EXPLANATORY NOTES
Marine Orders, Part 27
(Radio Equipment)
Issue 3
Order No 4 of 2006
Authority
1. Subsection 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. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matters in Part IV of the Act for or in relation to which provision may be made by regulations.
3. Marine Orders, Part 27, Issue 3 was made pursuant to subsection 425(1AA).
Purpose
4. For the purposes of the Navigation Act, Marine Orders Part 27, gives effect to relevant regulations of Chapter IV (Radiocommunications) of the International Convention on Safety of Life at Sea (SOLAS); the Radio Regulations; the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention); and the Seafarers’ Training, Certification and Watchkeeping (STCW) Code.
5. Marine Orders Part 27, Issue 3:
- repeals Marine Orders Part 27, Issue 2; and
- gives effect to SOLAS amendments adopted by the International Maritime Organization (IMO) Resolution MSC.152(78): (a) harmonisation of annual testing of EPIRBs with relevant statutory surveys, and (b) 5-yearly maintenance of EPIRBs to be performed at an approved shore based maintenance facility. The amendments shall enter into force on 1 July 2006.
Consultation
6. A copy of the draft text was circulated to approved survey authorities, Shipping Australia Limited, Australian Shipowners Association, and the National Maritime Safety Committee. A copy was also placed on AMSA internet website for public comment. All valid comments were taken account of in relation to preparing the final draft.
Overview
7. In addition to giving effect to IMO Resolution MSC.152(78), the opportunity has been taken to reformat provision 1 into purpose and power, and introduce a time limit of three months to apply for internal review of a decision in Provision 6.
Contents of the Order
8. Provision 1 indicates both the purpose of the Order and the power to make this Order, pursuant to the Navigation Act.
9. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order.
10. Provision 4 specifies the ships to which this Part applies and those to which it does not apply. The provision also indicates that the Part does not prevent the use of a means, not specified in this Part, for the purpose of communicating to obtain assistance.
11 Provision 5 provides for:
- the exemption, or partial exemption, of a ship from compliance with a provision of this Part, including an exemption for a non-SOLAS ship that is required to undertake an international voyage 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; and
- the continuation of an exemption granted or recognised under a provision of Marine Orders Part 27, Issue 2.
12. Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, or the Manager, Ship Operations, under this Part and specifies the lodgement date for an internal review application. 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.
13. 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.
14. Provision 8 specifies particular requirements of both a SOLAS and a non-SOLAS ship with respect to radio installations, equipment, watchkeeping arrangements, sources of energy, performance standards, maintenance requirements, personnel and record-keeping.
15. Appendix 1 provides station frequencies for GMDSS communications for the purposes of distress and safety communications and receiving maritime safety information.
16. Appendix 2 provides technical requirements for MF/HF and VHF equipment.
17. Appendix 3 provides details of climatic and durability tests in relation to radio equipment referred to in Appendix 2 of this Part.
18. Appendix 4 provides both a definition of a ship earth station, and specifications in relation to the installation of a ship earth station.
19. Appendix 5 provides requirements in relation to radio personnel on ships.
20. Appendix 6 provides examples of radio installation on a non-SOLAS ship that will meet the functional requirements of Provision 7.2 of this Part.
21. Appendix 7 provides the prescribed form of a radio log-book.
22. Documents incorporated by reference in the Order
- Current edition of the Marine Radio Operators Handbook, published by the Australian Communications Authority;
- Current edition of the handbook for GMDSS ship station operators, published by AMSA;
- Current edition of the Manual for use by the Maritime Mobile and the Maritime Mobile-Satellite Services, published by the International Telecommunication Union (ITU);*
- List of Ship Stations, published by the ITU;*
- Current edition of the List of Call Signs and Numerical Identities of Stations used by the Maritime Mobile Satellite Services, published by the ITU;*
- Radio Regulations published by the ITU* can be purchased from Boat Books (addresses below), or from the ITU web site: http://www.itu.int/home/;*
- Current edition of the Admiralty List of Radio Signals, published by the Hydrographer of the Navy (UK).
The following publications can be purchased from either the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone
+ 44 (0)20 7735 7611 – facsimile +44 (0)20 7587 3210 – IMO web site: http://www.imo.org, or Boatbooks:
- 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;
- 214 St Kilda Road, St Kilda, Vic 3182 - telephone (03) 9525 3444;
- 109 Albert Street, Brisbane, QLD, 4000 -telephone (07) 3229 6427;
- Web address: http://www.boatbooks-aust.com.au/.
- International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
- International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) and Seafarer's Training, Certification and Watchkeeping Code (STCW Code).
Australian Maritime Safety Authority
May 2006