EXPLANATORY NOTES
Marine Orders, Part 49
(High-speed craft)
Issue 4 - Amendment
Order No 8 of 2006
Purpose
1. Marine Orders Part 49 gives effect, to Chapter X of the International Convention for the Safety of Life at Sea 1974 (SOLAS).
2. Marine Orders Part 49, Issue 4 - Amendment:
- amends Issue 4; and
- gives effect to the International Maritime Organization (IMO) amendments to the 1994 and 2000 High Speed Codes adopted by Resolutions MSC.174(49) and MSC.175(79) respectively.
Power
3. Section 190B of the Navigation Act 1912 (Navigation Act) provides for the Australian Maritime Safety Authority (AMSA) to specify requirements with which the construction, hull, equipment and machinery of ships must comply, and makes provision for the survey, inspection and issue of certificates with respect to ships.
4. Section 191 of the Navigation Act provides for AMSA to give effect to SOLAS.
5. Subsection 425(1) of the Navigation Act provides for regulations to be made which are necessary or convenient for carrying out or giving effect to the Navigation Act.
6. Subsection 425(1AA) of the Navigation Act allows AMSA to make orders with respect to any matter in the Act for or in relation to which provision may be made by the regulations.
7. Marine Orders, Part 49, Issue 4, Amendment, was made pursuant to subsection 425(1AA).
Consultation
8. In view of the administrative nature of the amendments to Issue 4, it was considered unnecessary to conduct public and industry consultation.
Overview
9. This amending issue of Part 49 gives effect to the IMO amendments to the 1994 and 2000 High Speed Codes adopted by Resolutions MSC.174(49) and MSC.175(79) respectively. These amendments mainly have the effect of making a minor change to the form of safety certificates for high speed craft to include the words: Completion date of the survey on which this certificate is based:.....(dd/mm/yyyy).
10. Additionally, MSC.175(79) adopted a minor change in relation to securing the integrity of manhole covers, etc, in the deck to withstand increased fluid pressure in damaged situations.
11. The above amendments entered into force on 1 July 2006. The opportunity has also been taken to update both the definitions provision and the review of decisions provision to reflect current administrative titles and procedures.
Amendment of principal provisions
12. Provision 2.1 of this Issue amends the principal Order by omitting the definition of Chief Marine Surveyor from Provision 2 (Definition of words and phrases).
13. Provision 2.2 of this Issue amends the principal Order by omitting the definition of 1994 HSC Code in Provision 2 and substituting a new definition.
14. Provision 2.3 of this Issue amends the principal Order by omitting the definition of 2000 HSC Code in Provision 2 and substituting a new definition.
15. Provision 2.4 of this Issue amends the principal Order by inserting the definition of Manager, Ship Inspections in Provision 2.
16. Provision 2.5 of this Issue amends the principal Order by omitting Provision 6.1.1 and substituting a new Provision 6.1.1. The Provision (Internal Review) has been amended to include the time-frame for lodging an application for an internal review.
17. Provision 2.6 of this Issue amends the principal Order by inserting Provision 6.1.4. This provision has been added to specify the time-frame for providing the applicant with an internal review decision.
18. Provision 2.7 of this Issue amends the principal Order by omitting Provision 6.2.2 and substituting a new Provision 6.2.2. The new provision lists the required statements that must be included with an internal review decision.
19. Provision 3 provides general amendments that apply to the Part.
Australian Maritime Safety Authority
July 2006