Marine Order 27 (Safety of navigation and radio equipment) 2023 is a reissue of Marine Order 27 (Safety of navigation and radio equipment) 2016. The commencement date of the reissued Order is 1 January 2024.
- Introduction
Marine Order 27 (Safety of navigation and radio equipment) 2023 is a reissue of Marine Order 27 (Safety of navigation and radio equipment) 2016 Compilation no.3, Compilation date: 1 January 2020. The commencement date of the reissued Order is 1 January 2024.
Marine Order 27 gives effect to SOLAS Regulations relating to radiocommunications and safety of navigation and sets out the requirements for navigation safety measures and equipment; radio equipment; and danger, urgency and distress signals and messages.
The key changes to the draft Marine Order 27 (MO27) that was circulated for public consultation are:
- incorporating amendments to SOLAS Chapter IV ‘Radiocommunications’ from IMO Resolution MSC.496(105), noting there are no resulting changes to carriage requirements
- incorporating amendments to SOLAS Chapter V ‘Safety of Navigation’ from IMO Resolution MSC.496(105), noting there are no resulting changes to carriage requirements
- updating SOLAS requirements, including their application to regulated Australian vessels and foreign flagged vessels
- minor updates to Schedule 3 GMDSS equipment for vessels to which Chapter IV of SOLAS does not apply
- removing Schedule 2 IMO Resolutions
- removing Schedule 4 Station frequencies for GMDSS distress and safety communications
- including mandatory registration of EPIRBs on regulated Australian vessels (RAVs)
- including penalty units for turning off some equipment, including Automatic Identification System (AIS) and Long-Range Identification and Tracking (LRIT)
- updating definitions, including EPIRB, qualified compass adjuster and NAVAREA X
- updating Division 4 to improve consistency with the Radio Regulations and remove duplication
- Consultation approach
AMSA seeks to have effective and respectful two-way communications with our regulated community. Consultation for MO27 was open to the public and a broad range of stakeholders covering various industry groups and peak bodies within the maritime industry.
Existing and established AMSA committees, including the National Safety Committee and the Shipping Consultative Forum were also advised on the proposed new requirements and the release of MO27 for public comment.
In addition, given the overlap in AMSA and Australian Communications and Media Authority (ACMA) work on radio communications, AMSA also informed ACMA of the release of MO27 for public comment.
- Public consultation
Overview
The public consultation on the proposed draft MO27 took place between 11 September 2023 and 8 October 2023 for a period of four weeks. A copy of the draft MO27 was placed on the AMSA website for public comment.
Notification of the public consultation was emailed to around 170 stakeholders including vessel operators, training organisations, port authorities, ship operating companies, seafarer representative organisations, classification societies, industry peak bodies and interested government departments and agencies, including the Australian Communications and Media Authority, inviting them to comment. The review was also advised on social media and via the September edition of ‘AMSA update’ which is a newsletter with a distribution of around 27,000 people.
AMSA received four submissions during the public consultation period. One submission expressed full support for the draft order, while the other submissions largely shared opinions, general comments and suggested general recommendations for improvement to the draft order. These comments were considered during the preparation of the final Marine Order, as described below.
Key issues arising from feedback and AMSA’s response
In review of the consultation feedback, AMSA identified 6 issues, outlined below.
Summary of submissions
Activity Received Confidential Public Public consultation 4 4 0 Key issue 1:
Industry suggested word “they” in section 25 (1) (b) needs to be defined to clarify who is the responsible person.Response
Section 25(1) provides a strict liability offence for a master of a vessel. “they” is referring to the master when read in conjunction with 25(1). Therefore, use of the word “they” is considered grammatically correct and there is no need to amend the order.
Key issue 2:
Industry suggested amending the wording of section 23(b) ensure that the latest version of Volume III (Mobile facilities) of the IAMSAR Manual is carried by ships.Response
AMSA improved the definition wording in section 4 for both IAMSAR manual and International Code of Signals to include reference of the adoption resolution and “as amended from time to time” to assist identification of current publications.
Key issue 3:
Industry suggested improved consistency between MO27 and the Radio Regulations regarding several sections within Division 4 Safety, urgency and distress communications.Response
AMSA amended the wording throughout MO27 for provisions relating to the transmission of safety, urgency and distress communications within Division 4 to improve consistency with the Radio Regulations.
This included clarifying transmittance of communication types must be in accordance with the relevant Article of Chapter VII of the Radio Regulations. Where possible AMSA also removed repetition of individual elements of the Radio Regulations. Considering Mariners are trained and assessed on the operational procedures of distress communication it was determined this repetition is not required in MO27.
Key issue 4:
Industry suggested improved consistency between MO27 and the Radio Regulations regarding several sections within Division 4 Safety, urgency and distress communications.Response
Industry suggested amending the words “AIS-SART” to “AIS-SART(S)” in Schedule 2 because AIS-SART(s) can be carried in lieu of radar transponders, therefore there can be more than one AIS-SART onboard.
Key issue 5:
Considering removing the requirement in Schedule 2, 1, Arrangement A for “(e)(iii) transmitting and receiving general radio communications, using either radiotelephony or data communication” as it is not a requirement of Arrangement B, and no longer a function of the GMDSS under SOLAS IV/Reg. 4.1.1.Response
MO27 section 28 triggers the requirement to Schedule 2, 1, Arrangement A. Schedule 2, 1, Arrangement A (e)(iii) remains a requirement for Australian coastal voyages (Sea Area A3); therefore, it needs to be retained.
Key issue 6:
Industry was concerned about the amended definition of qualified compass adjuster and suggested MASA reinstate the issuing of a qualified compass adjuster licence.Response
AMSA amended the MO27 definition for qualified compass adjuster to align with current practices, including the cessation of AMSA approval of the compass adjuster course and issuing of the compass adjuster licence. AMSA considers reinstatement of past practices unnecessary as current practices present no risk to safety and there is no clear safety driven reason to support reinstatement. Also noting the Master of a vessel can undertake compass adjustment as and where necessary a serviceability issue is not anticipated to arise.
- Further information
AMSA has provided all necessary reference materials to support the implementation of the reissued MO27.
If you require further information, please contact us.