Marine Orders - Part 49: High-speed craft, Issue 5 Amendment (Order No. 10 of 2010)

EXPLANATORY NOTES

Marine Orders Part 49

High-speed craft

Issue 5 (Amendment)

Order No. 10 of 2010

Authority

1. Part IV of the Navigation Act 1912 (the Act) deals with ships and shipping. Sections 190 and 191 of the Act are found in Part IV of the Act. Section 190B of the Navigation Act provides for regulations to specify requirements with which the construction, hull, equipment and machinery of ships shall comply and to make provision for or in relation to the survey and inspection of ships, including the issue of certificates. 
2. Subsection 191(1) provides that the regulations may make provision for or in relation to giving effect to the Safety Convention which is the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
3. Subsection 425 (1) of the Act provides that the Governor-General may make regulations necessary or convenient for carrying out or giving effect to the Act.
4. Subsection 425 (1AA) of the Act provides that AMSA may make orders with respect to any matter (other than the imposition of penalties) mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made.
5. Order No. 10 of 2010 (the Order) was made pursuant to subsection 425 (1AA) of the Act.

Purpose

6.             Marine Orders Part 49 makes provision for the survey, inspection and issue of certificates in relation to high speed craft and specifies the requirements for fittings and equipment on board those craft.

7.             Marine Orders Part 49 gives effect to Chapter X of the International Convention for the Safety of Life at Sea 1974 (SOLAS) which deals with matters relating to high-speed craft.

8.             The Order gives effect to the amendments made to the International Code of Safety for High-Speed Craft (2000 HSC Code) by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). The amendments were made by Resolution MSC.271(85) which will enter into force on 1 January 2011. 

9.             The amendments in the Order also update provisions that deal with internal review of administrative decisions and update references to SOLAS.

Overview

10.        The Order gives effect to amendments to an international convention (SOLAS) to which Australia is a signatory. The impact of the Order is therefore minor or machinery in nature.  Based on the information available, no further analysis in the form of a Regulation Impact Statement is required (OBPR Reference number 11891).

11.        The MSC of the IMO adopted amendments to the 2000 HSC Code by Resolution MSC.271(85) which will enter into force on 1 January 2011. MSC.271(85) amended Chapter 7 (Fire Safety) of the 2000 HSC Code as described below:

• a new sentence was added to clarify the application of certain fire safety requirements to existing ships and these were based on SOLAS regulation II-2/1.2.4;
• the ventilation requirements were reduced for the carriage of Class 4 and Class 5.1 liquids in craft and cargo spaces.

12.        The entity currently responsible for internal review of decisions made by the Manager, Ship Inspections is the Deputy Chief Executive Officer Maritime Operations. The Order will transfer this responsibility to the General Manager, Maritime Operations Division.

Consultation

13.        In addition to providing a copy of the draft of the Order on AMSA’s website, a copy of the draft of the Order was provided to a range of stakeholders for comment, including the following organisations:

• American Bureau of Shipping (ABS);
• Australian Maritime Officers Union (AMOU)
• Australian Petroleum Production & Exploration Association Ltd (APPEA)
• AUSTAL
• Australian Shipbuilders Association
• Australian Shipowners Association (ASA);
• Australian National Line (ANL) Limited
• Bureau Veritas (BV);
• China Classification Society (CCS);
• Class NK (NKK);
• Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG);
• Det Norske Veritas (DNV);
• Germanischer Lloyd (GL);
• Korean Register (KR)
• Lloyd’s Register (LR);
• National Marine Safety Committee (NMSC)
• Registro Italiano Navale (RINA)
• Shipping Australia Limited (SAL). 
• TAFE NSW
• The Western Australian Fishing Industry Council (WAFIC)

Documents incorporated by reference

• International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.
• International Code of Safety for High-Speed Craft (1994 HSC Code and 2000 HSC Code).
• Code of Safety for Dynamically Supported Craft

The above publications may be purchased from:

 International Maritime Organization (IMO)

 4 Albert Embarkment, London SE1 7SR

 Telephone +44(0)20 7735 7611

 Facsimile +44(0)20 7587 3210

 IMO website: http://www.imo.org

A list of distributors who maintain permanent stock of all IMO publications can be found on the IMO website. Information on obtaining copies of IMO documents referred to in this Order is also available from AMSA’s website: www.amsa.gov.au or via email: international.relations@amsa.gov.au

Commencement

14.        The amendments in the Order commence on 1 January 2011.

Provision 2, definition of 2000 HSC Code

15.        Item [1] replaces the definition of the 2000 HSC Code to refer to the latest version of this Code.

Provision 2, definition of Deputy Chief Executive Officer Maritime Operations and new definition of General Manager

16.        Item [2] omits the definition of Deputy Chief Executive Officer Maritime Operations because the term is no longer used in the Part. Item [3] inserts a definition of General Manager because this entity will exercise functions under this Part.

Wherever occurring throughout the Part

17.        Item [4] replaces Deputy Chief Executive Officer Maritime Operations with General Manager throughout the Part. This reflects the transfer of responsibility mentioned in paragraph 12.

Australian Maritime Safety Authority

7 December 2010