AMSA MO 2016/18

Marine Order 81 (Administration amendment) 2016

I, Gary Prosser, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.

8 December 2016

Gary Prosser
Acting Chief Executive Officer

1  Name of Order

 This Order is Marine Order 81 (Administration amendment) 2016.

2 Commencement

 This Order commences on the day after it is registered.

3 Amendment of Marine Orders

 Each Order mentioned in the title of a Schedule to this Order is amended in accordance with the Schedule.

Schedule 1 Marine Order 1 (Administration) 2013

[1] Section 6, definition of Area Manager

omit

[2] Section 6, definitions of General Manager, Emergency Response Division and General Manager, Marine Environment Division

omit

[3] Section 6, definition of General Manager, Ship Safety Division

substitute

General Manager, Ship Safety Division means the person occupying the position of General Manager Operations, AMSA.

gross tonnage has the same meaning as in paragraph (4) of Article 2 of the Tonnage Convention.

Note   The gross tonnage of a vessel is generally worked out in accordance with regulation 3 of Annex I to the Tonnage Convention.

GT, for a vessel, means the gross tonnage of the vessel.

[4] Section 6, definition of Manager, Marine Environment Standards

omit

[5] Section 6, definition of Manager, Ship Operations and Qualifications

omit

Ship Operations and Qualifications

insert

Seafarer Certification Service

[6] Section 6, definition of STCW Code

omit

Convention.

insert

Convention, as amended and in force for Australia from time to time.

[7] After section 23

insert

Division 6A Reporting of marine incidents

23A Reporting of marine incidents to AMSA

 For paragraphs 185(1)(b) and (2)(b) and 186(1)(b) and (2)(b) of the Navigation Act (which deal with reporting of marine incidents by the owner and the master of a vessel), the prescribed period for reporting a marine incident is:

(a) for a preliminary report — 4 hours; and

(b) for a detailed report — 72 hours.

Note 1   Approved forms for the reporting of marine incidents are available on AMSA’s website at http://www.amsa.gov.au/forms.

Note 2   It is an offence not to report a marine incident in which a vessel is involved — see sections 185 and 186 of the Navigation Act. If a report of a marine incident is made, AMSA may start an investigation to decide if a survey of the vessel should be conducted.

Note 3   For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.

[8] Schedule 1, items 4 and 5

substitute

Schedule 2 Marine Order 27 (Safety of navigation and radio equipment) 2016

[1] Subsection 4(1), definitions of gross tonnage and GT

omit

[2] Section 4, note 2

after

• AMSA

insert

• GT

[3] Subsection 26(6), note

omit

Schedule 3 Marine Order 28 (Operations standards and procedures) 2015

[1] Subsection 2(1), note

omit

2011

insert

latest

[2] Section 13, note 1

omit

48 of Marine Order 31 (Vessel surveys and certification) 2015

insert

23A of Marine Order 1 (Administration) 2013

Schedule 4 Marine Order 31 (Vessel surveys and certification) 2015

[1] Section 4, definitions of gross tonnage and GT

omit

[2] Section 4, note 3

after

• fishing vessel

insert

• GT

[3] Paragraph 43(2)(a)

omit

(Liquefied gas carriers and chemical tankers) 2006

insert

(Chemical tankers and gas carriers) 2016

[4] Section 47, note

substitute

Note 1   An approved form for the reporting of defects to AMSA is available on AMSA’s website at http://www.amsa.gov.au/forms.

Note 2    Under section 185 of the Navigation Act, the owner of a vessel must also report marine incidents and dangers to navigation to AMSA.  Under section 186 of the Navigation Act, the master of a vessel must report marine incidents and dangers to navigation to AMSA.  Section 23A of Marine Order 1 (Administration) 2013 prescribes matters in relation to reports under sections 185 and 186.

[5] Section 48

omit

[6] Further amendments

Schedule 5 Marine Order 49 (High-speed craft) 2015

(section 3)

[1] Section 31, note 2

omit

Marine Order 31 (Vessel surveys and certification) 2015

insert

section 23A of Marine Order 1 (Administration) 2013

Schedule 6 Marine Order 54 (Coastal pilotage) 2014

[1] Schedule 1, subclause 13(1), note 1

omit

13A of Marine Order 31 (Ship surveys and certification) 2006

insert

23A of Marine Order 1 (Administration) 2013

Schedule 7 Marine Order 70 (Seafarer certification) 2014

[1] Section 2, note

omit

2011

insert

latest

[2] Section 2, note

omit

A December 2015 supplement is also available.

[3] Section 4, definition of GT

omit

[4] Section 4, note 3

after

• AMSA Act

insert

• GT

Schedule 8 Marine Order 91 (Marine pollution prevention — oil) 2014

[1] Section 20, note 2

substitute

Note 2   For the prescribed periods for the reporting of marine incidents — see section 23A of Marine Order 1 (Administration) 2013.  Forms for reporting of marine incidents are available from AMSA’s website at http://www.amsa.gov.au.

Schedule 9 Marine Order 93 (Marine pollution prevention —noxious liquid substances) 2014

[1] Section 21, note 2

substitute

Note 2   For the prescribed periods for the reporting of marine incidents — see section 23A of Marine Order 1 (Administration) 2013.  Forms for reporting of marine incidents are available from AMSA’s website at http://www.amsa.gov.au.

Schedule 10 Marine Order 96 (Marine pollution prevention — sewage) 2013

[1] Section 21, note 2

substitute

Note 2   For the prescribed periods for the reporting of marine incidents — see section 23A of Marine Order 1 (Administration) 2013.  Forms for reporting of marine incidents are available from AMSA’s website at http://www.amsa.gov.au.

Note

1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See https://www.legislation.gov.au.