Explanatory Statement
Marine Order 25, issue 7 (Equipment — life-saving) Amendment 2012 (No. 1) (Order 2012/11)
Equipment — life-saving
Authority
- Subsection 191(1) of the Navigation Act 1912 (the Navigation Act) provides that the regulations may provide for giving effect to the International Convention for the Safety of Life at Sea (SOLAS).
- Section 215 of the Navigation Act provides that the regulations may provide for the saving of life at sea, including appliances to be carried and the measures to be observed, on ships for the saving of life at sea.
- Subsection 425(1) of the Navigation Act provides for regulations about matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
- Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in that Act for or in relation to which provision may be made by regulations.
- This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
6. This Order updates a reference in Marine Order 25 to Part III of SOLAS to refer to a resolution of the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO) that adopts amendments to that Part of SOLAS. The Order also updates the definition of the International Life-Saving Appliance Code (LSA Code) to include amendments to the LSA Code adopted by another MSC resolution. Both these amendments enter into force on 1 January 2013.
7. The Order also updates a reference to the Revised recommendations on testing of life-saving appliances to refer to a recent MSC resolution that adopted amendments to the revised recommendations.
Consultation
8. A copy of the draft of this instrument was circulated to 13 industry organisations and 1 government agency. A copy of the draft was also placed on the AMSA website for public comment. Only 1 comment was received which was to the effect that they had no comment on the draft.
9. The Office of Best Practice Regulation (OBPR) has advised that the Order will have minor and machinery impacts and therefore no Regulation Impact Statement is required (OBPR ID: 2012/14486).
Documents incorporated by reference
10. The following documents, as updated by this Order, are incorporated by reference in Marine Order 25:
- the LSA Code;
- the Revised recommendation on testing of life-saving appliances (adopted by IMO Resolution MSC.81(70)) as amended.
11. The LSA Code is in IMO resolution MSC.48.66 adopting the Code and subsequent MSC resolutions adopting amendments to the Code (resolutions MSC.207(81), MSC.218(82), MSC.272(85), MSC.293(87) and MSC.320(89)). These resolutions are available from the IMO website at http://www.imo.org. A 2010 consolidated edition of the LSA Code is also available from the IMO.
12. The Revised recommendation on testing of life-saving appliances are in IMO Resolution MSC.81(70) and subsequent MSC resolutions adopting amendments to the revised recommendations (resolutions MSC.200(80), MSC.226(82), MSC.274(85), MSC.295(87), MSC.321(89), MSC.323(89) and A.520(13)). These resolutions are also available from the IMO website at http://www.imo.org.
Commencement
13. This Order commences on 1 January 2013.
Contents of this instrument
14. Item 1 updates a note about SOLAS, Chapter III (Life-saving appliances and arrangements), to refer to a recent MSC resolution that adopted amendments to that Chapter of SOLAS. These amendments enter into force on 1 January 2013.
15. Item 2 updates the definition of LSA Code to refer to a recent MSC resolution that adopted amendments to the LSA Code. Those amendments enter into force on 1 January 2013 and relate to enhanced safety arrangements for lifeboats.
16. Item 3 updates a reference to the IMO requirements for the testing of life-saving appliances to refer to amendments to those requirements recently adopted by the IMO. These more detailed testing requirements are based on the requirements of the LSA Code. The IMO has recommended that Governments apply these amendments to those requirements when testing life-saving appliances.
Compatibility with human rights
17. 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
18. 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 25, issue 7 (Equipment — life-saving) Amendment 2012 (No. 1) (Order 2012/11) was enacted to update references in Marine Order 25 concerning the International Convention for the Safety of Life at Sea (SOLAS) and the International Life-Saving Appliance Code (LSA Code), ensuring alignment with recent resolutions of the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). This amendment, which entered into force on 1 January 2013, was introduced to address the need for maritime safety regulations to keep pace with international maritime safety standards and practices. The Australian Maritime Safety Authority (AMSA) was the enacting body, making the order under subsection 425(1AA) of the Navigation Act 1912, with the policy objective of enhancing safety arrangements for lifeboats and improving the testing of life-saving appliances on ships to safeguard life at sea. Public consultation was conducted, with minimal feedback received, and the Order was deemed to have minor and machinery impacts, thus not requiring a Regulation Impact Statement.
Scope and Application
The Marine Order 25, issue 7 (Equipment — life-saving) Amendment 2012 (No. 1) (Order 2012/11) applies to all Australian ships engaged in maritime navigation, aligning with the International Convention for the Safety of Life at Sea (SOLAS) and the International Life-Saving Appliance Code (LSA Code). This legislative instrument is made under the authority of the Navigation Act 1912 and serves to update references and definitions to reflect recent amendments adopted by the International Maritime Organization's (IMO) Maritime Safety Committee (MSC). The amendments, which include updated safety arrangements for lifeboats and revised recommendations for testing life-saving appliances, are set to take effect from 1 January 2013. The Order applies nationally, ensuring compliance with international standards set by the IMO. Although no exclusions or exemptions are explicitly stated, the regulations inherently cater to the maritime industry, ensuring vessels meet international safety standards. The Australian Maritime Safety Authority (AMSA) is responsible for enforcing this Order, which is integral to the broader legislative framework governed by the Navigation Act and administered through AMSA's regulatory powers.
Key Provisions
The Marine Order 25, issue 7 (Equipment — life-saving) Amendment 2012 (No. 1) (Order 2012/11) makes several key updates to existing maritime safety regulations, focusing on life-saving equipment on ships. Specifically, section 1 of the Order updates the reference in Marine Order 25 to Part III of the International Convention for the Safety of Life at Sea (SOLAS) to reflect recent amendments adopted by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). This change is crucial for ensuring that the equipment carried on ships aligns with the latest safety standards set by the IMO. Section 2 updates the definition of the International Life-Saving Appliance Code (LSA Code) to include amendments adopted by another MSC resolution. These amendments, which enter into force on 1 January 2013, relate to enhanced safety arrangements for lifeboats and are vital for improving the effectiveness of life-saving equipment on ships.
The obligations imposed by this Order are primarily on ship operators and owners to ensure that their vessels comply with the updated safety standards. Ship operators must ensure that all life-saving equipment on their vessels meets the specifications and requirements outlined in the updated SOLAS and LSA Code. This includes ensuring that lifeboats and other life-saving appliances are regularly inspected, maintained, and tested according to the new IMO requirements for testing of life-saving appliances, as updated in section 3 of the Order. Failure to comply with these requirements can lead to significant penalties and legal consequences. Ship owners, on the other hand, are responsible for ensuring that their vessels are equipped with the necessary life-saving equipment and that all crew members are adequately trained in the use of this equipment.
Breaches of the requirements set out in this Order can result in both civil and criminal penalties. Under the Navigation Act 1912, any person who fails to comply with the regulations may be subject to a penalty of up to $22,200 for an individual and up to $111,000 for a body corporate, as stipulated in section 428(1) of the Act. Additionally, the Order itself includes provisions for enforcement by the Australian Maritime Safety Authority (AMSA), which may take action against non-compliant vessels, including issuing fines or detention orders. In more severe cases, breaches can also lead to criminal charges, potentially resulting in imprisonment. The exact penalties and consequences depend on the nature and severity of the breach, as well as any relevant maritime safety regulations and international conventions.