Explanatory Statement
Marine Order 31 (Vessel surveys and certification) Amendment 2015 (No. 1) (Order 2015/5)
Authority
- The following provisions of the Navigation Act 2012 (the Navigation Act) provide for this Order to be made.
2. Subsection 339(1) authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
3. Subsection 342(1) allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for which provision must or may be made by regulations.
2. 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.
3. This Order was made under subsection 342(1) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
4. This Order provides for the safe management and operation of vessels and pollution prevention for regulated Australian vessels to which Chapter IX of SOLAS does not apply.
Overview
5. For a certificate of survey for a cargo vessel other than a fishing vessel, this Order:
(a) adds the issuing criterion that the owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the International Safety Management (ISM) Code (in the ISM Code called the Company) must give the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code; and
(b) adds the condition that there is in place for the vessel a safety management system that is applied on the vessel in accordance with the ISM Code and guidelines for the ISM Code (the ISM Guidelines).
Consultation
6. A copy of the draft of this Order was placed on the AMSA website on 4 August 2015 for public comment by 11 September 2015. Over 150 stakeholders including every vessel operator with AMSA issued ISM certification, recognised organisations, shipping and cargo industry bodies, training organisations, seafarer representative organisations and various government agencies were invited to comment and 4 responses received from Maritime Union of Australia, Mipec, Woodside Energy Ltd and DNV-GL.These comments were taken into account when preparing the final instrument.
7. The Office of Best Practice Regulation (OBPR) considers that the Order deals with matters of a minor or machinery nature and no regulatory impact statement is required. The OBPR reference number is 16724.
Documents incorporated by reference
8. The following documents are incorporated by reference:
- International Safety Management (ISM) Code as defined in Regulation 1 of Chapter IX of SOLAS, as in force from time to time (the ISM Code)
- Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations adopted by International Maritime Organization (IMO) Resolution A.1071(28), as in force from time to time (the ISM Guidelines).
9. A copy of documents issued by the IMO and mentioned in the Order are available on the IMO website http://www.imo.org or may also be purchased from:
International Maritime Organization
4 Albert Embankment, London SE1 7SR
Telephone +44(0)20 7735 7611
Fax +44(0)20 7587 3210
Commencement
10. This Order commenced immediately after the commencement of Marine Order 58 (Safe management of vessels) 2015.
Contents of this instrument
11. Section 1 states the name of the Order.
12. Section 2 provides for the commencement of the Order.
13. Section 3 provides that the Order amends Marine Order 31 (Vessel surveys and certification) 2015.
14. Item 1 of Schedule 1 inserts a new purpose for Marine Order 31 (Vessel surveys and certification) 2015.
15. Item 2 of Schedule 1 inserts the definitions of the ISM Code and ISM Guidelines.
16. Item 3 of Schedule 1 inserts, for a certificate of survey for a cargo vessel other than a fishing vessel, the issuing criterion that the owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code must give the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code.
17. Item 4 of Schedule 1 inserts, for a certificate of survey for a cargo vessel other than a fishing vessel, the condition that there is in place for the vessel a safety management system that is applied on the vessel in accordance with the ISM Code and the ISM Guidelines
Statement of compatibility with human rights
18. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
19. This Order provides for the safe management and operation of vessels and pollution prevention for regulated Australian vessels to which Chapter IX of SOLAS does not apply.
20. For a certificate of survey for a cargo vessel other than a fishing vessel, this Order:
(a) adds the issuing criterion that the owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the International Safety Management (ISM) Code (in the ISM Code called the Company) must give the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code; and
(b) adds the condition that there is in place for the vessel a safety management system that is applied on the vessel in accordance with the ISM Code and guidelines for the ISM Code (the ISM Guidelines).
Human rights implications
21. The changes in this Order to Marine Order 31 (Vessel surveys and certification) 2015 do not raise any human rights implications.
Conclusion
22. AMSA considers that this instrument is compatible with the rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
23. 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.