EXPLANATORY NOTES

Marine Orders, Part 19

(Tonnage Measurement)

Issue 4

Order No. 2 of 2003

 1. Section 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

 2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part XA of the Act in relation to which provision may be made by regulations.

 3. Marine Orders, Part 19, Issue 4, was made pursuant to s.425(1AA).

Gazette

 4. Arrangements have been made for this issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 12 February 2003.

Purpose

 5. Marine Orders Part 19, for the purpose of section 405E of the Navigation Act, gives effect to the International Convention on Tonnage Measurement of Ships, 1969, and generally provides for the ascertainment of the tonnage of ships.

 6. Part 19, Issue 4:

• repeals Part 19, Issue 3;
• updates the format and definitions of Part 19;
• includes the delegation of the tonnage measurement function to recognised class societies.

Consultation

7. The draft text of this issue was placed on the AMSA web site for public comment.

Overview

 8. This issue has been updated to reflect current practices and current AMSA position titles already operating in respect of the administration of Part 19.

 9. Provisions have been reformatted to conform to the current drafting style used for Marine Orders. Definitions have been updated including the definition survey authority.

Contents of the Order

10. Provision 1 indicates the purpose for which this Order has been made and its relationship to the Navigation Act.

11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of this Part.

12. Provision 4 specifies the type of ships to which this Part applies.

13. Provision 5 provides for an internal review by the General Manager of a decision made by the Chief Marine Surveyor under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.

14. Provision 6 provides:

• a definition of tonnage measurement of a ship for the purposes of the Navigation Act and regulations made under that Act, for Marine Orders, certain international conventions, prescribed forms, certificates and documents;

• for tonnage to be measured in accordance with the repealed Navigation (Tonnage Measurement) Regulations in certain circumstances;
• for the Chief Marine Surveyor to determine or approve methods for determining tonnage in respect of particular craft and ships;
• for a ship to be additionally measured to meet particular tonnage requirements as specified at Provision 6.4.

15. Provision 7 specifies:

• procedures in relation to applications for tonnage measurement of a ship;
• that a new tonnage measurement certificate cannot be issued for a ship that has had a decrease in its net tonnage until 12 months has elapsed from the date of issue of the ship’s current certificate.

16. Provision 7 requires:

• details of alterations to a ship, which has resulted in an increase to the tonnage measurement, now be sent to the relevant survey authority within 14 days, together with an application for remeasurement of the ship (penal provision);
• details of any changes to tonnage of a ship to be sent to the Chief Marine Surveyor. This requirement is a new penal provision.

17. Provision 8 specifies that the issue of an Australian Tonnage Certificate must be in accordance with the form in the appendix of this Part. The provision also prescribes conditions for termination and cancellation of valid certificates of both an International Tonnage Certificate and an Australian Tonnage Certificate.

18 The Appendix provides the form to be used for the issue of an Australian Tonnage Certificate.

 Australian Maritime Safety Authority

February 2003