Marine Order 50, issue 6

Overview

The Marine Order 50, Issue 6, formally known as Order 2012/9, was enacted to provide for matters relating to special purpose ships, ensuring compliance with the Code of Safety for Special Purpose Ships. This Order was introduced under the authority granted by the Navigation Act 1912, specifically Section 283A, which allows for regulations concerning special purpose ships and special personnel, and Section 425(1AA), which empowers the Australian Maritime Safety Authority (AMSA) to make orders for matters covered by the Navigation Act. The policy objective of this Order is to enhance maritime safety by providing clear regulatory frameworks and safety standards for special purpose ships, which include vessels that are not engaged in commercial transport but are used for specific tasks such as research, salvage, or other non-commercial maritime activities. The Order was developed through a consultation process with the public and various stakeholders, and it commenced on the day following its registration.

Scope and Application

The Marine Order 50, Issue 6 (Order 2012/9) pertains to special purpose ships under Section 283A of the Navigation Act 1912, which allows for regulations concerning special purpose ships or special personnel. This Order, made by the Australian Maritime Safety Authority (AMSA), specifies the administration of the Special Purpose Ships (SPS) Code and International Maritime Organization (IMO) resolutions or documents for Australia. The Order applies to ships that are classified as special purpose ships as defined in the Navigation Act, including those that are taken to sea. The Order provides for exemptions and equivalents to be applied for and issued, with AMSA having the authority to decide that an existing ship or a ship of less than 500 gross tonnage is taken to comply with the SPS Code. The Order also modifies certain provisions of the Navigation Act with application to special purpose ships and special personnel and requires the master or owner of a special purpose ship taken to sea to ensure the ship has a special purpose ship safety certificate. The Order was subject to public consultation, with feedback from five stakeholders taken into account in its preparation. This instrument is considered by AMSA to be compatible with human rights, having no impact on any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Key Provisions

The key provisions of the Marine Order 50, Issue 6 are primarily concerned with special purpose ships as outlined in sections 1 to 18. These sections detail the various requirements, permissions, and obligations that must be adhered to by the relevant parties. For instance, Section 6 provides definitions that are used throughout the Order, which is crucial for the clarity and enforcement of the regulations. Section 7 ensures that the Administration, as defined in the SPS Code or an IMO resolution or document, applies to Australia. Section 8 specifies which ships the Order applies to, while Sections 9 and 10 outline the process for applying for exemptions and equivalents under the Order, respectively. Furthermore, Section 11 allows AMSA to determine that an existing ship or a ship of less than 500 gross tonnage complies with the SPS Code. Section 12 prescribes matters for the definition of a special purpose ship in section 283 of the Navigation Act, and Section 13 prescribes special personnel for paragraph 283(d) of the Navigation Act. The obligations and requirements imposed by this Act on the parties or entities it governs are extensive and multifaceted. For example, Section 14.1 modifies section 206S of the Navigation Act, applying it to special purpose ships and special personnel. Section 14.2 mandates that the master or owner of a special purpose ship ensure the ship has a special purpose ship safety certificate if it is taken to sea. Section 15 enables the owner of a special purpose ship to apply for a safety certificate, while Section 16 allows sections 8 to 10 and 13 of Marine Order 31 to apply to the survey of a special purpose ship as if the certificate were a Cargo Ship Safety Certificate. Section 17 empowers a survey authority to issue a safety certificate if the ship is surveyed and AMSA or the survey authority is satisfied of certain matters. Additionally, Section 18 outlines the training requirements for special personnel, ensuring that they are adequately prepared for their roles. Any breaches of the provisions in this Order can lead to various offences, penalties, or civil/criminal consequences. For instance, failing to comply with the requirements for a special purpose ship safety certificate, as stipulated in Section 14.2, could result in significant legal ramifications. The maximum penalties for such breaches are not explicitly stated in the provided text, but under general maritime law, penalties can include fines and imprisonment. Additionally, the failure to adhere to training requirements for special personnel, as outlined in Section 18, could also lead to legal consequences. It is important to note that the specifics of penalties and consequences would need to be referred to in the relevant sections of the Navigation Act and other applicable legislation.