EXPLANATORY NOTES
Marine Orders Part 12
(ConstructionSubdivision & stability, machinery
and electrical installations)
Issue 2 - Amendment
Order No 5 of 2004
Authority
1. Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
2. Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make Orders with respect to matters in Parts IV and VB of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 12, Issue 2 - Amendment, was made pursuant to subsection 425(1AA) of the Navigation Act.
Gazette
4. Arrangements have been made for this issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices,
Wednesday 26 June 2004.
Purpose
5. Marine Orders Part 12:
- gives effect to the International Convention for the Safety of Life at Sea (SOLAS), Chapter II-1, for purposes of the Navigation Act;
- specifies requirements for the construction, hull, equipment and machinery of both a SOLAS ship and a non-SOLAS ship, for the purposes of the Navigation Act;
- gives effect to the International Maritime Organization (IMO) guidelines with respect to the design and construction of off-shore supply vessels.
6. Marine Orders Part 12, Issue 2 – Amendment, amends Marine Orders Part 12, Issue 2 and gives effect to SOLAS Chapter II-1 amendments.
Consultation
7. A copy of the draft text of this issue was circulated to relevant AMSA managers, survey authorities, Shipping Australia Limited, Australian Shipowners Association, Seacare Authority, Australian Institute of Marine and Power Engineers and Australian Maritime Officers Union for comments. The draft text was also placed on the AMSA web site for public comment. This issue takes account of all valid comments made.
Overview
8. The Maritime Safety Committee of IMO recently adopted amendments to Chapter II-1 of SOLAS (Resolution MSC.134(76)). These amendments will come into force internationally 1 July 2004. This issue of Part 12 gives effect to these amendments.
Contents of the Order
9. Provision 1 indicates the purpose of this Order, and the power to make this Order, pursuant to the Navigation Act. This provision has been amended to include the new text arrangement that indicates the Power to make the Order in addition to the Purpose of the Order.
10. Provision 2 provides definitions of words and phrases and has been amended to remove an unnecessary definition, namely Chapter II-1 of SOLAS.
11. Provision 3 provides interpretations that are necessary for proper understanding of the Order. This provision has been updated to reflect current drafting standards.
12. Provision 4 to Provision 9 has not been amended.
13. Appendix 1 has been deleted.
14. Appendix 2 to Appendix 4 has not been amended.
15. Appendix 5 has been deleted to remove any ambiguity with regard to the application (mandatory/recommendatory) of various IMO resolutions, circulars and other standards. Appendix 4 is unnecessary as the application of resolutions, circulars and other standards are already specified in SOLAS Chapter II-1.
16. In order to provide guidance in relation to specific requirements of this Order, footnotes have been added/deleted or amended as required.
Australian Maritime Safety Authority
June 2004