AMSA MO 2019/4: Marine Order 47 (Offshore Industry Units) 2019

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AMSA MO 2019/4

Marine Order 47 (Offshore industry units) 2019


I, Brad Groves, Acting Chief Executive Officer of the Australian Maritime Safety
Authority, make this Marine Order under subsection 342(1) of the Navigation Act 2012.

4 October 2019

Brad Groves
Acting Chief Executive Officer

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Contents

Page
Division 1 Preliminary ............................................................................................................ 3
1 Name of Marine Order ............................................................................................. 3
1A Commencement ....................................................................................................... 3
1B Repeal of Marine Orders .......................................................................................... 3
2 Purpose ..................................................................................................................... 3
3 Power ........................................................................................................................ 3
4 Definitions................................................................................................................. 4
5 Interpretation ........................................................................................................... 6
6 Application ................................................................................................................ 6
7 Equivalents................................................................................................................ 6
Division 2 Certificates issued under the Navigation Act ................................................... 7
Subdivision 2.1 Various matters about certificates ......................................................... 7
8 Certificates required ................................................................................................. 7
9 Applying for certificates............................................................................................ 8
Subdivision 2.2 MODU safety certificates ......................................................................... 8
10 Criteria for the issue of MODU safety certificates.................................................... 8
11 Conditions of MODU safety certificates ................................................................... 8
12 Endorsements of MODU safety certificates ............................................................. 9
13 Duration of MODU safety certificates ...................................................................... 9
14 Variation of MODU safety certificates ...................................................................... 9
Subdivision 2.3 SOLAS certificates ................................................................................... 9
15 Criteria for issue of SOLAS certificates ..................................................................... 9
16 Conditions of SOLAS certificates............................................................................. 10
17 Endorsements of SOLAS certificates....................................................................... 10
18 Duration of SOLAS certificates ................................................................................ 10
19 Criteria for variation of SOLAS certificates ............................................................. 10
20 Criteria for revocation of SOLAS certificates .......................................................... 10
Subdivision 2.4 Non-SOLAS certificates ......................................................................... 11
21 Criteria for non-SOLAS certificates ......................................................................... 11
22 Conditions of non-SOLAS certificates ..................................................................... 11
23 Endorsements of non-SOLAS certificates ............................................................... 11
24 Duration of non-SOLAS certificates ........................................................................ 11
25 Criteria for variation of non-SOLAS certificates...................................................... 12
26 Criteria for revocation of non-SOLAS certificates................................................... 13
Division 3 Requirements for foreign vessels .................................................................... 14
27 Foreign vessels ........................................................................................................ 14
Division 4 Notification and reporting matters ................................................................... 14
28 Notification of planned tows .................................................................................. 14
29 Notification of alterations, major renewal or repair on vessel .............................. 15
30 Reporting of defects on a regulated Australian vessel ........................................... 15
Division 5 Approval matters ................................................................................................ 15
31 Approval of in-water inspections............................................................................ 15
Schedule 1 SOLAS certificates — criteria for issue and conditions ................................ 17
Schedule 2 Non-SOLAS certificates — criteria for issue and conditions ........................ 21

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Preliminary Division 1

Section 3

Division 1 Preliminary
1 Name of Marine Order
This Marine Order is Marine Order 47 (Offshore industry units) 2019.
1A Commencement
This Marine Order commences on 1 November 2019.
1B Repeal of Marine Orders
Marine Order 47 (Mobile offshore drilling units) 2012 and Marine Order 60
(Floating offshore facilities) 2001 are repealed.
2 Purpose
This Marine Order:
(a) prescribes matters in relation to the issue of safety certificates for regulated
Australian vessels that are offshore industry units; and
(b) provides requirements for foreign vessels including certification; and
(c) provides notification requirements for planned tows and other reporting
matters.
Note Other Marine Orders also set out requirements that apply to offshore industry units. For
requirements for oil tankers under the International Code on the Enhanced Programme of
Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 adopted by IMO Resolution
A.1049 (27), as in force from time to time — see Marine Order 18 (Measures to enhance
maritime safety) 2013. For prescribed matters for pollution certificates — see Marine Orders 91,
93, 96 and 97.

3 Power
(1) The following provisions of the Navigation Act provide for this Marine Order to
be made:
(a) section 98 which provides that the regulations may provide for safety
certificates;
(b) section 125 which provides that the regulations may make provision in
relation to musters, drills, checks of machinery and equipment and other
tests;
(c) section 314 which provides that the regulations may provide for matters
relating to certificates;
(d) subsection 339(2) which provides that the regulations may provide for the
matters mentioned in that provision including:
(i) the design and construction of vessels;
(ii) machinery and equipment to be carried on board;
(iii) the operating, maintaining, checking and testing of machinery and
equipment;
(iv) the stability of vessels;
(v) saving of life at sea;
(vi) prevention, detection and extinguishment of fires;
(vii) the maintenance, testing, survey and certification of vessels.

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(2) Subsection 339(1) of the Navigation Act provides for regulations to be made
prescribing matters required or permitted to be prescribed, or that are necessary
or convenient to be prescribed, for carrying out or giving effect to the Act.
(3) Subsection 342(1) of the Navigation Act provides that AMSA may make a
Marine Order about matters that can be provided for by regulation.
4 Definitions
In this Marine Order:
anniversary date, for a certificate, means the day and the month of each year
that corresponds to the date of expiry of the certificate.
certificate of classification, for a vessel, means a certificate issued by a
classification society on completion of surveys or inspections verifying that the
vessel is in compliance with its rules and regulations for the standards of hull,
machinery, boilers, electrical equipment and control systems.
classification society means a non-government organisation that:
(a) establishes and maintains technical standards for the construction and
operation of vessels and offshore structures; and
(b) verifies compliance with its rules and regulations.
Note For further information about classification societies — see the International Association
of Classification Societies’ website at http://www.iacs.org.uk.
Code of Safety for Diving Systems, 1995 means the Code of Safety for Diving
Systems, 1995, adopted by IMO Resolution A.831 (19), as amended from time
to time.
ISM Code means the International Safety Management (ISM) Code that has the
same meaning as in Regulation 1 of Chapter IX of SOLAS.
ISM Guidelines means the Revised Guidelines on the implementation of the
International Safety Management (ISM) Code by Administrations, adopted by
IMO Resolution A.1071(28), as amended from time to time.
MODU (mobile offshore drilling unit) means a vessel capable of engaging in
drilling operations for the exploration for or the exploitation of resources
beneath the seabed (eg liquid or gaseous hydrocarbons, sulphur or salt).
Note This definition is based on the 2009 MODU Code.
MODU safety certificate, for a regulated Australian vessel, means a safety
certificate that is:
(a) issued under section 100 of the Navigation Act; and
(b) in the form of the certificate set out in the MODU Code that applies to the
vessel.
MODU Code means:
(a) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 1979, adopted by IMO Resolution A.414(XI), as amended from time
to time (the 1979 MODU Code); or
(b) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 1989, adopted by IMO Resolution A.649(16), as amended from time
to time (the 1989 MODU Code); or

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(c) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 2009, adopted by IMO Resolution A.1023(26), as amended from
time to time (the 2009 MODU Code).
offshore industry unit means a vessel that:
(a) is for use in any operational activity mentioned in subclause 4(1) or 4(5A) of
Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act
2006; and
(b) does not include a vessel mentioned in subclause 4(6) of that schedule.
Note 1 The definition includes a vessel described in paragraph (a) whether or not the vessel is
located in Commonwealth waters that has the meaning given by the Offshore Petroleum and
Greenhouse Gas Storage Act 2006.
Note 2 An offshore industry unit does not include a thing that is not a vessel such as a structure.
See section 14 of the Navigation Act for the meaning of vessel.
planned tow, for a vessel, means a tow:
(a) by the vessel of another vessel, from a port to another port or on an
overseas voyage, that is planned by the owner of either vessel; and
(b) that is not a tow of another vessel to assist in an emergency involving a
threat to a person’s life or to the environment.
Survey Guidelines under the Harmonised System of Survey and Certification
means the Survey Guidelines under the Harmonised System of Survey and
Certification (HSSC) 2017, adopted by IMO Resolution A. 1120(30), as
amended from time to time.
towing assessment, for a planned tow, means an inspection or survey of:
(a) 1 or both vessels to be involved in the planned tow; or
(b) the proposed arrangements for the tow.
Note 1 Some terms used in this Marine Order are defined in Marine Order 1 (Administration)
2013, including:
 cargo vessel
 length
 passenger vessel
 SOLAS.
Note 2 Other terms used in this Marine Order are defined in the Navigation Act, including:
 foreign vessel
 issuing body
 marine incident
 owner
 recognised organisation (for organisations that have been prescribed for the definition —
see Marine Order 1 (Administration) 2013)
 regulated Australian vessel
 vessel.
Note 3 For delegation of AMSA’s powers under this Marine Order — see the AMSA website
at http://www.amsa.gov.au.

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Section 5

5 Interpretation
(1) In this Marine Order:
(a) a term that is used but is not defined for this Order, and is defined in
SOLAS or the MODU Code has the same meaning as in those instruments;
and
(b) a reference to the MODU Code that applies to the vessel means
(i) for a MODU constructed before 1 May 1991 — the 1979 MODU Code;
and
(ii) for a MODU constructed after 30 April 1991 and before 1 January
2012 — the 1989 MODU Code; and
(iii) for a MODU constructed after 31 December 2011 — the 2009 MODU
Code.
(c) mention of the Survey Guidelines under the Harmonised System of Survey
and Certification is taken to be a reference to the Guidelines as if in force
internationally on a mandatory basis; and
(d) a reference in Schedule 1 or 2 to complies with, in relation to a Marine
Order, means compliance with a requirement of the Order that applies to
the vessel or its equipment to the extent it has not been disapplied by any
exemption or replaced by any approved equivalent.
(2) A reference in SOLAS or the MODU Code to the Administration is taken to
mean:
(a) for a regulated Australian vessel — AMSA; or
(b) for a foreign vessel — the government of the country whose flag the vessel
is entitled to fly.
(3) For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for
Australia is AMSA.
6 Application
This Marine Order applies to an offshore industry unit that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel.
Note This Marine Order does not apply to a vessel when it is a facility within the meaning of
clause 4 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006. See
section 640 of that Act.

7 Equivalents
(1) The owner of a regulated Australian vessel may apply to AMSA for approval of
the use of an equivalent in accordance with Marine Order 1 (Administration)
2013.
(2) AMSA may give approval of the use of the equivalent if satisfied that:
(a) for a vessel that is a MODU — the use would not contravene the MODU
Code that applies to the vessel; and
(b) for any other vessel — the use would not contravene SOLAS; and

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Section 8

(c) the use is at least as effective as compliance with the requirements


mentioned in this Marine Order that it replaces.
Example 1
For MODUs, paragraph 1.6.4 of the 2009 MODU Code provides that an Administration may
approve an alternate survey programme provided that the extent and frequency of the surveys
are equivalent to renewal and intermediate surveys. For more details, see AMSA's website at
https://www.amsa.gov.au.
Example 2
A performance based inspection (PBI) programme may be approved if AMSA is satisfied it is
equivalent to survey arrangements required under this Marine Order. An equivalent survey
arrangement should be developed by the owner of a vessel in conjunction with the vessel's
recognised organisation. The arrangement may use a risk based methodology to outline matters
including survey planning, the inspection cycle, structural condition and predicted modelling,
evaluation reporting, repair and maintenance and appropriate documentation matters. For more
details — see AMSA's website at https://www.amsa.gov.au.
(3) In this section:
equivalent, for a vessel other than a MODU, means an alternative arrangement
for the survey or inspection of the vessel.
use, for a vessel other than a MODU, means implementing or following a
procedure for the implementation of an alternative arrangement for the survey or
inspection of the vessel.
Note 1 For the definitions of equivalent and use that apply in relation to a MODU — see
Marine Order 1 (Administration) 2013.
Note 2 The effect of this provision is that: (a) for a SOLAS certificate — the application for the
approval may only relate to survey arrangements mentioned in Subdivision 2.3 and Schedule 1;
and (b) for a non-SOLAS certificate — the application for the approval may only relate to
survey arrangements mentioned in Subdivision 2.4 and Schedule 2. However, for a MODU
safety certificate, application for the approval is not restricted to survey arrangements and may
also relate to the matters mentioned in the definition of equivalent in section 6 of Marine
Order 1 (Administration) 2013 to the extent those matters are requirements of this Marine Order.
Note 3 For an equivalent mechanism for the survey arrangements required by Marine Order 18
(Measures to enhance maritime safety) 2013 — see section 11 of that Marine Order.
Note 4 AMSA may revoke any approval if AMSA is no longer satisfied that use of the
equivalent is at least as effective as compliance with the requirement in this Marine Order that it
replaces.

Division 2 Certificates issued under the Navigation Act


Subdivision 2.1 Various matters about certificates

8 Certificates required
(1) A regulated Australian vessel must have the following kinds of safety
certificates:
(a) for a vessel that is a MODU — a MODU safety certificate; and
(b) for a vessel required under Regulation 12 of Chapter I of SOLAS to be
issued a certificate— a corresponding certificate specified in Schedule 1;
and
(c) for a vessel not required under Regulation 12 of Chapter I of SOLAS to be
issued a certificate or a cargo vessel <500 GT — a certificate specified in
Schedule 2.

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Division 2 Certificates issued under the Navigation Act

Section 9

(2) A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in


this Marine Order.
(3) A certificate specified in Schedule 2 is also referred to as a non-SOLAS
certificate in this Marine Order.
Note It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to
sea without a safety certificate of a specified kind in force for the vessel.

9 Applying for certificates


(1) For section 99(1) of the Navigation Act, the following certificates are specified
as safety certificates for which a person may apply:
(a) a MODU safety certificate;
(b) each certificate mentioned in Schedule 1;
(c) each certificate mentioned in Schedule 2.
(2) Division 3 of Marine Order 1 (Administration) 2013, other than section 17,
applies to an application to AMSA for a certificate mentioned in subsection (1).
Note 1 An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2 Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules
about the making and determination of various kinds of applications. Section 17 of that Marine
Order provides for internal review of decisions about applications. That section does not apply
to decisions about safety certificates because those decisions are reviewable by the
Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.

Subdivision 2.2 MODU safety certificates

10 Criteria for the issue of MODU safety certificates


For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a
MODU safety certificate are the following:
(a) the vessel is a MODU;
(b) if the vessel has an arrangement with a classification society for survey and
inspection — a valid certificate of classification;
(c) the vessel has completed an initial or renewal survey conducted by an
issuing body in accordance with the MODU Code that applies to the vessel;
(d) the vessel meets the standards, including arrangements, mentioned in the
MODU Code that applies to the vessel.
11 Conditions of MODU safety certificates
For paragraph 100(2)(a) of the Navigation Act, a MODU safety certificate is
subject to the conditions that:
(a) the survey of the vessel, and inspection of the outside of the bottom of the
vessel, is conducted by an issuing body in accordance with the MODU
Code that applies to the vessel; and
(b) the certificate is endorsed following the completion of the annual survey,
intermediate survey or inspection of the outside of the bottom of the vessel;
and
(c) the vessel and its equipment are maintained in accordance with the MODU
Code that applies to the vessel; and

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(d) the vessel complies with Chapter 14 of the 2009 MODU Code whether or
not that Code applies to the vessel; and
(e) after any survey required by this Marine Order has been completed, any
change to the structure, equipment, fittings, arrangements or material
covered by the survey, other than the direct replacement of equipment or
fittings, is approved by the issuing body.
Note An issuing body may impose other conditions on a safety certificate — see
paragraph 100(2)(b) of the Navigation Act.

12 Endorsements of MODU safety certificates


An issuing body may make an endorsement to a MODU safety certificate
following the completion of any survey, or inspection of the outside of the
vessel's bottom.
Note It is practice for an issuing body endorsing a certificate to be the same as the issuing body
that originally issued the certificate.

13 Duration of MODU safety certificates


(1) A MODU safety certificate comes into force in accordance with the MODU
Code that applies to the vessel.
(2) A MODU safety certificate remains in force for 5 years unless:
(a) a shorter period is specified in the certificate; or
(b) the certificate ceases to be in force in accordance with the MODU Code
that applies to the vessel.
14 Variation of MODU safety certificates
For section 101 of the Navigation Act, the criteria for variation of a MODU
safety certificate are:
(a) the conditions on the certificate have been complied with; and
(b) the variation is in accordance with the MODU Code that applies to the
vessel.
Note A variation may appear in the form of an endorsement on a certificate.

Subdivision 2.3 SOLAS certificates

15 Criteria for issue of SOLAS certificates


For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a
SOLAS certificate are:
(a) for a certificate of a kind specified in Schedule 1 — those mentioned for the
certificate in that schedule; and
(b) if the vessel has an arrangement with a classification society for survey and
inspection — a valid certificate of classification; and
(c) if the vessel has fitted a fixed diving system constructed after 23 November
1995 — the vessel has a diving safety certificate issued by a recognised
organisation in accordance with the Code of Safety for Diving Systems,
1995.

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Section 16

16 Conditions of SOLAS certificates


For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to
the conditions mentioned in Schedule 1 for the kind of certificate specified in
that schedule.
Note An issuing body may impose other conditions on a safety certificate — see
paragraph 100(2)(b) of the Navigation Act.

17 Endorsements of SOLAS certificates


An issuing body may make an endorsement to a SOLAS certificate following
the completion of any survey, or inspection of the outside of the bottom of the
vessel.
Note 1 It is practice for an issuing body endorsing a certificate to be the same as the issuing
body that originally issued the certificate.
Note 2 See the following regulations of Chapter I of SOLAS for information about required
endorsements — Regulation 8(c) for endorsement of Cargo Ship Safety Certificates,
Regulation 9(c) for endorsement of Cargo Ship Safety Radio Certificates, and Regulation 10(c)
for endorsement of Cargo Ship Safety Construction Certificates.

18 Duration of SOLAS certificates


(1) A SOLAS certificate comes into force in accordance with Regulation 14 of
Chapter I of SOLAS.
(2) A SOLAS certificate remains in force for the period mentioned in the following
table for the kind of certificate mentioned unless:
(a) a shorter period is specified in the certificate; or
(b) the certificate ceases to be in force in accordance with Regulation 14 of
Chapter I of SOLAS.
Kind of certificate Maximum duration period
(SOLAS)
Passenger Ship Safety Certificate 1 year
Cargo Ship Safety Construction Certificate 5 years
Cargo Ship Safety Equipment Certificate 5 years
Cargo Ship Safety Radio Certificate 5 years
Cargo Ship Safety Certificate 5 years

19 Criteria for variation of SOLAS certificates


For subsection 101(1) of the Navigation Act, the criteria for variation of a
SOLAS certificate are that:
(a) the conditions on the certificate issued for the vessel have been complied
with; and
(b) the variation is in accordance with Regulation 14 of Chapter I of SOLAS.
Note A variation may appear in the form of an endorsement on a certificate.

20 Criteria for revocation of SOLAS certificates


For section 102 of the Navigation Act, the criteria for revocation of a SOLAS
certificate are that:
(a) a condition of the certificate has been, or is likely to be, breached; or

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(b) the owner of the vessel for which the certificate is issued has requested the
revocation; or
(c) the certificate contains incorrect information.

Subdivision 2.4 Non-SOLAS certificates


21 Criteria for non-SOLAS certificates
For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a
non-SOLAS certificate are:
(a) those mentioned for the certificate specified in Schedule 2; and
(b) for a cargo vessel >300 GT — it has a Cargo Ship Safety Radio Certificate;
and
(c) if the vessel has an arrangement with a classification society for survey and
inspection — the vessel has a valid certificate of classification; and
(d) if the vessel has fitted a fixed diving system constructed after 23 November
1995 — the vessel has a diving safety certificate issued by a recognised
organisation in accordance with the Code of Safety for Diving Systems,
1995.
22 Conditions of non-SOLAS certificates
For paragraph 100(2)(a) of the Navigation Act, a non-SOLAS certificate is
subject to:
(a) the conditions mentioned for the certificate specified in Schedule 2; and
(b) the requirement for the certificate to be endorsed following the completion
of the annual survey, intermediate survey or inspection of the outside of the
bottom of the vessel.
Note An issuing body may impose other conditions on a safety certificate — see
paragraph 100(2)(b) of the Navigation Act.

23 Endorsements of non-SOLAS certificates


The issuing body may endorse a non-SOLAS certificate following the
completion of the annual survey, intermediate survey or inspection of the
outside of the bottom of a vessel.
Note It is practice for an issuing body endorsing a certificate to be the same as the issuing body
that originally issued the certificate.

24 Duration of non-SOLAS certificates


(1) A certificate comes into force on the day specified in the certificate, and if no
day is so specified, on the day which it is issued.
(2) However, for a vessel that has an existing non-SOLAS certificate that has not
expired, the new certificate comes into force on completion of the renewal
survey.
(3) A non-SOLAS certificate remains in force for the period specified in the
following table for the kind of certificate mentioned unless a shorter period is
specified in the certificate.

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Section 25

Kind of certificate Maximum duration period


(non-SOLAS)
Certificate of Survey for a Passenger Vessel 1 year from day of issue
Certificate of Survey for a Cargo Vessel* 5 years from day of issue
*The certificate may be issued in parts corresponding to the areas that would be covered by
SOLAS certification, ie, Safety Construction, Safety Equipment and Safety Radio.
(4) A non-SOLAS certificate ceases to be in force if:
(a) the vessel ceases to be registered in Australia; or
(b) any survey or inspection is not completed within the periods specified in
accordance with this Marine Order; or
(c) the certificate is not endorsed in accordance with this Marine Order; or
(d) the certificate is replaced by re-issue.
25 Criteria for variation of non-SOLAS certificates
(1) For subsection 101(1) of the Navigation Act, the criteria for variation of a non-
SOLAS certificate are:
(a) the conditions on the certificate issued for the vessel have been complied
with; and
(b) if the variation is for the harmonisation of survey frequency for a vessel that
has both a Certificate of Survey for a Passenger Vessel and Certificate of
Survey for a Cargo Vessel:
(i) the operational area stated on the Certificate of Survey for a Passenger
Vessel is more restricted than the operational area stated on the
Certificate of Survey for a Cargo Vessel; and
(ii) AMSA is satisfied that the replacement survey frequency is at least as
effective as the survey frequency required under this Marine Order for
a Certificate of Survey for a Passenger Vessel; and
(c) if the variation is an extension of the expiry date of the certificate — the
vessel is of a kind mentioned in the table in subsection (2).
Note A variation may also appear in the form of an endorsement on a certificate.
(2) For a variation that is an extension of the expiry date of the certificate — AMSA
may extend the certificate for the period and subject to the conditions specified
in the following table.
Item Kind of vessel Period Conditions
1 A vessel that is not in (a) A passenger (a) The vessel must
the port where it is to be vessel that is not self travel only to the
surveyed when the propelled and is port where it is to be
certificate expires engaged on short surveyed
international (b) The vessel must not
voyages — up to leave the port where
1 month from certificate it is surveyed
expiry without a new
(b) Other vessels — certificate of the
3 months from same kind
certificate expiry

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Item Kind of vessel Period Conditions


2 A cargo or passenger Up to 5 months from The existing certificate
vessel that has certificate expiry must be endorsed by the
completed a renewal issuing body
survey but the new
certificate cannot be
issued or placed on
board the vessel before
expiry date of the
existing certificate
3 A passenger vessel with Up to 5 years from Surveys and inspections
certificate issued for a certificate are completed in
period less than 5 years commencement accordance with this
Marine Order as if the
vessel were a cargo
vessel
4 A cargo vessel with a Up to 5 years from Surveys and inspections
certificate issued for a certificate are completed in
period less than 5 years commencement accordance with this
Marine Order
Note For the meaning of short international voyage — see Regulation 3 of Chapter III of
SOLAS.
(3) If an annual, intermediate or periodical survey of a vessel is completed before
the period required by this Marine Order:
(a) the anniversary date shown on the certificate may be amended by
endorsement to a date that must not be more than 3 months later than the
date when the survey was completed; and
(b) the subsequent annual, intermediate or periodic survey required by this
Marine Order must be completed using the new anniversary date; and
(c) the expiry date shown on the certificate may remain unchanged if at least 1
annual, intermediate or periodical survey is completed so that the maximum
intervals between the surveys mentioned in this Marine Order are not
exceeded.
26 Criteria for revocation of non-SOLAS certificates
For section 102 of the Navigation Act, the criteria for revocation of a non-
SOLAS certificate are that:
(a) a condition of the certificate has been, or is likely to be, breached; or
(b) the owner of the vessel for which the certificate is issued has requested the
revocation; or
(c) the certificate contains incorrect information.

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Section 27

Division 3 Requirements for foreign vessels


27 Foreign vessels
(1) A foreign vessel must:
(a) have any certificate that is required by Regulation 12 of Chapter I of
SOLAS; and
(b) comply with SOLAS to the extent that it is required to do so by the
Administration of the country in which the vessel is registered.
(2) However, a foreign vessel that is not required to be issued a certificate in
accordance with Regulation 12 of Chapter I of SOLAS must:
(a) have at least 1 certificate, or other documentary evidence issued by or on
behalf of the country in which it is registered, that:
(i) attests to the vessel’s seaworthiness; and
(ii) includes details of the vessel’s areas of operation, equipment and
manning requirements; and
(b) comply with the requirements of the Administration of the country in which
it is registered.
Note It is an offence under sections 106 and 107 of the Navigation Act if a foreign vessel is
taken to sea without a certificate of a specified kind in force for the vessel.

Division 4 Notification and reporting matters


28 Notification of planned tows
(1) The owner or master of a vessel that is to tow in a planned tow must ensure that
AMSA is notified of the planned tow at least 7 days before the tow commences.
Note 1 For the definition of planned tow — see section 4.
Note 2 For a planned tow, notification might be made by the registered agent, the operator of
the towing vessel, or the P&I insurer.
Note 3 For guidance about planning safe tows — see IMO Circular MSC.1/Circ.884 Guidelines
for safe ocean towing.
Note 4 For ways of contacting AMSA — see AMSA’s website at http://www.amsa.gov.au.
(2) The owner or master of a vessel that is to tow in a planned tow must:
(a) implement arrangements for a safe towage operation including:
(i) completion of satisfactory stability assessment; and
(ii) adequate towing equipment; and
(iii) appropriate manning; and
(iv) crew familiarization with responsibilities and duties; and
(v) safe transfer of personnel to and from tow, if applicable; and
(vi) weather forecasting and assessment of environmental conditions; and
(vii) emergency and contingency planning; and
(viii) adequate cargo securing, if applicable; and
(b) provide any information that AMSA requests in relation to the planned tow.
Note 1 Examples of information are:
1. Vessel stability information
2. A towing survey report

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Approval matters Division 5

Section 31

3. Seafarer certificates of competency and experience in undertaking a tow


4. Vessel certificates.
Note 2 An inspector may issue a prohibition notice about the conduct of the planned tow if the
inspector believes on reasonable grounds that it would involve a serious risk to the health or
safety of a person — see section 267 of the Navigation Act. An inspector may also issue
directions if the inspector believes a person is not complying with requirements — see
section 264 of the Act.
(3) AMSA may conduct, or arrange for the conduct of, a towing assessment for the
planned tow.
Note For the definition of towing assessment — see section 4.

29 Notification of alterations, major renewal or repair on vessel


(1) For paragraph 105(1)(c) of the Navigation Act, the period within which AMSA
and each issuing body must be informed of an alteration to a regulated
Australian vessel is within 7 days of making the alteration.
Note 1 Section 105 of the Navigation Act provides an obligation to notify AMSA and each
issuing body of alterations that affect the safety certificates that a regulated Australian vessel is
required to have.
Note 2 For ways of contacting AMSA — see AMSA’s website at http://www.amsa.gov.au.
(2) The owner or master of a regulated Australian vessel must also inform AMSA
and the issuing body of the details of any major renewal or major repair on the
vessel within 7 days of completion of the renewal or repair.
Note Sections 185 and 186 of the Navigation Act also impose an obligation on an owner and
master for the reporting of marine incidents to AMSA. Section 23A of Marine Order 1
(Administration) 2013 prescribes matters in relation to reports for sections 185 and 186.

30 Reporting of defects on a regulated Australian vessel


(1) If a defect is discovered on a regulated Australian vessel, the defect must be
reported:
(a) at the earliest opportunity to AMSA; and
(b) for a MODU — immediately to the appropriate authority of the coastal
state in whose jurisdiction the vessel is located; and
(c) if the vessel is in port of another SOLAS Contracting Government —
immediately to the appropriate authority of the SOLAS Contracting
Government.
(2) In subsection (1):
defect has the meaning given by Regulation 11(c) of Chapter I of SOLAS.
Note 1 An approved form for the reporting of defects to AMSA is available on AMSA’s
website at http://www.amsa.gov.au/forms.
Note 2 Under section 185 of the Navigation Act, the owner of a vessel must also report any
marine incident to AMSA. Under section 186 of the Navigation Act, the master of a vessel must
report marine incidents to AMSA if not reported by the owner. Section 23A of Marine Order 1
(Administration) 2013 prescribes matters in relation to reports for sections 185 and 186.

Division 5 Approval matters


31 Approval of in-water inspections
(1) The owner of a vessel may apply to AMSA for approval of an in-water
inspection to replace any of the dry-dock inspections required under this Marine
Order.

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Note 1 An application should be developed by the owner of a vessel in conjunction with the
vessel's issuing body.
Note 2 For a SOLAS certificate, the effect of Regulations 7 and 10 of Chapter I of SOLAS and
the Survey Guidelines under the Harmonised System of Survey and Certification is that a vessel
is required to have 2 dry-dock inspections in the applicable validity period of its SOLAS
certificate or International Load Lines Certificate.
Note 3 For a non-SOLAS certificate, the dry-dock inspection requirements are mentioned in the
Survey Guidelines under the Harmonised System of Survey and Certification.
(2) The application for approval must be made in accordance with Marine Order 1
(Administration) 2013.
Note Marine Order 1 (Administration) 2013 requires a supporting statement setting out the
grounds of the application. It also provides that if a fee is charged the application must be
accompanied by the prescribed fee and, if a form is approved for the application, the approved
form must be used.
(3) AMSA may approve inspection of the outside of the bottom of the vessel to be
conducted in-water, in lieu of a dry-dock inspection, if AMSA is satisfied that
the in-water inspection is at least as effective as a dry-dock inspection.
Note For passenger vessels, AMSA may take into account Guidelines for the assessment of
technical provisions for the performance of an in-water survey in lieu of bottom inspection in
dry-dock to permit one dry-dock examination in any five-year period for passenger ships other
than ro-ro passenger ships (MSC.1/Circ.1348).
(4) An approval is subject to conditions imposed by AMSA.
Note Failure to meet any condition imposed on an approval of an in-water survey will result in
an obligation for the owner or master to comply with dry-dock requirements required under this
Marine Order.

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SOLAS certificates — criteria for issue and conditions Schedule 1

Schedule 1 SOLAS certificates — criteria for issue and


conditions
(sections 5, 8, 9, 15, 16 and 21)

1.1 Passenger Ship Safety Certificate


Criteria Conditions
The vessel: (1) The vessel and its equipment and
(a) has been surveyed in appliances are maintained to
accordance with Regulation 7 of comply with the Marine Orders
Chapter I of SOLAS and Survey specified in column 1.
Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 7 of
and Certification; and Chapter I of SOLAS is completed
(b) complies with the following in accordance with that regulation
Marine Orders: and the Survey Guidelines under
the Harmonised System of Survey
(i) Marine Order 12
and Certification.
(Construction — subdivision and
stability, machinery and (3) After any survey mentioned in
electrical installations) 2016; Regulation 7 of Chapter I of
SOLAS has been completed, any
(ii) Marine Order 15
proposed change to the structure,
(Construction — fire protection,
equipment, systems, fittings,
fire detection and fire extinction)
arrangements or material covered
2014;
by the survey, other than the direct
(iii) Marine Order 21 (Safety and replacement of equipment or
emergency arrangements) 2016; fittings, is approved AMSA.
(iv) Marine Order 25 (Equipment
— lifesaving) 2014;
(v) Marine Order 27 (Safety of
navigation and radio equipment)
2016;
(vi) Marine Order 30 (Prevention
of collisions) 2016.

1.2 Cargo Ship Safety Construction Certificate


Criteria Conditions
The vessel: (1) The vessel and its equipment and
(a) has been surveyed in accordance appliances are maintained to
with Regulation 10 of Chapter I comply with the Marine Orders
of SOLAS and Survey specified in column 1.
Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 10 of
and Certification; and Chapter I of SOLAS is
(b) complies with following Marine completed in accordance with
Orders:

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Criteria Conditions
(i) Marine Order 12 that regulation and Survey
(Construction — subdivision and Guidelines under the
stability, machinery and Harmonised System of Survey
electrical installations) 2016; and Certification.
(ii) Marine Order 15 (3) Any endorsement required to be
(Construction — fire protection, made to the certificate under
fire detection and fire extinction) Regulation 10 or 14 of Chapter I
2014. of SOLAS are made.
(4) After any survey mentioned in
Regulation 10 of Chapter I of
SOLAS has been completed, any
change to the structure,
equipment, systems, fittings,
arrangements or material covered
by the survey, other than the
direct replacement of equipment
or fittings, is approved by
AMSA.
1.3 Cargo Ship Safety Equipment Certificate
Criteria Conditions
The vessel: (1) The vessel and its equipment
(a) has been surveyed in and appliances are maintained
accordance with Regulation 8 to comply with the Marine
of Chapter I of SOLAS and Orders specified in column 1.
Survey Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 8 of
and Certification; and Chapter I of SOLAS is
(b) complies with the following completed in accordance with
Marine Orders: that regulation and Survey
Guidelines under the
(i) Marine Order 12
Harmonised System of Survey
(Construction — subdivision
and Certification.
and stability, machinery and
electrical installations) 2016; (3) Any endorsement required to be
made to the certificate under
(ii) Marine Order 15
Regulation 8 or 14 of Chapter I
(Construction — fire protection,
of SOLAS is made.
fire detection and fire
extinction) 2014; (4) After any survey mentioned in
Regulation 8 of Chapter I of
(iii) Marine Order 21 (Safety and
SOLAS has been completed,
emergency arrangements) 2016;
any change to the structure,
(iv) Marine Order 25 (Equipment equipment, systems, fittings,
— lifesaving) 2014; arrangements or material
(v) Marine Order 30 (Prevention covered by the survey, other
of collisions) 2016. than the direct replacement of
equipment or fittings, is

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SOLAS certificates — criteria for issue and conditions Schedule 1

Criteria Conditions
approved by AMSA.

1.4 Cargo Ship Safety Radio Certificate


Criteria Conditions
The vessel: (1) The vessel and its equipment and
(a) has been surveyed in accordance appliances are maintained to
with Regulation 9 of Chapter I comply with the Marine Order
of SOLAS and Survey specified in column 1.
Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 9 is
and Certification; and completed in accordance with
(b) complies with Marine Order 27 that regulation and Survey
(Safety of navigation and radio Guidelines under the
equipment) 2016. Harmonised System of Survey
and Certification.
(3) Any endorsement required to be
made to the certificate under
Regulation 9 or 14 of Chapter I
of SOLAS are made.
(4) After any survey mentioned in
Regulation 9 of Chapter I of
SOLAS has been completed, any
change to the structure,
equipment, systems, fittings,
arrangements or material covered
by the survey, other than the
direct replacement of equipment
or fittings, is approved by
AMSA.

1.5 Cargo Ship Safety Certificate


Criteria Conditions
The vessel: (1) The vessel and its equipment
(a) has been surveyed in and appliances are maintained
accordance with Regulations 8, to comply with the Marine
9 and 10 of Chapter I and Orders specified in column 1.
Survey Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 8, 9 or
and Certification; and 10 of Chapter I of SOLAS is
(b) complies with the following completed in accordance with
Marine Orders: that regulation and Survey
Guidelines under the
(i) Marine Order 12
Harmonised System of Survey
(Construction — subdivision
and Certification.
and stability, machinery and
(3) Any endorsement required to be

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Schedule 1 SOLAS certificates — criteria for issue and conditions

electrical installations) 2016; made to the certificate under


(ii) Marine Order 15 Regulations 8, 9, 10 and 14 of
(Construction — fire protection, Chapter I of SOLAS is made.
fire detection and fire (4) After any survey mentioned in
extinction) 2014; Regulations 8, 9 and 10 of
(iii) Marine Order 21 (Safety and Chapter I of SOLAS has been
emergency arrangements) 2016; completed, any change to the
structure, equipment, systems,
(iv) Marine Order 25 (Equipment
fittings, arrangements or
— lifesaving) 2014;
material covered by the survey,
(v) Marine Order 27 (Safety of other than the direct
navigation and radio replacement of equipment or
equipment) 2016; fittings, is approved by AMSA.
(vi) Marine Order 30 (Prevention
of collisions) 2016.

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Non-SOLAS certificates — criteria for issue and conditions Schedule 2

Schedule 2 Non-SOLAS certificates — criteria for issue and


conditions
(sections 5, 8, 9, 21 and 22)

2.1 Certificate of Survey for a Passenger Vessel


Criteria Conditions
The vessel: (1) The vessel and its equipment and
(a) has completed an initial survey or appliances are maintained to
renewal survey mentioned in the comply with the Marine Orders
Survey Guidelines under the specified in column 1.
Harmonised System of Survey (2) Completes each survey or
and Certification, as if surveyed inspection mentioned in the
for a Passenger Ship Safety Survey Guidelines under the
Certificate; and Harmonised System of Survey
(b) complies with the following and Certification, as if surveyed
Marine Orders: for a Passenger Ship Safety
Certificate.
(i) Marine Order 12
(Construction — subdivision (3) Any endorsement required to be
and stability, machinery and made to the certificate under this
electrical installations) 2016; Marine Order is made.
(ii) Marine Order 15 (4) After any survey required by this
(Construction — fire protection, Marine Order has been
fire detection and fire completed, any proposed change
extinction) 2014; to the structure, equipment,
systems, fittings, arrangements or
(iii) Marine Order 21 (Safety and
material covered by the survey,
emergency arrangements) 2016;
other than the direct replacement
(iv) Marine Order 25 (Equipment of equipment or fittings, is
— lifesaving) 2014; approved by AMSA.
(v) Marine Order 27 (Safety of
navigation and radio
equipment) 2016;
(vi) Marine Order 30 (Prevention
of collisions) 2016;
(vii) Marine Order 58 (Safe
management of vessels) 2015 as
if it were a vessel to which
Chapter IX of SOLAS applies.

2.2 Certificate of Survey for a Cargo Vessel


Criteria Conditions
The vessel has: (1) The vessel and its equipment and
(a) has completed an initial or appliances are maintained to
renewal survey mentioned in the comply with the Marine Orders

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Schedule 2 Non-SOLAS certificates — criteria for issue and conditions

Criteria Conditions
Survey Guidelines under the specified in column 1.
Harmonised System of Survey (2) Completes each survey or
and Certification as if surveyed inspection mentioned in the
for a Cargo Ship Safety Survey Guidelines under the
Certificate; and Harmonised System of Survey and
(b) complies with the following Certification, as if surveyed for a
Marine Orders: Cargo Ship Safety Certificate.
(i) Marine Order 12 (3) Any endorsement required to be
(Construction — subdivision made to the certificate under this
and stability, machinery and Marine Order is made.
electrical installations) 2016; (4) After any survey required by this
(ii) Marine Order 15 Marine Order has been
(Construction — fire protection, completed, any change to the
fire detection and fire structure, equipment, systems,
extinction) 2014; fittings, arrangements or material
(iii) Marine Order 21 (Safety and covered by the survey, other than
emergency arrangements) the direct replacement of
2016; equipment or fittings, must be
approved by AMSA.
(iv) Marine Order 25 (Equipment
— lifesaving) 2014; (5) There is in place for the vessel a
safety management system that is
(v) Marine Order 27 (Safety of
applied on the vessel in
navigation and radio
accordance with the ISM Code
equipment) 2016;
and the ISM Guidelines.
(vi) Marine Order 30 (Prevention Note The safety management system
of collisions) 2016. may include the towing arrangement
The owner of the vessel who has for any towed barge >10 m in length
agreed to take over all the duties and if the barge:
responsibilities imposed by the ISM (a) is not self-propelled; and
Code (in the ISM Code called the (b) has no crew or passengers; and
Company) has given the issuing (c) does not carry oil or noxious
body a written declaration that there substances; and
is in place for the vessel a safety (d) does not produce oil residues; and
management system that complies (e) has no arrangement for sewage.
with Part A of the ISM Code, as if it
were a vessel to which Chapter IX of
SOLAS applies.

Note
1. All legislative instruments and compilations of legislative instruments are
registered on the Federal Register of Legislation under the Legislation Act 2003. See
https://www.legislation.gov.au.

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