Marine Order Amendment (Marine Order 53 — consequential changes) Order 2026

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

Legislation au F2026L00554 In force Legislative Instrument

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Explanatory Statement

Marine Order Amendment (Marine Order 53 — consequential changes) Order 2026 (Order 2026/7)

Authority

  1. Subsection 339(1) of the Navigation Act 2012 (the ‘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 instrument was made under subsection 342(1) and is a legislative instrument for the Legislation Act 2003.

Purpose

  1. This instrument is an amending Marine Order and makes amendments consequential to the making of Marine Order 53 (Vessels in polar waters) 2026 (Marine Order 53 2026) that replaces Marine Order 53 (Vessels in polar waters) 2016 (Marine Order 53 2016).

Overview

  1. This instrument is an amending Marine Order and updates provisions in Marine Order 31 (SOLAS and non-SOLAS certification) 2019 (Marine Order 31) consequential to the making of Marine Order 53 2026.
  2. Marine Order 31 is exempt from sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015, section 11 item 01.

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 timeframe for the implementation of changes to Marine Order 53 2026 and seeking clarification of requirements — the response was taken into account in the preparation of the draft..
  3.           For changes 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.           Marine Order 53 2026 becomes a document incorporated by reference in Marine Order 31.
  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 53 2026 is adopted as in force from time to time because it is adopted by reference to title. It can be accessed through the marine orders link on the AMSA website at www.amsa.gov.au and is available for free download from the Federal Register of Legislation through that link.

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 2 provides for the commencement of the Marine Order.
  3.           Section 3 states the purpose of the Marine Order which is to amend Marine Order 31 in accordance with Schedule 1.
  4.           Schedule 1 sets out changes to update a note in section 16 and also updates Schedule 2 of Marine Order 31 to reference Marine Order 53 2026 making compliance with that Order a requirement for the issue of two kinds of safety certificates — the Certificate of Survey for a Cargo Vessel >10 m in length (other than a Fishing Vessel); and the Certificate of Survey for a Fishing Vessel >10 m in length.

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 instrument makes amendments consequential to the making of Marine Order 53 (Vessels in polar waters) 2026. Changes are made to Marine Order 31 (SOLAS and non-SOLAS certification) 2019 to specify compliance with Marine Order 53, if applicable, as a requirement for the issue of two kinds of safety certificates.

Human rights implications

  1.           This instrument does not engage any of the applicable rights or freedoms as the changes apply standards to vessel operations to ensure safety in the circumstances of polar waters.

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 Acting 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 53 — consequential changes) Order 2026 was enacted to make necessary amendments to Marine Order 31 (SOLAS and non-SOLAS certification) 2019, following the introduction of Marine Order 53 (Vessels in polar waters) 2026. This amending order was made under the authority of the Navigation Act 2012, allowing the Australian Maritime Safety Authority (AMSA) to update regulatory provisions to ensure compliance with the new polar water vessel regulations. The instrument was developed in consultation with various stakeholders, including vessel operators, shipowners, and industry peak bodies, and underwent a public consultation period. The primary purpose of the order is to ensure that compliance with the new Marine Order 53 is a requisite for the issuance of specific safety certificates for cargo and fishing vessels over 10 meters in length operating in polar waters. The order also incorporates Marine Order 53 2026 as a document referenced in Marine Order 31, facilitating ease of access and compliance monitoring.

Scope and Application

The Marine Order Amendment (Marine Order 53 — consequential changes) Order 2026 amends Marine Order 31 (SOLAS and non-SOLAS certification) 2019 to integrate changes made by Marine Order 53 (Vessels in polar waters) 2026, which replaced Marine Order 53 2016. This amending Order applies to vessels over 10 meters in length, including cargo and fishing vessels, and requires compliance with the updated standards set out in Marine Order 53 for safety certification. The Order ensures that the issuance of specific certificates, namely the Certificate of Survey for a Cargo Vessel and the Certificate of Survey for a Fishing Vessel, both greater than 10 meters in length, necessitates adherence to the revised safety protocols relevant to polar waters. The amendments are applicable nationally and are intended to maintain high safety standards in maritime operations. This instrument was developed under the authority of the Navigation Act 2012 and the Australian Maritime Safety Authority Act 1990, and it has been subjected to public consultation to gather feedback from relevant stakeholders.

Key Provisions

The key operative sections of the Marine Order Amendment (Marine Order 53 — consequential changes) Order 2026 (Order 2026/7) are found in section 3, which outlines the purpose of the Order, and in Schedule 1, which details the specific amendments to Marine Order 31 (SOLAS and non-SOLAS certification) 2019. Section 3 explains that the purpose of the Order is to amend Marine Order 31 in accordance with the changes specified in Schedule 1. Schedule 1 updates a note in section 16 and revises Schedule 2 of Marine Order 31 to require compliance with Marine Order 53 2026, which pertains to vessels operating in polar waters. Specifically, it makes compliance with Marine Order 53 2026 a requirement for the issue of the Certificate of Survey for a Cargo Vessel greater than 10 meters in length (excluding fishing vessels) and the Certificate of Survey for a Fishing Vessel greater than 10 meters in length. The obligations imposed by the Order on the parties it governs include compliance with the updated requirements set out in Marine Order 31. Vessel operators, shipowners, classification societies, and other stakeholders must ensure that their vessels meet the safety and operational standards specified in Marine Order 53 2026, particularly when operating in polar waters. This includes adhering to the updated notes and requirements regarding the issuance of the relevant certificates of survey. The Order also mandates that Marine Order 53 2026 be adopted as a document incorporated by reference in Marine Order 31, making it an integral part of the regulatory framework governing vessel operations and safety certification. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Order. However, non-compliance with the updated requirements could potentially lead to the denial of the issuance of safety certificates, which could result in vessels being unable to operate legally. The potential consequences of not complying with these requirements include the inability to obtain necessary certifications, which could lead to vessels being barred from entering or operating in certain waters, thereby impacting their operational viability and potentially leading to financial losses for vessel operators and owners.

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Maritime Law
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Order
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Commencement Provisions
Regulatory Standards
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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.