Marine Orders Amendment (Marine Order 31 — consequential changes) Order 2019

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

Legislation au F2019L01327 Not in force Legislative Instrument

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Explanatory Statement

Marine Orders Amendment (Marine Order 31 — consequential changes) Order 2019 (Order 2019/3)

Authority

  1.           Subsection 339(1) of 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 339(2) of the Navigation Act provides that the regulations may provide for the matters mentioned in that provision for the safe operation of vessels.
  3.           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.
  4.           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.
  5.           This Marine Order is a legislative instrument for the Legislation Act 2003.

Purpose

6. This Marine Order makes consequential amendments to Marine Orders 16, 43, 52, 57 and 58 arising from the making of Marine Order 31 (SOLAS and non-SOLAS certification) 2019.

Overview

7. This Marine Order corrects a number of references to Marine Order 31 that have become out dated as a result of the making of Marine Order 31 (SOLAS and non-SOLAS certification) 2019 that repealed Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003.

Consultation

8. A copy of the draft Marine Order was not publicly consulted, but a copy was provided to the 9 recognised organisations who are issuing bodies for the purpose of dealing with safety certificates. There were no comments received.

9. The changes made by the Order have regulatory impacts of a minor or machinery nature and no regulation impact statement was required. The OBPR reference number is 16724.

Documents incorporated by reference

10.          This Marine Order incorporates by reference parts of the following documents:

  • Marine Order 31 (SOLAS and non-SOLAS certification) 2019
  • International Convention for the Safety of Life at Sea (SOLAS).

11.          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 31 (SOLAS and non-SOLAS certification) 2019 is adopted as in force from time to time because it is adopted by reference to its title.

12.          The manner of incorporation of SOLAS is as in force from time to time (see section 6 of Marine Order 1 (Administration) 2013 and definition for Safety Convention in section 14 of the Navigation Act). The Convention is a treaty and available for free on the Australian Treaties Database at http://www.info.dfat.gov.au/treaties.

Commencement

13.          This Marine Order commences immediately after the commencement of Marine Order 31 (SOLAS and non-SOLAS certification) 2019.

Contents of this instrument

14.          Section 1 sets out the name of this Marine Order.

15.          Section 2 provides for the commencement of the Marine Order.

16.          Section 3 provides that Schedule 1 sets out the consequential amendments to Marine Orders.

17.          Item 1 of Schedule 1 provides that paragraph 25(5)(a) of Marine Order 16 (Load Lines) 2014 is amended. An out dated instrument reference is replaced by mention of Marine Order 31 (SOLAS and non-SOLAS certification) 2019.

18.          Item 2 of Schedule 1 provides that section 4 of Marine Order 43 (Cargo and cargo handling — livestock) 2018 is amended. It substitutes the definition of classification society with the purpose to replace the outdated instrument reference.

19.          Item 3 of Schedule 1 sets out an amendment to section 4 of Marine Order 52 (Yachts and training vessels) 2016. The definition of non-SOLAS certificate is substituted with the purpose to replace the outdated instrument reference.

20.          Item 4 of Schedule 1 substitutes the outdated instrument reference in note 3 for section 10 of Marine Order 52 (Yachts and training vessels) 2016.

21.          Item 5 of Schedule 1 substitutes the outdated instrument reference in subparagraph 20(b)(i) of Marine Order 52 (Yachts and training vessels) 2016.

22.          Item 6 of Schedule 1 substitutes the note for subsection 27(1) of Marine Order 52 (Yachts and training vessels) 2016. The outdated instrument reference is replaced and text of the note adjusted to reflect the rearrangement of requirements in Marine Order 31 (SOLAS and non-SOLAS certification 2019).

23.          Item 7 of Schedule 1 substitutes the outdated instrument reference in paragraph 29(a) of Marine Order 52 (Yachts and training vessels) 2016.

24.          Item 8 of Schedule 1 substitutes the outdated instrument reference in note 2 for section 7 of Marine Orders 57 (Helicopter operations) 2016.

25.          Item 9 of Schedule 1 substitutes the outdated instrument reference in the note for section 6 of Marine Order 58 (Safe management of vessels) 2015.

Statement of compatibility with human rights

26.          This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

27.          The purpose of this Marine Order is to make consequential amendments to Marine Orders as a result of the making of Marine Order 31 (SOLAS and non-SOLAS certification) 2019 that repealed Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003.

Human rights implications

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

Conclusion

29.          AMSA considers that this Marine Order is compatible with human rights as it does not raise any human rights issues. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Making the instrument

30.          This Marine Order 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 Orders Amendment (Marine Order 31 — consequential changes) Order 2019, enacted under the authority of the Navigation Act 2012, was introduced to address the outdated references in various Marine Orders arising from the repeal of Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003 by Marine Order 31 (SOLAS and non-SOLAS certification) 2019. The Order was made by the Australian Maritime Safety Authority (AMSA) to ensure the continued safe operation of vessels and compliance with maritime safety regulations. The policy objective of this Order is to streamline and modernise the regulatory framework for marine safety by updating references and ensuring consistency across related Marine Orders. The changes made by this Order are of a minor regulatory nature and do not require a regulatory impact statement.

Scope and Application

The Marine Orders Amendment (Marine Order 31 – consequential changes) Order 2019 amends various Marine Orders to correct outdated references resulting from the enactment of Marine Order 31 (SOLAS and non-SOLAS certification) 2019, which repealed Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003. The Order applies to entities and individuals involved in the regulation and operation of vessels, including classification societies, operators, and government bodies. The amendments affect multiple Marine Orders, namely Marine Orders 16, 43, 52, 57, and 58, and involve replacing outdated references with references to the new Marine Order 31. The scope of the Order is national, as it operates under the authority of the Navigation Act 1912 and is implemented by the Australian Maritime Safety Authority (AMSA). The Order does not introduce any new substantive requirements but ensures the continued effectiveness and relevance of the regulatory framework by updating references. There are no exclusions or exemptions specified in the Order, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Marine Orders Amendment (Marine Order 31 — consequential changes) Order 2019 (Order 2019/3) amends various Marine Orders to reflect the changes introduced by Marine Order 31 (SOLAS and non-SOLAS certification) 2019. This amendment is necessary because Marine Order 31 repealed Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003. The primary changes are to update references to the repealed orders and to ensure consistency across the regulatory framework. For instance, it updates references to outdated instrument references and definitions to align with the new order. These amendments are detailed in Schedule 1 of the Order, which modifies Marine Orders 16, 43, 52, 57, and 58. The Order imposes several obligations on the parties and entities it governs. Firstly, it requires that all references to the repealed Marine Orders be updated to reflect the new Marine Order 31. This includes updating definitions, references, and notes within the various Marine Orders to ensure they are consistent with the latest legislative changes. Additionally, entities subject to these Marine Orders must ensure their practices and documentation align with the updated regulations. Compliance with these changes is essential to maintain the safety and regulatory standards set forth by the Australian Maritime Safety Authority (AMSA). The Order itself does not introduce new offences, penalties, or consequences for breach, as it is primarily a technical amendment to existing regulations. However, failure to comply with the updated Marine Orders could result in penalties under the Navigation Act and other related legislation. For example, non-compliance with marine safety regulations can lead to fines, imprisonment, or both, depending on the severity of the breach. The specific penalties are detailed in the relevant sections of the Navigation Act, which provide for various sanctions, including substantial fines and imprisonment terms for serious violations. In summary, the Marine Orders Amendment (Marine Order 31 — consequential changes) Order 2019 is a regulatory update to ensure that references within various Marine Orders are consistent with the recent legislative changes introduced by Marine Order 31. It imposes obligations on governed entities to update their practices and documentation accordingly. While the Order does not introduce new penalties, non-compliance with the updated regulations could result in significant penalties under the Navigation Act.

Legal classification tags

Area of Law
Maritime Law
Instrument
Order
Concepts
Commencement Provisions
Repeal & Amendment
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.