Explanatory Statement
Marine Orders Part 63 Amendment 2012 (No.1) (Order 2012/5)
AUSREP
Authority
- Section 269D of the Navigation Act 1912 (Navigation Act) provides that the regulations may make provision for, and in relation to, the reporting requirements:
(a) of all ships (other than Australian ships) that are in, or in the process of entering or leaving, the prescribed area in relation to a reporting matter; and
(b) of all Australian ships wherever located.
2. Subsection 425(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
3. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.
4. This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
5. Consistent with Australia’s obligations under the International Convention for the Safety of Life at Sea (SOLAS), Marine Orders Part 63 (MO63) provides a system (AUSREP) for the reporting of the movement or intended movement of ships within the Australian ship reporting area (AUSREP area). This Order amends MO63 to ensure the Automatic Identification System (AIS) that SOLAS requires certain ships to be fitted with is used for AUSREP. This Order also makes some changes due to Marine Order 1 (Administration) (MO1).
Overview
6. Regulation 19.2.4 of Chapter V of SOLAS required the following ships to be fitted with AIS by 1 July 2008:
- all ships ≥ 300 GT engaged on international voyages
- cargo ships ≥ 500 GT not engaged on international voyages
- passenger ships irrespective of size.
7. Given this improved reporting capability of ships, AIS-via-Satellite is now AUSREP’s preferred vessel tracking system for keeping search and rescue (SAR) watch. The amendments made by this Order are to enable AIS to be used by ships to automatically provide ship reports to Australia’s rescue coordination centre RCC Australia. It also makes a number of editorial amendments to simplify the Order.
Consultation
8. A copy of the draft Order was placed on AMSA’s website on 13 April 2012 for stakeholders to consider and provide feedback before 14 May 2012. In addition, a copy of the draft Order was emailed to industry stakeholders for comment. Only 5 responses were received and they were to the effect that they had no comment on the draft.
9. The Office of Best Practice Regulation (OBPR) was consulted on the proposed Order. OBPR considered that the regulatory impact of the Order is of a minor or machinery nature and no further analysis in the form of a Regulation Impact Statement is required (OBPR reference number 2012/13649).
Documents incorporated by reference
10. This Order incorporates the following documents by reference:
- the IMO Standard Marine Communication Phrases
- Regulation 19.2.4 of Chapter V of SOLAS.
11. Copies of those documents may be purchased from:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
Telephone +44(0)20 7735 7611
Facsimile +44(0)20 7587 3210
IMO website: http://www.imo.org
12. A list of distributors who maintain permanent stock of all IMO publications is on the IMO website. Information on obtaining copies of IMO documents referred to in this Order is on AMSA’s website: http://www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au.
Commencement
13. This Order commences on 1 July 2012.
Contents of this instrument
14. Sections 1, 2 and 3 of the Order set out the name of the Order, its commencement date and that Schedule 1 amends MO63.
15. Item 1 of Schedule 1 inserts a naming provision into MO63.
16. Item 2 amends a reference to a SOLAS regulation to refer to the most appropriate regulation.
17. Item 4 inserts definitions of new terms used in the Order or terms that require definition, together with notes referring to MO1 and how to source IMO documents.
18. Item 6 substitutes provision 6 with a new provision so the obligation to report is easier to understand.
19. Item 8 substitutes a new provision 1.2.2 in the Schedule to specify that email or HF DSC can be used to transmit a Sailing Plan to RCC Australia if Inmarsat-C cannot be used.
20. Item 10 amends the information ships must give in a Sailing Plan because, due to the introduction of AIS, POLLING will no longer be used by the RCC to access information from ships.
21. Item 11 expands the details of defects or other limitations that affect the safety of the ship that must be given in a Sailing Plan to include AIS malfunction.
22. Item 13 substitutes new clauses in the Schedule for clauses 2.1 to 2.3 to require ships to only submit Position Reports using AIS. The master of a ship is required to ensure the information transmitted is the information required by Regulation 19.2.4 of Chapter V of SOLAS and that the AIS is operated in accordance with that SOLAS regulation. The master of a ship must also report any malfunction of a ship’s AIS to RCC Australia using the listed methods.
23. Item 14 substitutes a new clause 3.2 in the Schedule to specify that email as well as HF DSC and Inmarsat-C can be used to submit a Deviation Report.
24. Item 16 substitutes a new clause 4.2 to specify that email as well as HF DSC and Inmarsat-C can be used to transmit a Final Report to RCC Australia.
25. Items 12, 15 and 17 respectively delete the option for RCC Australia to forward a Position Report, a Deviation Report or a Final Report to the US Coast Guard. Ships may send their reports directly to the US Coast Guard if desired.
26. The remaining items make various amendments of a drafting nature, including:
- omitting redundant definitions
- changing references to Part to Order
- changing the Appendices to Schedules.
Compatibility with human rights
27. AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
28. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.