Explanatory Statement
Marine Order 31 (Vessel surveys and certification) Amendment 2016 (No. 2) (Order 2016/22)
Authority
- This Order was made under subsection 342(1) of the Navigation Act 2012 (the Navigation Act). The Order amends Marine Order 31 (Vessel surveys and certification) 2015 (Marine Order 31) that was also made under that provision.
- Subsection 339(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
- Subsection 342(1) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision must or 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 is a legislative instrument for the Legislation Act 2003.
Purpose
6. This Order amends Marine Order 31. Marine Order 31 gives effect to those parts of Chapter I of the International Convention for the Safety of Life at Sea (SOLAS) dealing with survey and certification of vessels that are not specifically given effect by the Navigation Act. Marine Order 31 also provides generally for the survey, maintenance and certification of vessels.
7. This Order ensures that a vessel to be surveyed for the issue, renewal or endorsement of a Polar Ship Certificate (a kind of safety certificate with requirements set out in Marine Order 53 (Vessels in polar waters) 2016) must comply with the requirements of Marine Order 31 to the extent that they are consistent with the requirements of Marine Order 53 (Vessels in polar waters) 2016 (Marine Order 53).
Overview
8. This Order amends Marine Order 31 so that a vessel to be surveyed for the issue, renewal or endorsement of a Polar Ship Certificate must comply with the requirements of Marine Order 31 to the extent that they are consistent with the requirements of Marine Order 53. This is consistent with how other certificates issued under other Marine Orders must comply with Marine Order 31. A Polar Ship Certificate is a safety certificate for vessels that undertake voyages in polar waters. Polar Ship Certificate requirements are set out in Marine Order 53. Marine Order 53 specifies the vessels that must have a Polar Ship Certificate.
Consultation
9. A copy of the draft of this Order was placed on the AMSA website for public comment for 4 weeks. Over 80 stakeholders, including recognised organisations, shipping industry peak bodies, training organisations, unions, and interested government departments and agencies, were invited to participate in the consultation process.
10. The Office of Best Practice Regulation (OBPR) considers that the changes made by 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
11. This Order incorporates by reference into Marine Order 31 parts of Marine Order 53 (Vessels in polar waters) 2016 as in force from time to time. Due to the operation of section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003), Marine Order 53, like other Marine Orders already mentioned in Marine Order 31, are adopted as in force from time to time because they are adopted by reference to their title in the Order. Marine Order 53 (Vessels in polar waters) 2016 is available for free on the Federal Register of Legislation.
Commencement
12. This Order commenced on1 January 2017.
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 Schedule 1 amends Marine Order 31.
16. Item 1 of Schedule 1 adds paragraph (g) to subsection 43(2) to list a Polar Ship Certificate under Marine Order 53 as a certificate for subsection 43(1). A vessel to be surveyed for the issuing, renewal or endorsement of a Polar Ship Certificate will now be required to comply with each requirement of Marine Order 31 to the extent that the requirement is consistent with the requirements of Marine Order 53.
Statement of compatibility with human rights
17. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
18. This Order amends Marine Order 31 (Vessel surveys and certification) 2015 (Marine Order 31). Marine Order 31 gives effect to Chapter I of the International Convention for the Safety of Life at Sea (SOLAS) and provides generally for the survey, maintenance and certification of vessels under the Navigation Act.
19. This Order ensures that a vessel to be surveyed for the issue, renewal or endorsement of a Polar Ship Certificate must still comply with the requirements of Marine Order 31 to the extent that they are consistent with the requirements of Marine Order 53 (Vessels in polar waters) 2016 (Marine Order 53).
20. A Polar Ship Certificate is a kind of safety certificate for vessels that undertake voyages in polar waters. Polar Ship Certificate requirements are set out in Marine Order 53.
Human rights implications
21. This instrument does not engage any of the rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
22. 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
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.