Marine Order 19 (Tonnage measurement) 2025

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Legislation au F2025L01014 In force Legislative Instrument

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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.

Overview

The Marine Order 19 (Tonnage measurement) 2025 is a legislative instrument enacted under the Navigation Act 2012, designed to implement Australia’s obligations under the International Convention on Tonnage Measurement of Ships, commonly known as the Tonnage Convention. This Marine Order serves to regulate the certification of vessels' tonnage, ensuring compliance with international standards, and replaces the previous Marine Order 19 (Tonnage measurement) 2014. The primary policy objective of the Order is to establish a consistent and internationally recognised tonnage measurement system for vessels operating on international voyages, thereby facilitating trade and ensuring safety and environmental protection in maritime operations. The enactment of this Order by the Australian Maritime Safety Authority (AMSA) is aimed at maintaining Australia’s compliance with international maritime conventions while providing a clear framework for the certification and measurement of vessel tonnages.

Scope and Application

The Marine Order 19 (Tonnage measurement) 2025 applies to all vessels with Australian nationality, including domestic commercial vessels and recreational vessels, as outlined in paragraph 151(c) of the Navigation Act 2012. This includes vessels that may be engaged on international voyages and thus need to comply with the Tonnage Convention. The Order also applies to foreign vessels that fall under the scope of the Tonnage Convention when they are in Australian waters. Geographically, the Order operates within the Commonwealth of Australia, and its provisions are designed to align with international standards set by the International Convention on Tonnage Measurement of Ships (Tonnage Convention). This Marine Order replaces the previous Marine Order 19 (Tonnage measurement) 2014 and incorporates by reference various international and domestic instruments such as the Tonnage Convention, the International Convention for the Safety of Life at Sea (SOLAS), and the International Convention for the Prevention of Pollution from Ships (MARPOL). The Order does not introduce any new substantive requirements but makes administrative and editorial changes to streamline the tonnage measurement and certification process. The Marine Order commenced on 1 September 2025, and its provisions are intended to facilitate compliance with international obligations and ensure the safety and environmental protection standards are met for vessels operating under Australian jurisdiction.

Key Provisions

The Marine Order 19 (Tonnage Measurement) 2025, under the Navigation Act 2012, primarily addresses the certification of vessel tonnage in compliance with the International Convention on Tonnage Measurement of Ships, 1969 (the Tonnage Convention). Section 8 of the Order mandates that an Australian vessel engaged in international voyages must possess an International Tonnage Certificate (1969). This certificate is required for vessels that are subject to the Tonnage Convention, ensuring that their tonnage is accurately measured and recorded. Section 9 outlines the application process for obtaining such a certificate, while Section 10 details the criteria that must be met for the issuance of the certificate. Furthermore, Section 11 specifies the conditions that must be adhered to by the holder of the certificate, including the requirement for periodic re-measurement and the maintenance of records. The Order imposes several obligations on the parties it governs. Owners of Australian vessels, as stated in Section 7, must apply for a determination of their vessel's tonnage in accordance with the procedures set out in Marine Order 1 (Administration) 2013. Section 12 stipulates the duration of the validity of the International Tonnage Certificate (1969), while Section 13 provides for the revocation of the certificate if the vessel no longer complies with the tonnage measurement requirements. For foreign vessels, Section 14 specifies the certificate requirements that must be fulfilled if they are subject to the Tonnage Convention. Breach of the provisions of this Marine Order can lead to civil or criminal consequences. Under Section 153 of the Navigation Act, failure to comply with the tonnage measurement requirements or to possess the requisite certificate can result in penalties. Specifically, Section 340(1)(e) of the Navigation Act authorises the imposition of fines for non-compliance with the regulations. The maximum penalties are not explicitly stated in the Order, but they would typically align with the penalties prescribed under the Navigation Act for similar infractions. Additionally, repeated or serious breaches could lead to criminal charges under the Act, potentially resulting in imprisonment. The precise penalties would depend on the nature and severity of the breach, as well as the discretion of the court.

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Area of Law
Maritime Law
Instrument
Order
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

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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.