Explanatory Statement
Marine Order Part 25 Amendment 2011 (No. 1)
Equipment — life-saving
Authority
- Subsection 191(1) of the Navigation Act 1912 (Navigation Act) provides that the regulations may provide for giving effect to SOLAS.
- 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.
- 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.
- 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.
- 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.
Overview
The Marine Order Part 25 Amendment 2011 (No. 1) was enacted to update and align the Marine Orders with the latest amendments to the International Life-Saving Appliance Code (LSA Code) under the Navigation Act 1912. The purpose of this legislative instrument is to ensure that Australia's maritime safety regulations are consistent with international standards for life-saving appliances and arrangements at sea. This Order was made by the Australian Maritime Safety Authority (AMSA) under the authority granted by the Australian Maritime Authority Act 1990 and serves as a legislative instrument for the Legislative Instruments Act 2003. The policy objective is to enhance maritime safety by ensuring that Australian ships comply with the latest international life-saving standards and practices. The amendments include updates to definitions, exemptions, and the incorporation of recent International Maritime Organization resolutions into the Marine Orders. The Order also involves substantial drafting changes to improve clarity and consistency across the regulations.
Scope and Application
The Marine Order Part 25 Amendment 2011 (No. 1) applies to ships operating within Australian waters, governed by the Navigation Act 1912. It specifically addresses compliance with the International Life-Saving Appliance Code (LSA Code), ensuring that all relevant vessels adhere to the safety standards outlined in the SOLAS Chapter III concerning life-saving appliances and arrangements. The amendment serves to update the existing regulations in line with recent changes to the LSA Code and incorporates clearer drafting to enhance understanding and enforcement. The Order, enacted by the Australian Maritime Safety Authority (AMSA), is designed to enhance maritime safety by ensuring that ships maintain and carry appropriate life-saving equipment as stipulated by international maritime standards. It covers a broad range of vessels and maritime activities within Australia’s jurisdiction, including territorial waters and areas subject to Australian regulatory oversight. While the Order does not explicitly state exclusions, it is implicitly applicable to all vessels navigating under Australian flag or within Australian waters, except where specific exemptions are provided by other regulatory provisions.
Key Provisions
The Marine Order Part 25 Amendment 2011 (No. 1) outlines key provisions that align with the International Convention for the Safety of Life at Sea (SOLAS) Chapter III and the International Life-Saving Appliance Code (LSA Code). This amendment, particularly under sections 191(1) and 215 of the Navigation Act 1912, mandates the implementation of regulations for life-saving appliances and measures on ships. The changes incorporate recent updates to the LSA Code and restructure existing provisions for clarity and consistency. The amendments are detailed in Schedule 1 of the Order, covering definitions, exemptions, and specific requirements for life-saving equipment.
Under this legislation, the Australian Maritime Safety Authority (AMSA) is tasked with ensuring compliance with the amended Marine Order 25 (MO 25). Ship owners, operators, and masters are required to adhere to the new regulations, which include updated definitions, exemptions, and equipment standards. These obligations extend to ensuring that all life-saving appliances are in proper working order, clearly marked, and readily accessible during emergencies. The authorities also have the responsibility to enforce these regulations through inspections and audits.
Failure to comply with the provisions of this Marine Order can result in significant legal consequences. Offences under this legislation may include damage to or improper maintenance of life-saving appliances, which can lead to civil penalties. The maximum penalties for breaches may vary, but they are designed to ensure stringent enforcement of safety standards at sea. In cases of severe non-compliance or endangerment of life, criminal penalties may also be applicable, reflecting the serious nature of maritime safety regulations.
The amendment process involved public consultation, where a draft of the proposed Order was made available for public comment. This ensures that stakeholders have an opportunity to provide feedback and that the regulations are practical and effective. Additionally, the LSA Code, which is integral to the Order, can be obtained from the International Maritime Organization (IMO) or through AMSA’s website. This makes the necessary documentation readily accessible for compliance purposes.
Overall, the Marine Order Part 25 Amendment 2011 (No. 1) serves to enhance maritime safety by updating and clarifying the regulations for life-saving equipment on ships. It imposes clear obligations on maritime entities to ensure that safety standards are met, and it outlines the consequences for non-compliance, reinforcing the importance of adherence to these critical safety measures.