Explanatory Statement
Marine Orders Part 31 Amendment 2012 (No. 1)
Ship surveys and certification
Authority
- Section 191 of the Navigation Act 1912 (Navigation Act) provides for regulations to make provision for or in relation to giving effect to SOLAS.
- 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.
- 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 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.
Overview
The Marine Orders Part 31 Amendment 2012 (No. 1) was enacted to make minor amendments to Marine Order Part 31 (MO 31) concerning the safety certification of ships and equipment. This legislative instrument was introduced to address the need for updating the forms used in the certification process, removing redundant definitions, and aligning the titles of decision makers within the Australian Maritime Safety Authority (AMSA). The amendments were made under subsection 425(1AA) of the Navigation Act 1912, with the authority granted by the Australian Maritime Safety Authority Act 1990. The policy objective of this amendment is to ensure the safety certification processes are up-to-date and consistent with international standards, specifically those set by the International Maritime Organization (IMO). The instrument was subject to public consultation and commenced on 1 July 2012, reflecting AMSA's commitment to maintaining safety standards in line with global maritime regulations.
Scope and Application
The Marine Orders Part 31 Amendment 2012 (No. 1) pertains to the survey, inspection and certification of ships, with a specific focus on updating forms for safety certification and removing redundant definitions, as well as updating titles to decision makers within the Australian Maritime Safety Authority (AMSA). This legislative instrument is applicable to entities involved in the maritime industry, including ship owners, operators, and other stakeholders who must comply with the regulations under the Navigation Act 1912. It operates nationally, given that AMSA is the Commonwealth authority responsible for maritime safety, including the regulation of ship certification. The amendments made by this instrument are largely editorial and technical, aimed at ensuring that the marine orders align with current practices and international standards, particularly those set by the International Maritime Organization (IMO). There are no specific exclusions or thresholds mentioned in the explanatory statement, and the instrument is effective from its commencement date of 1 July 2012. The application of this Act can be further detailed or extended through subordinate instruments as necessary to maintain compliance with international maritime safety conventions such as SOLAS.
Key Provisions
The Marine Orders Part 31 Amendment 2012 (No. 1) modifies Marine Order Part 31 (MO 31) concerning ship surveys and certification. It updates the forms used for safety certification of ships and equipment, as seen in Schedule 1 of the Order. Additionally, it removes redundant definitions that are either defined or explained elsewhere in Marine Order 1 (Administration) or the Navigation Act. The changes also include updating titles of decision makers within the Australian Maritime Safety Authority (AMSA). These amendments are intended to streamline and clarify the processes outlined in MO 31, ensuring they remain current with international standards and practices.
Entities and individuals governed by the Marine Orders Part 31 Amendment 2012 (No. 1) must ensure compliance with the updated forms and processes for ship surveys and certification as outlined in Schedule 1. This includes ship owners, operators, and surveyors who must use the new forms and follow the updated procedures. The amendments also require AMSA to maintain consistency in the titles of decision makers, ensuring that all communications and documentation reflect these changes. All parties must be aware of and implement these updates to maintain compliance with maritime safety regulations.
Breaches of the provisions in the Marine Orders Part 31 Amendment 2012 (No. 1) can result in penalties. While the specific penalties are not detailed in the explanatory statement, non-compliance with marine safety regulations can lead to fines, legal action, and other enforcement measures. These consequences are intended to ensure that all parties adhere to the updated safety certification processes and maintain high standards of maritime safety. The severity of the penalties may depend on the nature and extent of the non-compliance, and the authorities have the discretion to enforce these penalties as appropriate.
In summary, the Marine Orders Part 31 Amendment 2012 (No. 1) introduces necessary updates to ensure that ship surveys and certification processes are in line with current standards and practices. It imposes obligations on ship owners, operators, and surveyors to use the new forms and follow the updated procedures. Failure to comply with these amendments can result in penalties, including fines and other enforcement actions. This legislative update aims to enhance maritime safety and ensure that all parties involved in ship certification adhere to the highest standards.