Marine Orders Part 34 Amendment 2012 (No. 1)

Explanatory Statement

Marine Orders Part 34 Amendment 2012 (No. 1) (Order 2012/8)

Solid bulk cargoes

Authority

1.    Section 257 of the Navigation Act 1912 (the Navigation Act) provides that the regulations may provide for giving effect to the loading, stowing or carriage in ships of cargo, or for the unloading of cargo from ships.
2.    Subsection 425 (1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to that Act.
3.    Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in that Act for or in relation to which provision may be made by regulations.
4.    This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

5.      This Order updates a reference to the International Maritime Solid Bulk Cargoes Code following amendments to the Code made by the Maritime Safety Committee of the International Maritime Organization.

Consultation

6.      A copy of the draft of this instrument was circulated to:

American Bureau of Shipping

Australian Institute of Marine and Power Engineers

Australian Marine Pilots Association

Australian Maritime Officers Union

Australian Shipowners Association

Bureau Veritas

China Classification Society

Company of Master Mariners

Department of Infrastructure and Transport

Department of Infrastructure, Energy, Resources, Tasmania

Germanischer Lloyd

Gladstone Ports Corporation Ltd

Korean Register of Shipping

Lloyds Register

Nippon Kaiji Kyokai

Ports Australia Ltd

Shipping Australia Ltd

Rina Services S.p.A

7.      A copy of the draft was also placed on the AMSA website for public comment.

Document incorporated by reference

8.      the International Maritime Solid Bulk Cargoes Code 2012 edition and Supplement,  published by the International Maritime Organization and available through its website at http://www.imo.org.

Commencement

9.      This Order commenced on the day after it was registered.

Contents of this instrument

10.  Item 1 updates the reference to the current International Maritime Solid Bulk Cargoes Code.

11.  Item 2 add a note explaining the adoption and amendment history of the code.

Compatibility with human rights

12.  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 

13.  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 Authority Act 1990.