Overview

The Marine Orders, Part 58 (International Safety Management Code) Issue 2 - Amendment Order No 9 of 2006 was enacted to address the need to incorporate recent amendments to the International Safety Management (ISM) Code into Australian maritime legislation. This legislation is designed to give effect to the International Convention for the Safety of Life at Sea (SOLAS) and to the ISM Code, ensuring the safe operation of ships and the prevention of pollution. The Australian Maritime Safety Authority (AMSA), empowered under the Navigation Act 1912, issued this amendment to align Australian regulations with the amendments adopted by the International Maritime Organization (IMO) Resolution MSC.179(79), which became effective on 1 July 2006. These amendments primarily involve minor changes to the forms for the Document of Compliance and Safety Management Certificate, including the addition of a completion date for verification. The amendment was made without the need for public or industry consultation due to its administrative nature.

Scope and Application

The Marine Orders, Part 58, Issue 2 - Amendment, under the Navigation Act 1912, applies to the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention, ensuring compliance with Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS) and the International Safety Management (ISM) Code. The Act specifically targets ships operating under the Australian flag, their owners, operators, and other relevant entities involved in maritime activities. This legislation operates on a national level within Australia, aiming to uphold safety and pollution prevention standards in line with international maritime conventions. The application of the Act is primarily concerned with the conduct and operations of ships, ensuring that they meet the updated ISM Code requirements. There are no stated exclusions or exemptions in the Marine Orders Part 58, Issue 2 - Amendment; however, the application may be further defined or restricted through subordinate instruments. This particular amendment was enacted to incorporate recent ISM Code amendments adopted by the International Maritime Organization (IMO) Resolution MSC.179(79), which were effective from 1 July 2006, primarily modifying the forms of the Document of Compliance and Safety Management Certificate to include a completion date of the verification.

Key Provisions

The main operative sections of the Marine Orders, Part 58, Issue 2 - Amendment, are outlined to give effect to the International Safety Management (ISM) Code for the Safe Operation of Ships and for Pollution Prevention. The Amendment incorporates changes to the ISM Code adopted by the International Maritime Organization (IMO) Resolution MSC.179(79), which primarily modify the forms for the Document of Compliance and Safety Management Certificate (section 9, 10, 11). These changes reflect updates to the ISM Code that entered into force on 1 July 2006, including the addition of a new field for the completion date of the verification on which the certificates are based. The obligations and requirements imposed by this Act primarily involve the Australian Maritime Safety Authority (AMSA) ensuring that vessels comply with the ISM Code. Ship owners and operators must maintain and provide updated safety management certificates that reflect the recent amendments, ensuring their vessels meet the safety standards set by the IMO. Additionally, the Document of Compliance must be updated to include the verification completion date, which is essential for certifying that the vessel's safety management system is in accordance with the latest ISM Code requirements. Breaching the requirements set forth by this Amendment can result in serious consequences. Under the Navigation Act, penalties for non-compliance may include fines and, in severe cases, the detention of the vessel. The specific penalties depend on the nature and severity of the breach, but the Act does not provide detailed maximum penalties within the explanatory statement. Non-compliance could also result in legal action by AMSA, potentially leading to further civil or criminal consequences if the breach significantly impacts maritime safety or causes pollution. In summary, the Marine Orders, Part 58, Issue 2 - Amendment, mandates that vessels comply with updated ISM Code requirements, particularly regarding the Document of Compliance and Safety Management Certificate forms. Failure to adhere to these requirements can lead to penalties, including fines and vessel detention, underscoring the importance of ensuring maritime safety and pollution prevention standards are met.