Explanatory Statement
Marine Order 15 Amendment 2011 (No. 1) (Order 2011/12)
Construction —Fire protection, fire detection and fire extinction
Authority
- Subsection 191(1) of the Navigation Act 1912 (Navigation Act) provides for regulations to make provision for or in relation to giving effect to the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
- Paragraph 215(1)(b) of the Navigation Act provides that the regulations may make provision about the prevention, detection and extinction of fire on ships.
- Subsection 425(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
- Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders about any matter in the Act for or in relation to which provision may be made by regulations.
- This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
6. Marine Order 15 (MO 15) gives effect to Chapter II-2 of SOLAS and prescribes standards to be met concerning fire protection, fire detection and fire extinction for both SOLAS and non-SOLAS ships. This Order amends MO 15 to reflect recent amendments to SOLAS and the International Code on Fire Safety Systems. This Order also makes substantial drafting changes to MO 15, including changes consequential on recent amendments of Marine Order 1.
Consultation
7. A copy of the draft Order was placed on AMSA’s website. In addition, a copy of the draft Order was emailed to industry stakeholders for comment.
8. The Office of Best Practice Regulation (OBPR) was consulted on the proposed Order. OBPR considered that the amendments are minor and no further analysis in the form of a Regulation Impact Statement was required. The OBPR reference number is 13134.
Documents incorporated by reference
9. MO 15 incorporates the following documents by reference:
- SOLAS
- International Code on Fire Safety Systems.
10. Copies of those documents may be purchased from:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
Telephone +44(0)20 7735 7611
Facsimile +44(0)20 7587 3210
IMO website: http://www.imo.org
11. A list of distributors who maintain permanent stock of all IMO publications is on the IMO website. Information on obtaining copies of IMO documents referred to in this Order is on AMSA’s website: www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au
Commencement
12. This Order commences on 1 January 2012.
Contents of the amending instrument
13. Provisions 1, 2 and 3 of the Order set out the name of the amending Order, its commencement date and make the amendments set out in Schedule 1 to the amending Order.
14. Item 1 of Schedule 1 inserts a formal naming provision into MO 15.
15. Item 5 updates the definition of Fire Safety Systems Code to reflect recent amendments.
16. Item 10 substitutes new provisions about exemptions and equivalents to reflect recent amendments of MO 1.
17. Other items make various amendments of a drafting nature, including:
- omitting redundant definitions
- updating references to the Manager, Ship Inspections and Registration
- changing the Appendices to Schedules
- updating and, in some cases numbering, notes.
Making the instrument
18. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.
Overview
The Marine Order 15 Amendment 2011 (No. 1) (Order 2011/12) was introduced to align Australian maritime safety regulations with the International Convention for the Safety of Life at Sea (SOLAS) and the International Code on Fire Safety Systems. Enacted by the Australian Maritime Safety Authority (AMSA) under the authority conferred by the Navigation Act 1912 and the Australian Maritime Safety Authority Act 1990, this Order aims to ensure that both SOLAS and non-SOLAS ships meet the necessary fire protection, detection, and extinction standards. AMSA undertook consultation with industry stakeholders and the Office of Best Practice Regulation, which concluded that the amendments were minor and did not require further regulatory impact analysis. The Order incorporates relevant international codes by reference and is designed to update and streamline the existing Marine Order 15, ensuring consistency with recent international amendments and improving drafting clarity.
Scope and Application
The Marine Order 15 Amendment 2011 (No. 1) (Order 2011/12) amends Marine Order 15 to align with recent changes to the International Convention for the Safety of Life at Sea (SOLAS) and the International Code on Fire Safety Systems. This Order applies to all ships, both those subject to SOLAS and those that are not, operating within Australian waters, thereby ensuring that all vessels meet certain fire protection, detection, and extinction standards. The Australian Maritime Safety Authority (AMSA) has the authority to implement this Order under the Navigation Act 1912, which mandates regulations concerning SOLAS and fire safety on ships. The amendments are designed to incorporate recent international standards and improve the clarity and enforceability of existing regulations. The Order also references and incorporates specific international documents by reference, which can be obtained from the International Maritime Organization or through AMSA. The Order came into effect on 1 January 2012 and includes various amendments aimed at updating definitions, references, and schedules within MO 15 to reflect recent changes and enhance consistency.
Key Provisions
The main sections of the Marine Order 15 Amendment 2011 (No. 1) (Order 2011/12) are contained in Provisions 1 to 3 and Schedule 1. Provision 1 names the amending Order, Provision 2 sets the commencement date as 1 January 2012, and Provision 3 enacts the amendments specified in Schedule 1. Schedule 1 includes changes such as inserting a formal naming provision into Marine Order 15 (Item 1), updating the definition of Fire Safety Systems Code to reflect recent amendments (Item 5), and substituting new provisions about exemptions and equivalents to reflect recent amendments of Marine Order 1 (Item 10). Other items in Schedule 1 address various drafting changes, such as omitting redundant definitions, updating references, and modifying the Appendices and notes.
The Marine Order 15 Amendment 2011 (No. 1) imposes several obligations on parties and entities it governs. Firstly, it mandates that the standards concerning fire protection, fire detection, and fire extinction as prescribed in Marine Order 15 are to be met by both SOLAS and non-SOLAS ships. This includes adhering to the International Convention for the Safety of Life at Sea, 1974 (SOLAS) and the International Code on Fire Safety Systems. Secondly, the amendments require any exemptions or equivalents to be updated in line with recent changes to Marine Order 1. Thirdly, entities must ensure that their fire safety systems comply with the updated definitions and provisions within the amended Order.
The Marine Order 15 Amendment 2011 (No. 1) does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text. However, as Marine Orders are legislative instruments under the Navigation Act 1912, non-compliance with the provisions of the amended Order may result in enforcement actions. These actions could include fines, penalties, and other regulatory measures as prescribed by the Act and related maritime safety regulations. The severity of these consequences would depend on the specific nature and extent of the breach, as well as any additional provisions stipulated in the Navigation Act and associated maritime safety legislation.