Marine Orders - Miscellaneous Amendments (Order No. 15 of 1999)

Overview

The Marine Orders (Miscellaneous Amendments) Order No 15 of 1999, enacted under the Navigation Act 1912, was introduced to address the need for administrative adjustments in Marine Orders following an internal reorganisation within the Australian Maritime Safety Authority (AMSA). This legislative instrument was made pursuant to section 425(1AA) of the Navigation Act 1912, which empowers AMSA to make orders concerning matters already provided for by regulations. The order was gazetted on 23 June 1999 and its primary purpose was to update the descriptions of officers and authorised persons in Marine Orders to reflect the new organisational structure within AMSA. It is notable that consultation was not deemed necessary for these amendments, as they pertain exclusively to the administration of existing provisions without imposing additional requirements on individuals or businesses.

Scope and Application

The Marine Orders (Miscellaneous Amendments) Order No 15 of 1999 applies to all Marine Orders governed by the Navigation Act 1912, and it pertains to the reclassification of officers within the Australian Maritime Safety Authority (AMSA). This Marine Order was made pursuant to section 425(1AA) of the Act, which allows AMSA to issue orders concerning matters within the scope of the Act that could otherwise be regulated by regulations. The order was gazetted on 23 June 1999 and is applicable across the Commonwealth of Australia. The purpose of this Marine Order is to adjust the descriptions of officers in the Marine Orders to align with the internal reorganisation of AMSA. Importantly, this amendment does not introduce new obligations for individuals or businesses but rather modifies the administrative aspects of existing provisions. The order was implemented without the need for consultation, as it does not impose any additional requirements on persons or entities affected by the Marine Orders.

Key Provisions

The Marine Orders (Miscellaneous Amendments) Order No 15 of 1999, made under section 425(1AA) of the Navigation Act 1912, primarily serves to update the descriptions of officers referred to in existing Marine Orders to align with the internal reorganisation of the Australian Maritime Safety Authority (AMSA). This is achieved by amending the titles and definitions of authorised persons in all Marine Orders. The order was gazetted on 23 June 1999 and took effect immediately upon publication. Under this order, section 425(1AA) of the Navigation Act 1912 allows AMSA to make orders concerning matters within the Act, provided they do not impose additional requirements on individuals or businesses. The amendments are purely administrative, designed to reflect the current structure of AMSA without imposing any new obligations or restrictions on the governed parties. The order imposes certain obligations on AMSA to ensure the smooth transition of duties and responsibilities as per the new organisational structure. This includes updating all relevant documentation and internal processes to recognise the new titles and definitions of authorised persons. These updates are intended to maintain clarity and efficiency in the enforcement and administration of maritime safety regulations. Breaches of any provisions within the Navigation Act 1912 can result in significant penalties. While the specific penalties are not detailed in this Marine Order, the Act generally provides for both civil and criminal penalties, including fines and imprisonment. The severity of the penalties can vary depending on the nature and seriousness of the breach. For instance, certain violations may attract maximum fines of up to $10,000 for individuals and $50,000 for corporations, with imprisonment terms extending up to two years for more severe offences. Compliance with the updated titles and definitions is crucial to avoid any legal repercussions under the Navigation Act 1912.