Explanatory Statement
Marine Order 50, Issue 6 (Order 2012/9)
Special purpose ships
Authority
- Section 283A of the Navigation Act 1912 (Navigation Act) provides that the regulations may:
(a) provide for special purpose ships or special personnel for any matter for which provision is made by the Act; and
(b) provide that a specified provision of the Act does not apply, or applies with prescribed modifications, to special purpose ships or special personnel.
2. Subsection 425(1) of the authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
3. 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.
4. This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
5. This Order provides for matters relating to special purpose ships.
Overview
6. This Order:
(a) repeals Marine Orders Part 50, Issue 5; and
(b) gives effect to the Code of Safety for Special Purpose Ships; and
(c) prescribes matters for section 283A of the Navigation Act.
Consultation
7. A copy of the draft Order was placed on the AMSA website for public comment.
8. AMSA also emailed 21 stakeholder organisations a copy of the draft and invited them to comment. A list of these organisations can be requested from AMSA.
9. AMSA received comments from 5 stakeholders.
10. Those comments were taken into account in preparing this instrument.
Commencement
11. This Order commenced on the day after it was registered.
Contents of this instrument
Division 1 Preliminary
12. Sections 1 to 5 mention matters set out in sections 1 to 6 of this Explanatory Statement.
13. Section 6 sets out definitions used in the Order.
14. Section 7 provides for the Administration in the SPS Code, an IMO resolution or document mentioned in the Order, for Australia.
15. Section 8 sets out the ships the Order applies to.
16. Section 9 provides for exemptions to be applied for and issued under the Order.
17. Section 10 provides for equivalents to be applied for and issued under the Order.
18. Section 11 provides for AMSA to decide that an existing ship or a ship of less than 500 gross tonnage is taken to comply with the SPS Code.
19. Section 12 prescribes matters for the definition of special purpose ship in section 283 of the Navigation Act.
20. Section 13 prescribes special personnel for paragraph 283(d) of the Navigation Act.
21. Subsection 14.1 modifies section 206S of the Navigation Act with application to special purpose ships and special personnel.
22. Subsection 14.2 requires a master or owner of a special purpose ship that is taken to sea, to ensure that the ship has a special purpose ship safety certificate.
23. Section 15 enables the owner of a special purpose ship to apply for a special purpose ship safety certificate.
24. Section 16 enables sections 8 to 10 and 13 of Marine Order 31 (Ships and surveys and certification) to apply to the survey of a special purpose ship as if the special purpose ship safety certificate were a Cargo Ship Safety Certificate.
25. Section 17 empowers a survey authority to issue a special purpose ship safety certificate if the ship is surveyed and AMSA or the survey authority is satisfied of certain matters.
26. Section 18 provides for the training of special personnel.
Compatibility with human rights
27. 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
28. 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.