Marine Order 47, issue 3

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

Legislation au F2012L01330 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 47, issue 3 (Order 2012/6)

Mobile offshore drilling units

Authority

  1.    Section 190B of the Navigation Act 1912 (Navigation Act) provides that the regulations may:

(a) specify requirements with which the construction, hull, equipment and machinery of ships must comply; and

(b) provide for the survey and inspection of ships.

2.      Paragraph 283E(1)(a) provides that the regulations may provide for giving effect to resolutions of the Internal Maritime Organization about offshore industry mobile units.

3.      Subsection 425(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.

4.      Subsection 425(1AA) 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 may be made by regulations.

5.      This instrument was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

6.      This instrument takes account of the 2009 MODU Code which came into force on 1 January 2012.  It has been re-drafted to improve readability and to implement new drafting styles.

Overview

7.      The Order imposes obligations on the operator and person in charge of a mobile offshore drilling unit (MODU) in matters relating to the safety of personnel aboard, or embarking or leaving, the MODU.

Consultation

8.      A copy of the draft Order was placed on the AMSA website for public comment.  A copy of the draft Order was circulated for comment to stakeholders and their comments were taken into account in finalising the draft.  The Office of Best Practice Regulation (OBPR) was consulted.  The OBPR considered that, because the Order deals with matters of a minor or machinery nature, no further analysis (in the form of a Regulatory Impact Statement) was required.  The OBPR reference number is ID 13228.

Documents incorporated by reference

9.      Various provisions of the following documents are incorporated by reference:

(a) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979 (IMO Resolution A.414(XI) as amended by MSC/Circ.561);

(b) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989 (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63));

(c) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (IMO Resolution A.1023(26) and its corrigendum (Corr. 1).

10.  These documents may be purchased from:

International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR

Telephone +44(0) 20 7735 7611

Facsimile +44(0) 20 7587 3210

IMO website: http://www.imo.org

11.  A list of distributors who maintain permanent stock of all IMO publications is on the IMO Website.  Information on obtaining copies of IMO documents referred to in this Order is also available on AMSA’s website at http://www.amsa.gov.au or by email: international relations@amsa.gov.au.

Commencement

12.  This instrument commenced on 1 July 2012.

Contents of this instrument

13.  Section 1 states the name of the Order.

14.  Section 2 states that the Order commences on 1 July 2012.

15.  Section 3 repeals the previous issue of the Order.

16.  Section 4 states the purpose of the Order.

17.  Section 5 states the power under which the Order is made.

18.  Section 6 sets out definitions of terms used in the Order.

19.  Sections 7 and 8 deal with the meaning of certain expressions.

20.  Section 9 states that the Order applies to a MODU registered in Australia and a MDU registered in a country other than Australia that is operating as an offshore industry mobile unit in the way mentioned in subsection 8 (3) of the Act.

21.  Section 10 allows for exemptions from requirements of the Order.

22.  Section 11 allows for approval to be given to use an equivalent (a thing at least as effective as something required by the Order).

23.  Division 2 of the Order (sections 12 to 22) specify various operational requirements for safety on MODUs, including those about personnel mentioned in Schedule 1, and other requirements such as a requirement to keep internal openings closed and to conduct emergency training and drills.  It also requires compliance with Schedule 2.

24.  Division 3 (sections 23 to 34) specifies requirements that apply to MODUs registered in Australia, including requirements for survey and inspection of MODUs and the issue of MODU certificates for MODUs that meet requirements.

25.  Division 4 has only 1 section (section 34) that provides for circumstances in which Australian authorities may exercise control over a MODU not registered in Australia.

26.  Division 5 deals with transitional matters, including continuance in force of approvals previously given and requirements applicable to replacement equipment.

27.  Schedule 1 specifies various matters about personnel on MODUs, such as the numbers and levels of competence of personnel required in various circumstances and makes provision for a person to be appointed as person in charge of a MODU.

28.  Schedule 2 specifies various safety precautions for MODUs registered in Australia, including fire safety and drills and training for emergencies.

Compatibility with human rights

29.  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 

30.  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 Authority Act 1990.

Overview

The Marine Order 47, issue 3 (Order 2012/6) was enacted in 2012 under the authority of the Navigation Act 1912 and the Australian Maritime Safety Authority Act 1990. This legislation was introduced to address the need for updated regulations concerning the safety of personnel on mobile offshore drilling units (MODUs), reflecting the International Maritime Organization's 2009 MODU Code. The Australian Maritime Safety Authority (AMSA) was the enacting body, aiming to ensure compliance with international standards and improve safety standards for offshore drilling operations within Australian jurisdiction. The primary policy objective of the Order is to enhance safety measures and operational requirements for MODUs, ensuring they meet both national and international safety standards. The Order was developed through extensive consultation with stakeholders and the Office of Best Practice Regulation (OBPR), which determined that no further regulatory impact analysis was necessary due to the minor nature of the amendments. The Order incorporates various provisions by reference from the International Maritime Organization and is designed to apply to MODUs registered in Australia and those operating in Australian waters from overseas. The Order includes provisions for exemptions, approvals for equivalent measures, and detailed operational and safety requirements, as well as provisions for the survey and inspection of MODUs. It commenced on 1 July 2012, replacing the previous issue of the Order and providing a comprehensive regulatory framework to safeguard personnel and operations on mobile offshore drilling units.

Scope and Application

The Marine Order 47, issue 3, made under section 190B of the Navigation Act 1912, pertains to the safety of personnel aboard mobile offshore drilling units (MODU) and their operations within Australian waters. This Order applies to any MODU registered in Australia and to MODUs registered in other countries that are operating as offshore industry mobile units in Australia as defined by the Navigation Act. The Order imposes various safety obligations on the operator and the person in charge of the MODU, ensuring compliance with the 2009 MODU Code and other relevant maritime safety standards. It also allows for exemptions and the approval of equivalent measures to those prescribed by the Order. The geographic reach of this legislation is national, applying to both domestically registered and foreign-registered MODUs operating within Australia’s jurisdiction. The Order came into effect on 1 July 2012 and includes provisions for transitional matters, ensuring a smooth implementation of the new standards.

Key Provisions

The Marine Order 47, issue 3 (Order 2012/6) is a legislative instrument under the Navigation Act 1912, which sets out detailed requirements for mobile offshore drilling units (MODUs). The main sections of the Order (sections 12 to 22) establish operational safety requirements for MODUs, including those related to personnel, such as the number and level of competence of personnel required in various situations, as well as other safety measures such as keeping internal openings closed and conducting emergency training and drills (section 22). These requirements are intended to ensure the safety of personnel aboard, or embarking or leaving, a MODU (section 7). Compliance with the Order also requires adherence to specific safety precautions detailed in Schedule 2 (section 22). The Order imposes several obligations on the operator and the person in charge of a MODU. These include ensuring that the MODU meets all the safety requirements outlined in the Order, conducting regular safety drills and training for emergency situations, and maintaining all necessary safety equipment in working order (section 22). Operators must also ensure that all personnel aboard the MODU possess the required level of competence and are appropriately qualified for their roles (Schedule 1). Additionally, the Order mandates that internal openings on the MODU be kept closed when not in use to prevent water ingress and other hazards (section 22). Failure to comply with the requirements of the Marine Order 47, issue 3 can result in various civil and criminal consequences. The Navigation Act 1912 provides for penalties for non-compliance, which may include fines and imprisonment. The exact penalties depend on the severity and nature of the breach. For example, offences related to safety breaches could lead to substantial fines, while more serious violations, such as those resulting in harm to personnel, could result in imprisonment terms. The specific penalties are not detailed in the Order itself but are outlined in the broader provisions of the Navigation Act.

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Area of Law
Maritime Law
Instrument
Order
Concepts
Definitions & Interpretation
Compliance Obligations
Reporting & Disclosure Obligations

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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.