EXPLANATORY NOTES
Marine Orders, Part 62
(Commonwealth ships)
Issue 1
Order No 1 of 2003
Authority
1. Section 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 62, Issue 1, was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices,
Wednesday 12 February 2003.
Purpose
5. The purpose of Part 62 is to provide an exemption for Commonwealth ships under section 421 of the Navigation Act.
Consultation
6. AMSA has consulted with owners, operators and managers of Commonwealth ships and has provided them the opportunity to comment on the draft text of part 62.
Overview
7. The Navigation Act applies to all Commonwealth ships. Many of the provisions, however, are inappropriate for Commonwealth ships and for the public employees crewing them.
8. Marine Orders Part 62 provides Commonwealth ships with an exemption from some, or all of the provisions of the Navigation Act, on condition that these ships comply with the requirements of Part 62.
Contents of the Order
9. Provision 1 indicates the purpose for which this Part has been made.
10. Provision 2 provides definitions of words and phrases, and Provision 3 provides interpretations, both of which are necessary for proper understanding of this Part.
11. Provision 4 specifies the ships to which this Part applies and provides for a provision of this Part to prevail over a provision in another Part where an inconsistency in requirements occurs for Commonwealth ships.
12. Provision 5 specifies the form of log-book to be used on a Commonwealth ship of less than 24 metres.
13. Provision 6 prescribes requirements in respect of surveys and certificates in relation to Commonwealth ships. Provision 6.3 is a penal provision, that requires a Commonwealth ship of less than 24 metres in length, to have specific certification prior to going to sea.
14. Provision 7 specifies requirements in respect of packing, loading and stowing of dangerous goods carried on a Commonwealth ship.
15. Provision 8 specifies requirements in respect of loading, stowing and securing cargo on board a Commonwealth ship.
16. Appendix 1 provides an exemption under section 421 of the Navigation Act for Commonwealth ships.
17. Appendix 2 provides the official log-book form to be used by a Commonwealth ship of less than 24 metres in length.
Australian Maritime Safety Authority
February 2003