Marine Order Amendment (Marine Order 28 — consequential changes) Order 2025

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

Legislation au F2025L00739 Not in force Legislative Instrument

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Explanatory Statement

Marine Order Amendment (Marine Order 28 — consequential changes) Order 2025 (Order 2025/3)

Authority

  1.       Subsection 339(1) of the Navigation Act 2012 (Navigation Act) authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
  2.       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.
  3.       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.
  4.       This amending Marine Order was made under subsection 342(1) and is a legislative instrument for the Legislation Act 2003.

Purpose

  1.       This amending Marine Order makes amendments consequential to the making of Marine Order 28 (Operation standards and procedures) 2025 (Marine Order 28 2025) that replaces Marine Order 28 (Operation standards and procedures) 2015.

Overview

  1.       This amending Marine Order revises three outdated refences that need correcting as a result of the making of Marine Order 28 2025.

Consultation

  1.       A copy of the draft of Marine Order 28 2025 was placed on AMSA’s website on 21 October 2024 for public consultation with comments to be provided by 2 December 2024. Around 110 stakeholders were contacted by email and invited to comment. These included vessel operators, seafarer representative organisations, relevant government agencies and a group known as the Shipping Consultative Forum. The review was also advised on social media and as an AMSA news article.
  2.       The Office of Impact Analysis considers that the changes made by the Marine Order have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA numbers are 23-06166, 24-07934 and 24-07935.

Documents incorporated by reference

  1.       Marine Order 28 2025 becomes a document incorporated by reference in Marine Order 11 with Marine Order 28 (made in 2015) replaced.
  2.   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), Marine Order 28 is adopted as in force from time to time because it is adopted by reference to title. Any Marine Order can be accessed through the marine orders link on the AMSA website at www.amsa.gov.au and are available for free download from the Federal Register of Legislation through that link.

Commencement

  1.   This amending Marine Order commences immediately after the commencement of Marine Order 28 (Operation standards and procedures) 2025.

Contents of this instrument

  1.           Section 1 sets out the name of the Marine Order.
  2.           Section 2 provides for the commencement of the Marine Order.
  3.           Section 3 provides that Schedule 1 sets out consequential amendments.
  4.           Schedule 1 sets out 3 substitutions in Marine Order 11 (Living and working conditions on vessels) 2024. The changes occur in 2 provisions which make reference to the outdated version of Marine Order 28.

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.   This amending Marine Order makes amendments consequential to the making of Marine Order 28 (Operation standards and procedures) 2025. Changes are made to Marine Order 11 (Living and working conditions on vessels) 2024 as a result of the name change to Marine Order 28 following its repeal and replacement. Two provisions in Marine Order 11 are affected.

Human rights implications

  1.   This amending Marine Order does not engage any of the applicable rights or freedoms.

Conclusion

  1.   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

  1.   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 Amendment (Marine Order 28 — consequential changes) Order 2025, enacted under the Navigation Act 2012, addresses the need to update outdated references in Marine Order 11 following the replacement of Marine Order 28 in 2015. This amendment was made necessary to ensure consistency and accuracy in maritime operational standards and procedures. The Australian Maritime Safety Authority (AMSA), the enacting body, aimed to streamline maritime regulations by correcting references that were rendered obsolete by the new Marine Order 28. The Order was developed after a consultation process involving key stakeholders, including vessel operators and seafarer representative organisations, to ensure the changes were practical and widely accepted. The Order ensures that the maritime regulatory framework remains current and effective, thereby supporting safe and efficient maritime operations in Australia.

Scope and Application

The Marine Order Amendment (Marine Order 28 — consequential changes) Order 2025 applies to entities and individuals involved in maritime operations within Australian waters, primarily targeting vessel operators, seafarer representative organisations, and relevant government agencies. The order is instrumental in ensuring that maritime operations adhere to updated operational standards and procedures as stipulated by Marine Order 28 (Operation standards and procedures) 2025, which replaced the 2015 version. This legislative instrument aims to correct outdated references in Marine Order 11 (Living and working conditions on vessels) 2024, which references the new 2025 version of Marine Order 28, thereby ensuring that maritime operations are conducted in accordance with the most current regulatory standards. The amendments made by the Order extend across the Commonwealth of Australia, aligning with the jurisdictional reach of the Navigation Act 2012, under which the Australian Maritime Safety Authority (AMSA) has the authority to make such consequential changes. The Order does not explicitly state any exclusions, exemptions, or thresholds, but it is crafted to maintain the integrity and relevance of maritime regulations as they evolve. The legislative instrument also notes that it is compatible with human rights, as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary sections of the Marine Order Amendment (Marine Order 28 — consequential changes) Order 2025 (Order 2025/3) concern the necessary adjustments to existing marine orders as a result of the replacement of Marine Order 28 (Operation standards and procedures) 2015 with Marine Order 28 (Operation standards and procedures) 2025. Section 1 identifies the name of the Marine Order, while Section 2 specifies its commencement immediately after the new Marine Order 28 2025. Section 3 directs that Schedule 1 outlines the consequential amendments, which involve updating outdated references in Marine Order 11 (Living and working conditions on vessels) 2024. The amendments made in Schedule 1 consist of three substitutions in Marine Order 11, updating the references to the outdated version of Marine Order 28 (sections 3(a) and 3(b) of Schedule 1). The obligations imposed by this Marine Order primarily involve updating and maintaining accurate and current references within the existing marine orders to reflect the changes made by Marine Order 28 2025. The amendments ensure that all references to the superseded Marine Order 28 2015 are replaced with references to the new Marine Order 28 2025. This requirement falls under the purview of the Australian Maritime Safety Authority (AMSA), which is responsible for ensuring that marine orders remain current and reflect any changes made in related legislation or orders. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Marine Order. However, failure to comply with the updated references and provisions set out in the Marine Orders could potentially lead to non-compliance with maritime safety and operational standards, which might result in regulatory action by AMSA or other relevant authorities. While the specific penalties for non-compliance are not detailed in this Marine Order, they would be in accordance with the applicable provisions of the Navigation Act 2012 and any other relevant maritime legislation.

Legal classification tags

Area of Law
Maritime Law
Instrument
Order
Concepts
Commencement Provisions
Regulatory Standards
Delegated & Subordinate Legislation

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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.