Explanatory Statement
Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022 (Order 2022/6)
Authority
- Subsection 339(1) of the Navigation Act 2012 (Navigation Act) authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
- 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.
- 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.
- This amending Marine Order was made under subsection 342(1) and is a legislative instrument for the Legislation Act 2003.
Purpose
5. This amending Marine Order makes amendments consequential to the making of Marine Order 52 (Yachts and training vessels) 2022 (Marine Order 52 2022).
Overview
6. This amending Marine Order revises a number of outdated definitions in Marine Order 74 (Masters and deck officers —yacht) 2015 that can be corrected as a result of the making of Marine Order 52 2022. It also makes a clarifying change to Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
Consultation
7. For the making of Marine Order 52 2022 there was extensive consultation as follows.
8. A copy of the draft of Marine Order 52 2022 was placed on AMSA’s website for an 8 week period of public consultation closing on 9 October 2022.
9. The draft of Marine Order 52 2022, including explanation of the proposed changes — as well as the consequential changes to Marine Order 74 (Masters and deck officers — yacht) 2015 and Marine Order 31 (SOLAS and non-SOLAS certification) 2019 — were emailed to a targeted list of stakeholders. Stakeholders included recognised organisations, the yachting industry, seafarer representative organisations and relevant government agencies. No comments were received relating to the consequential changes to Marine Order 74 (Masters and deck officers — yacht) 2015 and Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
10. The Office of Best Practice Regulation (OBPR) was also consulted and considered that the Order dealt with matters of a minor or machinery nature and no regulatory impact statement was required. The OBPR reference number is OBPR 43657.
Documents incorporated by reference
11. Marine Order 52 2022 is incorporated into the amendments made by this amending Marine Order. The manner of incorporation is as in force from time to time because it is adopted by reference to its title — see section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003).
Commencement
12. This amending Marine Order immediately commences after the commencement of Marine Order 52 2022.
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. Item 1 of Division 1 of Schedule 1 removes a definition no longer relevant.
17. Item 2 of Division 1 of Schedule 1 substitutes definitions which, for meaning, more appropriately point to Marine Order 52 (Yachts and training vessels) 2022.
18. Item 3 of Division 1 of Schedule 1 removes two subsections that are no longer relevant. Subsection 4(3) is a deeming provision adequately covered by Marine Order 52 2022. Subsection 4(4) is omitted as the LY3 Code has been replaced.
19. Item 4 of Division 1 of Schedule 1 renumbers a subsection to remove the sequencing gap created by the amendment described in the item above.
20. Item 1 of Division 2 of Schedule 1 clarifies the circumstances when a vessel must have a non-SOLAS certificate. A vessel is not required to have a non-SOLAS certificate if the vessel has a Certificate of Survey for a Yacht or Training Vessel.
Statement of compatibility with human rights
21. This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
22. This amending Marine Order makes amendments consequential to the making of Marine Order 52 (Yachts and training vessels) 2022 (Marine Order 52 2022).
23. The amendments are minor in nature and change references that link to the newly remade Marine Order 52 2022 that commences 1 January 2023. The minor changes include the omission of the reference to the LY3 Code — which is a superseded Code formerly published by the United Kingdom Maritime and Coastguard Agency in relation to construction and equipment and appliances for large yachts. Relevant references now point directly to the definition section of Marine Order 52 2022. There is also a minor clarifying change to Marine Order 31 (SOLAS and non-SOLAS certificates) 2019.
Human rights implications
24. This amending Marine Order changes references and updates terminology following the making of Marine Order 52 2022.
Conclusion
25. 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
26. 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.