Marine Orders - Part 32: Cargo Handling Equipment, Issue 2 (Amendment) (Order No. 9 of 1999)

Overview

The Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 (Amendment) Order No 9 of 1999 was enacted to refine and correct certain provisions within the existing Marine Orders, specifically addressing issues identified by the Senate Standing Committee on Regulations and Ordinances. The Australian Maritime Safety Authority (AMSA) has the authority under Section 425 (1AA) of the Navigation Act 1912 to make such amendments, which were necessary to streamline and correct administrative aspects of cargo handling equipment regulations without imposing additional burdens on individuals or businesses. The amendments were gazetted on 14 April 1999, and include modifications to the definition of Chief Marine Surveyor, correction of a cross-reference error, and the removal of an obsolete provision. This legislative refinement aims to ensure clarity and efficiency in the administration of maritime safety regulations concerning cargo handling equipment.

Scope and Application

The Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 (Amendment) Order No 9 of 1999 applies to the administration of cargo handling equipment within the maritime industry, affecting entities and individuals responsible for the design, manufacture, installation, maintenance, and inspection of such equipment. The geographic and jurisdictional reach of these amendments is national, applying across the Commonwealth of Australia. The amendments were introduced to streamline and correct existing provisions within the Navigation Act 1912, without imposing new requirements on businesses or individuals. Notably, these changes were made to meet an undertaking to the Senate Standing Committee on Regulations and Ordinances, ensuring that the amendments were intended to improve the administration of existing laws rather than introduce new obligations. The Australian Maritime Safety Authority (AMSA) was responsible for the creation of these amendments, which were subsequently gazetted in the Commonwealth of Australia Gazette on April 14, 1999. No further consultation was deemed necessary as the changes were administrative and did not extend beyond the scope of existing regulatory requirements.

Key Provisions

The key provisions of Marine Orders, Part 32(Cargo Handling Equipment) Issue 2 (Amendment) Order No 9 of 1999, as outlined in the explanatory statement, involve several amendments to existing marine regulations. Firstly, the definition of the Chief Marine Surveyor is amended (Section 1). Secondly, a cross-reference error in Provision 15.2.5 is corrected (Section 2). Lastly, an unnecessary provision, the former Provision 2.3, is removed (Section 3). These amendments were made to streamline and clarify existing regulations without introducing new requirements for individuals or businesses. These amendments impose certain obligations on the parties or entities governed by the Marine Orders. The Chief Marine Surveyor's role and responsibilities are now more clearly defined, ensuring that they have a comprehensive understanding of their duties (Section 1). The correction of the cross-reference error in Provision 15.2.5 ensures that the regulations are logically consistent and easier to follow, thereby facilitating compliance (Section 2). By removing the redundant Provision 2.3, the regulations become more streamlined and focused, reducing potential confusion and the administrative burden on businesses (Section 3). The Marine Orders, Part 32 (Cargo Handling Equipment) do not explicitly outline specific offences, penalties, or consequences for breach in the explanatory statement. However, it is important to note that non-compliance with maritime regulations can lead to serious safety hazards, and breaches may be subject to penalties under the Navigation Act 1912. Offences related to maritime safety can result in significant fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for such offences are not detailed in the explanatory statement but can be found in the relevant sections of the Navigation Act 1912. It is crucial for individuals and businesses to adhere to the amended regulations to avoid potential legal repercussions.