Division 1 Preliminary................................................................................................... 3
1 Name
of Order................................................................................................. 3
2 Commencement............................................................................................... 3
3 Repeal.............................................................................................................. 3
4 Purpose............................................................................................................. 3
5 Definitions
for this Order................................................................................ 3
Division 2 Interpretation
of Marine Orders.................................................................. 3
6 Definitions....................................................................................................... 3
7 Survey
authorities............................................................................................ 4
8 Provisions......................................................................................................... 4
9 AMSA
managers.............................................................................................. 4
10 Penal
provisions............................................................................................... 4
Division 3 Application
and review process................................................................... 5
11 Applications
to which this Division applies..................................................... 5
12 Form
and content of application...................................................................... 5
13 Request
for further information etc................................................................. 6
14 Notification
of applicant of progress of application........................................ 6
15 Period
for consideration of application............................................................ 7
16 Decision
on application and notification of decision....................................... 7
17 Reviewable
decisions....................................................................................... 7
18 Internal
review of decisions............................................................................. 7
19 Review
by AAT............................................................................................... 8
Division 4 Approved
forms.......................................................................................... 8
19 Approved
forms............................................................................................... 8
Schedule 1 Survey
authorities........................................................................... 9
Division 1 Preliminary
1 Name
of Order
This Order is Marine Order 1, issue 2.
2 Commencement
This Order commences on the day after it is
registered.
3 Repeal
Marine Orders Part 1 — Incidental
Marine Order, issue 1 is repealed.
4 Purpose
The purpose
of this Order is to facilitate the consistency and shortening of Marine Orders
by setting out:
(a) rules of interpretation that generally apply to all Marine
Orders; and
(b) generic provisions that a Marine Order may adopt.
5 Definitions
for this Order
In this Order:
Act means the Navigation Act 1912.
decision maker, for a decision, means the holder
of an AMSA office mentioned in an Order as the decision maker for an
application under the Order made in accordance with the application process set
out in this Order.
equivalent, for an approval mentioned in an
Order, has the meaning given in the Order that provides that a person may apply
for the approval for an equivalent to be fitted, used or carried.
equivalent guideline, for an approval
mentioned in an Order, has the meaning given in the Order that provides that a
person may apply for the approval of an equivalent guideline.
IACS means the International Association of
Classification Societies Ltd.
surveyor — see section 6 of the Act.
Division 2 Interpretation
of Marine Orders
6 Definitions
In a Marine Order,
unless otherwise provided:
AFS Act means the Protection of the Sea
(Harmful Anti-fouling Systems) Act 2006.
AMSA means the Australian Maritime Safety
Authority established by the Australian Maritime Safety Authority Act 1990.
AMSA Act means the Australian
Maritime Safety Authority Act 1990.
General Manager, Maritime Operations Division means
the person occupying the position of General Manager, Maritime Operations
Division, AMSA.
IMO means the International Maritime
Organization.
Manager, Marine Environment Standards means
the person occupying the position of Manager, Marine Environment Standards,
AMSA.
Manager, Ship Inspection and Registration
means the person occupying the position of Manager, Ship Inspection and
Registration, AMSA.
Manager, Ship Operations and Qualifications means
the person occupying the position of Manager, Ship Operations and
Qualifications, AMSA.
Marine Order means an order made under subsection
425(1AA) of the Navigation Act, section 24 of the AFS Act or section 34 of the
Pollution Prevention Act.
MARPOL — see subsection 3(1) of the
Pollution Prevention Act, meaning of the Convention.
Navigation Act means the Navigation Act
1912.
Pollution Prevention Act means the Protection
of the Sea (Prevention of Pollution from Ships) Act 1983.
SOLAS — see subsection 187A(1) of the Navigation
Act, meaning of the Safety Convention.
USL Code — see subsection 427(1) of the
Navigation Act, meaning of Code.
Note Other terms used in Marine Orders have the same
meaning as they have in the Act or Acts under which they are made — see
section 6 of the Navigation Act, section 3 of the AFS Act and section 3 of the
Pollution Prevention Act.
7 Survey
authorities
For the definition of survey authority
in section 6 of the Act, each corporation or association mentioned in
Schedule 1 is approved.
8 Provisions
A
reference in a Marine Order to a section, subsection, paragraph, subparagraph,
clause or subclause of another Marine Order may be taken to be a reference to a
part of the other Order that is termed a ‘provision’ or described by another
term.
9 AMSA
managers
9.1 A reference in a Marine Order to the Manager,
Ship Inspections is taken to be a reference to the Manager, Ship Inspection and
Registration.
9.2 A reference in a Marine Order to the Manager,
Environment Protection Standards is taken to be a reference to the Manager,
Marine Environment Standards.
10 Penal
provisions
A provision followed by the phrase ‘This is
a penal provision’ is a penal provision under the legislation under which the
provision is made.
Note 1 Subregulation 4(1) of the Navigation
(Orders) Regulations 1980 provides that a person who fails to comply with a
provision of an Order made under subsection 425(1AA) of the Navigation Act that
is expressed to be a penal provision is guilty of an offence and is punishable
by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an
offence against subregulation 4(1) is an offence of strict liability. Regulation
4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders
Regulations 1994 is a similar provision about provisions of Orders made
under the Pollution Prevention Act. Section 24 of the AFS Act provides that
Orders made under that Act cannot impose penalties for contravention of the Orders.
Note 2 For an act or omission
constituting an offence under 2 or more laws, see section 4C of the Crimes
Act 1914.
Division 3 Application and
review process
11 Applications
to which this Division applies
11.1 This Division applies
if a Marine Order provides that a person may apply, in accordance with the
application process set out in this Order, to AMSA for any of the following:
(a) an approval
for an equivalent to be fitted, used or carried in or on a ship;
(b) an approval
for an equivalent guideline;
(c) an exemption of
a ship or a person from a requirement of the Order;
(d) an approval
for a modification of a requirement of the Order to apply to a ship or a
person.
11.2 This Division also applies to any other matter
that a Marine Order provides is a matter for which an application must be
made in accordance with this Order.
11.3 A Marine Order that
provides that an application must be made in accordance with this Order may
vary the process set out in this Order as it applies to the application.
Example
The period for consideration of the application may be varied.
12 Form
and content of application
12.1 An application mentioned
in section 11:
(a) must:
(i) be in writing; and
(ii) be in the approved form, if any; and
(iii) be accompanied by the application fee, if any;
and
(iv) include a supporting statement setting out the
grounds for the application; and
(v) include any other information or document that
an Order requires be included: and
(b) may include any other information or document the
applicant considers relevant to the application.
Example for subparagraph (a)(v)
A Marine Order may require information in accordance with an
international agreement that Australia has implemented.
Note 1 AMSA may also determine fees for processing applications
under Marine Orders — see section 47 of the AMSA Act.
Note 2 Giving false or misleading information in an
application is an offence — see section 338 of the Criminal Code.
12.2 An application for an approval of an equivalent
guideline must also mention the guideline for which approval is sought and why
the applicant considers it meets the requirements of the Order that would
otherwise apply.
13 Request
for further information etc
13.1 The decision maker may, in writing, ask the applicant
to provide any information or document that the decision maker reasonably considers
necessary for consideration of the application.
Note More than 1 request may be made
under this section.
13.2 The decision
maker may, in writing, ask any of the following to provide any information,
document or agreement that the decision maker reasonably considers necessary
for consideration of the application:
(a) the government of another country;
(b) an international organisation;
(c) a Commonwealth agency or other Commonwealth body;
(d) a State or Territory agency or other State or Territory body
responsible for maritime safety or environmental protection;
(e) a person performing maritime safety or environmental
protection functions.
Examples for paragraph (e)
1 Companies that provide cargo testing services.
2 Survey authorities and surveyors.
Note More than 1 request may be made under this
section.
14 Notification of applicant of progress of
application
If the decision
maker asks for information, a document or an agreement under section 13, he or
she must tell the applicant, in writing:
(a) if the information, document or agreement has been
requested under subsection 13.2 — that the information, document or agreement has
been requested and from whom; and
(b) about the effect of the request on the period for
consideration of the application.
15 Period
for consideration of application
An
application must be considered:
(a) if no request for further information or documents is made
under section 13 — within 90 days after the decision maker receives
the application; or
(b) within 90 days after the decision maker receives all the
information, documents or final responses requested under section 13; or
(c) if the decision maker does not receive all the
information, documents or final responses requested under section 13 within a reasonable
period for the kind of request — within 90 days after that period.
16 Decision on
application and notification of decision
16.1 The decision
maker must, within the period mentioned in section 15:
(a) decide the application; and
(b) tell the applicant, in
writing:
(i) the decision on the application and any
conditions imposed; and
(ii) the reasons for
the decision if:
(A) the decision is not to approve the application; or
(B) it is an
application for an exemption and the decision is not to grant the exemption.
Note A Marine Order that provides that an application
may be made to AMSA in accordance with this Order may set out criteria to be
considered by the decision maker when deciding the application.
16.2 If the decision
maker does not decide the application within the period mentioned in section 15,
the decision maker is taken to have decided:
(a) not to approve the application; or
(b) if it is an application for an exemption —not to grant the
exemption.
17 Reviewable
decisions
A decision mentioned in section 16 is a
reviewable decision.
18 Internal
review of decisions
18.1 A
person who is affected by a reviewable decision may apply, in writing, to AMSA for
internal review of the decision before the later of the following:
(a) 90 days after:
(i) notification of the decision; or
(ii) if the decision is not notified within the
period mentioned in section 15 — the end of that period;
(b) a longer period determined by AMSA.
18.2 The
General Manager, Maritime Operations Division must, on receipt by AMSA of the
application, review the reviewable decision.
18.3 The
General Manager, Maritime Operations Division must:
(a) affirm the reviewable decision; or
(b) make any other decision that he or she considers
appropriate.
18.4 The General Manager, Maritime Operations
Division must tell the applicant, in writing, of the outcome of the internal
review within 28 days after the application for internal review was received.
18.5 A notice under subsection
18.4 must include:
(a) a statement to the effect that, if the applicant is
dissatisfied with the decision, application may, subject to the Administrative
Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal
for review of the decision; and
(b) a statement to the effect that the applicant may request a
statement of reasons under section 28 of that Act.
18.6 Failure to comply with subsection 18.5 for
a decision does not affect the validity of the decision.
19 Review by AAT
A person affected by a decision under subsection
18.3 may apply to the Administrative Appeals Tribunal for review of the
decision.
Division 4 Approved
forms
19 Approved
forms
If AMSA approves a form for a particular
purpose in an Order, the approved form must be used for that purpose.
Note
AMSA may, in writing, approve a form for a provision of an Order made under the
Act or the Pollution Prevention Act — see section 6F of the Act and section 3A
of the Pollution Prevention Act. Approved forms are available on the AMSA
website at http://www.amsa.gov.au.