Marine Order 19 (Tonnage measurement) 2025

Explanatory Statement

Marine Order 19 (Tonnage measurement) 2025 (Order 2025/5)

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. Subsection 342(4) of the Navigation Act allows a Marine Order to provide for a matter by applying, adopting or incorporating any matter contained in any instrument or document in force or existing from time to time.
7.              Subsection 342(4) of the Navigation Act allows a Marine Order to provide for a matter by applying, adopting or incorporating any matter contained in any instrument or document in force or existing from time to time.
8.              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.
9.              This Marine Order is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

1.          This Marine Order gives effect to the Tonnage Convention and deals with certification of vessels providing evidence of compliance with the Tonnage Convention.
2.          For this reason, the Marine Order is exempt from sunsetting under item 1, section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Overview

1.          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.
2.     This Marine Order replaces Marine Order 19 (Tonnage measurement) 2014 following a review of the Order as part of AMSA’s ongoing review of instruments.
3.          A new provision is included prescribing domestic commercial vessels and recreational vessels with Australian nationality for the purpose of paragraph 151(c) of the Navigation Act.

Consultation

1.           A copy of the draft of this Marine Order was placed on AMSA’s website on 18 February 2025 for public consultation for six weeks with comments to be provided by 31 March 2025. Around 130 stakeholders were contacted directly by email and invited to comment. These included vessel operators, Australian and international shipowners, classification societies, shipping industry peak bodies and unions, training organisations, and relevant government departments and agencies The review was also advised on AMSA Consultation web page and as a news article on AMSA homepage.
2.           No submission was received and no action was necessary in the preparation of the final draft.
3.           Changes made by the marine order are administrative and editorial in nature without introducing any new requirement and AMSA Regulation Impact Statement carve-out under categories 1a(ii) (editorial changes) and 1a(iv) (minor regulatory changes that align with treaty obligations and don't affect stakeholders) were applied. The relevant Office of Impact Analysis (OIA) reference numbers are OIA23-06166 and OIA23-06232.

Documents incorporated by reference

1.           The following documents or parts of them are incorporated by reference in the Marine Order:

• International Convention on Tonnage Measurement of Ships (Tonnage Convention)
• Chapter IV of International Convention for the Safety of Life at Sea (SOLAS)
• International Convention for the Prevention of Pollution from Ships (MARPOL)
• Marine Order 1 (Administration) 2013
• Navigation (Tonnage Measurement) Regulations (repealed)
• IMO circulars TM.5/Circ.6 and MSC.1/Circ.1546.

1.           The Tonnage Convention, MARPOL and SOLAS are of treaty status and incorporated as amended and in force from time to time. The Conventions are in the Australian Treaties Library accessible online at the AustLII website at www.austlii.edu.au or the Australian Treaties Database at www.info.dfat.gov.au/treaties. A link to the Australian Treaties Library is available at the Marine Orders link on the AMSA website at www.amsa.gov.au. The Marine Orders link on the AMSA website also contains information on the purchase of the Conventions and availability at libraries.
2.           Marine Order 1 is adopted as in force from time to time because it is adopted by reference to title in this Marine Order due to the operation of section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003). The Marine Order can be accessed through the marine orders link on the AMSA website at www.amsa.gov.au and is available for free download from the Federal Register of Legislation.
3.           The Navigation (Tonnage Measurement) Regulations are repealed but are incorporated as they existed on 5 September 1994. The regulations are available at www.austlii.edu.au for free download.

Commencement

1.           This Marine Order commenced on 1 September 2025.

Contents of this instrument

1.           Section 1 sets out the name of the Marine Order.
2.           Section 1A sets out the commencement of the Marine Order.
3.           Section 1B repeals instrument known as Marine Order 19 (Tonnage measurement) 2014.
4.           Section 2 states the purpose of the Marine 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.
5.           Section 3 sets out the powers in the Navigation Act that enable the Marine Order to be made.
6.           Section 4 sets out the definitions of terms used in the Marine Order.
7.           Section 5 sets out matters relating to the interpretation of requirements in the Marine Order.
8.           Section 6 describes the vessels to which the Marine Order applies.
9.           Section 7 provides that an owner of a regulated Australian vessel may apply for a determination in accordance with the application process mentioned in Marine Order 1 (Administration) 2013.
10.           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.
11.           Section 9 provides matters concerning an application for an International Tonnage Certificate (1969).
12.           Section 10 sets out the criteria for the issue of an International Tonnage Certificate (1969).
13.           Section 11 sets out the condition attaching to an International Tonnage Certificate (1969).
14.           Section 12 sets out matters concerning the duration of an International Tonnage Certificate (1969).
15.           Section 13 sets out certificate revocation matters.
16.           Section 14 deals with certificate requirements for foreign vessels to which the Tonnage Convention applies.
17.           Section 15 sets out matters concerning tonnage measurement under repealed regulations and the recognition of that measurement for the purpose of SOLAS and MARPOL.
18.           Section 16 prescribes vessels specified for paragraph 151(c) of the Navigation Act. These vessels may apply for an International Tonnage Certificate (1969) in accordance with section 9.

Statement of compatibility with human rights

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

Overview of the legislative instrument

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

Human rights implications

1.           This Marine 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.

Conclusion

1.           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

1.           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 Safety Authority Act 1990.