EXPLANATORY NOTES
Marine Orders, Part 11
(Substandard ships)
Issue 2
Order No 14 of 2002
Authority
1. Section 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 11, Issue 2 was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 18 December 2002.
Purpose
5. Part 11 prescribes matters in relation to the Navigation Act for the purpose of detaining a ship that is substandard. The definition of substandard is defined in the Purpose Provision of this Part.
6. Part 11, Issue 2 repeals Issue 1 of this Part.
Consultation
7. The draft text of this issue was circulated to major stakeholders and also placed on the World Wide Web for public comment.
Overview
8. Part 11 has been rewritten using the current drafting style and some definitions have been updated. Two prescribed items have been added to the deficiency list now located at Provision 4. These include mooring ropes and wires and sewage treatment plant. Administrative procedures in relation to the inspection of a ship in a port in Australia have also been updated and relocated to the Appendix.
Contents of the Order
9. Provision 1 indicates the purpose for which this Part has been made.
10. Provision 2 provides interpretations necessary for proper understanding of this Part.
11. Provision 3 specifies the ships to which this Part applies.
12. Provision 4 prescribes matters in relation to substandard ships for the purposes of the Navigation Act.
13. The Appendix provides the procedures pertaining to the inspection of a ship that is suspected of being substandard.
Australian Maritime Safety Authority
December 2002