Marine Order 19 (Tonnage measurement) 2014

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01101 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 19 (Tonnage measurement) 2014 (Order 2014/14)

Authority

  1. Subsection 153(1) of the Navigation Act 2012 (the Navigation Act) provides that regulations may give effect to the Tonnage Convention and otherwise provide for the tonnage of vessels.
  2. Subsection 153(2) of the Navigation Act provides that regulations may provide for the issuing of certificates, assigning tonnages to vessels and measuring of the tonnage of vessels.
  3. Subsection 314 of the Navigation Act provides that regulations may provide for particular matters relating to certificates.
  4. Subsection 340(1)(e) of the Navigation Act provides that regulations may be made to give effect to the Tonnage Convention.
  5. Subsection 339(1) of the Navigation Act provides that regulations may 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 Act.
  6.  Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about any matter for which provision must or may be made by regulations.
  7. 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.
  8. This Order is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

9. This Order gives effect to the Tonnage Convention and deals with certification of vessels providing evidence of compliance with the Tonnage Convention.

Overview

10.          The Navigation Act implements Australia’s obligations under the Tonnage Convention which established uniform principles and rules with respect to the determination of tonnage of ships engaged on international voyages.

11.          This Order replaces Marine Order 19 (Tonnage measurement) 2003 following a review of the Order as part of AMSA’s ongoing review of instruments. The structure of the Order has been changed and current legislative drafting style applied. When the Order commences, schedule 10 of Marine Order 4 (Transitional Modifications) 2013 will cease to have effect because that schedule modifies the previous issue of this Order.

Consultation

12.          A copy of the draft of this Order was placed on the AMSA website for public comment. Over 300 stakeholders, including industry organisations and interested government agencies, were invited to participate in the consultation process. One ‘no comment’ response was received during the period for public comment.

13.          The Office of Best Practice Regulation (OBPR) was also consulted and considered that the Order dealt with matters of a minor or machinery nature and no regulatory impact statement was required. The OBPR reference number is 2013/16556.

Documents incorporated by reference

14.          This Order incorporates the following documents by reference:

  • Tonnage Convention
  • SOLAS
  • MARPOL

15.          IMO documents may be purchased from the IMO — see the IMO website at http://www.imo.org/publications.

Commencement

16.          This Order commenced on 1 September 2014.

Contents of this instrument

17.          Section 1 sets out the name of the Order.

18.          Section 1A sets out the commencement of the Order.

19.          Section 1B repeals instrument known as Marine Order 19 (Tonnage measurement) 2003.

20.          Section 2 states the purpose of the Order, which is to give effect to the Tonnage Convention and deal with the certification of vessels as evidence of compliance with the Tonnage Convention.

21.          Section 3 sets out the powers in the Navigation Act that enable the Order to be made.

22.          Section 4 sets out the definitions of terms used in the Order.

23.          Section 5 sets out the interpretation of terms used in the Order.

24.          Section 6 describes the vessels to which the Order applies.

25.          Section 7 provides a person may apply for an exemption of a vessel from a requirement of this Order in accordance with the application process mentioned in Marine Order 1 (Administration) 2013.

26.          Division 2 contains 6 sections and deals with International Tonnage Certificates issued under the Navigation Act.

27.          Section 8 sets out the certificate requirement for a regulated Australian vessel to which the Tonnage Convention applies, or would apply if engaged on international voyages.

28.          Section 9 provides matters concerning an application for an International Tonnage Certificate (1969).

29.          Section 10 sets out the criteria for the issue of an International Tonnage Certificate (1969).

30.          Section 11 sets out the condition attaching to an International Tonnage Certificate (1969).

31.          Section 12 sets out matters concerning the duration of an International Tonnage Certificate (1969).

32.          Section 13 sets out certificate revocation matters.

33.          Division 3 contains 1 section only. Section 14 deals with certificate requirements for foreign vessels.

34.          Division 4 contains 1 section only. Section 15 sets out matters concerning tonnage measurement under repealed regulations and the recognition of that measurement for the purpose of SOLAS and MARPOL.

Compatibility with human rights

35.          This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

36.          This Order is made under the Navigation Act and gives effect to Australia’s international obligations under the Tonnage Convention.

37.          This Order implements a tonnage measurement system for vessels. This instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

38.          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

39.          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 Safety Authority Act 1990 and paragraph 33A(e) of the Acts Interpretation Act 1901.

Overview

The Marine Order 19 (Tonnage Measurement) 2014 was enacted to implement the Tonnage Convention within Australian waters and to ensure that vessels meet the necessary international standards for tonnage measurement and certification. This legislative instrument was introduced under the authority of the Navigation Act 2012, which mandates the regulation of vessel tonnage and certification in compliance with international maritime conventions. The primary objective of this Order is to facilitate the certification of vessels, providing evidence of compliance with the Tonnage Convention, and to replace the previous Marine Order 19 (Tonnage Measurement) 2003 with updated legislative drafting styles and structural changes. This Order was subject to public consultation, with over 300 stakeholders participating, and was reviewed by the Office of Best Practice Regulation, which deemed it to be of minor regulatory nature, thereby exempting it from a regulatory impact statement. The Order commenced on 1 September 2014 and is compatible with human rights, as it does not engage with any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Marine Order 19 (Tonnage measurement) 2014 applies to all vessels, both Australian and foreign, that are required to comply with the Tonnage Convention, which pertains to ships engaged on international voyages. The Order serves to implement Australia's obligations under this international convention by establishing uniform principles and rules for the determination of tonnage. It applies nationally and is applicable to any vessel within Australia's jurisdictional waters, regardless of the vessel's flag state. The Order allows for the issuance of International Tonnage Certificates (1969) to Australian vessels and foreign vessels as evidence of compliance with the Tonnage Convention. The Order does not specify any exclusions or exemptions, though it does provide a process for applying for an exemption from its requirements. The instrument is made under the authority granted by the Navigation Act 2012 and related legislative instruments, and it has the capacity to be amended or repealed as necessary to adapt to changing maritime practices and international obligations.

Key Provisions

The main operative sections of the Marine Order 19 (Tonnage measurement) 2014, include sections which set out the name of the Order (Section 1), the commencement date (Section 1A), and the repeal of the previous Marine Order 19 (Tonnage measurement) 2003 (Section 1B). The purpose of the Order is clearly defined in Section 2, which is to give effect to the Tonnage Convention and to deal with the certification of vessels as evidence of compliance with this Convention. Definitions and interpretations of terms used in the Order are found in Sections 4 and 5, respectively. The Order applies to vessels specified in Section 6. Section 7 allows for the application of an exemption for a vessel from the requirements of this Order. Division 2 of the Order deals with International Tonnage Certificates, including requirements for the certificate (Section 8), application procedures (Section 9), criteria for issuance (Section 10), conditions attaching to the certificate (Section 11), and matters concerning the duration of the certificate (Section 12). Section 13 outlines the revocation of certificates. Division 3 addresses certificate requirements for foreign vessels (Section 14), while Division 4 deals with the measurement of tonnage under repealed regulations and the recognition of that measurement for the purposes of the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL) (Section 15). The obligations and requirements imposed by this Act on parties and entities include the issuance and maintenance of International Tonnage Certificates for regulated Australian vessels, as outlined in Division 2. These obligations also extend to foreign vessels, as detailed in Division 3. Vessel owners or operators must ensure their vessels comply with the tonnage measurement system implemented under the Order. The application process for exemptions from the Order's requirements, as mentioned in Section 7, must be followed, and any application for an International Tonnage Certificate must meet the criteria set out in Section 10. Certificates must be renewed within the duration periods specified in Section 12, and any revocation of certificates must be handled in accordance with Section 13. The Order outlines several potential consequences and penalties for breaches of its provisions. While the Order does not explicitly detail specific offences and penalties, breaches of the Navigation Act, which this Order gives effect to, may result in civil or criminal penalties. For example, civil penalties may include fines, while criminal penalties may include imprisonment. The exact penalties would depend on the specific breach and the relevant provisions of the Navigation Act. Given the international nature of maritime regulations and the Tonnage Convention, non-compliance could also lead to international sanctions or restrictions on the vessel's ability to engage in international voyages. The specific consequences and penalties for breaches of the Marine Order 19 (Tonnage measurement) 2014 would need to be interpreted in the context of the broader Navigation Act and related maritime regulations.

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Area of Law
Marine Law
Instrument
Order
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.