Marine Order 506 (Approval of training organisations — national law) 2013

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

Legislation au F2013L01170 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 506 (Approval of training organisations — national law) 2013 (Order 2013/11)

Authority

  1.    Subsection 159(1) of the of the Marine Safety (Domestic Commercial Vessel) National Law (the national law) set out in Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the national law.
  2.    Paragraph 160(1)(b) of the national law provides that the regulations may prescribe matters relating to the approval of training organisations.
  3.    Subsection 163(1) of the national law allows the National Regulator to make Marine Orders for any matter in the Act for which provision may be made by regulations, with some specified exceptions.
  4.    This Order was made under subsection 163(1) of the national law and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

5.      This Order provides for the approval of organisations as training organisations.

Overview

6.      The national law is a key part of the national system for commercial vessel safety. When applied in all Australian jurisdictions (see section 2 of the national law) it will replace existing State and Territory laws, and parts of Commonwealth law, with a single law for the safety of all domestic commercial vessels and their crew in Australian waters. The national law is supported by Marine Orders made under the national law by the National Regulator.

7.      The Australian Maritime Safety Authority is the National Marine Safety Regulator (referred to as the National Regulator — see section 9 of the national law).

8.      The Marine Order provides that a person may apply for an approval of an organisation as a training organisation or for a variation of such an approval. It also provides that the National Regulator is the relevant decision maker concerning approvals and is required to maintain an approved training organisation database. The Marine Order further provides for: the form of the relevant application, the criteria that must be met to be approved as a training organisation; the conditions applying to approvals; the term of the approval; and the criteria for suspension or revocation.

9.      The effect of the Order is only ancillary to the national law and does not affect the policy background of the national law. For these reasons, and based on the information available, no further analysis in the form of a Regulation Impact Statement is required (OBPR reference number 14031).

Consultation

10.  The instrument was developed in consultation with the Maritime Agencies Forum, representing the marine safety authorities of each State and the Northern Territory, and the Department of Transport and Infrastructure. It was advertised for public comment and posted for comment on the national law website. Comments from the public and from marine safety authorities were considered and the draft instrument was developed taking these into account.

Documents incorporated by reference

11.  The following marine order referenced in the Order is available from http://www.comlaw.gov.au:

  •      Marine Order 501 (Administration — national law) 2013

12.  The following document referenced in the Order is available from http://www.tlisc.com.au/training-packages/maritime-training:

  •      Maritime Training Package published by the Transport and Logistics Industry Skills Council.

Commencement

13.  The Order commenced on 1 July 2013.

Contents of this instrument

14.  Section 1 sets out the name of the Order.

15.  Section 2 provides for commencement of the Order.

16.  Section 3 states the purpose of the Order, which is to provide for the approval of training organisations.

17.  Section 4 sets out the provisions of the national law that provide the powers for the Order to be made.

18.  Section 5 provides a definition for terms used in the Order. It also contains notes referring to terms defined elsewhere.

19.  Section 6 provides that an application under the Order must be made in accordance with Marine Order 501 (Administration — national law) 2013.

20.  Section 7 sets out the power of the National Regulator to approve an organisation as a training organisation, or suspend, vary or revoke the approval.

21.  Section 8 requires the National Regulator to maintain the approved training organisation database.

22.  Section 9 sets out the requirements for an application under the Order.

23.  Section 10 sets out the criteria that must be met for an organisation to be approved as a training organisation.

24.  Section 11 sets out the conditions that apply to approval of a training organisation.

25.  Section 12 specifies the term of an approval.

26.  Section 13 sets out the criteria for suspension or revocation of an approval of an organisation as a training organisation.

Statement of compatibility with human rights

27.  This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Purpose and effect

28.  This instrument provides for approval of training organisations for qualifications required for operation of domestic commercial vessels.

29.  The instrument is made under the Marine Safety (Domestic Commercial Vessel) National Law and sets out requirements for the application for, issue by the National Regulator, and conditions that apply to the approval of training organisations.

Possible effect on human rights

30.  This instrument engages the right to work protected by Article 6 of the International Covenant on Economic, Social and Cultural Rights because it sets up the process for the approval of training organisations. However, that approval is subject to the requirement to remain registered with the Australian Skills Quality Authority, an organisation which approves standards for the training sector. The aim is to ensure that the training carried out by these organisations makes a positive contribution to the acquisition of skills for seafarers, which in turn contributes to safety at sea. To the extent that this instrument limits the right to work, those limitations are reasonable, necessary and proportionate.

31.  The maintenance of high quality training organisations also contributes to the ability of individuals to obtain work through acquisition of skills and training. In this way the instrument advances the protection of the right to work.

Assessment

32.  This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making the instrument

33.  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 506 (Approval of training organisations — national law) 2013 was introduced to address the need for a streamlined and unified approach to the approval of training organisations for the operation of domestic commercial vessels in Australia. Enacted under the authority of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, this Order was made by the Australian Maritime Safety Authority, acting as the National Marine Safety Regulator. Its primary objective is to ensure that training organisations meet specified criteria and conditions to provide high-quality training that contributes to maritime safety. The Order facilitates the application process for approval, sets the criteria and conditions for such approvals, and outlines the mechanisms for the suspension or revocation of these approvals. The Order does not alter the underlying policy of the national law but serves as a necessary regulatory instrument to implement its provisions effectively.

Scope and Application

The Marine Order 506 (Approval of training organisations — national law) 2013 is a legislative instrument designed to establish a regulatory framework for the approval of organisations that provide training for the operation of domestic commercial vessels in Australia. This Order applies to any person or organisation seeking approval to provide such training, as well as to the National Regulator, which is the Australian Maritime Safety Authority, responsible for making and managing these approvals. The Order outlines the criteria and conditions necessary for an organisation to be approved, the form of applications, and the criteria for suspension or revocation of approvals. It also mandates the National Regulator to maintain a database of approved training organisations. The Order operates nationally, replacing existing state and territory laws with a uniform national standard under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, thus ensuring a consistent approach to maritime safety across all jurisdictions in Australia. The Order does not set out specific exclusions or exemptions but ensures that approved training organisations meet stringent standards to contribute to the safety of crew and vessels in Australian waters.

Key Provisions

The Marine Order 506 (Approval of training organisations — national law) 2013 outlines the framework for the approval of training organisations that provide qualifications necessary for operating domestic commercial vessels in Australia. Section 7 of the Order provides that the Australian Maritime Safety Authority (AMSA), acting as the National Marine Safety Regulator, has the authority to approve organisations as training entities, as well as the power to suspend, vary, or revoke such approvals (Section 7). To apply for approval, an organisation must adhere to the requirements set out in Marine Order 501 (Administration – national law) 2013 (Section 6). The approval process is governed by specific criteria outlined in Section 10, which includes meeting certain standards and qualifications, and these criteria must be met for the organisation to be approved as a training entity (Section 10). Conditions that apply to the approval are detailed in Section 11, which may include operational standards, financial stability, and compliance with maritime safety regulations. The term of the approval is specified in Section 12, which may vary depending on the compliance and performance of the training organisation. Additionally, Section 13 sets out the criteria for suspension or revocation of an approval, which may include failure to meet the required standards or non-compliance with the conditions of approval. The Order imposes several obligations on the parties involved. Firstly, training organisations seeking approval must submit applications in accordance with the specified format and content requirements outlined in Section 9. Secondly, AMSA, as the National Regulator, must maintain an approved training organisation database, ensuring that all approved entities are accurately and up-to-date (Section 8). Thirdly, approved training organisations must adhere to the conditions of their approval and comply with any additional requirements set forth by AMSA. Failure to meet these obligations can lead to the suspension or revocation of their approval. Additionally, training organisations must ensure that their qualifications and training programs meet the necessary standards to contribute to the safety of domestic commercial vessels and their crews. Breaches of the requirements set out in the Marine Order can lead to various consequences, including civil and criminal penalties. Section 16 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 provides that an unauthorised person who contravenes a provision of the national law may be subject to a civil penalty. For instance, an organisation that operates without the required approval may face fines or other civil sanctions. Additionally, if an approved training organisation fails to meet the criteria for approval or violates the conditions of their approval, AMSA may suspend or revoke their approval, which can result in significant operational and reputational damage. In more severe cases, criminal offences may be applicable, leading to prosecution and potential imprisonment, depending on the nature and severity of the breach.

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Maritime Law
Instrument
Order
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Definitions & Interpretation
Regulatory Standards
Licensing & Registration
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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.