Find out about our consultations held from 2016 to 2022, the feedback we received from the public, and input from relevant stakeholders.

Consultation—Maritime high frequency (HF) radiotelephone in Australia 2019

Read the most recent news about this consultation and consequent changes.

The consultation was open for eight weeks from Tuesday 1 October 2019 until Friday 29 November 2019.

In Australia, the States and Northern Territory marine agencies or volunteer marine rescue organisations monitor the HF radiotelephone distress and safety calling frequencies. However, the use of HF radiotelephone as the first and only means of distress and safety calling has steadily declined, especially given the prominence of HF DSC equipment.

For this reason, the Maritime Agencies Forum (MAF—a national forum for marine safety agencies) has recommended that the States and Northern Territory cease HF radiotelephone monitoring of distress and safety communications in Australia on 1 January 2022.

Stakeholders are invited to provide comments on the proposal, particularly those with vessels operating outside very-high frequency (VHF) coast station range and without a Global Maritime Distress Safety System (GMDSS) radio, such as Inmarsat, or HF digital selective calling (DSC) radio.

This consultation is about the proposal for marine agencies or volunteer marine rescue organisations to stop monitoring the HF radiotelephone distress and safety calling frequencies. Other services, such as communicating with other vessels and weather broadcasts will not be affected.

For more information, read the HF voice monitoring consultation feedback report.

Consultation—Marine Order 97 (Marine pollution prevention – air pollution) Amendment Order 2019

The POTS Act Amendment Bill is now available at the following link:

The consultation closed on 30 October 2019.

Marine Order 97 (Marine pollution prevention – air pollution) 2013 deals with the prevention of air pollution from vessels and gives effect to MARPOL Regulations for the Prevention of Air Pollution from Ships (Annex VI).

This applies to regulated Australian vessels, domestic commercial vessels, recreational vessels and foreign vessels.

The proposed Amendment Order amends Marine Order 97.

Key changes

The proposed Marine Order 97 (Marine pollution prevention – air pollution) Amendment Order 2019 will:

  • Update the prescribed limit for sulphur content in fuel oil to remove expired limits (effective 1 January 2020).
  • Implement provisions for the prohibition of carriage of non-compliant fuel on board (effective 1 March 2020).
  • Provide for the use of a MARPOL Annex VI approved equivalent (eg exhaust gas cleaning system (EGCS)) not just inside but also outside an emission control area (ECA) for Australian ships and for foreign ships within Australian waters as an alternative to using compliant fuel.
  • Mandate fuel oil non-availability reporting (FONAR) for Australian ships both inside and outside ECAs and foreign ships within Australian waters.
  • Clarify requirements related to bunker supply to vessels.

Commencement

It is intended that the amendments will commence on 1 January 2019 and 1 March 2019 as relevant synchronising with commencement of the Protection of the Sea (POTS) Act Amendment Bill to give effect to the International Convention for the Prevention of Pollution from Ships (MARPOL) VI amendments.

Consultation papers

Consultation—Marine order 63—Vessel reporting systems

The consultation closed on Wednesday 2 October 2019.

Marine order 63 provides information about reporting requirements for vessels travelling within Australian designated reporting areas—known as MASTREP and REEFREP.

The Modernised Australian Ship Tracking and Reporting System (MASTREP) area and REEFREP (an interactive mandatory ship reporting system) area encompasses the Great Barrier Reef and Torres Strait.

Within the MASTREP area, the order applies to the following:

  • regulated Australian vessels
  • foreign vessels from arrival at their first port in Australia until departure from their final port in Australia.

Domestic commercial vessels are also encouraged to participate in the system.

Within the REEFREP area, the order applies to:

  • Vessels 50 metres or more in length.
  • All oil tankers, liquefied gas carriers and chemical tankers.
  • Vessels involved in towing or pushing one of these vessels.
  • Vessels involved in a towing or pushing operation when the overall length of the tow is 150 metres or more.

Key changes

With the implementation of the Automatic Identification System (AIS) as the primary source of position reporting throughout the area, the designated mandatory reporting points within the REEFREP system have been removed as they are no longer required operationally.

The proposed new Marine order 63 (Vessel reporting systems) will amend the order where necessary, together with a revision of the information required from the remaining reports prescribed to be given by masters. This change will reduce the burden on vessel masters.

Other proposed changes include:

  • The Pre-Entry Report has been renamed the Entry Report, with consequential amendments throughout the order.
  • Position reports must now be sent automatically by AIS, and any malfunction or deliberate deactivation of the AIS by a vessel master must be reported to the Vessel Traffic Services (VTS).
  • Entry/Exit reports are no longer prescribed, so the list in Schedule 4 has been removed.

Commencement

It is proposed that this amended order will come into effect on 1 January 2020.

Consultation papers

Consultation—Marine Order 47 (Offshore industry units) Amendment Order 2020

Consultation closed 10 May 2020.

This consultation may be of interest to owners, operators and designers of offshore industry units, as well as recognised organisations and seafarer representative bodies. The order applies to regulated Australian vessels and foreign vessels.

Key changes

  • Insert provisions outlining the criteria for revoking a MODU safety certificate, which were omitted from the previous order.
  • Reinstating provisions requiring that gas cylinders containing breathing media for use in diving operations are stowed separately to gas cylinders containing gas for maintenance purposes.
  • Reinstating provisions requiring that arrangements for the safe transfer of personnel are implemented.
  • Amended provisions to clarify that compliance with chapter 14 of the 2009 MODU Code is mandatory, and that a copy of the MODU Code is to be kept on board and available.
  • Amended provisions relating to the familiarisation and training of personnel on board offshore industry units, crewing determinations and minimum safe crewing documents.

Commencement 

It is intended that these amendments will be made to the current order with effect from 1 July 2020.

Documents

Business Support, Standards

Australian Maritime Safety Authority

GPO Box 2181

Canberra ACT 2601

Consultation—Marine order 27—Safety of navigation and radio equipment

The consultation closed Wednesday 2 October 2019.

Marine order 27 provides information about the following:

  • radio equipment and communications
  • navigation safety measures and equipment
  • danger, urgency and distress signals and messages.

Key changes

The proposed new Marine order 27 (Safety of navigation and radio equipment) will amend the existing marine order to allow other approved operators to provide mobile satellite services within the Global Maritime Distress and Safety System (GMDSS).

Proposed changes include:

  • Replacing references to Inmarsat, where practical, with ‘recognised mobile satellite service’. This change gives effect to IMO resolution MSC.436(99).
  • Schedule 2 will include amending IMO resolutions.
  • Minor corrections to GMDSS frequencies at Schedule 4.

Commencement

It is proposed that this amended order will come into effect on 1 January 2020.

Consultation papers

Consultation—Marine order 21—Safety and emergency arrangements

The consultation closed Tuesday 15 October 2019.  

Marine order 21 provides information about:

  • safety of navigation
  • emergency procedures and
  • atmosphere sampling and measuring.

Key changes

The proposed new Marine order 21 (Safety and emergency arrangements) will amend the existing marine order to introduce a new regulation about damage control drills for passenger ships, and is included within the International Convention for the Safety of Life at Sea.

The key changes for this amendment are:

  • The purpose section of Marine Order 21 will be amended to capture the new SOLAS regulation Chapter II-1/19-1.
  • Including damage control duties in section 23(2)(a).
  • New procedures for the 'Damage control drill for passenger ships' added in Schedule 1.
  • A consequential amendment to Marine Order 12.

The damage control drills for passenger vessels include:

  • any seafarer with damage control duties must report to the seafarer’s muster station and prepare for duties in the muster list
  • any bilge pump must be operated and its alarm and automatic starting system checked
  • any communication link to shore based support must be tested
  • stability assessments must be conducted for the simulated damage conditions by using:
    • damage control information and
    • an on board damage stability computer if fitted and
    • the activated link at least once a year if the vessel has a communication link to shore-based support.

Commencement

It is proposed that this amended order will come into effect on 1 January 2020.

Consultation papers

Consultation—electrical safety on vessels

Have your say on the National Standard for Commercial Vessels (NSCV) Part C5B—Design and Construction—Engineering—Electrical. This provides standards for the design, construction, installation, and repair of electrical installations for vessels. It must be read in conjunction with NSCV Part B—General Requirements.

This consultation may be of interest to designers, surveyors, constructors, repairers and operators of vessels with electrical installations, except:

  • special vessels as defined in Part F of the NSCV must comply with Part F and are not required to comply with this Subsection unless Part F specifies otherwise
  • non-survey vessels as defined in Part G of the NSCV must comply with Part G and are not required to comply with this Subsection unless Part G specifies otherwise.

Consultation papers

Consultation—draft Marine Order 58 (Safe management of vessels) reissued Order 2020

This order applies to regulated Australian vessels, foreign vessels and to a Government vessel, if it is used for a commercial purpose. 

Background

Marine order 58 deals with safe management and operation of vessels and pollution prevention, it gives effect to SOLAS chapter IX, which requires compliance with the ISM Code.

The review of Marine order 58 considers the delegation of the responsibility of auditing and issuing the following certificates to Recognised Organisation (ROs):

  • Safety Management Certificate (SMC)
  • Document of Compliance Certificate (DoC)
  • Interim Document of Compliance Certificate (IDoC) 

In addition, a new division for foreign vessels has been created. This will provide clarity on what applies to regulated Australian vessels and what applies to foreign vessels.

Key changes

  • The definition of SMC, DoC and IDoC were added in Section 4: definitions.
  • Division 2: foreign vessels was amended to specify the requirements of SMC, DoC and IDoC for foreign vessels.
  • Reference of ‘AMSA’ in the issuing, applying and renewal criteria was changed to ‘Issuing body’ other than section 7(1) and 7(2), which deals with exemptions.
  • The conditions and renewal criterions are more clearly managed according to ISM code and ISM guidelines in Division 3 and Division 4.

Commencement

It is intended that this revised Marine order 58 will come into effect on 1 July 2020.

Consultation papers

Consultation—Draft Marine Order 44—(Safe containers) 2019

Marine Order 44 (Safe containers) 2019 applies to and in relation to containers and offshore containers used in international, inter-State sea transport or intra-State sea transport, but does not apply to a container that remains for the entire voyage on road or rail vehicle.

Key changes

Marine Order 44 deals with structural safety, testing, approval, inspection, control and verification requirements for freight container used internationally and gives effect to the Container Convention. This Marine Order will also address AMSA’s policy on offshore containers and will give effect to the requirements of MSC/Circ.860 Guideline for the approval of offshore containers handled in open seas.

The key changes are:

  1. Amend the Marine Order to capture amendments to the Convention by resolution MSC.355 (92).
  2. Reissue the Marine Order under the Navigation Act of 2012 in the modern drafting style and replace schedule 24 of Marine Order 4 (Transitional Modifications) 2013.
  3. Amend the Marine Order to capture offshore containers.

Commencement

It is intended that these amendments are made to the current Order with effect from 1 May 2019.

Consultation papers 

Consultation—draft Marine Order 31 (SOLAS and vessel safety certification) 2019

Consultation on marine order 31 is closed.

Marine order 31 provides the requirements for survey, certification and maintenance of certification of vessels. The order gives effect to chapters I and VIII of SOLAS and applies to regulated Australian vessels, government vessels and foreign vessels.

Key changes

The new order will replace Marine Order 31 (Vessel surveys and certification) 2015 and Marine Order 62 (Government vessels) 2003.

The main changes are:

  • Combine marine orders 31 and 62 into one new instrument and the repeal of marine order 62.
  • Provide the option for an approved management plan instead of a full survey and certification for vessels under 10 metres in length.
  • Provide various options for dry-dock and in-water inspections, including the interval between consecutive dry-docking.
  • Apply HSSC Guidelines to survey and inspection of non-SOLAS certification.
  • Allow a 5 year duration of non-SOLAS certificate for vessels with dual certification as a passenger and cargo vessel.

It is intended that the new marine order will commence on 1 October 2019.

Consultation papers