Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023

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

Legislation au F2023L01067 Not in force Legislative Instrument

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Explanatory Statement

Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023 (Order 2023/4)

Authority

  1.    The Marine Safety (Domestic Commercial Vessel) National Law, set out in Schedule 1 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the national law), provides for this Marine Order to be made.
  2.    Subsection 159(1) of the national law provides for regulations to be made that are necessary or convenient for carrying out or giving effect to the national law.
  3.    Subsection 163(1) provides that the National Regulator (the Australian Maritime Safety Authority (AMSA)) under section 9 of the national law) may make a Marine Order about matters that can be provided for by regulation.
  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 amending Marine Order is a legislative instrument for the Legislation Act 2003.

Purpose

6.      This instrument is an amending Marine Order.

Overview

7.      This Marine Order makes amendments consequential on the making of Marine Order 501 (Administration — national law) 2023 (Marine Order 501 2023) which has replaced Marine Order 501 (Administration — national law) 2013. The following Marine Orders have been amended to ensure the correct instrument name appears in them for Marine Order 501 2023:

  • Marine Order 502 (Vessel identifiers — national law) 2017
  • Marine Order 503 (Certificates of survey — national law) 2018
  • Marine Order 504 (Certificates of operation and operation requirements — national law) 2018
  • Marine Order 505 (Certificates of competency — national law) 2022
  • Marine Order 507 (Load line certificates — national law) 2018.

Consultation

8.      For the making of Marine Order 501 2023 there was extensive consultation as follows.

9.      A copy of the draft of Marine Order 501 2023 was placed on AMSA’s website for a 6 week period of public consultation commencing on 28 April 2023. The consultation process details for the draft of Marine Order 501 2023 were posted on social media and a link sent directly to approximately 22,000 stakeholders.

10.  The Office of Impact Analysis (OIA) was consulted and considered that the amending Order dealt with matters of a minor or machinery nature and no regulatory impact statement was required. The OIA reference number is OIA23-04926.

Documents incorporated by reference

11.  There are no documents to be incorporated by reference by this amending Order. The amendments in Schedule 1 correct an outdated reference to an instrument that appears in 5 instruments.

Commencement

12.  This amending Marine Order immediately commenced after the commencement of Marine Order 501 2023.

Contents of this instrument

13.  Section 1 sets out the name of the 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.

16.  Items 1 to 5 replace mention of 2013 with 2023 in 5 Marine Orders. This change is needed to ensure those 5 Marine Orders refer to the correct name for the instrument mentioned in them. The change relates to the replacement of Marine Order 501 (Administration ─ national law) 2013 with Marine Order 501 (Administration ─ national law) 2023 that occurred on 1 September 2023.

Statement of compatibility with human rights

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

Overview of the legislative instrument

18.  This amending Order makes amendments consequential to the making of Marine Order 501 (Administration ─ national law) 2023 (Marine Order 501 2023). Changes are made as a result of the name change to the instrument following its repeal and replacement. The amending Order corrects the name of the instrument in 5 Marine Orders.

Human rights implications

19.  This amending Order does not engage any of the applicable rights or freedoms.

Conclusion

20.  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

21.  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 Orders Amendment (Marine Order 501 — consequential changes) Order 2023 (Order 2023/4) was enacted to address discrepancies arising from the replacement of Marine Order 501 (Administration ─ national law) 2013 with Marine Order 501 (Administration ─ national law) 2023. This amendment ensures that references to the old instrument in several other Marine Orders are updated to reflect the current legal framework. Enacted under the authority of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, the policy objective of this Order is to maintain the integrity and coherence of maritime regulations by correcting outdated references, thereby facilitating compliance and administrative efficiency within the maritime sector. The Order was made by the Chief Executive Officer of the Australian Maritime Safety Authority, aligning with the powers granted under the Australian Maritime Safety Authority Act 1990.

Scope and Application

The Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023 (Order 2023/4) applies to entities and persons involved in the administration and operation of domestic commercial vessels in Australia, specifically those governed by the Marine Safety (Domestic Commercial Vessel) National Law, 2012. This law, implemented through subordinate legislation, allows the Australian Maritime Safety Authority (AMSA) to make Marine Orders and regulations to ensure maritime safety and compliance with national standards. The Order itself amends five existing Marine Orders (502, 503, 504, 505, and 507) to correct references following the replacement of Marine Order 501 (Administration – national law) 2013 with Marine Order 501 (Administration – national law) 2023. This ensures consistency and accuracy in the legislative framework governing domestic commercial vessels across Australia. The Order operates nationally, aligning with the overarching federal legislative scheme for maritime safety. It does not introduce new substantive requirements but serves to update existing references, thus facilitating clarity and precision in the application of maritime laws.

Key Provisions

The Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023 (Order 2023/4) primarily functions to amend several existing Marine Orders to reflect the recent replacement of Marine Order 501 (Administration — national law) 2013 with Marine Order 501 (Administration — national law) 2023. This Order ensures that references to the 2013 Order are updated to the 2023 Order in Marine Order 502 (Vessel identifiers — national law) 2017, Marine Order 503 (Certificates of survey — national law) 2018, Marine Order 504 (Certificates of operation and operation requirements — national law) 2018, Marine Order 505 (Certificates of competency — national law) 2022, and Marine Order 507 (Load line certificates — national law) 2018. This change was necessary to maintain consistency and accuracy across the related instruments. The Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023 imposes specific obligations on the parties or entities governed by these Marine Orders. These obligations include ensuring that any references to Marine Order 501 (Administration — national law) 2013 are updated to reflect Marine Order 501 (Administration — national law) 2023. This is crucial for maintaining the integrity and applicability of the regulations governing domestic commercial vessels. Failure to comply with these updated references could result in non-compliance with the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, potentially leading to enforcement actions or legal repercussions. The amending Order itself does not introduce new offences or penalties; however, non-compliance with the amended Marine Orders could result in enforcement actions under the applicable Marine Orders and the Marine Safety (Domestic Commercial Vessel) National Law Act 2012. Penalties for non-compliance with domestic commercial vessel regulations can include fines, imprisonment, or both, depending on the severity of the offence and the specific provisions of the relevant Marine Orders. The maximum penalties are outlined in the individual Marine Orders and the national law, which could include substantial fines and potential imprisonment for serious or repeated violations.

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.