Marine Orders Part 34 Amendment 2012 (No. 1)

Overview

The Marine Orders Part 34 Amendment 2012 (No. 1) (Order 2012/8) was enacted to address the need for updating the reference to the International Maritime Solid Bulk Cargoes Code, following amendments made by the Maritime Safety Committee of the International Maritime Organization. This legislative instrument, made under subsection 425(1AA) of the Navigation Act 1912 and pursuant to the Legislative Instruments Act 2003, was designed to ensure that the regulations concerning the loading, stowing, carriage, and unloading of solid bulk cargoes in ships align with the latest international standards. The Australian Maritime Safety Authority (AMSA) is the enacting body responsible for issuing this Order, with the policy objective of maintaining maritime safety and compliance with international maritime regulations. Public consultation was conducted by circulating the draft Order to various maritime industry stakeholders and placing it on the AMSA website for comments. This Order commenced on the day after its registration, updating the reference to the 2012 edition and Supplement of the International Maritime Solid Bulk Cargoes Code.

Scope and Application

The Marine Orders Part 34 Amendment 2012 (No. 1) (Order 2012/8) pertains to the management of solid bulk cargoes as outlined under Section 257 of the Navigation Act 1912. This legislative instrument applies to the Australian Maritime Safety Authority (AMSA) and is designed to update regulations concerning the loading, stowing, carriage, and unloading of solid bulk cargoes in ships, ensuring they comply with the International Maritime Solid Bulk Cargoes Code. The Order specifically targets industries involved in maritime transport and cargo handling, including shipping companies, cargo operators, and port authorities, as well as the entities responsible for the safety and regulation of maritime activities in Australia. This regulatory amendment extends nationally, applying uniformly across all states and territories of Australia. The Order does not specify any exclusions or exemptions; however, it is noted that it is compatible with human rights and does not adversely affect any rights under the Human Rights (Parliamentary Scrutiny) Act 2011. The Order came into effect on the day following its registration.

Key Provisions

This Marine Orders Part 34 Amendment 2012 (No. 1) Order 2012/8 primarily updates the reference to the International Maritime Solid Bulk Cargoes Code, aligning it with amendments made by the Maritime Safety Committee of the International Maritime Organization. Specifically, Section 257 of the Navigation Act 1912 allows regulations to be made for the loading, stowing, carriage, and unloading of cargo in ships, and Subsection 425(1) empowers the Governor-General to create necessary regulations for the Act. The current Order, made under Subsection 425(1AA), updates the existing regulations to incorporate the latest amendments to the International Maritime Solid Bulk Cargoes Code, as stipulated in Item 1 of the Order. The Order imposes several obligations on parties and entities governed by it, primarily ensuring compliance with the updated International Maritime Solid Bulk Cargoes Code. This includes adhering to the latest safety standards and practices for handling solid bulk cargoes, as reflected in the Code's 2012 edition and Supplement. The Australian Maritime Safety Authority (AMSA) is tasked with monitoring compliance and enforcing the provisions of the Order. Shipping companies, cargo operators, and port authorities must ensure that their practices align with the updated Code, including any changes to stowage, loading, and unloading procedures, as well as the handling and securing of cargo. Breaching the provisions of this Order can result in significant legal consequences. The Navigation Act provides for both civil and criminal penalties for non-compliance with maritime safety regulations. Civil penalties may include fines, with the exact amount determined by the severity of the breach and the circumstances involved. Criminal penalties can include imprisonment, with the maximum penalty for serious breaches potentially reaching up to two years. Additionally, repeated or egregious breaches can lead to more severe penalties, including higher fines and longer periods of imprisonment. The enforcement of these penalties is overseen by AMSA, which has the authority to impose fines and pursue legal action against entities that fail to comply with the updated Code and the Order. This Order was made in consultation with several relevant maritime industry stakeholders, including the American Bureau of Shipping, the Australian Institute of Marine and Power Engineers, and the Australian Maritime Officers Union, among others. AMSA also made the draft Order available for public comment on its website, ensuring transparency and allowing for input from the maritime community. This collaborative approach helps to ensure that the updated regulations are practical and effectively address the needs of the industry while maintaining high safety standards.