Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022

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

Legislation au F2022L01684 Not in force Legislative Instrument

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Explanatory Statement

Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022 (Order 2022/6)

Authority

  1.    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.
  2.    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.
  3.    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.
  4.    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      This amending Marine Order revises a number of outdated definitions in Marine Order 74 (Masters and deck officers —yacht) 2015 that can be corrected as a result of the making of Marine Order 52 2022.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.

Overview

The Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022 (Order 2022/6) was introduced to address the need for updating references and terminology in existing marine orders as a result of the new Marine Order 52 (Yachts and training vessels) 2022. This amending order was made under the authority of subsection 342(1) of the Navigation Act 2012 and is a legislative instrument for the purposes of the Legislation Act 2003. The primary objective of this order is to ensure that outdated definitions and references in Marine Order 74 (Masters and deck officers — yacht) 2015 and Marine Order 31 (SOLAS and non-SOLAS certification) 2019 are corrected and aligned with the newly enacted Marine Order 52 2022. The Australian Maritime Safety Authority (AMSA) was responsible for making this amending order, which aligns with the minor or machinery nature of the changes, as confirmed by the Office of Best Practice Regulation.

Scope and Application

The Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022 amends certain marine orders as a result of the creation of Marine Order 52 (Yachts and training vessels) 2022, which commenced on 1 January 2023. This amending order applies to the persons and entities involved in the maritime industry, particularly those operating yachts and training vessels within Australia’s jurisdiction. The geographic reach of this legislation encompasses the entire Commonwealth of Australia, ensuring that maritime safety and certification standards are uniformly applied across the nation. The amendments primarily update and clarify existing definitions and regulatory references to align with the new standards set by Marine Order 52 2022, thereby ensuring that the terminology and legal framework are consistent and relevant. There are no specific exclusions or thresholds mentioned in this amending order, and it operates as a direct consequence of the preceding marine order, without further extension or restriction through subordinate instruments.

Key Provisions

The Marine Orders Amendment (Marine Order 52 — consequential changes) Order 2022 (Order 2022/6) amends certain definitions and provisions in existing marine orders to reflect the changes introduced by Marine Order 52 (Yachts and training vessels) 2022. Specifically, Section 3 of the Order provides that Schedule 1 sets out the consequential amendments. The amendments include the removal of outdated definitions, the substitution of definitions to align with Marine Order 52 2022, and the clarification of conditions under which a vessel must have a non-SOLAS certificate (Item 1 of Division 2 of Schedule 1). The Order imposes several obligations on parties affected by the amended marine orders. Firstly, it mandates that any references to the LY3 Code, which has been replaced, are to be omitted, and that all relevant references now point directly to the definition section of Marine Order 52 2022. Secondly, it clarifies that a vessel is not required to have a non-SOLAS certificate if it has a Certificate of Survey for a Yacht or Training Vessel. These changes ensure that the terminology and references in the existing marine orders are up-to-date and consistent with the latest regulations. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this amending Order. However, the amendments are crucial for compliance with the updated marine regulations, and failure to adhere to these changes could result in non-compliance with maritime safety standards and potential regulatory actions. As the Order is made under the authority of the Australian Maritime Safety Authority (AMSA) and is considered compatible with human rights, adherence to these amendments is essential for maintaining safety and regulatory standards in the maritime sector.

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Area of Law
Maritime Law
Instrument
Order
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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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.