Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1)

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

Legislation au F2016L00143 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) (Order 2016/2)

Authority

  1. The Navigation Act 2012 (the Navigation Act) provides 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 or in relation to which provision may be made by regulations.
  4. 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.
  5. 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.

Overview

The Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) was enacted to make consequential amendments to the Marine Order 31 (Vessel surveys and certification) 2015, necessitated by the introduction of the Marine Order 52 (Yachts and training vessels) 2016. This legislative instrument was made under the authority of the Navigation Act 2012, with the Australian Maritime Safety Authority (AMSA) acting as the enacting body. The policy objective behind this amendment is to ensure regulatory alignment and clarity following the repeal of the Marine Order 52 (Sailing vessels) 1999 by the newer Marine Order 52 (Yachts and training vessels) 2016. The amendment removes a specific certificate of survey from the list of required surveys and introduces a condition for cargo vessels under 24 meters carrying sail to comply with certain watertight subdivision requirements of the Uniform Shipping Laws Code. This ensures that the maritime regulations remain comprehensive and up-to-date with the evolving maritime industry standards.

Scope and Application

The Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) applies to vessels subject to Marine Order 31, which pertains to vessel surveys and certification, including cargo vessels and certain sailing vessels, operating in Australian waters. This Order is instrumental in making adjustments required due to the introduction of new Marine Order 52 (Yachts and training vessels) 2016. The Order is applicable across the Commonwealth of Australia and aligns with the provisions under the Navigation Act 2012 and the Australian Maritime Safety Authority Act 1990. The primary purpose of this amendment is to remove a specific certificate from the list of certificates required for a vessel survey under Marine Order 31 and to impose additional conditions for certain cargo vessels carrying sail, ensuring compliance with watertight subdivision requirements of the Uniform Shipping Laws Code. This Order does not specify any exclusions or thresholds and does not extend or restrict application through subordinate instruments. The changes made by this Order do not present any implications for human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) (Order 2016/2) makes changes to Marine Order 31 (Vessel surveys and certification) 2015 to align it with the new Marine Order 52 (Yachts and training vessels) 2016. Section 3 of the Order specifies that it amends Marine Order 31 (Vessel surveys and certification) 2015. Specifically, it 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 (Schedule 1, Item 3). It also adds a condition to a Certificate of Survey for a Cargo Vessel other than a Fishing Vessel, stipulating that if the vessel is less than 24 metres long and carries sail, it must comply with the requirements of the Uniform Shipping Laws Code for watertight subdivision of Class 1 vessels (Schedule 1, Item 4). This change is a direct consequence of the new Marine Order 52, which repeals the older Marine Order 52 (Sailing vessels) 1999. The Order imposes several obligations on parties involved in vessel surveys and certification. Vessels less than 24 metres long carrying sail must now comply with the watertight subdivision requirements of the Uniform Shipping Laws Code, which can be found on the AMSA website. Additionally, the Order removes a previously applicable certificate of survey, which means that the list of required certificates for survey is now updated to reflect the changes brought about by the new Marine Order 52. These amendments ensure that the survey and certification process aligns with the most current maritime regulations. Failure to comply with the requirements set forth in the Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 1) can result in civil and criminal penalties. Although the specific penalties are not detailed in the explanatory statement, non-compliance with maritime safety regulations generally can result in fines and potential legal action. The severity of penalties may depend on the nature and extent of the breach, and could include financial penalties or other enforcement actions as prescribed by the Navigation Act 2012 and related regulations. This Order ensures that the marine industry adheres to the latest regulatory requirements, maintaining safety standards and aligning with current maritime practices. By updating the survey and certification criteria, the Order aims to enhance maritime safety and compliance, ensuring vessels operate within the legal framework established by Australian maritime law.

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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.