Marine Orders Amendment (Marine Order 71 — consequential changes) Order 2023

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

Legislation au F2023L01534 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Marine Orders Amendment (Marine Order 71 — consequential changes) Order 2023 (Order 2023/6)

Authority

  1.    Subsection 339(1) of the Navigation Act 2012 (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 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 71 (Masters and deck officers) 2023 (Marine Order 71 2023) that replaces Marine Order 71 (Masters and deck officers) 2014.

Overview

6.      This amending Marine Order revises a number of outdated refences in two Marine Orders that need correcting as a result of the making of Marine Order 71 2023.

Consultation

7.      A copy of the draft of Marine Order 71 was placed on AMSA’s website on 29 March 2023 for public consultation with comments to be provided by 24 May 2023. Around 150 stakeholders were contacted by email and invited to comment. These included seafarer representative organisations, vessel operators and relevant government agencies. The review was also advised on social media and via the April edition of ‘AMSA update’ which is a newsletter with a distribution of around 27,000 people.

8.      The Office of Impact Analysis (OIA) considers that the changes made by the Marine Order have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA reference number is 43657.

Documents incorporated by reference

9.      Marine Order 71 (Masters and deck officers) 2023 becomes a document incorporated by reference in the two Marine Orders being amended following the replacement of the repealed version of Marine Order 71 (made in 2014).

10.  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 71 is adopted as in force from time to time because it is adopted by reference to title. Any Marine Order can be accessed through the marine orders link on the AMSA website at https://www.amsa.gov.au and are available for free download from the Federal Register of Legislation through that link.

Commencement

11.  This amending Marine Order commences immediately after the commencement of Marine Order 71 (Masters and deck officers) 2023.

Contents of this instrument

12.          Section 1 sets out the name of the Marine Order.

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

14.          Section 3 provides that Schedule 1 sets out the consequential amendments.

Division 1 of Schedule 1 — Marine Order 70 (Seafarer certification) 2014

15.          Division 1 contains 3 substitutions. The changes are necessary to make reference to Marine Order 71 2023.

Division 2 of Schedule 1 — Marine Order 74 (Masters and deck officers — yachts) 2015

16.          Division 1 contains 1 substitution. The change is necessary to make reference to Marine Order 71 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 Marine Order makes amendments consequential to the making of Marine Order 71 (Masters and deck officers) 2023 (Marine Order 71 2023). Changes are made as a result of the name change to the instrument following its repeal and replacement. The amending Marine Order corrects the name of the instrument in 2 Marine Orders.

Human rights implications

19.  This amending Marine 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 71 — consequential changes) Order 2023, enacted to address the need for updating outdated references in Marine Orders 70 and 74 following the replacement of Marine Order 71, was introduced to ensure consistency and accuracy within maritime regulations. This amending Marine Order was made under the authority granted by the Navigation Act 2012, which empowers the Australian Maritime Safety Authority (AMSA) to create orders for matters specified in the Act. The amendments were made in response to Marine Order 71 (Masters and deck officers) 2023, which replaced Marine Order 71 (Masters and deck officers) 2014. The changes involve substituting outdated references in two Marine Orders to reflect the updated title and content of Marine Order 71 2023. This legislative instrument was subject to public consultation and was determined by the Office of Impact Analysis to have minor regulatory impacts, thus not requiring a regulation impact statement.

Scope and Application

The Marine Orders Amendment (Marine Order 71 — consequential changes) Order 2023 applies to the revision and updating of specific references within two Marine Orders that were affected by the replacement of Marine Order 71 (Masters and deck officers) 2014 with Marine Order 71 (Masters and deck officers) 2023. This includes updating references in Marine Order 70 (Seafarer certification) 2014 and Marine Order 74 (Masters and deck officers — yachts) 2015 to reflect the name change and any consequential amendments necessary. The Order is made under the authority of the Australian Maritime Safety Authority (AMSA) and is applicable nationally, as it pertains to maritime safety and regulatory compliance across Australia. The Order does not specify any exclusions or exemptions and is subject to the provisions of the Navigation Act 2012 and the Acts Interpretation Act 1901, which allow for the making and amendment of such orders. The scope of the Order is limited to the specific amendments detailed in the Order and does not extend to other areas of maritime regulation or safety.

Key Provisions

The main operative sections of the Marine Orders Amendment (Marine Order 71 — consequential changes) Order 2023 (Order 2023/6) involve the amendments necessary to update references in Marine Order 70 (Seafarer certification) 2014 and Marine Order 74 (Masters and deck officers — yachts) 2015 following the replacement of Marine Order 71 (Masters and deck officers) 2014 with Marine Order 71 (Masters and deck officers) 2023. Section 3 of the Order specifies that the consequential amendments are detailed in Schedule 1. Division 1 of Schedule 1 details three substitutions in Marine Order 70 (Seafarer certification) 2014 to correctly reference Marine Order 71 2023, while Division 2 of Schedule 1 details one substitution in Marine Order 74 (Masters and deck officers — yachts) 2015 to make the same reference update. The Order imposes several obligations on the parties it governs. Firstly, it mandates that the Australian Maritime Safety Authority (AMSA) ensure the correct and updated references are made in the relevant Marine Orders. Additionally, the Order requires stakeholders, including seafarer representative organisations, vessel operators, and relevant government agencies, to adhere to the updated references in their respective practices and documentation. AMSA must also ensure that any incorporated documents, such as Marine Order 71 2023, are made accessible to the public through their website and the Federal Register of Legislation. The Order itself does not explicitly state any offences, penalties, or consequences for breach. However, it is implied that failure to comply with the updated references could lead to non-compliance with the Navigation Act 2012 and potentially result in legal consequences under that Act. The Navigation Act 2012 provides for a range of penalties for non-compliance, including fines and imprisonment, depending on the severity of the breach. For instance, under section 333 of the Navigation Act 2012, a person who contravenes a regulation can be fined up to $165,292 (542 penalty units) for a corporation and up to $33,058 (108 penalty units) for an individual, along with potential imprisonment terms. These penalties underscore the importance of adhering to the updated references mandated by the Marine Orders Amendment Order.

Legal classification tags

Area of Law
Marine Law
Instrument
Order
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards

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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.