Marine Orders - Part 49: High-speed craft, Issue 4 - Amendment (Order No. 8 of 2006)

Overview

The Marine Orders, Part 49, Issue 4 - Amendment, Order No 8 of 2006, was enacted to give effect to amendments made by the International Maritime Organization (IMO) to the 1994 and 2000 High Speed Codes, adopted by Resolutions MSC.174(79) and MSC.175(79) respectively. These amendments address minor changes to the form of safety certificates for high-speed craft, including the addition of a completion date of the survey, and a change relating to securing the integrity of manhole covers to withstand increased fluid pressure in damaged situations. The objective of the amendments is to align Australian maritime safety regulations with international standards as set forth by the IMO. The amendments were made by the Australian Maritime Safety Authority (AMSA) under the authority granted by the Navigation Act 1912, specifically pursuant to subsection 425(1AA), which 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.

Scope and Application

The Marine Orders Part 49, Issue 4, Amendment, issued under the Navigation Act 1912, applies specifically to the construction, hull, equipment, and machinery of high-speed craft operating within Australian waters. This amendment aligns with the International Convention for the Safety of Life at Sea 1974 (SOLAS) and updates the safety standards to incorporate recent International Maritime Organization (IMO) amendments, particularly those concerning the 1994 and 2000 High Speed Codes. The amendments include minor changes such as the inclusion of a completion date on safety certificates and adjustments to secure manhole covers against increased fluid pressure during damage situations. The amendments are designed to ensure compliance with international maritime safety standards, and they apply across Australia’s maritime jurisdiction, affecting both domestic and international operators of high-speed craft. While this Act provides specific guidance and updates to existing safety regulations, it does not explicitly mention exclusions, exemptions, or thresholds. However, the application and enforcement of these regulations are subject to the broader administrative powers granted to the Australian Maritime Safety Authority (AMSA) under the Navigation Act.

Key Provisions

The Marine Orders, Part 49, Issue 4 Amendment, specifically addresses the high-speed craft regulations under the Navigation Act 1912. Section 190B of the Act empowers the Australian Maritime Safety Authority (AMSA) to establish requirements for the construction, hull, equipment, and machinery of ships, including the issuance of safety certificates (section 190B). Section 191 of the Act mandates AMSA to enforce the International Convention for the Safety of Life at Sea (SOLAS) through appropriate regulations and orders (section 191). The amendment to Issue 4 was made under the authority provided by subsection 425(1AA) of the Act, which allows AMSA to issue orders for matters covered by the Act (subsection 425(1AA)). The key provisions of the amendment primarily focus on updating the definitions and review processes related to high-speed craft safety certificates and manhole covers. Provision 2.1 removes the outdated definition of Chief Marine Surveyor from the definitions section (Provision 2). Provision 2.2 and Provision 2.3 update the definitions of the 1994 and 2000 High Speed Codes (HSC Codes), respectively, to reflect the latest amendments from the International Maritime Organization (IMO) (Provision 2). Provision 2.4 introduces a new definition for Manager, Ship Inspections (Provision 2). Additionally, the internal review process has been revised to include specific timeframes for lodging an application and providing a decision, as outlined in Provisions 6.1.1, 6.1.4, and 6.2.2 (Provisions 6.1.1, 6.1.4, 6.2.2). Entities and individuals governed by these amendments must comply with the updated definitions and review procedures for safety certificates and manhole covers. High-speed craft operators are required to ensure their vessels meet the revised safety standards as per the amended HSC Codes. Furthermore, the changes to the internal review process necessitate adherence to the specified timeframes when applying for and receiving an internal review decision. Failure to comply with these obligations could result in non-compliance with SOLAS standards and potential safety risks. The amendment does not explicitly state any new offences or penalties for breach of the provisions. However, non-compliance with the safety standards and review processes may lead to enforcement actions under the Navigation Act. Such actions could include fines, detention of vessels, or other administrative penalties as deemed necessary by AMSA. The maximum penalties for breaches related to safety standards and certification are outlined in other sections of the Navigation Act, which may apply depending on the nature and severity of the non-compliance.