EXPLANATORY NOTES

Marine Orders, Part 63 — AUSREP

Issue 1 (Amendment)

Order No. 11 of 2008

Purpose

1.      Marine Orders Part 63 — AUSREP establishes a system for the reporting of the movement or intended movement of ships that are in, or in the process of entering or leaving, the AUSREP area.  It is used for search and rescue purposes by Australia’s Rescue Coordination Centre (‘RCC Australia’) which is operated by the Australian Maritime Safety Authority.

2.      On becoming a Party to the International Convention on Maritime Search and Rescue, 1979, Australia accepted search and rescue responsibility for a significant part of the oceans surrounding Australia, the AUSREP area.

3.      It is proposed to amend Marine Orders Part 63 to reflect changes to INMARSAT services and RCC Australia’s systems.

Power

4.      Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping.  Subsection 269D (1) of the 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.

5.      Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

6.      Subsection 425 (1AA) of the Act provides that AMSA may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made.

7.      Marine Orders Part 63, Issue 1 — Amendment is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

Consultation

8.      In addition to providing a copy of the draft Marine Orders Part 63 Amendment on AMSA’s website, a copy of the draft Amendment Marine Order was provided to the Australian Shipowners’ Association and Shipping Australia Limited for comment. 

9.      Shipping Australia Limited advised AMSA that they did not have any comment to make regarding the draft amendments.

Overview

10. The draft amendments of Marine Orders Part 63 reflect changes to INMARSAT services and RCC Australia systems.  These include updating the contact details of RCC Australia and deleting references to telex services because these services are no longer used by the RCC.

11. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 63 with notes after the relevant provisions.  This reflects current drafting practice and will enable future amendment of the text of a note to be easily identified and amended with minimal disruption to the Marine Orders Part.

Amendments commencing on 20 December 2008

Provision 1

12. Item [1] amends the heading of provision 1 by omitting the symbol ‘&’ and inserting the word ‘and’.

Provision 2, definition of IMO and penal provision, including footnote 1

13. Item [2] inserts a definition of the acronym ‘IMO’ or International Maritime Organization.  This acronym is used throughout Marine Orders Part 63.

14. Item [2] also amends the definition of penal provision in provision 2 by updating the reference to the Navigation (Orders) Regulations 1980 so that it reflects current drafting practice.  The definition is also amended by replacing footnote 2, which related to the definition, with a note. 

15. The note following the definition of penal provision amends the references to the number of penalty units that an individual and a body corporate may receive if found guilty of an offence, so that these accurately reflect subregulation 4 (1) of the Navigation (Orders) Regulations 1980.

Provision 2, after definition of SOLAS

16. Item [3] inserts 2 notes after the definition of SOLAS in provision 2.  Proposed note 1 provides readers with information on how copies of IMO documents may be obtained from AMSA.  The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information.  The repositioning of the note ensures consistency across the Marine Orders in relation to this information. 

17. Proposed note 2 provides information on how to obtain a copy of the ‘AUSREP Handbook’ and includes a link to AMSA’s website.

Provisions 3 and 4, including footnotes 2 and 3

18. Item [4] amends provision 3 by inserting the word ‘and’ at the end of paragraphs (a) and (b).  The item omits the words ‘a footnote’ and inserts the words ‘a note’ in paragraph (c).  The amendment of paragraph (c) is necessary given the decision to replace footnotes with notes following the relevant provision. 

19. Item [4] also amends provision 4 by repositioning footnotes 2 and 3 as 2 notes after the provision.  The proposed notes consist of the text of footnotes 2 and 3.

Provision 6, including footnotes 4, 5 and 6

20. Provision 6 is amended to clarify the reports that a master of a ship is required to make, or arrange to make, to the RCC Australia when the ship is in the AUSREP area.

21. Item [5] amends provision 6.1 by repositioning footnote 4 as a note and omitting the reference to footnote 5.  Footnote 4, which is a draft note inserted after the provision, is amended to reflect the contact details of RCC Australia.  The note also includes information on obtaining a copy of the AUSREP handbook.  This information was found in footnote 7.

22. Item [6] inserts a proposed note after provision 6.3. The proposed note is based on the text of footnote 6.

Appendix 1, heading, including footnote 7

23. Item [7] amends the heading of Appendix 1 to omit the reference to footnote 7.  The contents of footnote 7 have been transferred to a draft note after provision 6.1, as described in item [5] above.

Appendix 1, clause 1, including footnote 8

24. Items [8] and [9] amend clause 1 of Appendix 1.  Item [8] omits the reference to telex services in paragraphs (b) and (c) of clause 1.2.2.

25. Item [9] amends clause 1.3 to provide that a sailing plan must include the code ‘AUSREP/SP//’ in the first line of text.  As a result of the increasing automation of the INMARSAT services, a master of a ship is required to insert specific codes into a message. 

26. Item [9] also amends clause 1.3 to require sailing plans to:

·        provide route information;

·        provide details of the ship’s type (in metres) and gross tonnage; and

·        state if the sailing plan is to be forwarded by RCC Australia to the United States Coast Guard.

27. The message format field identifiers, mentioned in column 2 of the table in clause 1.3, use the same reporting formats as those specified by the IMO.

Appendix 1, clause 2, including footnote 9

28. Item [10] amends clause 2.1.2 of Appendix 1 by expanding the clause to provide how a ship’s position is to be reported, if: (i) Inmarsat-C polling cannot be used; or (ii) RCC Australia directs the master to report the ship’s position.

29. Item [11] amends clauses 2.2 and 2.3 of Appendix 1.  Clause 2.2 requires a master, who uses Inmarsat-C or HF DSC to report a ship’s position, to submit a position report once a day between specified hours.  Proposed clause 2.2 clarifies these requirements.

30. Footnote 9 in clause 2.2 is replaced by a proposed note after clause 2.2.  The reference to the frequency of polling by AMSA, stated in the note, is amended to provide that a ship will be polled at least once every 24 hours instead of once every 12 hours. 

31. Clause 2.3 of Appendix 1 provides for the information to be provided in a ship’s position report.  This clause is also amended to require position reports to insert the code ‘AUSREP/PR//’ in the first line of text, for the reasons mentioned in item [9] above. 

Appendix 1, clause 3

32. Clause 3.3 of Appendix 1 provides for the information to be provided in a ship’s deviation report.  Item [12] amends this clause to require deviation reports to insert the code ‘AUSREP/DR//’ in the first line of text, for the reasons mentioned in item [9] above. 

33. Item [12] also amends clause 3.3 to require deviation reports to:

·        provide information regarding the ship’s course and speed;

·        provide details of whether a coastal pilot is, or has been, used by the ship;

·        provide information regarding the date, time and point of departure of the ship from the AUSREP system;

·        provide details of communication arrangements; and

·        state if the deviation report is to be forwarded by RCC Australia to the United States Coast Guard.

Appendix 1, clause 4, including footnote 10

34. Item [13] amends clause 4.1.2 (b) by repositioning footnote 10 as a draft note after paragraph (b). The proposed note consists of the text of footnote 10.

35. Item [14] amends clause 4.3 of Appendix 1.  Clause 4.3 provides for the information to be provided in a ship’s final report.  Item [14] amends this clause to require final reports to insert the code ‘AUSREP/FR//’ in the first line of text, for the reasons mentioned in item [9] above.

36. It is also proposed to amend the table in clause 4.3 to require a final report to state if the report is to be forwarded by RCC Australia to the United States Coast Guard.

Australian Maritime Safety Authority

21 November 2008