Explanatory Statement
Marine Order Amendment (Marine Order 504 — consequential changes) Order 2024 (Order 2024/6)
Authority
- 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, provides for this Marine Order to be made.
- Division 5 of Part 4 of the national law provides for matters that can be prescribed in the regulations for certificates of operation for domestic commercial vessels.
- Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.
- Subsection 163(1) of the national law provides that the National Regulator may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the section.
- 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 Marine Order is a legislative instrument for the Legislation Act 2003.
Purpose
- This amending Marine Order makes amendments consequential to the making of Marine Order 504 (Certificates of operation — national law) 2024 (Marine Order 504 2024) that replaces Marine Order 504 (Certificates of operation and operation requirements — national law) 2018.
Overview
- This amending Marine Order revises two outdated references in Marine Order 505 (Certificates of competency — national law) 2022 (Marine Order 505) as a result of making Marine Order 504 2024.
Consultation
- Prior to the commencement of drafting Marine Order 504, extensive policy consultation was undertaken with the domestic commercial vessel industry. An Industry Reference Group was established comprising representatives from the domestic commercial vessel sector. This group was consulted throughout the drafting process.
- The public consultation for Marine Order 504 commenced on 28 May 2024 for a period of eight and a half weeks. A dedicated consultation hub was provided on the AMSA website with information and guidance on the proposed changes. This was complemented by an online webinar held on 7 June 2024 to present information on the proposed changes to external stakeholders. Over 100 industry representatives attended the webinar, and a recording of the event was published on the AMSA website for a period of three months.
- The Office of Impact Analysis (OIA) was also consulted, and a preliminary assessment form was provided for their consideration and advice. The OIA advised that a detailed impact analysis was not required under the Australian Government’s Policy Impact Analysis Framework. The OIA reference number is OIA23-06166.
Documents incorporated by reference
- There are no documents incorporated by reference by this amending Marine Order. However, changes are made to Marine Order 505 to update the name of the instrument replaced by Marine Order 504 2024. A further change to a cross-reference is necessary due to a reordering of provisions in Marine Order 504 2024.
Commencement
- This Marine Order commenced immediately after the commencement of Marine Order 504 2024.
Contents of this instrument
- Section 1 sets out the name of the Marine Order.
- Section 2 provides for the commencement of the Marine Order.
- Section 3 states the purpose of the Marine Order which is to amend Marine Order 505.
- Schedule 1 sets out two changes to Marine Order 505 to update references to Marine Order 504 2024.
Statement of compatibility with human rights
- This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument and human rights implications
- This amending Marine Order revises two outdated references in Marine Order 505 as a result of making Marine Order 504 2024.
- AMSA considers that this instrument does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
- 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 504 — consequential changes) Order 2024 was enacted to address the need for updating references within existing Marine Orders following the replacement of Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 by Marine Order 504 (Certificates of operation — national law) 2024. This Order was introduced by the Australian Maritime Safety Authority (AMSA) under the authority granted by the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. The policy objective of this Order is to ensure consistency and accuracy across the regulatory framework governing domestic commercial vessels by correcting outdated references in Marine Order 505 (Certificates of competency — national law) 2022. This amendment maintains the coherence and effectiveness of the marine safety regulations, reflecting the recent legislative changes and ensuring that the regulatory framework remains current and relevant to industry practices.
Scope and Application
The Marine Order Amendment (Marine Order 504 — consequential changes) Order 2024 applies to the domestic commercial vessel industry within Australia, specifically addressing the operational aspects of such vessels as governed by the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. The Order is designed to update and amend certain references in Marine Order 505 (Certificates of competency — national law) 2022, ensuring consistency and accuracy in regulatory references following the enactment of Marine Order 504 (Certificates of operation — national law) 2024. This amendment aims to maintain the integrity and effectiveness of the regulatory framework governing the operation of domestic commercial vessels across the nation. The Order does not extend beyond the scope of the national law, and its amendments are confined to the references within Marine Order 505 that need updating due to the changes in Marine Order 504.
Key Provisions
The Marine Order Amendment (Marine Order 504 — consequential changes) Order 2024 (Order 2024/6) primarily serves to update outdated references in Marine Order 505 (Certificates of competency — national law) 2022, necessitated by the introduction of Marine Order 504 (Certificates of operation — national law) 2024. Section 3 of the Order states that its purpose is to amend Marine Order 505. This is achieved through Schedule 1, which specifies two key changes: updating the name of the instrument replaced by Marine Order 504 2024 and making a further change to a cross-reference due to the reordering of provisions in Marine Order 504 2024. These changes ensure that the references within Marine Order 505 are current and correctly aligned with the newly implemented Marine Order 504 2024.
The Order imposes specific obligations on the parties and entities governed by the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. Those involved in the operation and certification of domestic commercial vessels must ensure that their practices and documentation comply with the updated references as specified in Marine Order 505. This includes operators, certification authorities, and vessel owners who need to stay abreast of the changes and adjust their operations and certifications accordingly. The Order's provisions are designed to maintain a consistent and updated regulatory framework, ensuring that all stakeholders are aware of the most recent requirements and standards.
Under the Order, there are no specific offences or penalties outlined for breaches of the amendments made. However, non-compliance with the updated requirements could result in broader consequences under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and associated regulations. Operators who fail to comply with the updated references and requirements may face penalties as prescribed in the national law, which could include fines or other administrative actions. It is essential for all parties to adhere to the updated references to avoid any potential repercussions that could arise from non-compliance with the legislative requirements.
The Marine Order Amendment (Marine Order 504 — consequential changes) Order 2024 is a legislative instrument made under the authority of the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with the Australian Maritime Safety Authority Act 1990. The Order was drafted following extensive consultation with the domestic commercial vessel industry, ensuring that the changes are well-informed and reflect industry needs. The consultation process included the establishment of an Industry Reference Group and a public consultation period, which provided valuable feedback and insights. This comprehensive approach ensures that the amendments are practical and effectively address the changes introduced by Marine Order 504 2024.