Marine Orders Part 25 Amendment 2011 (No. 1)

Explanatory Statement

Marine Order Part 25 Amendment 2011 (No. 1)

Equipment — life-saving

Authority

1.    Subsection 191(1) of the Navigation Act 1912 (Navigation Act) provides that the regulations may provide for giving effect to SOLAS.
2.    Section 215 of the Navigation Act provides that the regulations may make provision for or in relation to the saving of life at sea, including the appliances to be carried and the measures to be observed on ships for the saving of life at sea and the exemption of ships from any requirement of the Navigation Act that relates to the saving of life at sea.
3.    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.
4.    Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.
5.    This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose and overview

6.      Marine Order 25 (MO 25) gives effect to SOLAS Chapter III (Life-saving appliances and arrangements) and the International Life-Saving Appliance Code (the LSA Code).  This Order amends MO 25 to take account of recent amendments of the LSA Code.  The Order also makes substantial drafting changes to MO 25, including changes consequential on recent amendments of Marine Order 1 (MO 1).

Contents of the Order

7.      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 the numbered items in Schedule 1 to the amending Order.

Item [1] inserts a formal naming provision into MO 25.

Items [2] to [7] deal with the omission and substitution of various definitions and notes about definitions.

Item [10] substitutes new provisions about exemptions and equivalents to reflect recent amendments of MO 1.

Item [12] substitutes a revised penal provision dealing with damage to life-saving appliances and related equipment.

Item [13] substitutes a new provision 10.3.4 to include a reference to a recent International Maritime Organization Resolution.  The provision has also been re-cast in a clearer form.

Items [18] to [43] amend Appendix 1, including re-naming it as Schedule 1.

Items [44] to [48] make various amendments of a drafting nature, including omitting redundant definitions.

Consultation

8.      A draft of the proposed Order was placed on the AMSA external website for public comment. A request to comment and a copy of the draft Order was also provided to industry stakeholders.

Documents incorporated by reference

9.      The LSA Code.

10.  The LSA Code 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

12.  This Order 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.