Marine Orders - Part 31: Ship surveys and certification, Issue 6 - Amendment (Order No. 2 of 2008)

EXPLANATORY NOTES

Marine Orders Part 31

Ship surveys and certification

Issue 6 (Amendment)

Order No. 2 of 2008

Purpose

1. Marine Orders Part 31 — Ship Surveys and Certification gives effect to Chapter I of the International Convention for the Safety of Life at Sea 1974 (‘SOLAS’).
2. The purpose of the Marine Orders Part 31, Issue 6 – Amendment is to amend Issue 6 of Marine Orders Part 31, to give effect to the amendment of a number of certificates found in the Appendix to SOLAS that were made by Resolutions MSC.216 (82) and MSC.194 (80) of the International Maritime Organization (‘IMO’).

3.        IMO resolution MSC.216 (82) is to come into force on the following dates:

• Annex 1 — 1 July 2008;
• Annex 2 — 1 January 2009;
• Annex 3 — 1 July 2010.

1. Annex 2 to IMO resolution MSC.194 (80) is to come into force on 1 January 2009.
2. The amendments in Order No. 2 of 2008 implement the amendments made by Annexes 1 and 2 to IMO resolution MSC.216 (82) and Annex 2 to IMO resolution MSC.194 (80). 
3. Schedule 1 of the Marine Orders Part commences on 1 July 2008 and Schedule 2 of the Marine Orders Part commences on 1 January 2009.

Power

7.     Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping.  Sections 190B and 191 of the Act are found in Part IV of the Act.  Subsection 190B (1) of the Act empowers regulations to be made regarding construction, hull, equipment and machinery requirements of ships and for the survey, inspection and issuing of certificates.

8.     Subsection 191 (1) of the Act provides that the regulations may make provision for or in relation to giving effect to SOLAS.

9.     In addition, sections 206D to 206GA, which are also found in Part IV of the Act, empower the Australian Maritime Safety Authority (‘AMSA’) to prescribe cargo ship safety certificates relevant to a number of purposes including equipment, radio equipment and construction.

10. Subsection 425 (1AA) of the Act provides that AMSA may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made. 

11. The amendment of Marine Orders Part 31, Issue 6 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

Consultation

12. In addition to providing a copy of the draft Marine Orders Part 31 Amendment on AMSA’s website, a copy of the draft Amendment Marine Orders Part was provided to the following organisations for comment:

• American Bureau of Shipping;
• Australian Shipowners Association;
• Australian Transport Safety Bureau;
• Bureau Veritas;
• Class NK;
• ComCare;
• Department of Infrastructure, Transport, Regional Development and Local Government;
• Det Norske Veritas;
• Germanischer Lloyd;
• Lloyd’s Register;
• Shipping Australia Limited.

Overview

13. The Maritime Safety Committee (‘MSC’) of the IMO adopted amendments to the form of various statutory certificates contained in the Appendix to SOLAS by IMO Resolution MSC.216 (82) and Annex 2 to IMO resolution MSC.194 (80).  These amendments related to the following forms:

• Form MO-31/3 Passenger ship safety certificate;
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea 1974 (Form P);
• Form MO-31/4 Cargo ship safety certificate;
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea 1974 (Form E);
• Form MO-31/7 Cargo ship safety certificate;
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea 1974 (Form C);
• Certificate of Survey as a Passenger Ship (USL Class 1 B/C/D/E);
• Record of equipment (Form PP);
• Form MO-31/10 Certificate of survey for a cargo ship;
• Record of equipment (Form CC/EE/RR).

14. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 31 with notes after the relevant provisions.  This reflects current drafting practice and will enable future amendment of the text of a note to be easily identified and amended with minimal disruption to the Marine Orders Part.

Amendments — Schedule 1: Amendments commencing on 1 July 2008

Provision 1

15. Item [1] amends the heading of provision 1 by omitting the symbol ‘&’ and inserting the word ‘and’.

16. Items [2] and [3] amend provision 1.1 (a) by replacing footnote 1, which related to the provision, with a note that is inserted after provision 1.1 (b).  This amendment also reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.  Item [3] transfers the text of footnote 1 to a note after provision 1.1 (b). 

Provision 2, definition of Manager, Ship Inspections,

17. Item [4] amends the definition of Manager, Ship Inspections, by removing the comma after the word ‘Inspections’.  This will enable a comma to be inserted after the defined term where this is appropriate in the context of where it is used in the Marine Orders Part.

Provision 2, definition of survey authority, including footnote 2

18. Item [5] amends the definition of survey authority in provision 2 by amending the definition so that it is consistent with the definition of ‘survey authority’ found in the Act.  The definition is also amended by replacing footnote 2, which set out the survey authorities approved by AMSA, with a note that provides a link to AMSA’s website where information can be obtained regarding these authorities.

Provision 2, after the definition of surveyor

19. Item [6] inserts a note after the definition of surveyor.  The proposed note provides readers with information on how copies of IMO documents may be obtained from AMSA.  The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information.

Provision 3.4

20. Item [7] amends provision 3.4 by inserting the word ‘and’ at the end of paragraphs (a) and (b).  The item also omits the words ‘a footnote’ and inserting the words ‘a note’ in paragraph (c).  The amendment of paragraph (c) is necessary given the decision to replace footnotes with notes following the relevant provision. 

Provision 6

21. Items [8] and [9] amend provisions 6 (a) (ii) and 6 (b) by replacing footnotes 3 and 4 with 2 notes that are inserted after paragraph 6 (b) by item [10].  The text of the proposed notes is the same as that found previously in footnotes 3 and 4. 

Provision 7

22. Item [11] amends provisions 7.2 and 7.3 by replacing footnotes 5 and 6 with 2 notes that are inserted after each of those provisions.  The text of the proposed notes is the same as that found previously in the footnotes. 

Provision 10

23. Item [12] amends provision 10.1.3 by replacing footnote 7 with a note that is inserted after provision 10.1.3.  The text of the proposed note is the same as that found previously in footnote 7.

Provision 11

24. Item [13] amends provision 11.3 by replacing footnote 8 with a note that is inserted after the provision.  The text of the proposed note is the same as that the footnote it replaces.

Provision 13

25. Item [14] amends provision 13.1.2 by replacing footnote 9 with a note that is inserted after provision 13.1.2.  The text of the proposed note is the same as the footnote it replaces. 

26. Item [15] amends provision 13.2.  Paragraphs 13.2.1 (a) and (b) are recast as provisions 13.2.1, 13.2.1A and 13.2.1B. 

27. Proposed provision 13.2.1 (currently paragraph 13.2.1 (a)) is amended so that it reflects its empowering provision, section 268 of the Act, more accurately.  It also prescribes the General Manager to be the person prescribed for that section of the Act.

28. Proposed provision 13.2.1A specifically provides for subsection 268 (1E) of the Act.  Subsection 268 (1E) provides that a written report in relation to a reportable accident is in the form required by that subsection if it sets out the particulars mentioned in paragraphs 268 (1E) (a), (b) and (c).  Proposed provision 13.2.1A provides that, for the purposes of paragraphs 268 (1E) (a), (b) and (c), the prescribed particulars are those set out in Forms 31/14 and 31/15 in the Appendix.

29. AMSA Form 31/14 is an incident alert form and AMSA Form 31/15 is an incident report.  AMSA Form 31/14 enables a person, usually the master of a ship, to advise AMSA of an incident and to give brief details of it.  AMSA Form 31/15 enables a person to give AMSA more information about the accident. 

30. Proposed provision 13.2.1B sets out the time period within which a master of a ship must send AMSA Forms 31/14 and 31/15 to the General Manager.  This provision is currently paragraph 13.2.1 (b).

31. Provision 13.2.2 has not been amended.

32. Linked to paragraph 13.2.1 (a) of the Marine Orders Part 31 is footnote 10.  This footnote is replaced with a note at the end of provision 13.2.  The text of the footnote is revised so that a reference to AMSA’s webpage is included and the reference to the Manager, Ship Inspections is replaced with a reference to the General Manager.  Further, the note also mentions that a master may send AMSA a document setting out the information in AMSA Forms 31/14 and 31/15 if the master is unable to access those forms.

Provision 14

33. Item [16] amends provision 14.3.6 by replacing footnote 11 with a note that is inserted after the provision.  The text of the proposed note is the same as the footnote it replaces. 

34. Item [17] amends the opening words of provision 14.5 by replacing footnote 12 with a note that is inserted after provision 14.5 (c) by item [18].  The text of the proposed note is the same as the footnote it replaces. 

Provision 16

35. Item [19] amends the opening words of provision 16.1.1 by replacing footnote 13 with a note that is inserted after provision 16.1.3. 

36. Item [20] amends provision 16.1.3 by replacing footnote 14 with a note that is also inserted after that provision.  The text of the 2 proposed notes inserted after provision 16.1.3 is the same as the 2 footnotes that they replace.  Each note also specifies the provision to which it relates.

Appendix

37. Items [21], [23], [25], [27] and [29] amend each of the following forms by inserting a revised particulars of ship section in each of the forms:

• Form MO-31/3 Passenger safety certificate (item [21]);
• Form MO-31/4 Cargo ship safety construction certificate (item [23]);
• Form MO‑31/7 Cargo ship safety certificate (item [25]);
• Form MO-31/9 Certificate of survey as a passenger ship (USL Class 1 B/C/D/E) (item [27]);
• Form MO-31/10 Certificate of survey for a cargo ship (USL Class 2 A/B/C/D/E) (item [29]).

38. The section of the forms setting out the particulars of a ship is amended by expanding the provision that provided for the date on which the keel was laid to include the following:

• date of a ship’s building contract;
• date of a ship’s delivery;
• date on which work on a conversion, alteration or modification or a major character commenced (if relevant).

39. The purpose of these amendments is to enable State Parties, including Australia, to gain additional information about the providence and history of a ship.

40. Items [22], [24], [26], [28] and [30] amend each of the following forms in relation to a ship’s navigation systems and equipment details:

• Record of equipment for compliance with the International Convention for the Safety of Life at Sea, 1974 (Form P) (item [22]);
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea, 1974 (Form E) (item [24]);
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea, 1974 (Form C) (item [26]);
• Record of equipment for compliance with the International Convention for the Safety of Life at Sea, 1974 (Form PP) (item [28]);
• Record of equipment (Form CC/EE/RR) (item [30]).

41. The sections of the forms that provide for navigation systems and equipment details are expanded to enable details about a ship’s long-range identification system to be recorded.

Amendments — Schedule 2: Amendment commencing on 1 January 2009

Appendix

42. Item [1] amends the Form MO-31/3 Passenger safety certificate by replacing the reference to regulation II-I/13 of SOLAS with a reference to regulation II‑I/18 of SOLAS. 

43. Annex 2 to IMO resolution 194 (80) replaced the reference to regulation II‑I/13 of SOLAS in the Safety Certificate for Passenger Ship set out in the Appendix to SOLAS.  This certificate is Form MO-31/3 Passenger safety certificate in the Appendix to Marine Orders Part 31.  The amendment of this certificate by Annex 2 of the resolution is to come into force on 1 January 2009.

Australian Maritime Safety Authority

25 May 2008