Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019

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

Legislation au F2019L01331 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019 (Order 2019/5)

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 1, 12, 15, 31 and 97 arising from the making of Marine Order 47 (Offshore industry units) 2019.

Overview

7. This Marine Order corrects a number of references to Marine Orders that have become out dated as a result of the making of Marine Order 47 (Offshore industry units) 2019 that repealed Marine Order 47 (Mobile Offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001.

Consultation

8. A copy of the draft of this Marine Order was placed on the AMSA website for public comment on 4 June 2019 for a 4 week consultation period. Around 160 stakeholders, including offshore petroleum and gas proponents, ship operators, seafarer representative organisations, classification societies, shipping industry peak bodies and various government bodies were invited to comment. 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 Marine Order 47 (Offshore industry units) 2019.

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 47 (Offshore industry units) 2019 is adopted as in force from time to time because it is adopted by reference to its title.

Commencement

12.          This Marine Order commences immediately after the commencement of Marine Order 47 (Offshore industry units) 2019.

Contents of this instrument

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

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

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

16.          Item 1 of Schedule 1 provides that specified definitions are omitted from Marine Order 1 (Administration) 2013. These definition are no longer needed as a result of the repeal of Marine Order 47 (Mobile Offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001.

17.          Item 2 of Schedule 1 provides that subsection 9(2) of Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016 is amended. An out dated instrument reference is replaced by mention of Marine Order 47 (Offshore industry units) 2019.

18.          Item 3 of Schedule 1 provides that subsection 11(2) of Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014 is amended. An out dated instrument reference is replaced by mention of Marine Order 47 (Offshore industry units) 2019.

19.          Item 4 of Schedule 1 substitutes the definition of FPSO in section 6 of Marine Order 97 (Marine pollution prevention — air pollution) 2013. As Marine Order 60 (Floating offshore facilities) 2001 has been repealed, the signpost or cross reference to that Order has been replaced with a new definition for FPSO.

20.          Item 5 of Schedule 1 substitutes the definition of FSU in section 6 of Marine Order 97 (Marine pollution prevention — air pollution) 2013. As Marine Order 60 (Floating offshore facilities) 2001 has been repealed, the signpost or cross reference to that Order has been replaced with a new definition for FSU.

21.          Item 6 of Schedule 1 further amends section 6 of Marine Order 97 (Marine pollution prevention — air pollution) 2013 by replacing an out dated reference in the definition of MODU.

Statement of compatibility with human rights

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

Overview of the legislative instrument

23.          The purpose of this Marine Order is to make consequential amendments to Marine Orders as a result of the making of Marine Order 47 (Offshore industry units) 2019 that repealed Marine Order 47 (Mobile offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001.

24.          The amendments are minor in nature and change references to Marine Orders that have become out dated as a result of the making Marine Order 47 (Offshore industry units) 2019.

Human rights implications

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

Conclusion

26.          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

27.          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 47 – consequential changes) Order 2019 (Order 2019/5) was enacted to address the need for consequential amendments in various Marine Orders due to the repeal of Marine Order 47 (Mobile Offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001 by Marine Order 47 (Offshore industry units) 2019. Authorised under subsection 339(1) of the Navigation Act, the Order was made by the Australian Maritime Safety Authority (AMSA) in accordance with its powers to create legislative instruments necessary for the safe operation of vessels. The Order’s purpose is to correct outdated references within Marine Orders 1, 12, 15, 31, and 97, ensuring they align with the current regulatory framework. The Order was subject to a four-week public consultation period, though it did not elicit any feedback. It was deemed to have minor regulatory impacts and, therefore, did not require a regulation impact statement. The Order commenced immediately after Marine Order 47 (Offshore industry units) 2019 and incorporates by reference parts of that Order.

Scope and Application

The Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019 applies to entities and individuals involved in the operation of vessels within Australia’s maritime jurisdiction, particularly those associated with offshore petroleum and gas activities, ship operators, seafarer representative organisations, classification societies, shipping industry peak bodies, and government bodies. The Order ensures that the references within several Marine Orders are updated and aligned with the newer Marine Order 47 (Offshore industry units) 2019, which repealed Marine Order 47 (Mobile Offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001. This legislative instrument operates under the authority granted by the Navigation Act 1912 and the Australian Maritime Safety Authority Act 1990. The amendments are confined to updating references and definitions that have become outdated due to the repeal of the mentioned Marine Orders, ensuring consistency and clarity across maritime regulations. The changes are primarily of a minor or machinery nature, focusing on updating references and definitions, without imposing any new obligations or restrictions on the entities or individuals it governs.

Key Provisions

The Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019 (Order 2019/5) primarily focuses on making consequential amendments to various existing Marine Orders due to the recent repeal of Marine Order 47 (Mobile Offshore drilling units) 2012 and Marine Order 60 (Floating offshore facilities) 2001, and the introduction of Marine Order 47 (Offshore industry units) 2019. These amendments are intended to ensure that references within the existing Marine Orders remain current and relevant (Order 2019/5, Section 15). Specifically, the Order amends definitions and references in Marine Orders 1, 12, 15, 31, and 97 to reflect the new regulatory framework established by Marine Order 47 (Offshore industry units) 2019 (Order 2019/5, Items 1 to 6 of Schedule 1). The entities governed by this Marine Order are primarily those involved in the offshore industry, including offshore petroleum and gas proponents, ship operators, and other stakeholders directly impacted by the changes to the Marine Orders. These entities must ensure that their practices and operations comply with the updated references and definitions provided by the Order (Order 2019/5, Section 17). Additionally, the Australian Maritime Safety Authority (AMSA) is responsible for overseeing the implementation and enforcement of these amendments, ensuring that all maritime activities adhere to the latest regulatory standards (Order 2019/5, Section 27). The Order does not specify any new criminal or civil offences or penalties. Instead, its focus is on ensuring the smooth transition of regulatory references following the repeal and replacement of existing Marine Orders. However, entities that fail to comply with the updated regulations may still face enforcement actions under the existing provisions of the Navigation Act, which could include fines or other penalties as determined by AMSA (Order 2019/5, Section 339). The penalties for non-compliance with maritime safety regulations are generally significant and can include substantial fines and other enforcement measures as stipulated by the Navigation Act. In summary, the Marine Orders Amendment (Marine Order 47 — consequential changes) Order 2019 is designed to update and correct references within several Marine Orders due to the repeal of outdated regulations. It imposes obligations on offshore industry stakeholders to ensure their operations comply with the updated references, while AMSA oversees the implementation and enforcement of these amendments. Although the Order itself does not introduce new penalties, non-compliance with the updated regulations could still lead to enforcement actions under the Navigation Act.

Legal classification tags

Area of Law
Marine 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.