Marine Orders - Part 1: Incidental Marine Order, Issue 1 (Order No. 9 of 2008)

Overview

The Marine Orders, Part 1 — Incidental Marine Order 2008 (F2008L03460) was enacted to address a structural change within the Australian Maritime Safety Authority (AMSA). This legislative instrument provides effect to the Chief Executive Officer's decision to redesignate the position of General Manager, Maritime Operations to Deputy Chief Executive Officer, Maritime Operations, effective from 1 October 2008. This change is made under the authority provided by subsection 425(1AA) of the Navigation Act 1912, which empowers AMSA to issue orders concerning matters for which regulations may be made. The primary objective of this administrative alteration is to streamline the operational hierarchy within AMSA, ensuring that the authority and responsibilities previously assigned to the General Manager are seamlessly transferred to the newly designated Deputy Chief Executive Officer. The order was not subject to public consultation as it pertains solely to an internal restructuring decision by AMSA.

Scope and Application

The Marine Orders, Part 1 — Incidental Marine Order 2008 (No. 9) is a piece of legislation that implements an administrative change within the Australian Maritime Safety Authority (AMSA). Specifically, it redesignates the position of General Manager, Maritime Operations as Deputy Chief Executive Officer, Maritime Operations, effective from 1 October 2008. This order is made under the authority granted by subsection 425(1AA) of the Navigation Act 1912, which allows AMSA to issue orders concerning matters for which regulations may be made. The order applies to references to the General Manager, Maritime Operations within the Marine Orders, thereby also referring to the Deputy Chief Executive Officer, Maritime Operations. The scope of the order is limited to internal administrative changes within AMSA and does not extend to other industries or entities outside the maritime safety regulatory framework. There are no stated exclusions, exemptions, or thresholds specified in the order, and no subordinate instruments extend or restrict its application.

Key Provisions

The primary operative sections of Marine Orders, Part 1 — Incidental Marine Order, Issue 1, Order No. 9 of 2008, establish the redesignation of a specific position within the Australian Maritime Safety Authority (AMSA). Section 1 of the order specifies that any reference to the General Manager, Maritime Operations will also be considered a reference to the Deputy Chief Executive Officer, Maritime Operations. This change is effective from 1 October 2008, as outlined in the explanatory statement. The order ensures that all documents and references to the former position are interpreted to include the new designation, thereby maintaining continuity in the administrative structure of AMSA. The obligations imposed by this Act on the parties and entities it governs are primarily administrative and interpretative. AMSA and any other relevant entities must ensure that all documentation, references, and communications accurately reflect the new designation of the position from 1 October 2008. This includes updating internal records, policy documents, and any external communications to avoid confusion and ensure compliance with the new order. The transition must be smooth, with all personnel and stakeholders aware of the change in title. There are no explicit offences, penalties, or consequences for breach outlined in the order itself. However, failure to comply with the administrative requirements of the order could potentially lead to operational inefficiencies or confusion within AMSA. It is important for AMSA to ensure that all necessary steps are taken to communicate and implement the changes effectively to avoid any such issues. The explanatory statement does not mention any specific penalties, but the importance of the transition highlights the need for strict adherence to the order's provisions.