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
Overview
The Marine Orders Part 12, Issue 2 - Amendment Order No 5 of 2004, was introduced to align Australian maritime safety regulations with international standards, specifically the International Convention for the Safety of Life at Sea (SOLAS) Chapter II-1 amendments, which came into effect on 1 July 2004. This amendment was authorised under the Navigation Act 1912, through the Australian Maritime Safety Authority (AMSA), to ensure compliance with the updated SOLAS guidelines and International Maritime Organization (IMO) design and construction standards for offshore supply vessels. The amendment process involved consultation with relevant industry stakeholders, including AMSA managers, survey authorities, and professional associations, and the draft text was made available for public comment via the AMSA website. The primary objective of this amendment is to enhance maritime safety by incorporating the latest international safety standards into Australian maritime regulations.
Scope and Application
The Marine Orders Part 12, as amended, applies to the construction, subdivision, stability, machinery, and electrical installations of ships operating under the Navigation Act 1912. This legislation is applicable to both SOLAS (International Convention for the Safety of Life at Sea) ships and non-SOLAS ships, ensuring that they meet the requisite safety and construction standards. The Orders are made under the authority of the Australian Maritime Safety Authority (AMSA) and the Governor-General, ensuring compliance with both international maritime conventions and national safety requirements. The geographic reach of these Orders is national, as they are enforced within the Commonwealth of Australia. The Orders incorporate amendments to the International Convention for the Safety of Life at Sea (SOLAS) Chapter II-1, which were adopted by the Maritime Safety Committee of the International Maritime Organization (IMO) and are effective from 1 July 2004. These amendments are aimed at enhancing maritime safety standards and ensuring vessels meet the latest international guidelines. The Orders also give effect to IMO guidelines for the design and construction of offshore supply vessels, further ensuring that vessels comply with the highest safety and operational standards.
Key Provisions
The Marine Orders Part 12, Issue 2 - Amendment, made under subsection 425(1AA) of the Navigation Act, specifies the requirements for the construction, hull, equipment, and machinery of both SOLAS and non-SOLAS ships, ensuring compliance with the International Convention for the Safety of Life at Sea (SOLAS) Chapter II-1 and International Maritime Organization (IMO) guidelines for offshore supply vessels. It implements the recent amendments to SOLAS Chapter II-1 adopted by the Maritime Safety Committee of the IMO (section 5). The Order also includes provisions for definitions, interpretations, and footnotes to aid in understanding and applying the requirements (sections 2, 3, 10, 11, 16).
The parties or entities governed by the Act must ensure that the construction, equipment, and machinery of their ships comply with the specified requirements. Shipbuilders, owners, operators, and relevant authorities must adhere to the standards set out in the Order to maintain safety and regulatory compliance. This includes ensuring that vessels meet the structural and operational standards detailed in the Order and implementing any necessary modifications to existing vessels to align with the updated regulations (section 5).
Failure to comply with the provisions of the Marine Orders Part 12, Issue 2 - Amendment, may result in various consequences. Violations of the Order can lead to civil or criminal penalties, depending on the severity and nature of the breach. While the specific penalties are not detailed in the Order, breaches of maritime safety regulations under the Navigation Act can result in substantial fines and, in severe cases, imprisonment. The precise penalties are determined by the relevant courts based on the circumstances of each case (section 5).