Marine Order 21 (Safety of navigation and emergency procedures) Modification 2013 (No. 1)

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

Legislation au F2013L02095 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 21 (Safety of navigation and emergency procedures) Modification 2013 (No. 1) (Order 2013/20)

Authority

  1. Subsection 342(1) of the Navigation Act 2012 (the Navigation Act) 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. This Order was made under subsection 342(1) of the Navigation Act and is a legislative instrument for the Legislative Instruments Act 2003.
  2. Subsection 343(2) of the Navigation Act allows AMSA to make specified orders that were in force under the Navigation Act 1912 immediately before its repeal to have effect, for the purposes of the Navigation Act, with such modifications as are specified in the Marine Orders.

Purpose

3. The modification makes clear the requirements for the carriage of back up arrangements for electronic nautical charts and publications.

Overview

4. Marine Order 21 (Safety of navigation and emergency procedures) 2012 (MO 21) gives effect to regulations of chapters III, V and VI of the International Convention for the Safety of Life at Seas (SOLAS).

5. Subsection 343(2) of the Navigation Act enables Marine Orders to provide that orders made under the Navigation Act 1912 continue to operate with specified modifications. MO21 was continued in effect, with modifications, by Marine Order 4 (Transitional modifications) 2013. This Order makes a further modification to MO21 to provide the back up requirements for the electronic nautical charts and publications that must be carried on a vessel for a voyage.

Consultation

  1. A copy of the draft of this Order was posted on AMSA’s website for public comment. About 50 stakeholders including industry organisations and interested government agencies were invited to comment. Three stakeholders responded but had no comments.
  2. The Office of Best Practice Regulation (OBPR) was also consulted on the proposed Order. OBPR considered that the Order dealt with matters of a minor or machinery nature and that no further analysis (in the form of a Regulatory Impact Statement) was required. The OBPR reference number is 16182.

Documents incorporated by reference

3. No documents are incorporated by reference in this Order.

Commencement

4. This Order commences on the day after it is registered.

Contents of this instrument

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

6. Section 2 provides for the commencement of the Order.

7. Section 3 provides that MO 21 is modified in accordance with Schedule 1.

8. Schedule 1 modifies section 29 of MO21. Section 29 of MO21 makes provision for the nautical charts and nautical publications that must be carried on a voyage.

9. Items 1 to 4 clarify the application to a voyage and to nautical publications, and make consequential changes.

10.          Item 5 inserts a new subsection that sets out the requirements for a back up version of an electronic nautical publication.

11.          Item 6 substitutes subsection 29.3. The substituted provision requires that an electronic nautical chart must be displayed on an electronic chart display and information system that complies with SOLAS, and sets out the backup requirements for electronic nautical charts.

Compatibility with human rights

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

Overview of the legislative instrument

13.          This Order modifies Marine Order 21 (Safety of navigation and emergency procedures) 2012 (MO 21) which gives effect to regulations of chapters III, V and VI of the International Convention for the Safety of Life at Seas (SOLAS).

14.          Subsection 343(2) of the Navigation Act 2012 enables Marine Orders to provide that orders made under the Navigation Act 1912 continue to operate with specified modifications. MO21 was continued in effect, with modifications, by Marine Order 4 (Transitional modifications) 2013. This Order makes a further modification to MO21 to provide the back up requirements for the electronic nautical charts and publications that must be carried on a vessel for a voyage.

Human rights implications

15.          This instrument does not engage any of the rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Conclusion

16.          This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making the instrument

17.          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 21 (Safety of navigation and emergency procedures) Modification 2013 (No. 1) (Order 2013/20) was enacted to clarify and specify the requirements for the carriage of back-up arrangements for electronic nautical charts and publications on vessels. This legislative instrument was made under subsection 342(1) of the Navigation Act 2012, which allows the Australian Maritime Safety Authority (AMSA) to create orders for matters covered by the Act. The modification builds on Marine Order 21 (MO 21), which implements chapters III, V, and VI of the International Convention for the Safety of Life at Sea (SOLAS). The policy objective of this modification is to ensure the safety of navigation by specifying the necessary back-up requirements for electronic nautical charts and publications, enhancing the preparedness of vessels for emergencies. The Office of Best Practice Regulation found that this modification was of a minor nature and did not require a Regulatory Impact Statement.

Scope and Application

The Marine Order 21 (Safety of navigation and emergency procedures) Modification 2013 (No. 1) (Order 2013/20) applies to all vessels subject to the Navigation Act 2012, including any person or entity operating or managing such vessels within Australian waters. The Order is made under the authority granted by subsection 342(1) of the Navigation Act 2012, which allows the Australian Maritime Safety Authority (AMSA) to issue orders concerning navigation safety. The modification specifically targets the requirements for carrying backup arrangements for electronic nautical charts and publications on vessels, ensuring compliance with the International Convention for the Safety of Life at Sea (SOLAS). The Order amends Marine Order 21 (MO 21) to clarify and specify the backup requirements for electronic nautical charts and publications, thus enhancing the safety of navigation. The modification is part of a series of transitional measures aimed at aligning the Navigation Act 1912's regulations with the new Navigation Act 2012, ensuring continuity in maritime safety standards. There are no documents incorporated by reference in this Order, and it commenced on the day after its registration.

Key Provisions

The main sections of the Marine Order 21 (Safety of navigation and emergency procedures) Modification 2013 (No. 1) (Order 2013/20) provide for the modification of Marine Order 21 (MO21) to clarify the requirements for the carriage of backup arrangements for electronic nautical charts and publications. Section 3 of the Order specifies that MO21 is modified in accordance with Schedule 1, which amends section 29 of MO21 to include provisions for backup electronic nautical charts and publications. Section 2 sets out the commencement date of the Order, and Section 7 provides for the modifications outlined in Schedule 1 to take effect. The obligations imposed by this Order on the parties it governs include the requirement for vessels to carry backup versions of electronic nautical charts and publications when undertaking a voyage. Under the modified section 29 of MO21, vessels must ensure that electronic nautical charts are displayed on a compliant electronic chart display and information system. Furthermore, vessels must carry a backup version of electronic nautical publications, as specified in the Order. These obligations are designed to enhance safety of navigation and emergency procedures by ensuring that vessels have adequate and reliable navigational information at all times. The Order does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the requirements. However, breaches of the Navigation Act 2012 or the International Convention for the Safety of Life at Sea (SOLAS) regulations, which MO21 implements, can result in substantial penalties. Under the Navigation Act, the maximum penalty for contravening a provision of the Act is generally 500 penalty units (approximately AUD 77,500) for individuals and 2,500 penalty units (approximately AUD 387,500) for bodies corporate. Additionally, officers of a vessel who fail to comply with safety regulations may face personal penalties, and the vessel itself could be subject to detention, fines, or other enforcement actions. The severity of the penalties underscores the importance of adhering to the requirements for the safe navigation and emergency procedures as stipulated in the modified MO21.

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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.