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
Overview
The Marine Orders, Part 19, Issue 4, was enacted in 2003 as part of the Navigation Act 1912, to align with the International Convention on Tonnage Measurement of Ships, 1969, and to provide a comprehensive framework for the ascertainment of the tonnage of ships. This legislation addresses the need for a standardised and internationally recognised method of measuring ship tonnage, ensuring compliance with global maritime regulations and facilitating smoother international trade and maritime operations. Developed by the Australian Maritime Safety Authority (AMSA), the policy objective of this issue of Marine Orders is to update the existing regulations to reflect current practices and administrative requirements, ensuring that the tonnage measurement process remains efficient and effective. The draft text was made available for public consultation, reflecting a commitment to transparency and stakeholder engagement in the legislative process.
Scope and Application
The Marine Orders, Part 19 (Tonnage Measurement) Issue 4 Order No. 2 of 2003 applies to ships that fall within the jurisdiction of the Australian Maritime Safety Authority (AMSA) and are subject to the Navigation Act 1912. These orders are made under section 425(1AA) of the Act, enabling AMSA to implement provisions related to the ascertainment of ship tonnage in alignment with the International Convention on Tonnage Measurement of Ships, 1969. The orders apply to all ships registered in Australia, as well as to foreign ships entering Australian waters, and encompass various maritime industries involved in ship operations and registration. The scope of these orders includes the delegation of tonnage measurement functions to recognised class societies, ensuring compliance with international standards and providing mechanisms for internal and external review of tonnage measurement decisions. Subordinate instruments may further extend or detail the application of these orders, subject to the overarching authority of the Navigation Act.
Key Provisions
The Marine Orders, Part 19 (Tonnage Measurement), Issue 4, establish the framework for the measurement of a ship’s tonnage in accordance with the International Convention on Tonnage Measurement of Ships, 1969. Under section 425(1AA) of the Navigation Act 1912, these orders have been made to facilitate the ascertainment of tonnage for ships. Specifically, section 425(1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, and section 425(1AA) allows the Australian Maritime Safety Authority (AMSA) to make orders concerning matters in Part XA of the Act. This particular order, therefore, serves to update and replace previous regulations and includes delegation of tonnage measurement functions to recognised class societies.
Part 19, Issue 4, imposes several obligations and requirements on the parties and entities it governs. For example, Provision 6 mandates that tonnage measurements must be conducted in accordance with the repealed Navigation (Tonnage Measurement) Regulations in certain circumstances. The Chief Marine Surveyor is tasked with determining or approving methods for determining tonnage in respect of particular craft and ships. Additionally, ships must be additionally measured to meet specific tonnage requirements as specified in Provision 6.4. Provision 7 outlines the procedures for applications for tonnage measurement and stipulates that a new tonnage measurement certificate cannot be issued for a ship that has had a decrease in its net tonnage until 12 months have elapsed from the date of issue of the ship’s current certificate. Furthermore, any alterations to a ship that result in an increase to its tonnage measurement must be reported to the relevant survey authority within 14 days, accompanied by an application for remeasurement of the ship.
Failure to comply with the requirements set out in the Marine Orders, Part 19, Issue 4, may result in various civil and criminal consequences. For instance, the orders include penal provisions that impose penalties for not reporting details of alterations to a ship that result in an increase in tonnage measurement, as well as for not reporting any changes to the tonnage of a ship. Although the exact penalties are not specified in the explanatory notes, such breaches can potentially lead to fines or other sanctions. Additionally, the issuance of an Australian Tonnage Certificate must strictly adhere to the form specified in the appendix of this Part. Any failure to comply with these requirements could result in the termination or cancellation of valid certificates, thereby affecting the ship’s legality and operational status.