Explanatory Statement
Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) (Order 2016/2)
Authority
- The Navigation Act 2012 (the Navigation Act) provides for this Order to be made.
- Subsection 339(1) authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
- Subsection 342(1) 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.
- 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.
- This Order was made under subsection 342(1) of the Navigation Act and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
6. This Order makes consequential amendments to Marine Order 31 (Vessel surveys and certification) 2015 that are required because of new Marine Order 52 (Yachts and training vessels) 2016.
Overview
7. This Order:
(a) removes a certificate of survey appropriate to a voyage under Marine Order 52 (Sailing vessels) 1999 from the list of certificates for which a vessel is to be surveyed in accordance with Marine Order 31 (Vessel surveys and certification) 2015 and
(b) inserts, for a Certificate of Survey for a Cargo Vessel other than a Fishing Vessel, the condition that if the vessel is less than 24 m long and is carrying sail it must comply with the requirements of the USL Code for watertight subdivision of Class 1 vessels. There was previously a similar requirement for sailing vessels under Marine Order 52 (Sailing vessels) 1999.
Consultation
8. A copy of the draft of this Order was placed on AMSA’s website together with a draft of Marine Order 52 (Yachts and training vessels) 2016 on 18 November 2015 for a 4 week period of public consultation; one stakeholder requested an extension with comments accepted until 8 January 2016. Both draft Orders were also emailed to a targeted list of stakeholders including recognised organisations, the yachting industry, sail training organisations, and relevant government agencies. No submissions were received relating to this Order.
9. The Office of Best Practice Regulation (OBPR) considers that the changes to the Order have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OBPR reference number is 16724.
Documents incorporated by reference
10. Parts of the following document are incorporated by reference by this Order:
- the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments as in force from time to time (the USL Code).
11. The USL Code is available on the AMSA website at http://www.amsa.gov.au.
Commencement
12. This Order commenced on 1 March 2016, immediately after the commencement of Marine Order 52 (Yachts and training vessels) 2016.
Contents of this instrument
13. Section 1 sets out the name of the Order.
14. Section 2 provides for the commencement of the Order.
15. Section 3 provides that the Order amends Marine Order 31 (Vessel surveys and certification) 2015.
16. Item 1 of Schedule 1 inserts into note 3 of section 4 a reference to the definition of USL Code in Marine Order 1 (Administration) 2013. USL Code is defined in the Interpretation of Marine Orders Division of that Order as being in force from time to time.
17. Item 2 of Schedule 1 is a minor technical amendment.
18. Item 3 of Schedule 1 removes paragraph 43(2)(g) of Marine Order 31 (Vessel surveys and certification) 2015. This removes a certificate of survey appropriate to the voyage from the list of certificates for which a vessel is to be surveyed in accordance with Marine Order 31 (Vessel surveys and certification) 2015. This certificate was issued under the Order that is being replaced by new Marine Order 52 (Yachts and training vessels) 2016.
19. Item 4 of Schedule 1 inserts, as a condition of a Certificate of Survey for a Cargo Vessel other than a Fishing Vessel (a kind of non-SOLAS certificate), the condition that if the vessel is less than 24 m long and carries sail it must comply with the requirements of the USL Code for watertight subdivision of Class 1 vessels. Non-SOLAS certificate is defined in Marine Order 31 (Vessel surveys and certification) 2015.
Statement of compatibility with human rights
20. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
21. This Order makes consequential amendments to Marine Order 31 (Vessel surveys and certification) 2015 that are required because new Marine Order 52 (Yachts and training vessels) 2016 repeals Marine Order 52 (Sailing vessels) 1999.
22. The Order:
(a) removes a certificate of survey appropriate to a voyage under Marine Order 52 (Sailing vessels) 1999 from the list of certificates for which a vessel must be surveyed in accordance with Marine Order 31 (Vessel surveys and certification) 2015; and
(b) adds as a condition to which a Certificate of Survey for a Cargo Vessel other than a Fishing Vessel is subject that a vessel that is less than 24 m long and is carrying sail must comply with certain watertight subdivision requirements of the Uniform Shipping Laws Code.
Human rights implications
23. The changes in this Order to Marine Order 31 (Vessel surveys and certification) 2015 do not raise any human rights implications.
Conclusion
24. 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
25. 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.