Marine Order 31 (Vessel surveys and certification) Amendment 2015 (No. 1)

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

Legislation au F2015L01645 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 31 (Vessel surveys and certification) Amendment 2015 (No. 1) (Order 2015/5)

Authority

  1. 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.

Overview

The Marine Order 31 (Vessel Surveys and Certification) Amendment 2015 (No. 1) (Order 2015/5) was enacted to address the need for safe management and operation of vessels and pollution prevention for regulated Australian vessels to which Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS) does not apply. This amendment was made under the authority of the Navigation Act 2012 and the Acts Interpretation Act 1901, allowing the Australian Maritime Safety Authority (AMSA) to implement necessary regulations and amendments. The policy objective of this Order is to enhance maritime safety by ensuring that vessels comply with the International Safety Management (ISM) Code and ISM Guidelines. The Order was developed following public consultation with over 150 stakeholders, including vessel operators, industry bodies, and government agencies, and incorporates international safety standards set by the International Maritime Organization (IMO). This legislative instrument is considered to be compatible with human rights, as it does not raise any human rights implications, and was made by the Acting Chief Executive Officer of AMSA under the Australian Maritime Safety Authority Act 1990.

Scope and Application

The Marine Order 31 (Vessel surveys and certification) Amendment 2015 (No. 1) (Order 2015/5) applies to regulated Australian vessels that do not fall under Chapter IX of the Safety of Life at Sea (SOLAS) Convention, ensuring the safe management and operation of these vessels while preventing pollution. Specifically, it concerns cargo vessels other than fishing vessels, requiring their owners to provide a written declaration to the issuing body that a safety management system compliant with Part A of the International Safety Management (ISM) Code is in place. Additionally, the vessels must have a safety management system applied in accordance with the ISM Code and the guidelines for the ISM Code (ISM Guidelines). The Order was made under the Navigation Act 2012 and is a legislative instrument for the Legislative Instruments Act 2003, with no stated exclusions or exemptions. The instrument was developed after consultation with over 150 stakeholders, and the Office of Best Practice Regulation deemed it of a minor or machinery nature, not requiring a regulatory impact statement.

Key Provisions

The Marine Order 31 (Vessel surveys and certification) Amendment 2015 (No. 1) (Order 2015/5) amends the existing Marine Order 31 to enhance safety management and pollution prevention for Australian vessels not covered by Chapter IX of the Safety of Life at Sea (SOLAS) Convention. The key provisions of this Order are found in sections 3, 15, 16, and 17 of Schedule 1, which introduce new criteria and conditions for issuing certificates of survey to cargo vessels other than fishing vessels. Specifically, Section 3 of the Order amends Marine Order 31 to add a new purpose (Item 1 of Schedule 1) and definitions (Item 2 of Schedule 1) related to the International Safety Management (ISM) Code and the ISM Guidelines. Furthermore, it mandates that the vessel owner must provide a written declaration that the vessel has a safety management system compliant with Part A of the ISM Code (Item 3 of Schedule 1). Additionally, the Order requires that a safety management system be applied on the vessel in accordance with the ISM Code and the ISM Guidelines (Item 4 of Schedule 1). The obligations imposed by this Order on the parties it governs are primarily centred on ensuring the implementation and maintenance of a safety management system compliant with the ISM Code and ISM Guidelines. Vessel owners must provide a written declaration confirming the existence and compliance of such a system. The issuing bodies responsible for granting certificates of survey must verify that these declarations are accurate and that the vessels meet the stipulated safety and operational standards. These obligations are intended to promote safe vessel management and pollution prevention, thereby enhancing maritime safety. Breaches of the requirements set out in this Order can lead to civil and criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, violations of marine safety regulations generally may result in fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for breaches of maritime safety regulations can include substantial fines and imprisonment for individuals and companies, reflecting the seriousness with which such breaches are treated. Additionally, non-compliance may lead to the suspension or revocation of vessel certificates, impacting the vessel's ability to operate legally.

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Maritime Law
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Order
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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.