Marine Order 63 (MASTREP) 2013

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

Legislation au F2013L00837 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 63 (MASTREP) 2013 (Order 2013/5)

Authority

  1.    Subsection 339(1) of the Navigation Act 2012 (the Navigation Act) provides for regulations to be made prescribing matters requiring or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
  2.    Subsection 342(1) of the Navigation Act provides for the Australian Maritime Safety Authority (AMSA) to make an Order (a Marine Order), by legislative instrument, for any matter for which provision must or may be made by the regulations.
  3.    Subsection 221(1) of the Navigation Act provides that the regulations may make provision for, and in relation to, the reporting requirements of:

(a) foreign vessels that are in, or in the process of entering or leaving, the prescribed area in relation to a reporting matter; and

(b) all regulated Australian vessels in any area.

4.      As at the time of making this Order the Navigation Act had not commenced, subsection 4(2) of the Acts Interpretation Act 1901 was also relied on as authorising AMSA to make this Order.

5.      This Order is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

6.      This Order establishes a system for the reporting of movement of vessels that are in the MASTREP area.

7.      On becoming a party to the International Convention on Maritime Search and Rescue, 1979, Australia accepted responsibility for search and rescue for a significant part of the waters around Australia, described in this Order as the MASTREP area. The reporting requirements in this Order are also consistent with Australia’s obligations under Chapter V, Regulation 11 of the International Convention for the Safety of Life at Sea (SOLAS).

8.      This Order replaces the Marine Order 63 (AUSREP) which was made under the Navigation Act 1912. This Order is made under the Navigation Act which commences on 1 July 2013. The Navigation Act is a rewrite of the Navigation Act 1912 and continues to give effect to matters including safety of life at sea and vessel reporting.

Overview

9.      This Order renames the mandatory vessel reporting area as the MASTREP area, previously described as the AUSREP area.

10.  The method of mandatory position reporting in the MASTREP area continues to be AIS (automatic identification system), which is required to be fitted and operated on a vessel in accordance with Regulation 19.2.4 of Chapter V of SOLAS.

11.  Other mandatory reports, ie sailing plans, deviation reports and final reports, are no longer required under the Order.

Consultation

12.  A copy of the draft of this Order was circulated to over 350 stakeholders including industry organisations and interested government agencies. A list of these stakeholders may be obtained on request from AMSA. A copy of the draft was also placed on the AMSA website for public comment. No comments were received.

13.  The Office of Best Practice Regulation (OBPR) was also consulted, and considered that the changes were minor in nature and no Regulation Impact Statement was required. The OBPR reference number is ID 2013/14871.

Documents incorporated by reference

14.  Marine Order 56 (REEFREP) 2004 is available from http://comlaw.gov.au.

15.  The International Convention for the Safety of Life at Sea (SOLAS) is available from the Australian Treaty Series Library on the AustLII website at http://www.austlii.edu.au.

Commencement

16.  This Order commences on 1 July 2013.

Contents of this instrument

17.  Item 1 states the name of the Order.

18.  Item 2 states the Order commences on 1 July 2013.

19.  Item 3 states the purpose of the Order.

20.  Item 4 sets out the definitions of terms used in the Order.

21.  Item 5 describes the application of this Order to the vessels while in the MASTREP area.

22.  Item 6 imposes an obligation on the master of a vessel to make position reports in accordance with Schedule 1 of the Order. Schedule 1 sets out: how a position report is to be transmitted; the information to be included in a report; the standard of operation of AIS; and the requirement for reporting of an AIS malfunction. Breach of the position reporting obligation may result in a criminal or civil penalty under the Order.

23.  Item 7 prescribes the area of the MASTREP area for subsection 221(3) of the Navigation Act. The boundaries of this area are described in Schedule 2.

Statement of compatibility with human rights

24.  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.

Purpose

25.  This Order is made under the Navigation Act which commences on 1 July 2013. The Act is a rewrite of the Navigation Act 1912 and continues to give effect to Australia’s obligations under international conventions covering such matters as safety of life at sea and vessel reporting.

26.  This Order renames the mandatory vessel reporting area as the MASTREP area, previously known as the AUSREP area. It also provides that the only method of mandatory vessel reporting in the MASTREP area is to be AIS (automatic identification system), with this system required to be fitted and operated on a vessel in accordance with Regulation 19.2.4 of Chapter V of SOLAS.

Possible effect on human rights

27.  Article 12 of the International Covenant on Civil and Political Rights guarantees freedom of movement and applies to legal aliens as well as citizens of a state.

28.  While this Order concerns reporting of vessel movements, it does not in any way impose restrictions on a person’s freedom of movement. It facilitates vessel tracking by the mandatory reporting of specified information on a vessel’s position in Australia’s search and rescue area known as the MASTREP area. The purpose of this reporting is to promote safety of life at sea and the efficient and effective provision of search and rescue services by the AMSA Rescue Coordination Centre if there is a maritime incident. This Order does not impair, and is consistent with, the individual liberty of freedom of movement as described in Article 12 of the International Covenant on Civil and Political Rights.

29.  No other human right or freedom recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is engaged by this Order.

Assessment

30.  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 

31.  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 Authority Act 1990.

Overview

The Marine Order 63 (MASTREP) 2013 was introduced to address the need for a standardised system for vessel movement reporting in Australia's Maritime Search and Rescue area (MASTREP area), aligning with Australia's international obligations under the International Convention on Maritime Search and Rescue, 1979, and the International Convention for the Safety of Life at Sea (SOLAS). This Order was enacted by the Australian Maritime Safety Authority (AMSA) under the authority provided by subsection 342(1) of the Navigation Act 2012 and, prior to the commencement of the Act, by subsection 4(2) of the Acts Interpretation Act 1901. The primary policy objective of this Order is to enhance maritime safety through mandatory vessel position reporting using the Automatic Identification System (AIS) in the MASTREP area, facilitating more effective search and rescue operations. The Order replaces the previous Marine Order 63 (AUSREP) made under the Navigation Act 1912, coming into effect on 1 July 2013 alongside the new Navigation Act. It introduces the requirement for vessels to report their positions using AIS within the MASTREP area, ensuring compliance with SOLAS regulations. Other previously mandatory reports such as sailing plans, deviation reports, and final reports are no longer required under this Order. The Order was developed following consultations with over 350 stakeholders and was deemed minor in nature, thus not requiring a Regulation Impact Statement.

Scope and Application

The Marine Order 63 (MASTREP) 2013 applies to all vessels operating within the MASTREP area, which is defined as the maritime area around Australia for which Australia has accepted search and rescue responsibility as part of its international maritime search and rescue obligations. The Order specifically targets the masters of vessels who are required to make position reports while their vessels are in the MASTREP area, using the Automatic Identification System (AIS) in accordance with international standards set by the International Convention for the Safety of Life at Sea (SOLAS). This Order, made under the authority of the Navigation Act 2012, is applicable across the Commonwealth of Australia and extends to any vessel, whether foreign or Australian, that enters or is present in the MASTREP area. The Order does not apply to vessels outside this area. Subordinate instruments may further refine the specifics of reporting requirements, although the primary obligations and the definition of the MASTREP area are explicitly set out in this Order. The Order replaces the previous Marine Order 63 (AUSREP) 2004, aligning with Australia’s updated legislative framework and international obligations.

Key Provisions

The Marine Order 63 (MASTREP) 2013 (Order 2013/5) is a legislative instrument created under the authority of the Navigation Act 2012 and the Acts Interpretation Act 1901. It primarily concerns the reporting requirements for vessels in a specific area, known as the MASTREP area, which was previously referred to as the AUSREP area (section 9). The Order mandates the use of the Automatic Identification System (AIS) as the sole method for mandatory position reporting in this area (section 11). It also establishes the boundaries of the MASTREP area through Schedule 2. The obligations imposed by the Order are primarily on the master of a vessel operating in the MASTREP area. The most significant obligation is the requirement to make position reports in accordance with Schedule 1 (section 22). This includes the method of transmission, the information to be included in the report, the standard of operation of AIS, and the requirement to report any AIS malfunction. Failure to comply with these reporting obligations may result in civil or criminal penalties. Under the Order, there are potential consequences for non-compliance with the reporting obligations. The Order does not explicitly state the penalties but indicates that breaches may result in criminal or civil penalties (section 22). Although the specific penalties are not detailed within the Order itself, they would likely be outlined in the Navigation Act or other relevant legislation. The Order also addresses the compatibility with human rights, asserting that it does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies (section 24). It explains that while the Order concerns vessel reporting, it does not restrict a person's freedom of movement as guaranteed by Article 12 of the International Covenant on Civil and Political Rights (section 27). The Order's purpose is to promote safety of life at sea and enhance the efficiency of search and rescue operations.

Legal classification tags

Area of Law
Marine Law
Instrument
Order
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

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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.