Marine Orders Amendment (Marine Order 11 — consequential changes) Order 2024

Overview

The Marine Orders Amendment (Marine Order 11 — consequential changes) Order 2024 (Order 2024/4) was enacted to update and rectify outdated references in existing marine orders following the introduction of Marine Order 11 2024, which replaced Marine Order 11 2015. The purpose of this amendment is to ensure the continued relevance and applicability of maritime regulations by aligning references across related marine orders. This legislative instrument was authorised under subsection 342(1) of the Navigation Act 2012, enabling the Australian Maritime Safety Authority (AMSA) to make necessary changes to marine orders for matters covered by the Act. The policy objective is to streamline and modernise maritime regulatory frameworks to enhance compliance and operational efficiency within the maritime industry. The Order was developed following consultations with around 130 stakeholders, including seafarer representative organisations, vessel operators, and relevant government agencies. The Office of Impact Analysis determined that the changes have a minor regulatory impact and did not necessitate a regulation impact statement.

Scope and Application

The Marine Orders Amendment (Marine Order 11 — consequential changes) Order 2024 applies to entities and persons within the maritime industry in Australia, specifically targeting amendments consequential to the changes introduced in Marine Order 11 2024. This Order aims to revise outdated references in Marine Order 2 and Marine Order 71, ensuring the continued effectiveness and relevance of these regulations in light of the new Marine Order 11. It applies to all vessels and maritime operations within Australia's territorial jurisdiction, affecting vessel operators, seafarer representative organisations, and other stakeholders involved in the maritime sector. The Order does not specify any exclusions, exemptions, or thresholds; instead, it focuses on updating references to maintain regulatory coherence. The Order extends its application through subordinate instruments by aligning existing regulations with the updated Marine Order 11, ensuring a streamlined and consistent regulatory framework.

Key Provisions

The Marine Orders Amendment (Marine Order 11 — consequential changes) Order 2024 (Order 2024/4) primarily serves to update and rectify outdated references in Marine Order 2 (Australian International Shipping Register) 2016 and Marine Order 71 (Masters and deck officers) 2023 following the introduction of Marine Order 11 2024, which replaced Marine Order 11 2015. This is achieved through the authority granted under subsection 342(1) of the Navigation Act 2012, which 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 (section 2). The amendments are detailed in Schedule 1, which includes specific changes to ensure the continued relevance and accuracy of the referenced marine orders. Entities governed by these marine orders, including vessel operators, masters, and deck officers, must ensure that their practices and procedures comply with the updated references as outlined in the Marine Orders Amendment Order 2024. This involves updating internal documentation, training materials, and operational procedures to reflect the changes made by the amendment. Additionally, seafarer representative organisations and relevant government agencies must also take into account these updates in their advisory and regulatory roles. Failure to comply with the provisions of this Marine Order may result in regulatory action by AMSA, which could include fines or other penalties as stipulated by the Navigation Act 2012. While the exact penalties are not specified in the Order itself, they would typically align with those outlined in the primary Act. These penalties can include substantial financial fines, which can vary depending on the severity and frequency of the breach, as well as potential criminal charges for serious or repeated non-compliance. The Office of Impact Analysis has determined that the changes made by this Marine Order have regulatory impacts of a minor or machinery nature, thus no regulation impact statement is required. The Marine Order is designed to streamline and clarify existing regulatory frameworks without imposing significant additional burdens on the entities it governs. By ensuring that references are current and accurate, the Order helps maintain a consistent and effective regulatory environment for maritime operations in Australia.