EXPLANATORY NOTES
Marine Orders, Part 16 — Load Lines
Issue 3 (Amendment)
Order No. 7 of 2008
Purpose
- Marine Orders Part 16 —Load Lines gives effect to the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 (‘the Load Line Convention’).
- Marine Orders Part 16, Issue 3 – Amendment gives effect to a number of technical amendments made to the Load Line Convention by International Maritime Organization (‘IMO’) Resolution MSC.223 (82).
3. The amendments made by IMO resolution MSC.223 (82) came into force on 1 January 2005. To give effect to this resolution, Marine Orders Part 16 amendment commences on 1 July 2008.
Power
4. Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping. Subsection 220 (1) of the Act enables regulations to make provision for and in relation to giving effect to the Load Line Convention.
5. Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
6. Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (‘AMSA’) may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made.
7. Marine Orders Part 16, Issue 3 — Amendment is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.
Consultation
8. In addition to providing a copy of the draft Marine Orders Part 16, Issue 3, Amendment, on AMSA’s website, a copy was provided to the following organisations for comment:
- American Bureau of Shipping;
- Australian Shipowners Association;
- Bureau Veritas;
- China Classification Society;
- Department of Infrastructure, Transport, Regional Development and Local Government;
- Det Norske Veritas;
- Germanischer Lloyd;
- Lloyd’s Register;
- Nippon Kaiji Kyokai;
- Shipping Australia Limited.
Overview
9. Marine Orders Part 16, Issue 3, Amendment, gives effect to amendments of the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (‘the Protocol’), which:
- corrected a misprint in regulation 22 (4) of the Protocol; and
- corrected the definition of ‘d1’ in regulation 39 (1) of the Protocol.
10. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 16 with notes after the relevant provisions. This reflects current drafting practice and will enable future amendment of the text of a note to be easily identified and amended with minimal disruption to the Marine Orders Part.
Amendments commencing on 1 July 2008
Provision 1
11. Item [1] amends the heading of provision 1 by omitting the symbol ‘&’ and inserting the word ‘and’.
Provision 2, definition of Chief Marine Surveyor
12. Item [2] omits the definition of Chief Marine Surveyor because this term has been replaced by the proposed definition Manager, Ship Inspections that is inserted by item [4].
Provision 2, definition of IMO, including footnote 1
13. Item [3] amends the definition of IMO by replacing the reference to footnote 1, which related to the definition, with a proposed note that is inserted after the definition of USL Code by item [9].
Provision 2, after definition of load line certificate
14. Item [4] inserts the proposed definition Manager, Ship Inspections. This definition replaces that of Chief Marine Surveyor which is omitted by item [2]. This amendment ensures that the correct definition of this position is included in the Marine Orders Part.
Provision 2, definition of penal provision, including footnote 2
15. Item [5] amends the definition of penal provision in provision 2 by updating the reference to the Navigation (Orders) Regulations 1980 so that it reflects current drafting practice. The definition is also amended by replacing footnote 2, which related to the definition, with a note. This amendment also reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.
16. The note following the definition of penal provision amends the references to the number of penalty units that an individual and a body corporate may receive if found guilty of an offence, so that these accurately reflect subregulation 4 (1) of the Navigation (Orders) Regulations 1980.
Provision 2, definition of survey authority, including footnote 3
17. Item [6] amends the definition of survey authority in provision 2 so that it is consistent with the definition of this term that is found in the Act. The definition also replaces footnote 3, which set out the survey authorities approved by AMSA, with a note that provides a link to AMSA’s website where information can be obtained regarding these authorities.
Provision 2, definition of surveyor
18. Item [7] amends the definition of surveyor so that the citation of section 190 of the Act reflects current drafting practice.
Provision 2, definition of the Load Line Convention, including footnote 4
19. Item [8] amends the definition of the Load Line Convention by replacing the reference to footnote 4 and inserting a proposed note after the definition. The proposed note updates the reference to the IMO publication that has published of the Load Line Convention and cites the IMO resolution that has amended the Convention.
Provision 2, after definition of USL Code
20. Item [9] inserts a note after the definition of USL Code in provision 2. The proposed note is currently referred to in the definition of IMO as footnote 1 which is amended by item [3]. The footnote is repositioned at the end of provision 2 to be consistent with similar notes that are found in other Marine Orders Parts. The proposed note provides readers with information on how copies of IMO documents may be obtained from AMSA. The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information.
Provisions 3.2, 3.3 and 3.4, including footnote 5
21. Item [10] provision 3.2 has been recast to make it more reader-friendly and the references to the Chief Marine Surveyor have been replaced with references to the Manager, Ship Inspections.
22. In addition, provision 3.2 (a) updates the references to the Articles and Regulations of the Load Line Convention in which a reference to ‘the Administration’ is taken to mean ‘the assigning authority’. Provision 3.2 (b), however, provides that the use of term ‘the Administration’ in an Article or Regulation of the Convention other than those set out in paragraph (a) means the Manager, Ship Inspections.
23. Item [10] also amends provision 3.3 by replacing references to the Chief Marine Surveyor with references to the Manager, Ship Inspections. The reference to footnote 5 is the provision is replaced with a proposed note that is inserted at the end of the provision.
24. Item [10] amends provision 3.3 by inserting the word ‘and’ at the end of paragraphs (a) and (b). The item also omits the words ‘a footnote’ and inserts the words ‘a note’ in paragraph (c). The amendment of paragraph (c) is necessary given the decision to replace footnotes with notes following the relevant provision.
Provision 4, including footnote 6
25. Item [11] amends provision 4.2 by replacing the reference to footnote 6 is with a proposed note that is inserted at the end of the provision.
Provision 5, including footnote 7
26. Item [12] amends provision 5 by replacing references to the Chief Marine Surveyor with references to the Manager, Ship Inspections. The reference to footnote 7 is the provision is replaced with a proposed note that is inserted at the end of the provision.
Provision 6
27. Item [13] amends provision 6.1.1 to insert a 3 month time limit on an internal review application in relation to a decision made by the Manager, Ship Inspections. This amendment ensures that the Marine Orders Part is consistent with other Marine Orders Parts, and provides certainty for decisions made by the Manager, Ship Inspections in terms of possible reviews.
Provision 7A
28. Item [14] inserts proposed provision 7A. The purpose of this proposed provision is to require an assigning authority, other than the Manager, Ship Inspections, to advise the Manager, Ship Inspections if a decision is made under any of the provisions of the Load Line Convention mentioned in the proposed provision. This amendment ensures that AMSA is abreast of decisions made by assigning authorities in respect of the Convention.
Provision 9, including footnote 8
29. Item [15] amends provision 9 by replacing references to the Chief Marine Surveyor with references to the Manager, Ship Inspections. The reference to footnote 8 in the provision is replaced with a proposed note that is inserted at the end of the provision.
Provision 11, including footnote 9
30. Item [16] amends provision 11 by replacing the reference to footnote 9 with a proposed note that is inserted after the provision. The proposed note also includes a reference to AMSA’s website where further information may be obtained regarding AMSA approved survey authorities.
Provision 13, including footnote 10
31. Item [17] amends provision 13 by replacing the reference to footnote 10 with a proposed note that is inserted after the provision.
Provision 14, including footnote 11
32. Items [18] and [19] amend provision 14.2 by replacing the reference to footnote 11 with a proposed note that is inserted after provision 14.2.3.
Provision 15, including footnotes 12 and 13
33. Item [20] amends provision 15.2.1 by replacing the references to footnotes 12 and 13 in provisions 15.2.1 (a) and (b) with 2 proposed notes that are inserted after the provision. Each proposed note specifies the paragraph to which it relates. In addition, the references to Chief Marine Surveyor are replaced with references to Manager, Ship Inspections.
Provision 16, including footnote 14
34. Item [21] amends provision 16 by replacing the reference to footnote 14 with a proposed note that is inserted after the provision.
Provision 20
35. Item [22] revises provision 20 substantially. Provision 20.1 is amended so that it accurately reflects Article 19 (9) of the Convention. Article 19 (9) of the Convention sets out the circumstances in which an international load line certificate and an international load line exemption certificate ceases to be valid. A note is inserted after provision 20.1 to inform readers of the circumstances mentioned in Article 19 (9) of the Convention.
36. Proposed provision 20.2 requires the owner of a ship whose load line certificate ceases to be valid, to return the certificate to the Manager, Ship Inspections or the relevant assigning authority.
37. The contents of proposed provision 20.3 are the same as that of provision 20.2 prior to amendment of provision 20 by Order No. 7 of 2008.
38. Proposed provision 20.4 is similar in content to that of provision 20.3 (prior to amendment), however it is amended so that references to the cancellation of a load line certificate are replaced with references to a load line certificate ceasing to be valid. This amendment ensures that provision 20.4 accurately reflects Article 19 (10) of the Load Line Convention.
Appendix, clause 8 including footnote 15
39. Item [23] amends clause 8 of the Appendix by replacing the reference to the Chief Marine Surveyor with a reference to the Manager, Ship Inspections. The reference to footnote 15 in clause 8.1 is replaced with a proposed note that is inserted at the end of the clause 8.2.
Further amendments — Manager, Ship Inspections
40. Item [24] replaces references to Chief Marine Surveyor with the proposed definition Manager, Ship Inspections to the provisions listed in the item.
Australian Maritime Safety Authority
4 June 2008