Marine Orders - Part 27: Radio Equipment, Issue 2 (Order No. 9 of 2002)

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EXPLANATORY NOTES

Marine Orders, Part 27

(Radio Equipment)

Issue 2

Order No 9 of 2002


Authority

 1. Section 425(1) of the Navigation Act 1912 (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 Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV of the Act in relation to which provision may be made by regulations.

 3. Marine Orders, Part 27, Issue 2 was made pursuant to subsection 425(1AA).

 

Gazettal

 

 4. Arrangements have been made for this issue of Marine Orders Part 27 to be gazetted in the Commonwealth of Australia Gazette, Government Notices, 26 June 2002.

 

Purpose

 

 5. For the purposes of the Navigation Act Marine Orders Part 27 gives effect to Chapter IV of the International Convention on Safety of Life at Sea (SOLAS).  It prescribes matters relating to radio installations on ships, and to performance standards developed by the International Maritime Organization (IMO).

 

 6. Marine Orders Part 27, Issue 2:

  • repeals Marine Orders Part 27, Issue 1 (with the exception of an exemption or equivalent granted or recognised under Issue 1 immediately prior to this issue);
  • repeals Marine Orders Part 26, Issue 4 (with the exception of an exemption or equivalent granted or recognised under Issue 4 immediately prior to this issue);
  • gives effect to IMO Resolution MSC.69(69) amendments to Chapter IV of SOLAS.

 

Consultation

 

 7. The draft text was circulated to the relevant industry and was also placed on the AMSA external website for public comments. The Marine Order takes account of all valid comments made.

 

Overview

 8. Marine Orders Part 27 gives effect to SOLAS Chapter IV and subsequent amendments. It also prescribes matters in relation to the operation and maintenance of radio equipment, radio operators and radio log books.

 

 

 9. IMO Resolution MSC.69(69), adopted on 18 May 1998, introduces amendments to Chapter IV of SOLAS that will come into effect on 1 July 2002.

 

10. In line with IMO guidelines for the participation of non-SOLAS ships in the GMDSS, the concept of functional requirements for non-SOLAS ships is introduced.

 

11. Marine Orders Parts 26 and 27 have been combined as Part 27, as the Orders now cover the same subject matter.

 

12. The opportunity has been taken to amend the definition provision and to update other provisions to reflect the current drafting standards.

 

Contents of the Order

 

13. Provision 1 indicates the purpose for which this Order has been made.

 

14. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order.

 

15. Provision 4 specifies the ships to which this Part applies and those to which it does not apply.

 

16 Provision 5 provides for:

  • the exemption of a ship from compliance with a provision of this Part, including a possible exemption for a non-SOLAS ship that is required to undertake an international voyage and to which Chapter IV of SOLAS applies;
  • the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus, or type thereof, that is, at least, effective as that required under the Part;
  • the continuation of an exemption granted or recognised under a provision of Marine Orders Part 26, Issue 4, or Marine Orders Part 27, Issue 1.

 

17. Provision 6 provides for an internal review by the General Manager of a decision made by the Chief Marine Surveyor or the Manager 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.

 

18. Provision 7 specifies functional requirements to be met by SOLAS ships while at sea in relation to regulation 4 of Chapter IV of SOLAS. This provision also specifies functional requirements for non-SOLAS ships in respect to rendering the ship capable of providing for its own safety and the capacity to assist other ships in distress.

 

19. Provision 8 requires:

  • with respect to radio installations, equipment, watchkeeping arrangements, sources of energy, performance standards, maintenance requirements,

 

personnel and record-keeping, that a SOLAS ship must comply with Chapter IV of SOLAS, the Radio Regulations, the STCW Convention and the STCW Code (refer definitions provision);

  • with respect to radio installations, equipment, watchkeeping arrangements, sources of energy, performance standards, maintenance requirements, personnel and record-keeping a non-SOLAS ship must be such as to adequately enable the functional requirements set out in 7.2 of this issue to be met and comply with the relevant Radio Regulations, the STCW Convention and the STCW Code;
  • VHF radio installation and EPIRB requirements with respect to a ship engaged in harbour duties;
  • records, certificates and publications to be carried on a ship in relation to radio equipment.

 

20. Appendix 1 provides a list of station frequencies for GMDSS communications for the purposes of distress and safety communications, and receiving maritime safety information.

 

21. Appendix 2 provides a list of required performance standards developed by IMO that are to be used for approving equipment under this Part.

 

22. Appendix 3 provides both technical requirements for MF/HF and VHF equipment, and climatic and durability requirements for MF/HF equipment with respect to radiotelephone installation.

 

23. Appendix 4 provides climatic and durability tests in relation to radio equipment.

 

24. Appendix 5 provides definitions and specifications in relation to the installation of a ship earth station.

 

25. Appendix 6 provides requirements in relation to radio personnel on ships.

 

26. Appendix 7 provides examples of radio installation on a non-SOLAS ship that will meet the functional requirements of Provision 7.2 of this Marine Order.

 

27. Appendix 8 specifies the prescribed form of a radio log-book.

 

 

 

Australian Maritime Safety Authority

June 2002

Overview

The Marine Orders, Part 27 (Radio Equipment), Issue 2, enacted in 2002, was introduced to provide a comprehensive framework for the operation and maintenance of radio equipment on ships, ensuring compliance with international standards as set out in the International Convention on Safety of Life at Sea (SOLAS). This Marine Order was developed under the authority of the Navigation Act 1912, specifically Section 425(1AA), which allows the Australian Maritime Safety Authority (AMSA) to make orders necessary for matters in Part IV of the Act. The policy objective is to enhance maritime safety by ensuring that radio installations on ships meet stringent international performance standards, particularly in relation to the Global Maritime Distress and Safety System (GMDSS). The Order incorporates amendments from the International Maritime Organization (IMO) and reflects current drafting standards to provide clear and effective guidelines for ship operators. The public was consulted during the drafting process, and the final Order takes into account all valid comments received.

Scope and Application

The Marine Orders, Part 27, Issue 2, issued under the Navigation Act 1912, applies to all ships, both SOLAS and non-SOLAS, which need to comply with the International Convention on Safety of Life at Sea (SOLAS) Chapter IV and subsequent amendments, particularly focusing on the operation and maintenance of radio equipment. The scope of the Order encompasses the functional requirements for radio installations, equipment, watchkeeping arrangements, sources of energy, performance standards, maintenance requirements, personnel, and record-keeping. The Order extends to the entire Commonwealth of Australia, ensuring uniformity in maritime safety standards. However, specific exemptions and modifications can be applied to certain ships or radio equipment, allowing for flexibility in compliance based on individual circumstances. The Orders also incorporate IMO Resolution MSC.69(69), which amends Chapter IV of SOLAS and introduces functional requirements for non-SOLAS ships participating in the Global Maritime Distress and Safety System (GMDSS). The application of these Orders is not limited to national waters but extends to international voyages where compliance with SOLAS is required.

Key Provisions

The primary operative sections of Marine Orders Part 27, Issue 2, (section 18) mandate that ships must comply with the International Convention on Safety of Life at Sea (SOLAS) Chapter IV, which pertains to radio installations and performance standards set by the International Maritime Organization (IMO). These provisions (section 19) outline the requirements for radio installations, equipment, watchkeeping arrangements, sources of energy, maintenance, personnel, and record-keeping. SOLAS ships must adhere to Chapter IV of SOLAS, the Radio Regulations, the STCW Convention, and the STCW Code, while non-SOLAS ships must ensure their installations and arrangements are sufficient to meet the functional requirements and comply with relevant regulations and conventions. The Act imposes several obligations on the parties it governs. Ship owners and operators must ensure that their vessels comply with the specified radio equipment and performance standards. This includes maintaining appropriate watchkeeping arrangements and ensuring that radio equipment is installed, maintained, and operated according to the prescribed standards. Ship personnel, particularly radio operators, must be adequately trained and certified in accordance with the STCW Convention and Code. Additionally, ships must carry the necessary records, certificates, and publications related to their radio equipment. The Australian Maritime Safety Authority (AMSA) is tasked with enforcing these provisions and may grant exemptions or modifications to certain requirements under specific circumstances. Failure to comply with the provisions of Marine Orders Part 27 can result in significant consequences. The Act does not explicitly state penalties for non-compliance; however, breaches of maritime safety regulations generally attract penalties under the Navigation Act 1912. These penalties can include fines and imprisonment, with the severity of the penalty dependent on the nature and extent of the breach. Non-compliance with SOLAS and IMO standards can also lead to ships being detained or denied entry to ports, which can have substantial operational and financial repercussions for ship owners and operators. Additionally, failure to maintain proper radio equipment and personnel certification can compromise the safety of the ship and its crew, potentially resulting in maritime accidents and incidents.

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