instrument
12. Section 1 sets out the name of the Order.
13. Section 2 sets out the commencement date of the Order.
14. Section 3 provides that Schedule 1 amends Marine Order 11 (Living and working conditions on vessels) 2015.
15. Clause 1 of Schedule 1 replaces, in sections 28 and 29 of Marine Order 11, each mention of Marine Order 28 (Operations standards and procedures) 2012 with Marine Order 28 (Operations standards and procedures) 2015, following repeal of the 2012 Order and replacement with the 2015 Order.
16. Clause 2 of Schedule 1 corrects the mistaken reference, in subclause 5(a) of Schedule 4 of Marine Order 11, to Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2009, correcting it to refer to Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014.
Statement of compatibility with human rights
17. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
18. This Order is made under the Navigation Act 2012 (the Navigation Act). It amends Marine Order 11 (Living and working conditions on vessels) 2015 only to correct a mistaken cross-reference and to update cross-references because of the replacement of a marine order mentioned in Marine Order 11.
Human rights implications
19. The changes in this Order to Marine Order 11 (Living and working conditions on vessels) 2015 do not raise any human rights implications.
Conclusion
20. AMSA considers that this instrument is compatible with the rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
21. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.
Overview
The Marine Order 11 (Living and Working Conditions on Vessels) Amendment 2015 (No. 1) was introduced to address inaccuracies and update references in the existing Marine Order 11, which pertains to the living and working conditions on vessels. Enacted under the Navigation Act 2012, this amendment was necessitated by the oversight of a correct reference to a different marine order and the subsequent replacement of another marine order that necessitated an update in references. The Australian Maritime Safety Authority (AMSA), acting under the authority provided by the Navigation Act, made this legislative instrument to correct these cross-references, ensuring the regulatory framework remains coherent and up-to-date. The amendment was made without any public consultation, as it was deemed to be of a minor or machinery nature by the Office of Best Practice Regulation, and no human rights implications were identified. This Order commenced on 1 January 2016, aligning with the updated marine orders it references.
Scope and Application
The Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No. 1) is an instrument made under the Navigation Act 2012, specifically to amend Marine Order 11 (Living and working conditions on vessels) 2015. This Order corrects a mistaken cross-reference within Marine Order 11, ensuring it appropriately references Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014 instead of the outdated 2009 version. Additionally, it updates the references within Marine Order 11 to align with the repeal and replacement of Marine Order 28 (Operations standards and procedures) 2009 with Marine Order 28 (Operations standards and procedures) 2015. The Order applies to the persons and entities operating vessels within Australia’s maritime jurisdiction, ensuring compliance with the updated standards and procedures. It has a national reach, affecting all vessels operating in Australian waters, and does not specify any exclusions, exemptions, or thresholds. This legislative instrument commenced on 1 January 2016, following the commencement of the referenced 2015 Marine Order.
Key Provisions
The Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No. 1) (Order 2015/9) makes several important amendments to Marine Order 11. Firstly, it corrects a reference error in subclause 5(a) of Schedule 4 of Marine Order 11, ensuring that it correctly references Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014 instead of the outdated 2009 version. Secondly, it updates references within sections 28 and 29 of Marine Order 11 to reflect the replacement of Marine Order 28 (Operations standards and procedures) 2009 with Marine Order 28 (Operations standards and procedures) 2015. This amendment ensures that the living and working conditions on vessels are aligned with the most recent standards and procedures.
This Amendment Order imposes specific obligations on the parties and entities governed by Marine Order 11. Firstly, vessel operators and employers must ensure that the living and working conditions on their vessels comply with the updated references in Marine Order 11. This includes adhering to the most recent fire protection, fire detection, and fire extinction standards as outlined in Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014. Additionally, operators must ensure that their vessels meet the updated operations standards and procedures as set out in Marine Order 28 (Operations standards and procedures) 2015. Compliance with these updated references is crucial for maintaining safe and effective working conditions on vessels.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Marine Order 11 (Living and working conditions on vessels) Amendment 2015 (No. 1). However, non-compliance with the provisions of Marine Order 11, including the updated references to Marine Orders 15 and 28, could potentially lead to enforcement actions by the Australian Maritime Safety Authority (AMSA). These actions might include fines, vessel detentions, or other regulatory measures to ensure compliance with maritime safety and operational standards. The specific penalties for non-compliance are typically detailed in the Navigation Act 2012 or other relevant maritime legislation.
The Amendment Order was made under the authority of the Navigation Act 2012 and the Australian Maritime Authority Act 1990. It was drafted and commenced on 1 January 2016, following the replacement of Marine Order 28 (Operations standards and procedures) 2009 with Marine Order 28 (Operations standards and procedures) 2015. The Office of Best Practice Regulation (OBPR) assessed the Order as dealing with matters of a minor or machinery nature, and therefore, no regulatory impact statement was required. The Office of the Australian Information Commissioner also confirmed that this instrument is compatible with the rights and freedoms protected under the Human Rights (Parliamentary Scrutiny) Act 2011.