AMSA MO 2014/17
Marine Order 25 (Equipment — lifesaving) 2014
I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
17 November 2014
Michael Kinley
Chief Executive Officer
Division 1 Preliminary.................................................................................................... 4
1 Name of Order................................................................................................. 4
1A Commencement.............................................................................................. 4
1B Repeal of Marine Order 25 (Equipment — lifesaving) 2009................................. 4
2 Purpose........................................................................................................... 4
3 Power.............................................................................................................. 4
4 Definitions........................................................................................................ 4
5 Meaning of certain expressions........................................................................ 6
6 Application....................................................................................................... 6
7 Exemptions...................................................................................................... 6
8 Equivalents....................................................................................................... 7
9 Transitional — previous approvals..................................................................... 7
10 Pre–1998 vessels — transitional........................................................................ 7
Division 2 Foreign vessels............................................................................................. 7
11 Application of Division 2.................................................................................... 7
12 Foreign vessels to which Chapter III applies....................................................... 7
13 Foreign vessels to which Chapter III does not apply........................................... 8
14 Foreign vessels — damage or alteration to equipment...................................... 8
Division 3 Equipment — general.................................................................................... 8
15 Replacement of survival craft............................................................................ 8
16 Additional appliances or equipment.................................................................. 8
17 Damage to appliances or equipment................................................................. 8
18 Alteration or defacement of labels or markings on appliances or equipment...... 9
19 Systems for manufacture, service and repair..................................................... 9
20 Certificate of approval...................................................................................... 9
21 Servicing of inflatable liferafts......................................................................... 10
22 Approval of servicing stations.......................................................................... 10
Division 4 Requirements for cargo vessels at least 500 GT and for all passenger vessels 10
23 Application of Division 4.................................................................................. 10
24 Vessels other than passenger vessels certified Class 1D or 1E........................... 11
25 Passenger vessels certified Class 1D or 1E........................................................ 11
26 Additional requirements................................................................................. 11
Division 5 Requirements for cargo vessels less than 500 GT........................................ 11
Subdivision 5.1 Vessels certified as Class 2D or 2E................................................... 11
27 Application of Subdivision 5.1.......................................................................... 11
28 Cargo vessels certified Class 2D or 2E............................................................... 11
Subdivision 5.2 Vessels certified as Class 2C............................................................ 12
29 Application of Subdivision 5.2.......................................................................... 12
30 Cargo vessels certified Class 2C — survival craft and rescue boats..................... 12
31 Cargo vessels certified Class 2C — all other equipment.................................... 12
Subdivision 5.3 Vessels certified as Class 2A or 2B................................................... 12
32 Application of Subdivision 5.3.......................................................................... 12
33 Survival craft and rescue boats — vessels at least 85 m long............................. 12
34 Survival craft and rescue boats — vessels between 35 and 85 m long............... 13
35 Survival craft and rescue boats — vessels between 25 and 35 m long............... 13
36 Survival craft and rescue boats — vessels less than 25 m long........................... 13
37 Survival craft and rescue boats — oil tankers, chemical tankers and gas carriers 14
38 Lifebuoys........................................................................................................ 14
39 Lifejackets...................................................................................................... 14
40 Immersion suits and anti-exposure suits.......................................................... 15
41 Line-throwing appliances................................................................................ 15
42 Distress signals................................................................................................ 15
43 Alarm signal.................................................................................................... 15
44 Emergency electrical installation...................................................................... 15
45 Lifesaving signals............................................................................................. 16
46 Stowage, launching and recovery arrangements.............................................. 16
47 Approval, testing, servicing and maintenance.................................................. 16
48 Communications............................................................................................. 16
Division 6 Fishing vessels............................................................................................ 16
49 Application of Division 6.................................................................................. 16
50 Requirements for fishing vessels at least 500 GT.............................................. 16
51 Requirements for fishing vessels less than 500 GT............................................ 16
Division 7 Recovery of persons from the water............................................................. 17
52 Recovery of persons from the water............................................................... 17
Schedule 1 Regulated Australian vessels — additional requirements for cargo vessels at least 500GT and for all passenger vessels....................................................................................... 18
Schedule 2 First aid outfit requirements......................................................................... 23
Division 1 Preliminary
1 Name of Order
This Order is Marine Order 25 (Equipment — lifesaving) 2014.
1A Commencement
This Order commences on 1 December 2014.
1B Repeal of Marine Order 25 (Equipment — lifesaving) 2009
Marine Order 25 (Equipment — lifesaving) 2009 is repealed.
2 Purpose
This Order:
(a) gives effect to Chapter III of SOLAS which incorporates requirements of the LSA Code; and
(b) prescribes matters for paragraphs 339(2)(b) and (g) of the Navigation Act.
3 Power
(1) The following provisions of the Navigation Act provide for this Order to be made:
(a) paragraph 339(2)(b) of the Navigation Act which provides that the regulations may provide for the machinery and equipment to be carried on board vessels for sending or receiving distress, urgency and other signals;
(b) paragraph 339(2)(g) of the Navigation Act which provides that the regulations may provide for the equipment to be carried on board vessels and the measures to be carried out, for saving life at sea;
(c) paragraph 340(1)(a) of the Navigation Act which provides that the regulations may give effect to SOLAS.
(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 341(1) of the Navigation Act provides for the imposition of penalties in regulations.
(4) Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about anything that may or must be made by regulation.
4 Definitions
(1) In this Order:
AIS-SART means a search and rescue transmitter, with an automatic identification system, approved by an issuing body.
Chapter III means Chapter III of SOLAS.
EPIRB means an emergency position indicating radio beacon, (including one that is GNSS capable), approved by an issuing body.
GNSS means Global Navigation Satellite System.
GT, for a vessel, means the gross tonnage of the vessel worked out under regulation 3 of Annex 1 to the Tonnage Convention.
lifesaving appliance includes any appliance required by this Order to be fitted to, or carried on, a vessel.
lifesaving equipment means equipment that is:
(a) stored in, or belonging to, a lifesaving appliance; or
(b) required by this Order to be fitted to, or carried on, a vessel.
LSA Code means the International Life-Saving Appliance Code adopted by IMO Resolution MSC.48 (66), as in force from time to time.
Note A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.
proper use, for a lifesaving appliance or item of lifesaving equipment, means:
(a) use in an emergency; or
(b) use for training for an emergency; or
(c) maintenance or testing of the appliance or item of equipment.
search and rescue locating device means a SART or an AIS-SART.
SART means a search and rescue transponder, approved by an issuing body.
Note 1 For information on obtaining copies of IMO documents mentioned in this Order — see AMSA’s website at http://www.amsa.gov.au. These documents may also be purchased from the IMO — see the IMO website at http://www.imo.org/publications.
Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
· cargo vessel
· decision maker
· equivalent
· IMO
· length
· NSCV
· passenger vessel
· recognised organisation
· SOLAS
· use
· USL Code.
Note 3 Other terms used in this Order are defined in the Navigation Act, including:
· AMSA
· foreign vessel
· inspector
· issuing body
· regulated Australian vessel
· seafarer
· Tonnage Convention.
Note 4 For delegation of AMSA’s powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.
(2) The approval by an issuing body of a search and rescue locating device or an EPIRB applies to fitting the device or EPIRB on a vessel only if it meets the performance standard that applies to it at the time it is fitted.
5 Meaning of certain expressions
(1) A reference to the Administration in Chapter III, the LSA Code, an IMO resolution or a document mentioned in this Order is taken to mean:
(a) for a regulated Australian vessel — AMSA; or
(b) for a foreign vessel — the registering authority of the country in which the vessel is registered.
(2) However, a requirement in Chapter III, the LSA Code or an IMO resolution, or in another document mentioned in this Order, that an appliance, item of equipment or arrangement must be approved by the Administration means, for a regulated Australian vessel, that the appliance, item of equipment or arrangement must be approved by an issuing body.
(3) A term that is used in this Order but is not defined for this Order, and is defined in SOLAS or in a code mentioned in this Order, has the meaning given by SOLAS or the code.
(4) For this Order, a vessel is taken to have been constructed when:
(a) the keel is laid; or
(b) construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.
(5) For this Order, the number of persons that a vessel is certified to carry is taken to be the number of persons for whom lifesaving appliances are provided as mentioned in the record of equipment annexed to the vessel’s passenger ship safety certificate, cargo ship safety equipment certificate or certificate of survey.
6 Application
(1) This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel as set out in Division 2.
(2) A cargo vessel that is converted to a passenger vessel is taken to be a passenger vessel constructed on the date when the conversion commences.
(3) If a vessel is certified in accordance with a code mentioned in Marine Order 49 (High speed craft) 2009 or the code mentioned in Marine Order 50 (Special purpose vessels) 2012, and a provision of the code is inconsistent with a provision of this Order, the vessel is taken to comply with this Order if it complies with the code.
7 Exemptions
(1) A person may apply to AMSA, 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 its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
(3) An exemption granted or continued under Marine Order 25 (Equipment — lifesaving) 2009, and in force immediately before this Order came into force, is taken to have been granted or continued in force under this Order.
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
· notification of a decision on an application
· review of decisions.
8 Equivalents
(1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
(2) AMSA may approve use of an equivalent only if satisfied that:
(a) use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving use of the equivalent would not contravene SOLAS.
9 Transitional — previous approvals
An appliance, equipment or an arrangement approved under Marine Orders Part 25, Issue 7 or Marine Order 25 (Equipment — lifesaving) 2009, and in service on a vessel immediately before the commencement of this Order, is taken to have been approved under this Order.
10 Pre–1998 vessels — transitional
[SOLAS Chapter III-1.4]
(1) An appliance, equipment or an arrangement on a vessel constructed before 1 July 1998 that complied with Marine Orders Part 25, Issue 3 is taken to comply with this Order.
(2) However, if an appliance, equipment or an arrangement is replaced or added to, subsection (1) applies only in the circumstances mentioned in section 15.
Division 2 Foreign vessels
11 Application of Division 2
This Division applies to a foreign vessel.
12 Foreign vessels to which Chapter III applies
If Chapter III applies to the vessel, it must comply with Chapter III.
Note Chapter III incorporates requirements of the LSA Code.
13 Foreign vessels to which Chapter III does not apply
A vessel to which Chapter III does not apply must carry and comply with any certificate or other document that:
(a) is issued by or for the administration of the country in which it is registered; and
(b) deals with:
(i) lifesaving equipment, appliances, arrangements or procedures; or
(ii) testing of the matters mentioned in subparagraph (i).
14 Foreign vessels — damage or alteration to equipment
Sections 17 and 18 apply to a foreign vessel as if it were a regulated Australian vessel.
Division 3 Equipment — general
15 Replacement of survival craft
(1) This section applies to the replacement of:
(a) a survival craft, other than an inflatable liferaft; or
(b) a launching appliance for a survival craft mentioned in paragraph (a).
(2) If an item mentioned in subsection (1) is replaced on a vessel, the replacement equipment is taken to comply with this Order if it is:
(a) of the same make and model as the item replaced; and
(b) either:
(i) a survival craft mentioned in paragraph (1)(a) that is replaced without replacing its launching appliance; or
(ii) a launching appliance mentioned in paragraph (1)(b) that is replaced without replacing its survival craft.
16 Additional appliances or equipment
Any appliance or equipment on the vessel that is not required by this Order must comply with the requirements of this Order that apply to the kind of appliance or equipment.
17 Damage to appliances or equipment
(1) A person must not engage in conduct that:
(a) results in damage to:
(i) a lifesaving appliance on the vessel; or
(ii) an item of the vessel’s lifesaving equipment; and
(b) is not proper use of the appliance or item of equipment.
Penalty: 50 penalty units.
Note For engage in conduct — see Criminal Code, s 4.1.
(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.
18 Alteration or defacement of labels or markings on appliances or equipment
(1) A person must not engage in conduct that:
(a) results in the alteration or defacement of a label or marking on:
(i) a lifesaving appliance on the vessel; or
(ii) an item of the vessel’s lifesaving equipment; and
(b) is not proper use of the appliance or item of equipment.
Penalty: 50 penalty units.
(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.
19 Systems for manufacture, service and repair
The owner of the vessel must ensure that lifesaving appliances or equipment used on the vessel are manufactured, serviced and repaired in accordance with systems approved by an issuing body.
20 Certificate of approval
[SOLAS Chapter III-4]
(1) An issuing body may issue a certificate of approval as evidence that a lifesaving appliance, item of equipment or arrangement, or make or kind of appliance or equipment, has been approved under this Order.
(2) A certificate of approval:
(a) is in force until the date shown on the certificate; and
(b) may be renewed for a further period if the issuing body is satisfied that the appliance, item of equipment or arrangement, or make or kind of appliance or equipment, continues to comply with this Order.
(3) A certificate of approval may be revoked by an issuing body if AMSA is satisfied that the appliance, item of equipment or arrangement, or make or kind of appliance or equipment, no longer complies with this Order.
(4) An issuing body may approve a lifesaving appliance, item of equipment or arrangement under this Order only if it:
(a) complies with this Order; or
(b) has passed:
(i) any tests that apply to it under IMO Resolution MSC.81(70) Revised Recommendation on Testing of Life-Saving Appliances as in force from time to time; or
(ii) if it is of novel design — any tests that apply to it under IMO Resolution A.520(13) Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-Saving Appliances and Arrangements as in force from time to time; or
(iii) tests substantially equivalent to those mentioned in subparagraphs (i) and (ii).
(5) For an inflatable liferaft that is subject to extended service intervals:
(a) only AMSA may issue or renew a certificate of approval; and
(b) in addition to the requirements for approval mentioned in subsection (4), the liferaft will only be approved in accordance with IMO Circular MSC.1/Circ. 1328 Guidelines for the approval of inflatable liferafts subject to extended service intervals not exceeding 30 months, as in force from time to time.
21 Servicing of inflatable liferafts
(1) The owner or master of the vessel must ensure that the inflatable liferafts installed in the vessel are serviced by an approved servicing station.
Penalty: 50 penalty units.
(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).
22 Approval of servicing stations
(1) The owner of a servicing station may apply to an issuing body for approval to service inflatable liferafts.
(2) An issuing body may approve the servicing station if it complies with IMO Resolution A.761 (18), Recommendation on conditions for the approval of servicing stations for inflatable liferafts, as in force from time to time.
(3) However, if the servicing station does not comply with IMO Resolution A.761 (18) only because it has not been accredited for servicing by a manufacturer of liferafts, AMSA may approve the servicing station if it considers that it is necessary in the circumstances.
(4) An issuing body that approves a servicing station under this section may issue a servicing station certificate to the service provider for the servicing station.
(5) The issue of a servicing station certificate is taken to be a decision to approve a servicing station under subsection (2).
(6) The service provider to whom a servicing station certificate is issued must ensure that the following certificates are prominently displayed on the premises of the approved servicing station:
(a) the servicing station certificate;
(b) any certificates issued by the liferaft manufacturer in accordance with IMO Resolution A.761 (18), for persons trained in the repair and servicing of the liferafts.
(7) It is a condition of approval of a servicing station that each liferaft it services must be serviced in accordance with IMO Resolution A.761 (18), as in force from time to time.
Division 4 Requirements for cargo vessels at least 500 GT and for all passenger vessels
23 Application of Division 4
This Division applies to a regulated Australian vessel that is:
(a) a passenger vessel; or
(b) a cargo vessel that is at least 500 GT.
24 Vessels other than passenger vessels certified Class 1D or 1E
The owner or master of a vessel other than a passenger vessel mentioned in section 25 must ensure that the vessel complies with Chapter III.
Note Chapter III incorporates requirements of the LSA Code.
25 Passenger vessels certified Class 1D or 1E
(1) If a vessel is a passenger vessel that is certified as Class 1D or 1E, the owner or master of the vessel must ensure that the vessel has equipment that complies with:
(a) subsection 7A of Part C of the NSCV if:
(i) the vessel was constructed after 30 September 2008; or
(ii) the vessel was constructed before 1 October 2008 and has been upgraded in service or is subject to initial survey; or
(b) for a vessel not mentioned in paragraph (a) — the pre-2008 USL Code.
Penalty: 50 penalty units.
(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
26 Additional requirements
The owner or master of the vessel must ensure that the requirements mentioned in Schedule 1 are met for the vessel.
Division 5 Requirements for cargo vessels less than 500 GT
Subdivision 5.1 Vessels certified as Class 2D or 2E
27 Application of Subdivision 5.1
This Subdivision applies to a vessel that is:
(a) a regulated Australian vessel; and
(b) a cargo vessel less than 500 GT; and
(c) certified as Class 2D or 2E.
28 Cargo vessels certified Class 2D or 2E
(1) The owner or master of the vessel must ensure that the vessel has equipment that complies with:
(a) subsection 7A of Part C of the NSCV if:
(i) the vessel was constructed after 30 September 2008; or
(ii) the vessel was constructed before 1 October 2008 and has been upgraded in service or is subject to initial survey; or
(b) for a vessel not mentioned in paragraph (a) — the pre-2008 USL Code.
Penalty: 50 penalty units.
(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.
Subdivision 5.2 Vessels certified as Class 2C
29 Application of Subdivision 5.2
This Subdivision applies to a vessel that is:
(a) a regulated Australian vessel; and
(b) a cargo vessel less than 500 GT; and
(c) certified as Class 2C.
30 Cargo vessels certified Class 2C — survival craft and rescue boats
The vessel must comply with sections 33, 34 and 35 as if it were certified as Class 2A or 2B.
31 Cargo vessels certified Class 2C — all other equipment
(1) The owner or master of the vessel must ensure that the vessel has equipment that complies with:
(a) subsection 7A of Part C of the NSCV if:
(i) the vessel was constructed after 30 September 2008; or
(ii) the vessel was constructed before 1 October 2008 and has been upgraded in service or is subject to initial survey; or
(b) for a vessel not mentioned in paragraph (a) — the pre-2008 USL Code.
Penalty: 50 penalty units.
(2) For subsection (1), equipment does not include survival craft and rescue boats.
(3) An offence against subsection (1) is a strict liability offence.
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
Subdivision 5.3 Vessels certified as Class 2A or 2B
32 Application of Subdivision 5.3
This Subdivision applies to a vessel that is:
(a) a regulated Australian vessel; and
(b) a cargo vessel less than 500 GT; and
(c) certified as Class 2A or 2B.
33 Survival craft and rescue boats — vessels at least 85 m long
If the vessel is at least 85 m long, it must have:
(a) on each side of the vessel — at least 1 lifeboat with a total capacity of at least the number of persons that the vessel is certified to carry; and
(b) either:
(i) on each side of the vessel — at least 1 liferaft with a total capacity of at least half the number of persons that the vessel is certified to carry; or
(ii) at least 1 liferaft that has a total capacity of at least half the number of persons that the vessel is certified to carry and that is stowed to allow easy side-to-side transfer at a single open deck level.
34 Survival craft and rescue boats — vessels between 35 and 85 m long
(1) If the vessel is at least 35 m but less than 85 m long, it must have 1 of the following:
(a) lifeboats and liferafts in accordance with section 33;
(b) both:
(i) liferafts in accordance with paragraph 33 (b); and
(ii) at least 1 lifeboat that has a total capacity of at least the number of persons that the vessel is certified to carry and that can be launched from either side of the vessel;
(c) if the vessel is not an oil tanker, a chemical tanker or a gas carrier:
(i) a rescue boat; and
(ii) at least 2 liferafts with a total capacity of at least twice the number of persons that the vessel is certified to carry.
(2) For subparagraph (1)(c)(ii), a liferaft’s capacity is:
(a) if the liferaft’s normal capacity is not more than the total number of persons that the vessel is certified to carry — the actual capacity of the liferaft; or
(b) if the liferaft’s normal capacity is greater than the total number of persons that the vessel is certified to carry — the total number of persons that the vessel is certified to carry.
35 Survival craft and rescue boats — vessels between 25 and 35 m long
(1) If the vessel is at least 25 m but less than 35 m long, it must have 1 of the following:
(a) lifeboats, liferafts and rescue boats in accordance with section 34;
(b) a rescue boat and 1 of the following:
(i) on each side of the vessel — at least 1 liferaft with a total capacity of at least the number of persons that the vessel is certified to carry;
(ii) at least 1 liferaft that has a total capacity of at least the number of persons that the vessel is certified to carry and that is stowed to allow easy side-to-side transfer at a single open deck level;
(c) at least 2 liferafts with a total capacity of at least twice the number of persons that the vessel is certified to carry.
(2) For paragraph (1)(c), a liferaft’s capacity is determined in accordance with subsection 34(2).
36 Survival craft and rescue boats — vessels less than 25 m long
If the vessel is less than 25 m long, it must have 1 of the following:
(a) on each side of the vessel — at least 1 liferaft with a total capacity of at least the number of persons that the vessel is certified to carry;
(b) at least 1 liferaft that has a total capacity of at least the number of persons that the vessel is certified to carry and that is stowed to allow easy side-to-side transfer at a single open deck level.
37 Survival craft and rescue boats — oil tankers, chemical tankers and gas carriers
(1) A lifeboat for a chemical tanker or gas carrier that is certified to carry cargoes emitting toxic vapours or gases must comply with section 4.8 of the LSA Code.
(2) A lifeboat for an oil tanker, a chemical tanker or gas carrier, certified to carry cargoes having a flash-point not exceeding 60°C (closed cup test) must comply with section 4.9 of the LSA Code.
38 Lifebuoys
A vessel mentioned in the following table must have the number and kind of lifebuoys mentioned in the table for the vessel.
Item
Vessel length
Lifebuoys
1
≥60 m long
(a) ≥8 lifebuoys, of which at least half must be fitted with self-igniting lights
(b) ≥2 of the lifebuoys with self-igniting lights must also have self-activating smoke signals
(c) Of the lifebuoys without self-igniting lights, ≥2 must have buoyant lines
2
≥45 m and
