Marine Order 49 (High-speed craft) 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00124

AMSA MO 2015/2
Marine Order 49 (High-speed craft) 2015
I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
29 January 2015
Michael Kinley
Chief Executive Officer
 
 
Division 1               Preliminary....................................................................................... 3
1               Name of Order............................................................................................... 3
1A            Commencement............................................................................................. 3
1B            Repeal of Marine Order 49 (High-speed craft) 2009............................................ 3
2               Purpose......................................................................................................... 3
3               Power............................................................................................................ 3
4               Definitions..................................................................................................... 3
5               Interpretation.................................................................................................. 4
6               Application.................................................................................................... 5
7               Exemptions................................................................................................... 5
8               Equivalents.................................................................................................... 5
9               Review of decisions....................................................................................... 6
Division 2               Certificates issued under the Navigation Act......................... 6
Subdivision 2.1     Various matters about certificates...................................................... 6
10             Certificates required....................................................................................... 6
11             Applying for certificates................................................................................. 6
12             Commencement and duration of certificates.................................................... 6
13             Variation of certificates................................................................................... 6
Subdivision 2.2     HSC Safety Certificate........................................................................ 7
14             Criteria for issue of a HSC Safety Certificate................................................... 7
15             Conditions on a HSC Safety Certificate........................................................... 7
16             Endorsements on a HSC Safety Certificate...................................................... 8
17             Criteria for the revocation of a HSC Safety Certificate...................................... 8
Subdivision 2.3     DSC Construction and Equipment Certificate..................................... 8
18             Criteria for issue of a DSC Construction and Equipment Certificate................... 8
19             Conditions on a DSC Construction and Equipment Certificate.......................... 8
20             Criteria for the revocation of a DSC Construction and Equipment Certificate..... 9
Division 3               Permit to operate high-speed craft............................................ 9
21             Permit to operate required.............................................................................. 9
22             Application for permit to operate..................................................................... 9
23             Issue of permit to operate............................................................................... 9
24             Conditions on permit to operate.................................................................... 10
25             Duration of permit to operate........................................................................ 10
26             Variation of permit to operate........................................................................ 10
27             Revocation of permit to operate.................................................................... 10
Division 4               Requirements for foreign vessels........................................... 11
28             Certificates required for foreign vessels......................................................... 11
29             Permits required for foreign vessels.............................................................. 11
30             Requirements for foreign vessels.................................................................. 11
Division 5               Reporting requirements............................................................. 11
31             Marine incident............................................................................................. 11
Division 6               Other matters................................................................................ 12
32             Operation of vessel...................................................................................... 12
33             Information to be made available................................................................... 12
34             Notifying alterations...................................................................................... 12
 
Division 1     Preliminary
1          Name of Order
                 This Order is Marine Order 49 (High-speed craft) 2015.
1A       Commencement
                 This Order commences on 16 February 2015.
1B       Repeal of Marine Order 49 (High-speed craft) 2009
                 Marine Order 49 (High-speed craft) 2009 is repealed.
2          Purpose
                 This Order:
(a)   deals with the certification of high-speed craft as evidence of survey; and
(b)   gives effect to:
             (i)  the 2000 HSC Code and the 1994 HSC Code under Chapter X of SOLAS; and
            (ii)  the DSC Code.
3          Power
        (1)     The following provisions of the Navigation Act provide for this Order to be made:
(a)   section 98 which provides that the regulations may provide for safety certificates including giving effect to SOLAS;
(b)   section 314 which provides for particular matters relating to certificates;
(c)   paragraph 339(2) which provides that the regulations may provide for matters including the design and construction of vessels, the machinery and equipment to be carried on board vessels and the maintenance, testing, survey and certification of vessels;
(d)   paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS;
(e)   subsection 341(1) which provides for the imposition of penalties for a contravention of a provision of the regulations.
        (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 Navigation Act.
        (3)     Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about anything that may or must be made by the regulations.
4          Definitions
                 In this Order:
1994 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.36(63), as in force from time to time.
2000 HSC Code means the International Code of Safety for High-Speed Craft adopted by IMO Resolution MSC.97(73), as in force from time to time.
DSC Code means the Code of Safety for Dynamically Supported Craft adopted by IMO Resolution A.373(X), as in force from time to time.
DSC Construction and Equipment Certificate means a certificate that is:
(a)   a safety certificate mentioned in paragraph 11(1)(b) relating to vessel structure, systems, fittings, arrangements, material and equipment; and
(b)   in the form in Annex I of the DSC Code.
dynamically supported craft has the same meaning as in the DSC Code.
high-speed craft includes a dynamically supported craft.
HSC Safety Certificate means a certificate that is:
(a)   a safety certificate mentioned in paragraph 11(1)(a) relating to vessel structure, systems, fittings, arrangements, material and equipment; and
(b)   for a vessel to which the 2000 HSC Code applies, or would apply if the vessel were engaged on international voyages — in the form in Annex I of the 2000 HSC Code; and
(c)   for a vessel to which the 1994 HSC Code applies, or would apply if the vessel were engaged on international voyages — in the form in Annex I of the 1994 HSC Code.
permit to operate high-speed craft means a permit in the form mentioned in:
(a)   for a vessel to which the 2000 HSC Code applies, or would apply if the vessel were engaged on international voyages — Annex 2 of the 2000 HSC Code; or
(b)   for a vessel to which the 1994 HSC Code applies, or would apply if the vessel were engaged on international voyages — Annex 2 of the 1994 HSC Code; or
(c)   for a vessel to which the DSC Code applies, or would apply if the vessel were engaged on international voyages — section 1.6 of the DSC Code.
place of refuge has the same meaning as in the 2000 HSC Code or 1994 HSC Code.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
·         IMO
·         SOLAS.
Note 2   Other terms used in this Order are defined in the Navigation Act, including:
·         issuing body
·         seafarer certificate
·         vessel.
Note 3   A copy of each IMO resolution that adopts or amends a Code mentioned in this Order is available at http://www.imo.org or the AMSA website Marine Orders link at http://www.amsa.gov.au.
Note 4   For delegation of AMSA’s powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.
5          Interpretation
                 In this Order:
(a)   a term that is used but is not defined for this Order, and is defined in the 2000 HSC Code, the 1994 HSC Code or the DSC Code, has the meaning given by the code in which it is defined; and
(b)   for a regulated Australian vessel — a reference in the 2000 HSC Code, the 1994 HSC Code or the DSC Code to the Administration, is taken to mean AMSA.
Note   AMSA has an agreement with each of the recognised organisations mentioned in Schedule 1 of Marine Order 1 (Administration) 2013 for the provision of survey and certification services for vessels registered in Australia. These bodies are authorised to provide these services on behalf of AMSA.
6          Application
        (1)     This Order applies to a regulated Australian vessel that is:
(a)   a vessel to which the 2000 HSC Code applies, or would apply if the vessel were engaged on international voyages, constructed after 30 June 2002; or
(b)   a vessel to which the 1994 HSC Code applies, or would apply if the vessel were engaged on international voyages, constructed after 31 December 1996 and before 1 July 2002; or
(c)   a vessel constructed before 1 January 1996 that meets the requirements of the 1994 HSC Code; or
(d)   a vessel constructed before 1 January 1996, other than a vessel mentioned in paragraph (c), to which the DSC Code applies, or would apply if the vessel were engaged on international voyages.
        (2)     This Order, other than Divisions 2, 3 and 6, also applies to a foreign vessel.
7          Exemptions
        (1)     An owner of a regulated Australian vessel may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
        (2)     AMSA may give an exemption only if satisfied that:
(a)   compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and intended voyage; and
(b)   giving the exemption would not contravene SOLAS or a code mentioned in this Order that applies to the vessel.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
·         making an application
·         seeking further information about an application
·         the time allowed for consideration of an application
·         imposing conditions on approval of an application
·         notifying a decision on an application
·         review of decisions.
8          Equivalents
        (1)     A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent on a regulated Australian vessel.
Note   For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.
        (2)     AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
9          Review of decisions
                 A decision under section 23, 26 or 27 is taken to be a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.
Division 2     Certificates issued under the Navigation Act
Subdivision 2.1    Various matters about certificates
10        Certificates required
                 For subsection 98(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel must have the following certificates:
(a)   for a vessel mentioned in paragraphs 6(1)(a) to (c) — a HSC Safety Certificate;
(b)   for a vessel mentioned in paragraph 6(1)(d) — a DSC Construction and Equipment Certificate.
Note   It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.
11        Applying for certificates
        (1)     For section 99(1) of the Navigation Act (which enables a person to apply to an issuing body for a safety certificate specified in the regulations), the following certificates are specified:
(a)   HSC Safety Certificate;
(b)   DSC Construction and Equipment Certificate.
        (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   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 Order provides for internal review of decision about applications. That section does not apply to safety certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.
12        Commencement and duration of certificates
        (1)     For a vessel mentioned in paragraph 6(1)(a), a HSC Safety Certificate comes into force, and ceases to be in force, in accordance with section 1.8 of the 2000 HSC Code.
        (2)     For a vessel mentioned in paragraph 6(1)(b) or (c), a HSC Safety Certificate comes into force, and ceases to be in force, in accordance with section 1.8 of the 1994 HSC Code.
        (3)     For a vessel mentioned in paragraph 6(1)(d), a DSC Construction and Equipment Certificate comes into force, and ceases to be in force, in accordance with section 1.6 of the DSC Code.
13        Variation of certificates
        (1)     For section 101 of the Navigation Act, the criteria for variation of a HSC certificate are that:
(a)   the vessel has been surveyed in accordance with section 1.5 of the 2000 HSC Code or section 1.5 of the 1994 HSC Code; and
(b)   to the extent that the variation relates to matters mentioned in section 1.8 of the 2000 HSC Code or section 1.8 of the 1994 HSC Code — the variation is in accordance with that section.
Note for paragraph (b)   A variation may be in the form of an endorsement to a certificate.
        (2)     For section 101 of the Navigation Act, the criteria for variation of a DSC Construction and Equipment Certificate are that:
(a)   the vessel has been surveyed in accordance with section 1.5 of the DSC Code; and
(b)   to the extent that the variation relates to matters mentioned in section 1.6 of the DSC Code — the variation is in accordance with that section.
Subdivision 2.2              HSC Safety Certificate
14        Criteria for issue of a HSC Safety Certificate
                 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a HSC Safety Certificate are the following:
(a)   for a vessel mentioned in paragraph 6(1)(a):
             (i)  the vessel has completed the initial or renewal survey mentioned in section 1.5 of the 2000 HSC Code; and
            (ii)  the vessel meets the requirements of the 2000 HSC Code; and
           (iii)  the owner complies with the arrangements mentioned in the 2000 HSC Code for the vessel;
(b)   for a vessel mentioned in paragraph 6(1)(b) or (c):
             (i)  the vessel has completed the initial or renewal survey mentioned in section 1.5 of the 1994 HSC Code; and
            (ii)  the vessel meets the requirements of the 1994 HSC Code; and
           (iii)  the owner complies with the arrangements mentioned in the 1994 HSC Code for the vessel.
15        Conditions on a HSC Safety Certificate
                 For paragraph 100(2)(a) of the Navigation Act, a HSC Safety Certificate is subject to the following conditions:
(a)   for a vessel mentioned in paragraph 6(1)(a):
             (i)  the vessel and its equipment must be maintained to comply with the 2000 HSC Code; and
            (ii)  the owner must implement arrangements for the vessel required by the 2000 HSC Code; and
           (iii)  periodic surveys, mentioned in section 1.5 of the 2000 HSC Code, have been completed and endorsed on the HSC Safety Certificate;
(b)   for a vessel mentioned in paragraph 6(1)(b) or (c):
             (i)  the vessel and its equipment must be maintained to comply with the 1994 HSC Code; and
            (ii)  the owner must implement arrangements for the vessel required by the 1994 HSC Code; and
           (iii)  periodic surveys, mentioned in section 1.5 of the 1994 HSC Code, have been completed and endorsed on the HSC Safety Certificate;
(c)   after any survey has been completed, any change to the structure, equipment, systems, fittings, arrangement or material covered by survey (other than the direct replacement of equipment or fittings) must be approved by AMSA.
16        Endorsements on a HSC Safety Certificate
                 For section 15, an endorsement on a HSC Safety Certificate must be made by an issuing body.
Note   It is practice that an issuing body endorsing a certificate will be the same issuing body that originally issued the certificate.
17        Criteria for the revocation of a HSC Safety Certificate
                 For section 102 of the Navigation Act, the criteria for revocation of a HSC Safety Certificate are that:
(a)   a condition of the certificate has been, or is likely to be, breached; or
(b)   the vessel to which the certificate applies ceases to be registered in Australia; or
(c)   the owner of the vessel asks in writing that the vessel’s certificate be revoked; or
(d)   the certificate contains incorrect information.
Subdivision 2.3    DSC Construction and Equipment Certificate
18        Criteria for issue of a DSC Construction and Equipment Certificate
                 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a DSC Construction and Equipment Certificate are that:
(a)   the vessel has been surveyed in accordance with section 1.5 of the DSC Code; and
(b)   the vessel complies with the requirements mentioned in the DSC Code; and
(c)   the owner complies with the arrangements mentioned in the DSC Code for the vessel.
19        Conditions on a DSC Construction and Equipment Certificate
                 For paragraph 100(2)(a) of the Navigation Act, a DSC Construction and Equipment Certificate is subject to the following conditions:
(a)   the vessel must be surveyed in accordance with section 1.5 of the DSC Code;
(b)   any intermediate inspections must be completed in accordance with section 1.5 of the DSC Code;
(c)   the vessel and its equipment must be maintained to comply with the DSC Code;
(d)   the owner must implement arrangements for the vessel required by the DSC Code;
(e)   after any survey has been completed, any change to the structure, equipment, systems, fittings, arrangement or material covered by survey (other than the direct replacement of the equipment or fittings) must be approved by AMSA.
20        Criteria for the revocation of a DSC Construction and Equipment Certificate
                 For section 102 of the Navigation Act, the criteria for revocation of a DSC Equipment and Construction Certificate are that:
(a)   a condition of the certificate has been, or is likely to be, breached; or
(b)   the vessel to which the certificate applies ceases to be registered in Australia; or
(c)   the owner of the vessel asks in writing that the vessel’s certificate be revoked; or
(d)   the certificate contains incorrect information.
Division 3     Permit to operate high-speed craft
21        Permit to operate required
        (1)     A person may operate a high-speed craft only if:
(a)   a permit to operate high-speed craft is in force for the vessel; or
(b)   all of the following apply:
             (i)  the high-speed craft is undertaking a transit voyage mentioned in paragraph 1.9 of the 2000 HSC Code or the 1994 HSC Code;
            (ii)  a safety plan approved by AMSA for the transit voyage is on board the high-speed craft;
           (iii)  the master is familiar with information for the safe operation of the high-speed craft during the transit voyage.
Penalty:    50 penalty units.
Note   Relevant matters that should be addressed in the safety plan are mentioned in paragraph 18.1.3 of the 2000 HSC Code and 1994 HSC Code.
        (2)     An offence against subsection (1) is a strict liability offence.
        (3)     A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:        50 penalty units.
22        Application for permit to operate
        (1)     The owner of a high-speed craft may apply to AMSA for a permit to operate it.
        (2)     Division 3 of Marine Order 1 (Administration) 2013 applies to an application to AMSA for a permit mentioned in subsection (1).
Note   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications.
23        Issue of permit to operate
                 AMSA may issue a permit to operate a high-speed craft if:
(a)   an application for the permit to operate high-speed craft has been made under section 22; and
(b)   AMSA is satisfied that:
             (i)  the owner of the craft has provided details of any conditions to be imposed by the country in which the vessel will operate; and
            (ii)  the owner of the craft has identified worst intended conditions and operational limitations for the craft; and
           (iii)  a HSC Safety Certificate or DSC Construction and Equipment Certificate is in force for the craft; and
           (iv)  an adequate number of seafarers with appropriate seafarer certificates or qualifications are engaged on the craft for its safe operation; and
            (v)  the craft is to operate:
(A)    for a passenger vessel — not more than 4 hours at 90% of maximum speed from a place of refuge; or
(B)    for a cargo vessel more than 500 gross tonnage — not more than 8 hours at 90% of maximum speed from a place of refuge; and
           (vi)  the area of operation has adequate communication facilities, weather forecasts and maintenance facilities available; and
          (vii)  the area of operation has search and rescue services available; and
         (viii)  a route operational manual, craft operating manual, training manual, maintenance manual and servicing schedule are available on board the vessel; and
           (ix)  the owner has implemented and maintains a quality management system for the craft.
Note for subparagraph (b)(iv)   For a regulated Australian vessel, requirements for safe manning are set out in Marine Order 21 (Safety of navigation and emergency procedures) 2013.
24        Conditions on permit to operate
                 A permit to operate high-speed craft is subject to the following conditions:
(a)   any condition imposed by the countries in which the craft will operate;
(b)   operational limits for the craft are complied with;
(c)   continuing compliance with matters mentioned in subparagraphs 23(b)(iii) to (ix);
(d)   any conditions imposed by AMSA.
Note 1   Any conditions mentioned in paragraph (a) should be set out in the craft documentation mentioned in paragraph 18.2 of the HSC Code 2000 and HSC Code 1994.
Note 2   Conditions imposed by AMSA in accordance with paragraph (d) may require compliance with matters mentioned in paragraph 18.1.3 of the 2000 HSC Code and 1994 HSC Code, Annex 12 to the 2000 HSC Code, and also IMO Circular MSC.1/Circ.1329 Guidelines for uniform operating limitations of high-speed craft.
25        Duration of permit to operate
                 A permit to operate a high-speed craft expires at the earlier of:
(a)   either:
             (i)  if a HSC Safety Certificate is in force for the craft — 5 years; or
            (ii)  if a DSC Construction and Equipment Certificate is in force for the vessel — 1 year; or
(b)   a shorter period determined by AMSA.
26        Variation of permit to operate
                 AMSA may vary a permit to operate high-speed craft.
27        Revocation of permit to operate
                 AMSA may revoke a permit to operate high-speed craft if the owner of the craft has breached, or is likely to be in breach of, a condition of the permit to operate.
Division 4     Requirements for foreign vessels
28        Certificates required for foreign vessels
                 A high-speed craft that is a foreign vessel must have a certificate that:
(a)   is issued in accordance with section 1.8 of the 2000 HSC Code or the 1994 HSC Code; or
(b)   is issued in accordance with section 1.6 of the DSC Code.
Note   It is an offence under sections 106 and 107 of the Navigation Act if a vessel is taken to sea without a certificate of a specified kind in force for the vessel.
29        Permits required for foreign vessels
        (1)     A high-speed craft that is a foreign vessel must have a permit to operate high-speed craft that:
(a)   is issued by the Administration of the country where the vessel is registered; and
(b)   includes matters mentioned in paragraph 23(b).
Note for paragraph (a)   Section 1.9 of the 2000 HSC Code and the 1994 HSC Code and paragraph 1.6.5 of the DSC Code set out matters concerning the issue of a permit to operate a high-speed craft.
        (2)     However, subsection (1) does not apply if:
(a)   the high-speed craft is undertaking a transit voyage mentioned in paragraph 1.9 of the 2000 HSC Code or the 1994 HSC Code; and
(b)   a safety plan for the transit voyage is on board the high-speed craft; and
(c)   the master is familiar with information for the safe operation of the high-speed craft during the transit voyage.
        (3)     For paragraph 2(b), the safety plan must be approved by the Administration of the country where the vessel is registered.
30        Requirements for foreign vessels
                 A high-speed craft that is a foreign vessel must comply with:
(a)   the requirements of the 2000 HSC Code, the 1994 HSC Code or the DSC Code that apply to the vessel; and
(b)   any conditions of a permit to operate high-speed craft.
Division 5     Reporting requirements
31        Marine incident
                 For paragraph (1) of the definition of marine incident in subsection 14(1) of the Navigation Act, the following incidents are prescribed:
(a)   equipment failure that may affect compliance by the vessel with the 2000 HSC Code, the 1994 HSC or the DSC Code;
(b)   an incident involving the vessel that may affect compliance with the 2000 HSC Code, the 1994 HSC or the DSC Code;
(c)   anything that substantially affects the integrity of the vessel or the efficiency or completeness of the vessel’s equipment, fittings, arrangements and materials covered by the 2000 HSC Code, the 1994 HSC or the DSC Code.
Note 1   The owner and master of a vessel must report marine incidents to AMSA — see sections 185 and 186 of the Navigation Act.
Note 2   For the prescribed periods for reporting marine incidents — see Marine Order 31 (Vessel surveys and certification) 2015. Approved forms for the reporting of marine incidents are available on AMSA’s website at http://www.amsa.gov.au.
Note 3   Emergency situations and malfunctions jeopardising safety should also be reported in accordance with procedures set out in the craft operating manual.
Division 6     Other matters
32        Operation of vessel
        (1)     The master or owner of a regulated Australian vessel must ensure that:
(a)   the vessel is operated in accordance with the requirements of the 2000 HSC Code, the 1994 HSC Code or the DSC Code that apply to the craft; and
(b)   any conditions of the permit to operate issued for the craft are complied with.
Penalty:    50 penalty units.
        (2)     An offence against subsection (1) is a strict liability offence.
        (3)     The master or owner is liable to a civil penalty if subsection (1) is contravened.
Civil penalty:        50 penalty units.
33        Information to be made available
        (1)     The master or owner of a regulated Australian vessel must not take the vessel to sea if adequate information and guidance material concerning the safe operation and maintenance of the craft is not on board.
Penalty:    50 penalty units.
        (2)     An offence against subsection (1) is a strict liability offence.
        (3)     The master or owner is liable to a civil penalty if subsection (1) is contravened.
Civil penalty:        50 penalty units.
Note   Section 1.12 of the 2000 HSC Code, section 1.12 of the 1994 HSC Code and section 1.8 of the DSC Code set out the information to be included in the technical manuals to be carried on board the craft.
34        Notifying alterations
                 For paragraph 105(1)(c) of the Navigation Act, the period within which AMSA and the issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note
1.         All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
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