AMSA MO 2013/7
Marine Order 502 (Vessel identifiers — national law) 2013
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority (the National Marine Safety Regulator under section 9 of the Marine Safety (Domestic Commercial Vessel) National Law), make this Order under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law.
21 June 2013
Graham Peachey
Chief Executive Officer
1 Name of Order............................................................................................... 3
2 Commencement............................................................................................. 3
3 Purpose......................................................................................................... 3
4 Power............................................................................................................ 3
5 Definitions..................................................................................................... 3
6 Application for unique identifier....................................................................... 3
7 Issue of unique identifier................................................................................. 4
8 Display of unique identifier............................................................................. 4
9 Notification.................................................................................................... 4
1 Name of Order
This Order is Marine Order 502 (Vessel identifiers — national law) 2013.
2 Commencement
This Order commences on 1 July 2013.
3 Purpose
The purpose of this Order is to provide for unique identifiers for domestic commercial vessels.
Note A vessel registered under the Shipping Registration Act 1981 and marked in accordance with that Act is exempt from the requirement to have a unique identifier — see AMSA EX2013/01 on the AMSA website at http://www.amsa.gov.au.
4 Power
(1) Paragraph 31(1)(b) of the national law provides for the regulations to prescribe criteria for the issue of a unique identifier.
(2) Paragraphs 34(1)(b) and 35(1)(b) provides for the regulations to prescribe the way in which a unique identifier must be displayed.
(3) Subsection 159(1) of the national law 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 national law.
(4) Paragraph 159(3)(c) provides for the regulations to prescribe requirements for the marking of domestic commercial vessels.
(5) Section 163 of the national law provides that the National Regulator may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the section.
5 Definitions
Note 1 There are no terms specifically defined for this Order.
Note 2 Some terms used in this Order are defined in Marine Order 501 (Administration — national law) 2013, including national law and National Law Act.
Note 3 Other terms used in this Order are defined in the national law, including:
· domestic commercial vessel
· National Regulator
· unique identifier.
6 Application for unique identifier
(1) The owner of a domestic commercial vessel for which a unique identifier has not been issued may apply for a unique identifier for the vessel.
(2) The application must be made in accordance with Marine Order 501 (Administration — national law) 2013.
Note A fee may be charged — see National Law Act, s 9.
7 Issue of unique identifier
The National Regulator may issue a unique identifier if a certificate of operation or a certificate of survey is issued, or a certificate of operation is varied, for a vessel for which a unique identifier has not previously been issued.
Note For when the National Regulator must issue a unique identifier — see national law, s 31(1).
8 Display of unique identifier
(1) The owner of a vessel for which a unique identifier is issued must ensure that, within 21 days after the National Regulator issues the unique identifier, it is displayed on the vessel:
(a) in a prominent place on both sides of the vessel; and
(b) in letters and numbers at least:
(i) for a vessel less than 30 m long — 10 cm high; or
(ii) for a vessel at least 30 m long — 15 cm high; or
(iii) for a vessel with insufficient freeboard or topsides to comply with subparagraph (i) or (ii) — 5 cm high; and
(c) in a colour that contrasts with its background; and
(d) so that it is clearly readable in clear weather.
(2) However:
(a) the National Regulator may approve another way of displaying the unique identifier if the owner:
(i) cannot comply with subsection (1) because of the structure of the vessel; and
(ii) applies for approval in the approved form; and
(b) for a vessel that was entitled to operate as a domestic commercial vessel within 2 years before 1 July 2013, the owner does not have to comply with subsection (1) until 1 July 2016.
9 Notification
(1) If the owner of a vessel for which a unique identifier is issued transfers ownership to another person, the transferor must, within 14 days after the transfer, tell the National Regulator in writing:
(a) when the transfer occurred; and
(b) the name and address of the transferee.
Penalty: 50 penalty units.
(2) If a vessel for which a unique identifier is issued is withdrawn from commercial operation, sunk or scrapped, the owner of the vessel must, within 14 days after the withdrawal, sinking or scrapping, tell the National Regulator in writing when and where the withdrawal, sinking or scrapping occurred.
Penalty: 50 penalty units.
(3) An offence against subsection (1) or (2) is a strict liability offence.
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.
