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

Overview

The Marine Orders Part 49 High-speed craft Issue 5 (Amendment) Order No. 10 of 2010 was introduced to address the need for updated safety standards and requirements for high-speed craft in alignment with the International Convention for the Safety of Life at Sea (SOLAS) and the International Code of Safety for High-Speed Craft (2000 HSC Code). This legislative instrument was enacted under the authority of the Navigation Act 1912, specifically under subsection 425(1AA) which allows the Australian Maritime Safety Authority (AMSA) to make orders concerning matters for which regulations may be made. The policy objective of the Order is to ensure the safety of high-speed craft by implementing amendments to the 2000 HSC Code, such as updated fire safety requirements and ventilation standards, while also transferring the responsibility of internal review of administrative decisions from the Deputy Chief Executive Officer Maritime Operations to the General Manager, Maritime Operations Division. The Order commenced on 1 January 2011, reflecting the amendments adopted by the International Maritime Organization's Maritime Safety Committee. The Order reflects the commitment to international maritime safety standards and incorporates the amendments to the 2000 HSC Code made by the International Maritime Organization's Maritime Safety Committee. It ensures that Australian regulations align with global standards, thereby enhancing the safety of high-speed craft operating within Australian waters. Additionally, the Order updates internal administrative structures, ensuring that the entity responsible for reviewing decisions is appropriately aligned with the operational divisions of AMSA. This legislative update was achieved through consultation with various stakeholders and was made available for public comment to ensure comprehensive and inclusive regulatory development.

Scope and Application

The Marine Orders Part 49 High-speed craft Issue 5 (Amendment) Order No. 10 of 2010 applies to high-speed craft, which are defined in the Order as any vessel that is designed to exceed a planing speed and operates on the water at a significant portion of that speed. The Order is made under the authority of the Navigation Act 1912 and aims to ensure compliance with the International Convention for the Safety of Life at Sea, 1974 (SOLAS) and the International Code of Safety for High-Speed Craft (2000 HSC Code). The Order is applicable across Australia and encompasses all high-speed craft operating in Australian waters, regardless of the flag state or ownership. The Order includes detailed specifications and requirements for the construction, hull, equipment, and machinery of high-speed craft, as well as provisions for the survey, inspection, and certification of such vessels. The amendments in the Order reflect updates to the 2000 HSC Code by the International Maritime Organization’s Maritime Safety Committee, and they also transfer the responsibility for internal review of administrative decisions from the Deputy Chief Executive Officer Maritime Operations to the General Manager, Maritime Operations Division. The amendments in the Order come into effect on 1 January 2011.

Key Provisions

The primary operative sections of the Marine Orders Part 49 (High-speed craft Issue 5 Amendment) Order No. 10 of 2010, made under section 425(1AA) of the Navigation Act 1912, provide for the survey, inspection and certification of high-speed craft as per section 190B of the Act. They also specify the requirements for the fittings and equipment on board these craft. These provisions align with Chapter X of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), which deals with high-speed craft, and update the International Code of Safety for High-Speed Craft (2000 HSC Code) as per Resolution MSC.271(85) by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). The Order also includes amendments to update internal review processes and references to SOLAS. These Orders impose specific obligations on the Australian Maritime Safety Authority (AMSA) and other relevant parties. They require AMSA to ensure that high-speed craft comply with the specified safety standards and requirements, including the survey, inspection and certification of such craft. Additionally, the Orders necessitate that AMSA update its internal review processes, transferring the responsibility from the Deputy Chief Executive Officer Maritime Operations to the General Manager, Maritime Operations Division. This ensures that administrative decisions related to high-speed craft are reviewed by the appropriate authority. Violations of the provisions outlined in the Marine Orders Part 49 can lead to various civil and criminal consequences. While the Order itself does not specify penalties, breaches of the Navigation Act 1912, which the Order gives effect to, may result in significant penalties. For example, failure to comply with regulations concerning the safety of ships could result in fines and imprisonment, with penalties varying based on the severity of the breach. The specific penalties for breaches of the Act would be determined by the courts based on the circumstances of each case. The amendments in the Order are designed to update and align the regulatory framework for high-speed craft with international standards, ensuring that Australian maritime safety regulations are consistent with global best practices. By implementing these amendments, AMSA aims to maintain high safety standards for high-speed craft operating in Australian waters. The Order’s focus on fire safety, ventilation requirements and internal review processes reflects a commitment to improving maritime safety and ensuring compliance with international conventions.