Marine Orders Part 44 Amendment 2012 (No. 1)

Overview

The Marine Order 44 Amendment 2011 (No. 1) (Safe containers) was enacted to implement amendments to the Container Convention 1972 in Australian law, ensuring that the regulations conform to international standards for the safety and security of containers used in maritime transport. This legislative instrument, introduced by the Australian Maritime Safety Authority (AMSA), aims to protect the health and safety of personnel involved in the loading and unloading of containers while also enhancing the overall safety standards of containers in Australian waters. The policy objective is to align Australian maritime practices with global standards, ensuring that containers meet the necessary safety and security requirements, thus mitigating risks associated with maritime transport. This amendment to Marine Order Part 44 makes several technical and minor changes to reflect updates in the Container Convention. For instance, it updates definitions and decision-making roles within AMSA, removes outdated terms, and introduces new requirements for container safety, such as the necessity for a Safety Approval Plate to specify allowable stacking loads and transverse racking test forces. These changes aim to improve the safety and security of container operations, aligning them with international best practices and enhancing the protection of maritime workers and the integrity of the supply chain. The amendments are designed to be compatible with human rights, as determined by AMSA, and came into effect on 15 January 2012.

Scope and Application

The Marine Order 44 Amendment 2011 (No. 1) (Safe containers) applies to entities and individuals involved in the transportation of goods via maritime vessels within Australia. This includes shipping companies, container manufacturers, and other stakeholders within the maritime industry who must comply with the regulations to ensure the safety and security of personnel involved in loading and unloading operations. The amendment aims to align Australian regulations with the International Convention for Safe Containers 1972, reflecting updates through resolution MSC.310(88). The amendments cover various aspects of container safety, including technical specifications, approval processes, and safety standards. The amendments are applicable across Australia, aligning with the broader jurisdictional reach of the Navigation Act 1912. Some minor and technical amendments do not introduce significant changes to the existing framework, while others, such as the substitution of decision-makers, reflect structural changes within the Australian Maritime Safety Authority (AMSA). The amendments also include updates to definitions and the introduction of new requirements, such as the review and audit of continuous examination programs and specific safety standards for containers. The instrument, a legislative instrument under the Legislative Instruments Act 2003, was made by the Acting Chief Executive Officer of AMSA, in accordance with the Australian Maritime Safety Act 1990.

Key Provisions

The Marine Order 44 Amendment 2011 (No. 1) (Safe Containers) introduces several key provisions aimed at ensuring the safe handling and loading of containers in accordance with the International Convention for Safe Containers 1972 (Container Convention). Section 1 amends the definition of "approved" to mean approved by the Manager, Ship Inspection and Registration or an authorised organisation. This change ensures that only authorised entities can approve containers for use. Section 3 removes the definition of "Chief Marine Surveyor" as it is no longer required, reflecting the shift in decision-making authority from Chief Marine Surveyors to the Manager, Ship Inspection and Registration. Similarly, Section 7 removes the definition of "General Manager" since this role has been replaced by the Australian Maritime Safety Authority (AMSA) in the decision-making process. Section 14 removes the definition of "penal provision" and inserts a note explaining that certain expressions used in the Order are defined in Marine Order 1, issue 2 (Administration). This ensures clarity and consistency in the terminology used across related regulations. The Amendment imposes several obligations on the parties it governs. For instance, Section 5 removes the provision for exemptions and equivalents, indicating that no exemptions or equivalents will be issued under the Order. Section 6 revises the review of decisions to align with Marine Order 1, issue 2 (Administration), ensuring a standardised approach to decision reviews. Section 9.4 introduces a requirement for an owner with an approved continuous examination program to have the program reviewed and audited. This ensures ongoing compliance and safety in container operations. Additionally, Section 2A requires that any examination of a container must take into account the examination criteria mentioned in Annex III to the Container Convention, thereby ensuring that all containers meet international safety standards. For breaches of the provisions outlined in the Amendment, the consequences can be significant. While the specific penalties are not detailed within the text, it is reasonable to infer that penalties may be established under the Navigation Act 1912 or the Australian Maritime Safety Act 1990. Breaches of safety regulations can result in both civil and criminal consequences, potentially including fines, imprisonment, or both, depending on the severity of the violation. The exact penalties would be determined by the courts based on the specific circumstances of the breach and the relevant legislation.