EXPLANATORY NOTES
Marine Orders, Part 49
High-speed craft
Issue 4 — Amendment
Order No 1 of 2008
Purpose
- Marine Orders Part 49 gives effect to Chapter X of the International Convention for the Safety of Life at Sea 1974 (‘SOLAS’).
- The purpose of Marine Orders Part 49, Issue 4 – Amendment is to amend Issue 4 of Marine Orders Part 49 to:
- give effect to the amendment of the Code of Safety for Dynamically Supported Craft made by the International Maritime Organization (‘IMO’) Resolutions MSC.186 (79) and MSC.224 (82);
- give effect to the amendment of the International Code of Safety for High‑Speed Craft, 1994, (‘the 1994 HSC Code’) made by IMO Resolution MSC.221 (82); and
- give effect to the amendment of the International Code of Safety for High‑Speed Craft, 2000, (‘the 2000 HSC Code’) made by IMO Resolution MSC.222 (82).
3. Each of the above IMO resolutions is to come into force on 1 July 2008.
Power
4. 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. Subsection 190B (1) of the Act provides that the regulations may:
(a) specify requirements with which the construction, hull, equipment and machinery of ships must comply; and
(b) make provision for the survey, inspection and issue of certificates with respect to ships.
5. Subsection 191 (1) of the Act provides that the regulations may make provision for or in relation to giving effect to SOLAS.
6. Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (‘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.
7. The amendment of Marine Orders Part 49, Issue 4 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.
Consultation
8. In addition to providing a copy of the draft Marine Orders Part 49 Amendment on AMSA’s website, a copy was provided to the following organisations for comment:
- American Bureau of Shipping;
- Austal ships;
- Australian Shipowners Association;
- Bureau Veritas;
- Department of Infrastructure, Transport, Regional Development and Local Government;
- Det Norske Veritas;
- Germanischer Lloyd;
- National Maritime Safety Committee;
- Revolution design.
Overview
9. The amendment of Marine Orders Part 49 gives effect to the amendment of the Code of Safety for Dynamically Supported Craft made by IMO Resolutions MSC.186 (79) and MSC.224 (82). These Resolutions amend the Code by:
- prohibiting new installations of materials containing asbestos;
- requiring periodic servicing of appliances such as lifeboats, liferafts and inflatable rescue boats;
- requiring rotational deployment of marine evacuation systems;
- specifying approval criteria for ‘novel’ life-saving appliances or arrangements;
- specifying requirements for automatic identification systems, voyage data recorders, nautical charts and publications.
10. The amendment of Marine Orders Part 49 gives effect to the amendment of the 2000 HSC Code made by IMO Resolution MSC.222 (82) which:
- amends the speed measurement to be used in some calculations;
- revises the definitions of ‘service spaces’ and ‘down flooding point’;
- provides that high speed safety certificates be posted in prominent places;
- makes changes to accommodation design and escape route requirements;
- provides for modifications to the technical provisions in relation to ventilation systems, fire detection systems, fire-extinguishing systems, bilge water detection systems;
- provides for the installation of electronic chart display and information systems; and
- specifies testing requirements in relation to emergency position indicating radio beacons (‘EPIRBS’).
11. The amendment of Marine Orders Part 49 also gives effect to the amendment of the 1994 HSC Code made by IMO Resolution MSC.221 (82) which:
- prohibits new installations of materials containing asbestos’;
- requires vessels to be fitted with an electronic chart display and system before 1 July 2010; and
- specifies radiocommunications facilities to be the same as those mentioned in Chapter 14 of the 2000 HSC Code.
12. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 49 with notes after the relevant provisions. This reflects current drafting practice.
Amendment of principal provisions
Provision 1
13. Item [1] amends the heading of provision 1 by inserting the words ‘and Power’ after the word ‘Purpose’. This ensures that the title of this provision is consistent with other Marine Orders Parts.
14. Item [2] amends provisions 1.1 and 1.2 by replacing the reference to the Navigation Act 1912 with ‘Navigation Act’ because this term is now defined in provision 2.
Provision 2, definition of DSC Code
15. Item [3] amends the definition of DSC Code in provision 2 by updating the references to the IMO resolutions that have amended the Code of Safety for Dynamically Supported Craft.
Provision 2, definition of high-speed craft
16. Item [4] amends the definition of high-speed craft in provision 2 by replacing the bullet points with paragraphs and inserting the word ‘and’ at the end of paragraph (a). This amendment is consistent with current drafting practice.
Provision 2, definition of 1994 HSC Code
17. Item [5] amends the definition of 1994 HSC Code in provision 2 by updating the references to the IMO resolutions that have amended the International Code of Safety for High-Speed Craft, 1994. This amendment will make future amendments easier to describe. The amendment also relocates the definition of 1994 HSC Code so that the definitions are in correct alphabetical order.
Provision 2, definition of 2000 HSC Code
18. Item [6] amends the definition of 2000 HSC Code in provision 2 by updating the references to the IMO resolutions that have amended the International Code of Safety for High-Speed Craft, 2000. The amendment also relocates the definition of 2000 HSC Code so that the definitions are in correct alphabetical order.
Provision 2, definition of HSC Safety Certificate
19. Item [7] amends the definition of HSC Safety Certificate by replacing the bullet points with paragraphs and inserting the word ‘and’ at the end of proposed paragraph (a). This amendment will make future amendments easier to describe. The amendment is also consistent with current drafting practice.
Provision 2, definition of Manager, Ship Inspections
20. Item [8] amends the definition of Manager, Ship Inspections by omitting the comma at end of the defined term. This allows for a comma to be inserted after the defined term where this appropriate in the Marine Orders Part.
Provision 2, definition of Navigation Act
21. Item [9] inserts a definition of Navigation Act in the Marine Orders Part. This will enable full citations of the Act to be avoided.
Provision 2, definitions of penal provision and SOLAS, including footnote 1
22. Item [10] amends the definition of penal provision in provision 2 by updating the reference to the Navigation (Orders) Regulations 1980 so that it reflects current drafting practice. The definition is also amended by replacing footnote 1, which related to the definition, with a note. 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.
23. The note following the definition of penal provision amends the references to the number of penalty units that an individual and a body corporate may receive if found guilty of an offence, so that these accurately reflect subregulation 4 (1) of the Navigation (Orders) Regulations 1980.
24. Item [10] also amends the definition of SOLAS so that the reference to the Navigation Act 1912 is replaced with a reference to the defined term ‘Navigation Act’.
25. Item [10] also inserts a note after the definition of SOLAS informing readers of where copies of IMO documents may be obtained.
Provisions 3.2 and 3.3
26. Item [11] amends provisions 3.2 and 3.3 by transferring the text of provision 3.2 to a note and renumbering provision 3.3 as provision 3.2. Proposed provision 3.2 replaces the bullet point references with paragraphs. 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.
Provision 5, including footnote 2
27. Items [12] and [13] amend the heading of provision 5 by omitting the symbol ‘&’ and replacing footnote 2 with a note that is inserted after provision 5.3. This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part. The proposed note also replaces references to ‘Chief Marine Surveyor’ with ‘Manager, Ship Inspections’ to reflect the correct title of this position.
Provision 6.1.3
28. Item [14] amends provision 6.1.4 by replacing the bullet points with paragraphs. This amendment also reflects current drafting practice and will enable future amendments of the provision to be described precisely.
Appendix
29. Item [15] omits the Appendix to Marine Orders Part 49. The Appendix set out the text of IMO resolution MSC.37 (63). As IMO resolutions are obtainable from AMSA, it is no longer necessary to include their texts in Marine Orders Parts.
Australian Maritime Safety Authority
13 May 2008