Marine Orders - Part 17: Liquefied gas carriers and chemical tankers, Issue 6 - Amendment (Order No. 3 of 2008)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008L01734 Not in force Legislative Instrument

Legislation content

EXPLANATORY NOTES

Marine Orders Part 17

(Liquefied gas carriers and chemical tankers)

Issue 6 — Amendment

Order No 3 of 2008

 

Purpose

  1. Marine Orders Part 17 — Liquefied Gas carriers and Chemical Tankers:
  • gives effect to Parts B and C of Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’).  Parts B and C provide for the construction and equipment of ships carrying liquefied chemicals and gases in bulk;
  • gives effect to Regulation 11 of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, (‘MARPOL 73/78’), which sets out requirements for minimising accidental pollution; and
  • makes provision for and in relation to the loading, stowing and carriage by ships of dangerous liquid chemicals and liquefied gases.

2.                The purpose of Marine Orders Part 17, Issue 6 — Amendment is to give effect to:

  •   amendments to the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (‘the GC Code’) made by International Maritime Organization (‘IMO’) Resolution MSC.225 (82);
  •   amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (‘the IBC Code’) made by IMO Resolution MSC.219 (82); and
  •   amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (‘the IGC Code’) made by IMO Resolution MSC.220 (82).

 

Power

3.               Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping.  Sections 191, 253A, 257 and 267P of the Act are found in Part IV.

4.               Section 191 of the Act provides for regulations to make provision for or in relation to giving effect to SOLAS.

5.               Subsection 253A (1) of the Act empowers regulations to be made in relation to the carriage of dangerous goods in ships.

6.               Subsection 257 (1) of the Act provides that the regulations may make provision for or in relation to the loading, stowing and carriage of cargo in ships.

7.               Section 267P of the Act makes provision for and in relation to giving effect to Regulation 11 of Annex II to MARPOL 73/78.

8.               Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.

9.               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. 

10.           The amendment of Marine Orders Part 17, Issue 6 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

 

Consultation

11. In addition to providing a copy of the draft Marine Orders Part 17, Issue 6, Amendment on AMSA’s website, a copy was provided to the following organisations for comment:

  • American Bureau of Shipping;
  • Australian Shipowners Association;
  • Bureau Veritas;
  • Department of Infrastructure, Transport, Regional Development and Local Government;
  • Det Norske Veritas;
  • Germanischer Lloyd;
  • Lloyd’s Register;
  • Shipping Australia Limited.

 

Overview

12. The amendment of Marine Orders Part 17 gives effect to the amendment of the GC Code by IMO resolutions MSC.99 (73) and MSC.225 (82) and the amendment of the IGC Code by IMO resolution MSC.220 (82) which:

  • revised the fire safety requirements in Chapter II‑2 of SOLAS; and
  • added 2 new products, dimethyl ether and carbon dioxide, to the table of minimum requirements mentioned in Chapter XIX of the GC Code.

13. The amendments made by these IMO resolutions come into effect on 1 July 2008.

14. The amendment of Marine Orders Part 17 also gives effect to the amendment of the IBC Code by IMO resolutions MSC.219 (82) and MEPC.166 (56) by:

  • amending paragraphs 11.1.1.4 to 11.1.1.8 in relation to monitoring the concentration levels of flammable gases;
  • inserting paragraph 11.1.4 of Chapter 11 of the IBC Code which extends the period for implementing the fire protection and fire extinction requirements mentioned in SOLAS regulation II‑2/regulation 1.6.7; and
  • replacing Chapters 17, 18 and 19 of the IBC Code.

15. The amendments made by these IMO resolutions come into effect on 1 January 2009.

16. Schedule 1 of Marine Orders Part 17, Issue 6, Amendment, inserts those amendments that come into operation on 1 July 2008.  Schedule 2 of Marine Orders Part 17, Issue 6, Amendment, inserts the amendment that comes into operation on 1 January 2009.

17. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 17 with notes after the relevant provisions.  This reflects current drafting practice.

Amendment of principal provisions

Schedule 1: Amendment to come into operation on 1 July 2008

 

Provision 1, including footnote 1

18. Item [1] amends the heading of provision 1 by replacing the symbol ‘&’ with the word ‘and’ after the word ‘Purpose’.  This ensures that the title of this provision is consistent with other Marine Orders Parts.

19. Item [2] amends provision 1.1 (a) by replacing footnote 1 with a note that is inserted after provision 1.1 (c) by item [3].  The text of the note is the same as that found in footnote 1.  This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.

Provision 2, definition of GC Code

20. Item [4] amends the definition of GC Code in provision 2 by updating the references to the IMO resolutions that have amended the GC Code. 

Provision 2, definition of IGC Code

21. Item [5] amends the definition of IGC Code in provision 2 by updating the references to the IMO resolutions that have amended the IGC Code. 

Provision 2, definition of penal provision, including footnote 2

22. Item [6] 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.

23. 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

24. Item [7] amends the definition of survey authority in provision 2 by amending the definition so that it is consistent with the definition of ‘survey authority’ found in the Act.  The definition is also amended by replacing 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

25. Item [8] amends the definition of surveyor by replacing the reference to ‘s.190’ with a reference to ‘section 190’ so that the definition is consistent with other Marine Orders Parts.

Provision 2, after definition of surveyor

26. Item [9] inserts a note after the definition of surveyor in provision 2.  The proposed note is currently referred to provision 3.1 as footnote 4 which is amended by item [10].  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.

Provision 3, including footnote 4

27. Item [10] amends provision 3.1 by omitting the reference to footnote 4.  See item [9] for further information.  Item [10] also amends provision 3.2 by inserting the word ‘and’ at the end of paragraph (a).  The item also omits the words ‘a footnote’ and inserting the words ‘a note’ in paragraph (b).  The amendment of paragraph (b) is necessary given the decision to replace footnotes with notes following the relevant provision. 

Provision 5, including footnote 5

28. Items [11] and [12] amend the heading of provision 5 by omitting the symbol ‘&’ and replacing footnote 5 with a note that is inserted after provision 5.3.  This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.  

 

Schedule 2: Amendment to come into operation on 1 January 2009

Provision 2, definition of IBC Code

29. Item [1] amends the definition of IBC Code in provision 2 by updating the references to the IMO resolutions that have amended the IBC Code which will come into operation on 1 January 2009.

 

Australian Maritime Safety Authority

25 May 2008

 

Overview

The Marine Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers) Amendment Order 2008 was enacted to align Australian maritime safety regulations with updated international standards set by the International Maritime Organization (IMO). This legislative amendment was introduced to address the need for updated safety and environmental protection standards in the carriage of liquefied gases and dangerous liquid chemicals by sea. The Australian Maritime Safety Authority (AMSA), as the enforcing body under the Navigation Act 1912, was tasked with making these amendments to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). The policy objective was to enhance the safety and environmental protection measures concerning the construction, equipment, loading, and carriage of hazardous materials on ships. This amendment was made pursuant to subsection 425(1AA) of the Navigation Act 1912, which empowers AMSA to issue orders to give effect to the Act. The amendments were drafted following consultation with various maritime industry stakeholders, including ship classification societies, shipowners' associations, and government departments, to ensure that the changes were practical and effective. The amendments to Marine Orders Part 17 incorporated updates to the IMO's Codes for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk and Dangerous Chemicals in Bulk, reflecting the latest international safety standards and addressing new substances such as dimethyl ether and carbon dioxide.

Scope and Application

The Marine Orders Part 17 (Liquefied Gas Carriers and Chemical Tankers) is a piece of Australian maritime legislation that applies to the construction, equipment, and operation of ships carrying liquefied gases and dangerous liquid chemicals in bulk, in order to ensure compliance with international maritime safety and pollution prevention standards. This legislation applies to shipbuilders, ship owners, operators, and other relevant parties involved in the maritime industry. The Act operates nationally and is aligned with the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). The Orders provide specific technical and operational requirements to mitigate risks associated with the carriage of these hazardous materials. The Orders also make provision for and in relation to the loading, stowing, and carriage of dangerous liquid chemicals and liquefied gases by ships. The Orders can be extended or restricted through subordinate instruments such as regulations and further amendments, which may be made by the Australian Maritime Safety Authority (AMSA) to implement changes in international standards or to address emerging safety and environmental concerns.

Key Provisions

The key provisions of Marine Orders Part 17, Issue 6 — Amendment (F2008L01734) largely concern the construction, equipment, loading, stowing, and carriage of liquefied gases and dangerous liquid chemicals in ships. The main operative sections (section 191, subsections 253A(1), 257(1), and section 267P of the Navigation Act 1912) require compliance with international maritime safety and pollution prevention conventions, specifically the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). These sections empower the creation of regulations and orders to ensure Australian shipping adheres to these international standards. Section 425(1) of the Act further empowers the Governor-General to make necessary regulations and allows the Australian Maritime Safety Authority (AMSA) to issue orders concerning maritime matters. The Act imposes specific obligations on ship owners, operators, and relevant maritime authorities. Ship owners and operators must ensure their vessels meet the updated standards set forth in the amended International Codes for the Construction and Equipment of Ships Carrying Liquefied Gases and Dangerous Chemicals (GC Code, IGC Code, and IBC Code). These codes now include revised fire safety requirements and specifications for new products such as dimethyl ether and carbon dioxide. Ship operators must also adhere to new guidelines for monitoring flammable gases and implementing fire protection and extinction measures. AMSA is responsible for enforcing these standards, which include conducting inspections and issuing certificates of compliance. Breaches of these provisions can result in both civil and criminal penalties. Under section 267P of the Navigation Act, individuals and corporate entities can be prosecuted for non-compliance with the regulations concerning the carriage of dangerous goods and the prevention of pollution. The Navigation (Orders) Regulations 1980 specify that individuals can be fined up to 120 penalty units and corporate entities up to 600 penalty units for each offence. Additionally, continued non-compliance or repeated offences can lead to more severe penalties, including imprisonment. The exact penalties depend on the severity of the breach and the discretion of the court.

Legal classification tags

Area of Law
Maritime Law
Instrument
Order
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.