Marine Order 53 (Vessels in polar waters) 2026

Explanatory Statement

Marine Order 53 (Vessels in polar waters) 2026 (Order 2026/6)

Authority

1.              Section 98 of the Navigation Act 2012 (the ‘Navigation Act’) provides that the regulations may provide for safety certificates including giving effect to the International Convention for the Safety of Life at Sea 1974 (SOLAS).
2.              Subsection 314 of the Navigation Act provides that regulations may provide for particular matters relating to certificates.
3.              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.
4.              Paragraph 339(2) of the Navigation Act provides that the regulations may provide for matters including the design and construction of vessels, the machinery and equipment to be carried on board vessels and the maintenance, testing, survey and certification of vessels.
5.              Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.
6.              Subsection 341(1) of the Navigation Act provides for the imposition of penalties in regulations.
7.              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 may be made by regulations.
8.              Subsection 342(4) provides that a Marine Order may provide for a matter by applying, adopting or incorporating, with or without modification, any matter contained in a document as in force or existing at a particular time or from time to time.
9.              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.
10.           This Marine Order is a legislative instrument for the Legislation Act 2003.

Purpose

1.           This Marine Order deals with certification requirements for vessels that undertake voyages in polar waters. It also sets out arrangements for the safe operation of vessels in polar waters. It gives effect to the Polar Code.
2.           For this reason, the Marine Order is exempt from sunsetting under item 1, section 11 of the Legislation (Exemptions and other matters) Regulation 2015.

Overview

1.           The Navigation Act implements Australia’s obligations under SOLAS. The Polar Code is a mandatory code under Chapter XIV of SOLAS and sets out requirements for the design, construction, equipment, operation, training, search and rescue and environmental protection matters for vessels operating in polar waters.
2.           This Marine Order updates Australia’s domestic implementation of the Polar Code to reflect changes to international safety requirements for certain non‑SOLAS vessels operating in polar waters.
3.           Non‑SOLAS vessels operating in polar waters — being fishing vessels of 24 metres length overall and above, yachts of 300 gross tonnage and upwards not engaged in trade, and cargo ships of 300 gross tonnage and upwards but below 500 gross tonnage — are required under the Polar Code to comply with new provisions relating to safety of navigation and voyage planning in specified circumstances.
4.           This Marine Order repeals and replaces Marine Order 53 (Vessels in polar waters) 2016.

Consultation

1.           A copy of the draft of this Marine Order was placed on AMSA’s website on 16 February 2026 for public consultation and it was open for comments until 15 March 2026. Around 170 stakeholders were contacted by email and invited to comment. These included vessel operators, Australian and international shipowners, classification societies, seafarer representative organisations, shipping industry peak bodies and unions, training organisations, and relevant government departments and agencies, and a group known as the Shipping Consultative Forum. The review was also advised on AMSA Consultation web page and as a news article on AMSA homepage.
2.           One response was received concerning the timeframe for the implementation of changes and seeking clarification of requirements — the response was taken into account in the preparation of the draft.
3.           For the changes made to the Marine Order, the following AMSA Regulation Impact Statement carve-out categories apply: 1(a)(i) (JSCOT changes), 1(a)(vii) (changes to mandatory IMO Codes, Guidelines or Standards), and 1a(ii) (minor editorial changes). The relevant Office of Impact Analysis (OIA) reference numbers are OIA23-06229, OIA24-07935 and OIA23-06166.

Documents incorporated by reference

1.           This Marine Order incorporates by reference parts of the following documents as in force from time to time:

• Marine Order 1 (Administration) 2013;
• the Polar Code adopted by IMO Resolution MSC. 385(94) and MEPC. 264(68);
• Chapters I and XIV of SOLAS
• IMO circular MSC.1/Circ. 1641 Guidelines for safety measures for fishing vessels of 24 m in length and over operating in polar waters
• IMO circular MSC.1/Circ.1642 Guidelines for safety measures for pleasure yachts of 300 gross tonnage and above not engaged in trade operating in polar waters.

1.           Marine Order 1 (Administration) 2013 is adopted 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) and is available for free from the Federal Register of Legislation.
2.           The Polar Code and SOLAS are incorporated as amended and in force from time to time. The Polar Code and SOLAS are in the Australian Treaties Library accessible online at the AustLII website at www.austlii.edu.au or the Australian Treaties Database at www.info.dfat.gov.au/treaties. A link to the Australian Treaties Library is available at the Marine Orders link on the AMSA website at www.amsa.gov.au.
3.           Information on obtaining access to IMO documents including IMO circulars MSC.1/Circ. 1641 Guidelines for safety measures for fishing vessels of 24 m in length and over operating in polar waters and MSC.1/Circ.1642 Guidelines for safety measures for pleasure yachts of 300 gross tonnage and above not engaged in trade operating in polar waters is available on the Marine Orders link on the AMSA website at www.amsa.gov.au.

Commencement

1.           The Marine Order commenced on 1 June 2026.

Contents of this instrument

1.           Section 1 sets out the name of the Marine Order.
2.           Section 1A provides for the commencement of the Marine Order.
3.           Section 2 states the purpose of the Marine Order, which is to give effect to the Polar Code other than Chapter 12 of Part I-A and Part II-A.
4.           Section 3 sets out the powers in the Navigation Act that enable the Marine Order to be made.
5.           Section 4 sets out definitions of terms used in the Marine Order.
6.           Section 5 sets out matters that assist with the interpretation of the Marine Order.
7.           Section 6 states the application of the Marine Order for a regulated Australian vessel, a recreational vessel that has Australian nationality, a foreign vessel and a vessel owned or operated by the Commonwealth and used on government non-commercial service in polar waters.
8.           Section 7 provides for the approval by AMSA of a design or arrangement as an alternative to complying with a requirement of Chapters 3, 6, 7 or 8 of the Polar Code.
9.           Section 8 enables an issuing body (AMSA or a recognised organisation) to issue an approval for a material, equipment, appendage or arrangement that is required by the Polar Code.
10.           Section 9 sets out the requirement for a regulated Australian vessel that operates in polar waters to have a Polar Ship Certificate.
11.           Section 10 specifies a Polar Ship Certificate as a safety certificate so that a person may apply for the issue of a Polar Ship Certificate under subsection 99(1) of the Navigation Act. A person must apply in accordance with Division 3 of Marine Order 1 (Administration) 2013.
12.           Section 11 sets out the criteria that must be satisfied for an issuing body to issue a Polar Ship Certificate.
13.           Section 12 sets out the conditions that apply to the issue of a Polar Ship Certificate.
14.           Section 13 states the duration of a Polar Ship Certificate.
15.           Section 14 enables an issuing body to make an endorsement on a Polar Ship Certificate for paragraph 12(a).
16.           Section 15 sets out the criteria for variation of a Polar Ship Certificate.
17.           Section 16 sets out the criteria for revocation of a Polar Ship Certificate.
18.           Section 17 provides that a foreign vessel must have a certificate that is issued in accordance with the Polar Code.
19.           Section 18 requires a foreign vessel to comply with the requirements of Chapter XIV of SOLAS and the Polar Code that its flag state apply to it.
20.           Subsection 19(1) provides that it is an offence if a master or owner of a vessel takes a regulated Australian vessel to sea without a polar water operational manual on board. Strict liability applies to the offence in subsection 19(1) with a maximum penalty of 50 penalty units and a person is also liable to civil penalty to a maximum of 50 penalty units. At the time of making of this instrument, a penalty unit was $330.
21.           Subsection 20(1) provides that it is an offence if a master or owner of a vessel does not have on board nautical information and navigational systems and equipment. Subsection 20(2) limits the scope of the offence so that the requirement concerning nautical information and navigational equipment functionality does not apply to the specified vessels. This reflects the application permitted under Chapter XIV of SOLAS and the Polar Code for domestic implementation. Subsection 20(3) provides a delayed commencement for the requirement for pre-existing vessels to provide a practical transition period. Strict liability applies to the offence with a maximum penalty of 50 penalty units and a person is also liable to civil penalty to a maximum of 50 penalty units. At the time of making of this instrument, a penalty unit was $330.
22.           Subsection 20(4) provides that it is an offence if the master of a vessel does not produce to an inspector on request documentary evidence that relates to compliance with the requirement set out in subsection (1) as qualified by subsection (2). Examples of documentary evidence may be published on the AMSA website and might include class documentation, equipment lists, manufacturer specifications, and operational procedures for the vessel. Strict liability applies to the offence with a maximum penalty of 50 penalty units and a person is also liable to civil penalty to a maximum of 50 penalty units. At the time of making of this instrument, a penalty unit was $330.
23.           Subsection 21(1) provides that it is an offence if a master of a regulated Australian vessel does not have in place a voyage plan for any voyage in polar waters. In subsection 21(2), there is also a criminal offence created to ensure that certain non-SOLAS vessels also have a voyage plan. Subsection 21(3) provides a delayed commencement for the requirement for pre-existing vessels to provide a practical transition period. Subsection 21(4) further provides that it is an offence if the master does not produce to an inspector the voyage plan on request. Strict liability applies to offences with a maximum penalty of 50 penalty units and a person is also liable to civil penalty to a maximum of 50 penalty units. At the time of making of this instrument, a penalty unit was $330.

Statement of compatibility with human rights

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

Overview of the legislative instrument

1.           The Navigation Act implements Australia’s obligations under the International Convention for the Safety of Life at Sea (SOLAS). SOLAS deals with internationally accepted standards for certification of vessels and arrangements for the safe operation of vessels. This Marine Order gives effect to the Polar Code that is a mandatory code for vessels operating in polar waters that are subject to Chapter XIV of SOLAS.

Human rights implications

1.           Sections 19, 20 and 21 of the Marine Order create offences to which strict liability applies. They also create civil penalties. Strict liability offences may engage and limit the presumption of innocence mentioned in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Civil penalty provisions may engage the criminal process provisions under Articles 14 and 15 of the ICCPR.
2.           In section 19, a criminal offence has been created to ensure that no regulated Australian vessel to which Chapter I of SOLAS applies operates in polar waters without a polar water operational manual on board. Without this manual, the owner, operator, master or crew might not have sufficient information about a vessel’s operational capabilities and limitations that are necessary to support their decision making. Any failure on board the vessel may jeopardise safety with accidents exacerbated by the extreme conditions and isolation of polar waters. Given the obviously higher than normal operational risks of operating in polar waters, strict liability is imposed to ensure proper precautions are followed for the safety of vessels operating in extreme conditions and for the persons on board those vessels. The offence carries a low penalty of 50 penalty units. A civil penalty of 50 penalty units is also imposed.
3.           In subsection 20(1), a criminal offence has been created to ensure that a vessel subject to the provision has information and navigational systems and equipment in compliance with the Polar Code for safety reasons. The polar environment is harsh with navigational hazards, ice accumulation on vessels, rapidly changing weather, poor visibility and isolation making the reliability of information and navigational systems essential. Strict liability is imposed to ensure owners and masters give proper consideration to the type of systems needed for a vessel to continue to receive and display up-to-date information and also perform effectively in polar conditions. The standards required to be met are set out in Chapter 9-1 of Part 1-A of the Polar Code being an internationally recognised baseline. In subsection 20(4), there is a further criminal offence for the master to produce documentary evidence demonstrating compliance. Strict liability is imposed to support enforcement as evidence needs to be immediately available and checked while an inspector is on board the vessel. Both offences carry a low penalty of 50 penalty units. A civil penalty of 50 penalty units is also imposed for each.
4.           In subsection 21(1), a criminal offence has been created to ensure that a regulated Australian vessel to which the provision applies has a voyage plan in place when operating in polar waters. The voyage plan sets out the route through polar waters and must take into account the potential hazards mentioned in Chapter 11 of the Polar Code. A voyage plan provides the master, operator and crew with the information needed for a vessel to navigate safely through polar waters. In subsection 21(2), there is also a criminal offence created to ensure that certain non-SOLAS vessels also have a voyage plan. Strict liability is imposed to ensure a master properly plans in accordance with the internationally recognised baseline being Chapter 11 of the Polar Code. Both offences carry a low penalty of 50 penalty units. A civil penalty of 50 penalty units is also imposed for each.
5.           In subsection 21(4), there is a further criminal offence for the master to produce the voyage plan to demonstrate compliance. Strict liability is imposed to support enforcement as the voyage plan needs to be immediately available and checked while an inspector is on board the vessel. Strict liability is imposed to ensure masters give proper consideration in deciding a route for the safety of the vessel and persons on board. The offence carries a low penalty of 50 penalty units. A civil penalty of 50 penalty units is also imposed.
6.           The penalties are low (50 penalty units) and the penalty provisions are directed at owners and masters of vessels, rather than the community at large. The penalty provisions are requirements that are regulatory in nature to achieve compliance with internationally accepted standards. The penalty provisions in this Marine Order are authorised by subsection 341(1) of the Navigation Act.
7.           Strict liability offences may engage and limit the presumption of innocence mentioned in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Civil penalty provisions may engage the criminal process provisions under Articles 14 and 15 of the ICCPR. However, having regard to the objectives of the civil penalty provisions in this Marine Order and the low level of penalty, the civil penalties should not be considered to be criminal matters for human rights law.

Conclusion

1.           AMSA considers that this instrument is compatible with the rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate to the objective of safety of life at sea.

Making the instrument

1.           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.