Marine Orders Part 31 Amendment 2012 (No. 1)

Explanatory Statement

Marine Orders Part 31 Amendment 2012 (No. 1)

Ship surveys and certification

Authority

1.    Section 191 of the Navigation Act 1912 (Navigation Act) provides for regulations to make provision for or in relation to giving effect to SOLAS.
2.    Divisions 1, 2 and 2B of Part IV of the Navigation Act provide for regulations to be made relating to the survey, inspection and certification of ships.
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 instrument was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose and overview

6.      This instrument makes minor amendments to Marine Order Part 31 (MO 31). These amendments include: updating forms for the safety certification of ships and equipment, in Schedule 1 of the Order; removing redundant definitions that are defined or explained in Marine Order 1 (Administration); and updating titles to decision makers in AMSA.

Consultation

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

Documents incorporated by reference

8.      MO 31 refers to SOLAS. SOLAS is defined as the Safety Convention in section 187A(1) of the Navigation Act.

9.      SOLAS may be purchased from:

10.  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: http://www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au.

Commencement

12.  This instrument commenced on 1 July 2012.

Contents of this instrument

13.  Sections 1, 2 and 3 of this instrument 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.

14.  Item 1 inserts a formal naming section into MO 31.

15.  Item 2 substitutes a reference to MO 31 consistent with current drafting practice.

16.  Item 3 inserts a footnote making reference to IMO Survey Guidelines under the Harmonized System of Survey and Certification.

17.  Items 4 to 7 omit some definitions used in MO 31 due to their being explained or defined in Marine Order 1 (Administration) or the Navigation Act.

18.  Items 8, 9, 11, 12, 17, 20, 21, 22 and 23 make amendments of an editorial nature.

19.  Item 10 inserts a footnote referring to IMO Code of Safety for Diving Systems.

20.  Item 11 re-names the Appendix as Schedule 1.

21.  Items 13 to 16 update four forms in Schedule 1 to reflect changes to safety certificates in the Appendix to SOLAS adopted by IMO Resolution MSC.309(88).

22.  Items 18 and 19 amend sections of MO 31 to be consistent with changes to titles of decision makers in AMSA.

Compatibility with human rights

23.  AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Making the instrument

24.  This instrument 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 Safety Authority Act 1990.