Explanatory Statement
Marine Order 59 (Offshore support vessel operations) Repeal Order 2017 (Order 2017/2)
Authority
- The Navigation Act 2012 (the Navigation Act) provides for this Order to be made.
- 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 Act.
- Subsection 342(1) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for which provision must or may be made by regulations.
- 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.
- This Order was made under subsection 342(1) of the Navigation Act and is a legislative instrument for the Legislation Act 2003.
Purpose
6. This Order repeals Marine Order 59 (Offshore support vessel operations) 2011.
Overview
7. Marine Order 59 (Offshore support vessel operations) 2011 deals with the safety of people engaged in loading or unloading offshore support vessels, the safe navigation and operation of offshore support vessels, and the safety of people, including pilots, going on or coming from, or on board, offshore support vessels.
8. Marine Order 59 (Offshore support vessel operations) 2011 was made under the Navigation Act 1912, which was replaced by the Navigation Act 2012. Unlike the Navigation Act 1912, the Navigation Act 2012 does not provide the power to regulate occupational health and safety matters, or vessel operations not related to the implementation of international conventions, the requirements of vessel certificates or cargo operations.
9. Worker’s compensation and work health and safety arrangements for people and operations for certain offshore vessels are provided for in the Seafarers Rehabilitation and Compensation Act 1992 (Cth) and the Occupational Health and Safety (Maritime Industry) Act 1993 (Cth).
10. In addition, offshore support vessel operations are regulated under a number of Marine Orders. Marine Order 32 (Cargo handling equipment) 2016 deals with the unloading and loading of vessels, including offshore industry mobile units at an Australian port or in the Australian territorial sea. Marine Order 41 (Carriage of dangerous goods) 2009 deals with the carriage on certain vessels of cargo, including the loading, stowage, carriage and unloading of cargo, under subsection 112(4) of the Navigation Act. Marine Order 42 (Carriage, stowage and securing of cargoes and containers) 2016 deals with the loading, stowing or carriage of cargo in certain vessels. Marine Order 58 (Safe management of vessels) 2015 deals with the safe management and operation of vessels and pollution prevention by giving effect to Chapter IX of the International Convention for the Safety of Life at Sea, 1974.
Consultation
11. AMSA consulted on the proposed repeal of Marine Order 59 (Offshore support vessel operations) 2011 with key stakeholders during 2014 to 2015. A copy of the draft of this Order was then placed on the AMSA website for public consultation for four weeks, from 8 March to 13 April 2017. Some 70 stakeholders, including recognised organisations, shipping industry bodies, seafarer representative organisations and interested government agencies, were invited to comment on the draft. No comments were received during consultation.
12. The Office of Best Practice Regulation (OBPR) was also consulted and considered that the Order is not likely to have regulatory impacts and no regulation impact statement is required. The OBPR reference number is 21925.
Commencement
13. This Order commenced on the day after it was registered.
Contents of this instrument
14. Section 1 sets out the name of the Order.
15. Section 2 provides for the commencement of the Order.
16. Section 3 repeals Marine Order 59 (Offshore support vessel operations) 2011.
Statement of compatibility with human rights
17. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
18. This Order repeals Marine Order 59 (Offshore support vessel operations) 2011. Other legislative arrangements are in place to protect the work health and safety of people working on offshore support vessels and other Marine Orders regulate the loading, stowage, carriage and unloading of cargo on or from those vessels.
19. 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
20. 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.