Annual Regulatory Program 2021–22

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 each financial year. While AMSA works hard to deliver the program as published, there may be unforeseen delays to consultation or implementation 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 instruments in the regulatory program 2021 22 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 2021–22

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

Project		Description of Action
Marine Orders – made under the Navigation Act 2012 and Protection of the Sea Acts
Marine Order 51 (Fishing vessels) 1989	AMSA is undertaking a full review. The amendments will clarify standards for fishing vessel stability and subdivision and reissue the Order under the Navigation Act 2012.
Marine Order 52 (Yachts and training vessels) 2016	AMSA is conducting a review 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).
Marine Order 54 (Coastal pilotage) 2014	AMSA is conducting a review to address operational issues with licensing of pilot and pilotage providers, consideration for Continuous Professional Development in pilot licence renewal requirements and the criteria for pilot licence renewal.
Marine Order 64 (Vessel traffic services) 2013	AMSA is undertaking a 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.
Marine Order 71 (Masters and deck officers) 2014	AMSA is undertaking a full review. Amendments will clarify the transition arrangements for certificates. The Order will also be reissued under the Navigation Act 2012.
Marine Order 97 (Marine pollution prevention - air pollution) 2013	AMSA is undertaking a full review. 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).
Marine Order 98 (Marine pollution - anti-fouling systems) 2013	AMSA is conducting a full review to address changes to the Anti-fouling Convention.
Drugs and alcohol	AMSA will be creating a new Marine Order to 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).
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.
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.
Marine Order 505 (Certificates of competency - national law) 2013	AMSA undertook a full review of Marine Order 505 to revise and streamline the structure of the near coastal qualifications framework, including combining the requirements of the National Standard for Commercial Vessels Part D and 12 of the exemptions into a new updated version of Marine Order 505.
Review of grandfathering arrangements – Marine Order 503, Marine Order 504 and Exemption 02	Full review. Amendments will move existing vessels to more contemporary survey, crewing and vessel standards, having evaluated safety benefits, costs and other barriers. Amendments to Marine Order 503, Marine Order 504, Exemption 02 will be required to implement the final policy position, with implementation to be progressed in the regulatory program in forward years post 2021/22.
Marine Orders Consequential Amendments Order	Amendment to make any necessary changes arising as a consequence of amending Marine Order 503 and Marine Order 505.
National Standard for Commercial Vessels (NSCV)
Part C1 - Design and construction - Arrangement, accommodation and personal safety	AMSA is undertaking a full review to address technical issues and Coronial recommendations on escape lighting and signage.
Part C2 - Watertight and weathertight integrity	AMSA is conducting a full review of the standards for watertight and weathertight integrity and has developed a draft new standard NSCV Part C2. AMSA commenced consultation on the proposed new draft standard on 18 January 2021. The proposed new standard updates the requirements for watertight and weathertight integrity to reflect current technologies and to align with current international standards and best practice. It is a performance-based standard, with multiple options for compliance to address a number of safety issues with the current requirements, including over-loading. Public consultation was held from 18 January to 28 March 2021. When made, the standard will replace the USL Code and it is proposed to apply to vessels constructed after 2022.
Part C4 - Fire Safety	AMSA is undertaking a full review to address a high number of outstanding issues relating to the standard.
Part C6B - Buoyancy and Stability After Flooding	AMSA is conducting a full review to address a high number of outstanding issues related to, amongst other things, level flotation, hydrostatic testing, incorrect calculations and formulas. Industry has also identified stability calculation issues with the standard.
Part C7A - Design and construction - safety equipment	AMSA is conducting a full review of NSCV Part C7A to address operational issues identified by industry, including with the carriage of safety equipment for vessels less than 12m in length operating close to land. AMSA is also reviewing life raft carriage requirements as part of this review.
Part G - Non-survey vessels	AMSA is conducting a review to address issues with the carriage of certain items of safety equipment on small vessels and vessels operating close to shore.

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 Standard for Commercial Vessels	Reviews of the NSCV 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 2020–21

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 11 (Living and working conditions on vessels) 2015	AMSA conducted a full review. The amendment gave 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 were also clarified.	1 June 2021
Marine Order 47 (Offshore industry units) 2019	AMSA amended the Marine Order to clarify criteria for the revocation of Mobile Offshore Drilling Units (MODU) safety certificates, outline segregation requirements for certain gas cylinders, provide guidance on the training, certification and familiarisation of personnel aboard towed units and towing vessels, and provide examples of industry best practice in relation to personnel transfer between vessels.	1 July 2020
Marine Order 58 (Safe management on vessels) 2020	AMSA amended the Marine Order to delegate the power to issue a Safety Management Certificate (SMC), Document of Compliance (DoC) and Interim Document of Compliance Certificate (IDoC) to Recognised Organisations (ROs). This allows ROs to provide more tailored and competitive certification services to Australian vessel operators that are required to obtain this certification.	1 July 2020
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Nil
National Standard for Commercial Vessels (NSCV)
Part C7B - Design and construction - communication equipment	AMSA amended the Standard to include alternative arrangements for Emergency Position Indicating Radio Beacons (EPIRBs) on small vessels <7.5m operating in open waters (offshore operations (B waters) or restricted offshore operations (C waters)). Consequential changes were also made to NSCV Section F2 (Leisure craft) and NSCV Part G (Non-survey vessels).	1 January 2021