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
Overview
The Marine Orders, Part 62 (Commonwealth ships) Issue 1 of 2003 was enacted to address the problem of the inapplicability of many provisions of the Navigation Act 1912 to Commonwealth ships and their crews. The Australian Maritime Safety Authority (AMSA) issued this order under the authority granted by Section 425(1AA) of the Navigation Act, which allows AMSA to make orders regarding matters in the Act that may be addressed through regulations. This legislative instrument aims to provide an exemption for Commonwealth ships from certain provisions of the Navigation Act, ensuring that these ships comply with the specific requirements set out in Part 62 of the Marine Orders. AMSA consulted with stakeholders, including owners, operators, and managers of Commonwealth ships, to gather their input on the draft text of Part 62 before its issuance.
Scope and Application
The Marine Orders, Part 62, Issue 1, applies specifically to Commonwealth ships, which are vessels owned or operated by the Australian government. This part of the legislation seeks to provide exemptions from certain provisions of the Navigation Act 1912, which are deemed inappropriate for these particular ships and their public employee crews. The provisions in Part 62 are designed to ensure that Commonwealth ships comply with necessary safety and operational requirements, while also recognising the distinct nature of their operations. The exemptions and specified requirements outlined in this part aim to balance regulatory compliance with the unique operational contexts of Commonwealth ships. The application of Part 62 is geographically confined to the Commonwealth of Australia and extends to all Commonwealth ships operating within its jurisdiction. The legislation does not explicitly state exclusions, but rather tailors the application of the Navigation Act to the specific needs and circumstances of Commonwealth ships through the outlined provisions and conditions.
Key Provisions
The key provisions of Part 62 of the Marine Orders, Issue 1 of 2003, are primarily found in Provisions 1 to 8 and Appendices 1 and 2. Provision 1 outlines the purpose of the Order, which is to provide exemptions for Commonwealth ships under section 421 of the Navigation Act 1912. Provision 2 offers definitions and interpretations necessary for understanding Part 62, while Provision 3 ensures that any inconsistency between Part 62 and other parts of the Marine Orders is resolved in favour of Part 62 when it applies to Commonwealth ships. Provision 4 identifies the Commonwealth ships to which this Part applies. For ships under 24 metres, Provision 5 specifies the form of the log-book to be used, and Provision 6 prescribes the necessary surveys and certificates, including a penal provision in 6.3 that mandates specific certification for ships under 24 metres before they go to sea. Provision 7 sets out requirements for packing, loading, and stowing dangerous goods, while Provision 8 does the same for the loading, stowing, and securing of cargo. Appendices 1 and 2 provide additional detail, including an exemption under section 421 and the official log-book form for ships under 24 metres.
The obligations and requirements imposed by Part 62 on the parties it governs are primarily concerned with ensuring the safe operation of Commonwealth ships while providing certain exemptions from the broader provisions of the Navigation Act. Owners, operators, and managers of Commonwealth ships must ensure that their vessels comply with the specific requirements outlined in the Order, such as maintaining the correct log-book format, obtaining necessary surveys and certificates, and adhering to regulations for handling dangerous goods and cargo. These entities must also ensure that ships under 24 metres in length have specific certification before going to sea. Additionally, they must comply with the exemption provided in Appendix 1, which specifies the conditions under which Commonwealth ships are exempt from certain provisions of the Navigation Act.
Breach of the provisions outlined in Part 62 may lead to various offences and penalties. For example, failure to comply with the certification requirements specified in Provision 6.3 may result in a contravention of the Navigation Act, which could lead to civil or criminal penalties. The specific consequences for breach are not detailed in the text, but generally, under the Navigation Act, penalties can include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions of the Navigation Act and other applicable laws.