Marine Orders Miscellaneous Amendment Order 2026 (No. 2)

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

Legislation au F2026L00191 Not in force Legislative Instrument

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Replacement Explanatory Statement

Marine Orders Miscellaneous Amendment Order 2026 (No. 2) (Order 2026/2)

Authority

  1.       This Marine Order is made under the Navigation Act 2012 (Navigation Act) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Pollution Prevention Act).
  2.     Paragraphs 33(1)(a) and (b) of the Pollution Prevention Act provide for regulations to be made that are necessary or convenient for carrying out or giving effect to that Act.
  3.     Paragraph 33(1)(c) of the Pollution Prevention Act provides for regulations to be made to give effect to International Convention for the Prevention of Pollution from Ships (MARPOL).
  4.     Subsection 34(1) of the Pollution Prevention Act provides that the Australian Maritime Safety Authority (AMSA) may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.
  5.     Subsection 339(1) of the Navigation Act provides for regulations to be made that are necessary or convenient for carrying out or giving effect to that Act.
  6.     Paragraph 340(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to the International Convention for the Safety of Life at Sea (SOLAS)
  7.     Paragraph 340(1)(c) of the Navigation Act provides that the regulations may provide for giving effect to MARPOL.
  8.     Subsection 342(1) of the Navigation Act allows AMSA to make orders for any matter in the Act for which provision must or may be made by regulations.
  9.     Subsection 342(4) provides that a Marine Order may provide for a matter by applying, adopting or incorporating, with or without modification, any matter contained in a document as in force or existing at a particular time or from time to time.
  10.   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.
  11.   This Marine Order is a legislative instrument for the Legislation Act 2003.

Purpose

  1.   This Marine Order makes amendments to Marine Order 27 (Safety of navigation and radio equipment) 2023 (Marine Order 27); Marine Order 41 (Carriage of dangerous goods) 2017 (Marine Order 41); Marine Order 43 (Cargo and cargo handling — livestock) 2018 (Marine Order 43); Marine Order 70 (Seafarer certification) 2014 (Marine Order 70); and Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 (Marine Order 94).
  2.   The amendments are made to 4 Marine Orders, being Marine Orders 27, 41, 70 and 94, that do not sunset as the purpose of those Marine Orders is to give effect to Australia’s international obligations — the Marine Orders benefit from sunsetting exemptions under item 1 of section 11 or item 52 of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Overview

  1.   This Marine Order makes minor amendments to Marine Order 27 to require vessels (regardless of build date) to report any freight containers they lose or observe in the water, in accordance with Chapter V of SOLAS.
  2.   This Marine Order also makes minor amendments to Marine Orders 27, 41, 43, 70 and 94 to improve clarity, revise outdated references and align with recent changes to international conventions.

Consultation

  1.     A copy of the draft of this Marine Order was placed on AMSA’s website on 17 November 2025 for public consultation with comments to be provided by 18 December 2025. Around 125 stakeholders were contacted by email and invited to comment. These included vessel operators, seafarer representative organisations, relevant government agencies and a group known as the Shipping Consultative Forum. The review was also promoted through an AMSA news article.
  2.     No submissions were received concerning this Marine Order.
  3.     The Office of Impact Analysis 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 numbers are OIA23-06166, OIA23-06229 and OIA24-08607.

Documents incorporated by reference

  1.     The following documents or parts of them are incorporated by reference in the Marine Order:
  • Chapter V of SOLAS (Safety of navigation)
  • Annex III of MARPOL (Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form)
  • Australian Standards for the Export of Livestock
  • Export Control (Animals) Rules 2021
  • Export Control Act 2020
  • Marine Order 27 (Safety of navigation and radio equipment) 2023.
  1.     SOLAS is of treaty status and is incorporated “as amended and in force from time to time for Australia” (see definition of SOLAS in Marine Order 1 (Administration) 2013, and definition of Safety Convention in section 14 of the Navigation Act.).
  2.     MARPOL is also of treaty status and is incorporated “as amended and in force from time to time for Australia” (see definition of MARPOL in Marine Order 1 (Administration) 2013, and subsection 3(1) of the Pollution Prevention Act).
  3.     The original conventions and any amendments in force can be found in the Australian Treaties Series accessible from the Australian Treaties Library on the AustLII website at www.austlii.edu.au or on the Australian Treaties Database at www.info.dfat.gov.au/treaties.
  4.     The Australian Standards for the Export of Livestock (or ASEL) published by the Department of Agriculture, Fisheries and Forestry (DAFF) is incorporated as existing from time to time as that is the manner of incorporation provided under section 1-6 (Definitions) of the Export Control (Animals) Rules 2021. The latest version of the ASEL is available for free download through the livestock webpage on the DAFF website at www.agriculture.gov.au.
  5.     Australian legislation can be accessed on the Federal Register of Legislation. Marine Order 27 can also be accessed through the Marine Orders link on the AMSA website at www.amsa.gov.au.
  6.     The Acts are subject to section 10 of the Acts Interpretation Act 1901 and incorporated as in force from time to time. 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 27 is also adopted as in force from time to time because it is adopted in this Marine Order by reference to its title.

Commencement

  1.   This Marine Order commenced on 1 April 2026.

Contents of this instrument

  1.   Section 1 sets out the name of the Marine Order.
  2.   Section 2 provides for the commencement of the Marine Order.
  3.   Section 3 states the purpose of the Marine Order, which is to amend five Marine Orders.
  4.   Division 1 of Schedule 1 sets out the amendments to Marine Order 27 (Safety of navigation and radio equipment) 2023.
  5.   The changes update Marine Order 27 to require all vessels (regardless of build date) to report any freight containers they lose or observe in the water, in line with the changes to danger message requirements under Regulations 31 and 32 of Chapter V of SOLAS. The changes to Marine Order 27 are needed as the reporting obligations for serious dangers to navigation under section 187 of the Navigation Act do not cover lost or observed containers.
  6.   New section 31A gives effect to Regulation 31 of Chapter V of SOLAS by imposing two reporting obligations for the master of a vessel. Under subsection (1), the master must ensure freight containers lost overboard from their vessel are reported by appropriate means to vessels in the vicinity, the nearest coastal State, and the vessel’s flag State. Under subsection (4), freight containers observed drifting in the sea must also be reported to vessels in the vicinity and to the coastal State.
  7.   While the method of communication for each report is not specified in subsections (1) and (4), subsections (2) and (5) provide that the reports must contain the information set out in Regulation 32 of Chapter V of SOLAS. The information requirements in subsections (2) and (5) give meaning as to the nature of the reporting required under subsections (1) and (4) with compliance mandatory.
  8.   Regulations 31 and 32 of Chapter V of SOLAS contemplate that if certain information, such as the number of containers lost and whether they contain dangerous goods, is not available at the time of reporting, a thorough inspection must be conducted at the earliest safe and practicable opportunity to verify the lost containers. A follow‑up report, marked as “final”, must be sent to the same recipients.
  9.   Subsection 31A(3) makes it a requirement for the owner of the vessel to report in circumstances where the master cannot do so. Non-compliance by the owner may result in regulatory consequences.
  10.   A strict liability offence is imposed on the master of the vessel for each reporting obligation with a maximum penalty being 50 penalty units. A civil penalty also applies. At the time of making of the instrument, a penalty unit was $330. Strict liability is considered appropriate as prompt reporting mitigates the dangers to navigate and protection of the environment with the obligations reflecting SOLAS requirements.
  11.   There are further changes to Marine Order 27 that are minor or administrative amendments. The changes include an update of section 33 to reflect that SOLAS no longer requires all types of safety communication to be reported in accordance with Article 33 of Chapter VII of the Radio Regulations. Compliance with Article 33 of Chapter VII of the Radio Regulations will continue to apply to the reporting of prescribed matters under section 31 of Marine Order 27. The changes to section 33 allow it to remain applicable to all danger messages, including lost freight containers, without imposing a constraint on the means of reporting. The new scope of section 33 is to prevent the misuse or interference of transmission of safety communications, including danger messages, and sets out the transmission priority to preserve the functional integrity of the safety frequency.
  12.   The strict liability offence in the replacement section 33 mirrors the original provision with a maximum penalty being 50 penalty units. A civil penalty also applies. At the time of making of the instrument, a penalty unit was $330. Strict liability is considered appropriate to preserve the functional integrity of the safety frequency being an objective of the international standards reflected in the provision.
  13.   Division 2 of Schedule 1 sets out the amendments to Marine Order 41 (Carriage of dangerous goods) 2017.
  14.   The changes introduce a note advising of the new SOLAS requirements relating to the reporting of lost and observed freight containers.
  15.   Division 3 of Schedule 1 sets out the amendments to Marine Order 43 (Cargo and cargo handling — livestock) 2018.
  16.   The changes update superseded references which are the Australian Meat and Live-stock Industry Act 1997 and Marine Order 27 (Safety of navigation and radio equipment) 2016.
  17.   Division 4 of Schedule 1 sets out the amendments to Marine Order 70 (Seafarer certification) 2014.
  18.   The changes update superseded references to Marine Order 27 (Radio equipment) 2009 and remove obsolete transitional arrangements.
  19.   Division 5 of Schedule 1 sets out the amendments to Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014.
  20.   The changes update references to Annex III of MARPOL and replace prescribed reporting information with Form AMSA 1858 Marine pollutants report that is located on AMSA’s website at www.amsa.gov.au.

Statement of compatibility with human rights

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

Overview of the legislative instrument

  1.   This amending Marine Order is made under the Navigation Act and the Pollution Prevention Act. It gives effect to Australia’s international obligations under SOLAS. It makes minor amendments including implementing obligations that give effect to Chapter V of SOLAS relating to reporting of lost and observed containers.

Human rights implications

  1.   Item 3 of Division 1 of the amending Marine Order sets out 2 criminal offences for which strict liability applies. Civil penalty provisions also are created. The penalties are low (50 penalty units) and the penalty provisions are directed at masters of vessels, rather than the community at large being regulatory in nature to achieve compliance with internationally accepted standards. The objective of the penalty provisions is to require reporting of lost containers overboard as these containers are a navigational hazard and could contain substances that are a threat to the environment.
  2.   Two further strict liability offences are set out for inappropriate transmission of safety communications. These are pre-existing offences, each with a maximum penalty of 50 penalty units. Civil penalties also apply. The offences are for persons on board a vessel and do not target the community at large. The objective of the penalty provisions is safety of life at sea.
  3.   The penalty provisions being added by this Marine Order are authorised by subsection 341(1) of the Navigation Act.
  4.   Strict liability offences may engage and limit the presumption of innocence mentioned in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Civil penalty provisions may engage the criminal process provisions under Articles 14 and 15 of the ICCPR.

Conclusion

  1.   AMSA considers the instrument compatible with human rights. To the extent it may limit rights, those limitations are reasonable, necessary and proportionate to the objective of safety of life at sea and protection of the environment.

Statement in relation to privacy

  1.   Marine Order 27 is amended to ensure that freight containers lost overboard or observed in the sea are reported by the master as they are navigational hazards and potential threats to the environment — the name of the master is therefore collected by AMSA.
  2.   Marine Order 94 is amended to replace prescribed reporting information set out in that Marine Order with Form AMSA 1858 Marine pollutants report that is located on AMSA’s website. Any packaged harmful substance discharged from a vessel must be reported to AMSA using this form. The form collects the name, address, telephone and facsimile numbers of the vessel’s owner and representative with the report for purposes including incident response.
  3.   AMSA is subject to the Privacy Act 1988. AMSA handles personal information in accordance with the Privacy Act 1988, which is reflected in AMSA’s Privacy Policy, and has in place arrangements to protect the personal information it holds.
  4.   To the extent that there is limited practical intrusion on an individual’s privacy, it is considered necessary and appropriate.

Making the instrument

  1.   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.

Interactions

Authorises

All Versions

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.