Annual Regulatory Program 2020–21

Publishing a regulatory program makes it easier for business and the community to take part in the development of our regulatory instruments, such as marine orders and the National Standard for Commercial Vessels.

The regulatory program contains information on:

• legislative or other action planned to be progressed during the current financial year that could lead to changes in our regulatory instruments;
• a five-year outlook of future action, including for specific industry issues, international developments, priorities for standards and legislative expiry; and
• changes to our regulatory instruments that occurred during the previous financial year.

We publish an annual regulatory program early in each financial year. While AMSA works hard to deliver the program as published, there may be unforeseen delays to the timing of proposed consultation or the date of effect for amended instruments, including from consultation feedback, resourcing constraints or other work priorities. There may also be some regulatory activities that we are unable to forecast at the time the program is published. As such, proposed stakeholder consultation dates and the date of effect shown for instruments in the regulatory program 2020‑21 should be considered indicative only. In all cases, however, significant regulatory changes will involve consultation with affected parties and will be recorded in future regulatory programs.

Please direct any queries about our regulatory program to regulation@amsa.gov.au.

Regulatory Program 2020–21

The regulatory program shows the regulatory changes that are planned to be progressed during the next 12 months.

Project		Description of Action		Proposed consultation timeframe	Proposed     date of effect
Marine Orders – made under the Navigation Act 2012 and Protection of the Sea Acts
Marine Order 11 (Living and working conditions on vessels) 2015	Full review. Amendments will give effect to the International Labour Organization approved 2018 amendments to the Maritime Labour Convention 2006, which relate to the protection of seafarers’ wages and entitlements while they are held captive on or off the ship as a result of acts of piracy or armed robbery against ships. Application issues with the Order will also be clarified.		2020		2020
Marine Order 51 (Fishing vessels) 1989	Full review. Amendments will clarify standards for fishing vessel stability and subdivision, and reissue the Order under the Navigation Act 2012.		2021		2022
Marine Order 52 (Yachts and training vessels) 2016	Amendments to give effect to recent changes to the Red Ensign Group Yacht Code, which supersedes the United Kingdom’s Large Commercial Yacht Code (LY3 Code).		2021		2022
Marine Order 54 (Coastal pilotage) 2014	Amendments to address operational issues with licensing of pilot and pilotage providers, including the validity time of licences, demerit points for pilotage provider and regulatory actions against pilots, consideration for Continuous Professional Development in pilot licence renewal requirements, and the criteria for pilot licence renewal.		2021		2022
Marine Order 64 (Vessel traffic services) 2013	Full review. Amendments will implement revised International Maritime Organization (IMO) Guidelines for Vessel Traffic Services (VTS), which include a suite of standards relating to VTS that form part of a framework to harmonise VTS operations worldwide. The proposed new Guidelines are expected to come into effect in March 2022.		2021		2022
Marine Order 71 (Masters and deck officers) 2014	Full review. Amendments will clarify the transition arrangements for certificates. The Order will also be reissued under the Navigation Act 2012.		2021		2022
Marine Order 97 (Marine pollution prevention - air pollution) 2013	Full review in progress. Amendments will address application issues relating to Engine International Air Pollution Prevention, International Energy Efficiency and International Air Pollution Prevention certificates for consistency with requirements of Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL).		November 2020		1 July 2021
Marine Order 98 (Marine pollution - anti-fouling systems) 2013	Full review. Amendments will address changes resulting from the current IMO review of the Anti-fouling Convention.		2021		2022
Drugs and alcohol	New Marine Order will address drug and alcohol consumption on domestic vessels and the implementation of requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention).		2021		2022
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Order 503 (Certificates of survey - national law) 2018	Amendment to address minor technical workability issues, including ensuring the triggers for transitional vessel standards are appropriate and the survey regime operates as intended. Consequential changes will also be made to Part 2 of the Marine Surveyor Guidance Manual and Marine Order 507.		February – March 2021		1 July 2021
Marine Order 504 (Certificates of operation and operation requirements - national law) 2018	Amendment to address minor technical issues, including alignment with arrangements in Marine Order 505 for certificates of competency and qualification requirements, addressing minor errors regarding competencies for hirers of hire and drive vessels and addressing recommendations made in coronial inquests.		February – March 2021		1 July 2021
Marine Order 505 (Certificates of competency - national law) 2013	Full review in progress. Amendments will simplify the qualifications framework for domestic vessel seafarers and incorporate the National Standard for Commercial Vessels (NSCV) Part D into the Order.		Completed September 2019		2021
National Standard for Commercial Vessels (NSCV)
Part C1 - Design and  construction - Arrangement, accommodation and personal safety	Full review in progress. Amendments will address technical issues and Coronial recommendations on escape lighting and signage.		March-July 2021		1 Jul 2022
Part C2 - Watertight and weathertight integrity	Full review in progress. New part to the NSCV to update and replace commercial vessel standards currently applied under the Uniform Shipping Laws Code (USL Code) provisions 5C, 5D and section 7.		September – December 2020		1 Jul 2021
Part C4 - Fire Safety	Full review. Amendments will address technical issues, including from recent incidents, carriage of dangerous goods, and reassess the fire risk rating for passenger vessels.		2021		2022
Part C6B -  Buoyancy and Stability After Flooding	Amendment to address technical issues, including, level flotation and stability calculations, hydrostatic testing, and to apply the USL Code as a deemed to satisfy solution.		2021		2022
Part C7A - Design and construction - safety equipment	Full review in progress. Amendments will address operational issues identified by industry, including with the carriage of safety equipment for vessels less than 12m in length operating close to land.		November – December 2020		1 July 2021
Part C7B - Design and  construction - communication equipment	Full review in progress. Amendments will address primarily Coronial recommendations around the carriage of float-free Emergency Position Indicating Radio Beacon (EPIRBs), updates to referenced standards for radios and EPIRBs, and national changes to HF voice monitoring by land-based radio stations.		November –December 2020		1 July 2021
Part F1B - Category 1 fast craft	Full review. Amendments will address operational issues, including for high-speed craft carrying less than 12 passengers, which are involved in the highest number of incidents or injuries.		2021		2022
Part G - Non-survey vessels	Amendment to address issues with the carriage of certain items of safety equipment on small vessels and vessels operating close to shore.		2021		2022
Minor issues amendment	Ongoing work program. A 12-monthly ongoing review to make minor amendments to various parts of the NSCV where text, typographical errors and clarification issues have been identified.		N/A		1 July 2021

Five-Year Regulatory Outlook

This five-year outlook of future action covers specific industry issues, international developments, priorities for standards, and legislative expiry (‘sunsetting’) dates for regulatory instruments.

Initiative	Description
Marine Orders – made under the Navigation Act 2012 and Protection of the Sea Acts	Reviews and amendments will apply priority to Marine Orders required to fulfil incoming International treaty obligations, to ensure continuity of regulation for sunsetting Orders, or to implement amendments based on feedback received from industry.
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012	Reviews and amendments will address minor technical and workability issues identified since 2018 and will improve AMSA’s efficiency in delivering certification services and simplify the qualifications framework. It will also finalise the qualifications review, implement coronial recommendations, and address safety risks. Parts of this package of work will be contingent upon amendments to the National Law Act.
National Standards for Commercial Vessels	Reviews of the NSCV standards will be conducted based on issues raised internally or externally, incident data, coronial recommendations, and technology and safety advancements. Minor amendments will also be progressed each year to address minor technical and workability issues in a cohesive package. The NSCV will also be completed with the introduction of Part C2 (watertight and weathertight integrity), which will replace the current USL Code sections that apply.

Completed Program 2019–20

The completed program shows the regulatory changes that have been completed in the past 12 months.

Project			Description of Action	Date of Effect
Marine Orders – made under the Navigation Act 2012 and Protection of the Sea Acts
Marine Order 12 (Construction - subdivision and stability, machinery and electrical installations) 2016			Amendment to implement IMO resolution MSC.421(98) that introduces certain requirements for damage control drills for passenger ships under Regulation 19-1 in Chapter II-1 of SOLAS, which came into effect internationally on 1 January 2020.	1 January 2020
Marine Order 21 (Safety and emergency arrangements) 2016			Amendment to address requirements in International Maritime Organization (IMO) Resolution MSC.421(98) for damage control drills on passenger vessels.	1 January 2020
Marine Order 27 (Safety of Navigation and Radio Equipment) 2016			Full review. Amendment to give effect to resolution MSC.436(99), which recognises mobile satellite services within the Global Maritime Distress and Safety System (GMDSS) by providers additional to Inmarsat plc.	1 January 2020
Marine Order 31 (Vessel surveys and certification) 2015			Full review. Amendment to clarify and incorporate the existing survey and certification requirements for government vessels (currently in Marine Order 62). Proposed change will cover all vessels including special provision for vessels less than 7.5 metres in length. Repeal Marine Order 62. Consequential changes were also made to Marine Orders 16, 43, 52, 57 and 58. Marine Order 62 was also repealed.	1 October 2019
Marine Order 47 (Mobile offshore drilling units) 2012			Full review. Reissued the Order under the Navigation Act 2012 and modernised the drafting style. Amalgamated with Marine Order 60. Consequential changes were also made to Marine Orders 1, 12 and 15. Marine Order 60 was also repealed.	1 November 2019
Marine Order 58 (Safe management of vessels) 2020			Amendment to permit Recognised Organisations (ROs) to issue the Safety Management Certificate, Document of Compliance, and Interim Document of Compliance Certificate.	1 April 2020
Marine Order 63 (Vessel reporting systems) 2015			Implement IMO Resolution MSC.450(99) by adopting the term "recognised mobile satellite service”. Amendments to the Australian ship reporting system ‘REEFREP’ reporting area.	1 January 2020
Marine Order 97 (Marine pollution prevention - air pollution) 2013			Amendment to give effect to the use of approved Exhaust Gas Cleaning Systems as equivalent to using 0.5% m/m sulphur fuel outside Emission Control Areas. Changes are subject to amendment of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.	1 January 2020
Marine Order 97 (Marine pollution prevention - air pollution) 2013			Amendment to give effect to IMO Resolutions MEPC.176(58), MEPC.280(70) and MEPC.305(73) banning the use, and carriage for use, of fuel oil with sulphur content >0.5% m/m. Changes are subject to amendment of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.	1 March 2020
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Order 504 (Certificates of operation and operation requirements - national law) 2018			Amendment to strengthen and clarify the requirements for monitoring and counting passengers and for managing situations where a passenger is unaccounted for.	31 May 2020
National Standard for Commercial Vessels (NSCV)
NSCV Part C5B (Design and Construction - Engineering - electrical)			Full review. Amendment to incorporate AS/NZS 3004.2:2014 - Electrical Installations - Marinas and Recreational Boats. This will align the electrical requirements of the NSCV with current state and territory requirements.	1 January 2020