{"id":"F2025L01014","name":"Marine Order 19 (Tonnage measurement) 2025","slug":"marine-order-19-tonnage-measurement-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442942,"registerId":"F2025L01014-fast-fetch-1775957853113","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Order 19 (Tonnage measurement) 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![The Coat of Arms of the Commonwealth is  depicted with agency name](image.001.png)\n\nAMSA MO 2025/5\n\nMarine Order 19 (Tonnage measurement) 2025\n\nI, Kaylene Dale, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.\n\nDated   21 August 2025\n\nKaylene Dale  Chief Executive Officer\n\n \n\nDivision 1 Preliminary\n\n1 Name of Marine Order\n\n1A Commencement\n\n1B Repeal of Marine Order 19 (Tonnage measurement) 2014\n\n2 Purpose\n\n3 Power\n\n4 Definitions\n\n5 Interpretation\n\n6 Application\n\n7 Determination — regulated Australian vessels\n\nDivision 2 Certificates issued under the Navigation Act\n\n8 Certificates required\n\n9 Applying for certificates\n\n10 Criteria for the issue of International Tonnage Certificates\n\n11 Conditions of International Tonnage Certificates\n\n12 Duration of certificates\n\n13 Criteria for the revocation of certificates\n\nDivision 3 Requirements for foreign vessels\n\n14 Requirements for foreign vessels to which the Tonnage Convention applies\n\nDivision 4 Gross tonnage measurement for certain regulated Australian vessels\n\n15 Tonnage measurement in accordance with repealed regulations\n\nDivision 5 Other matters\n\n16 Prescribed vessels\n\n \n\n\n\n\nDivision 1 Preliminary\n\n1 Name of Marine Order\n\n  This Marine Order is Marine Order 19 (Tonnage measurement) 2025.\n\n1A Commencement\n\n  This Marine Order commences on 1 September 2025.\n\n1B Repeal of Marine Order 19 (Tonnage measurement) 2014\n\n  Marine Order 19 (Tonnage measurement) 2014 is repealed.\n\n2 Purpose\n\n  This Marine Order:\n\n(a) gives effect to the Tonnage Convention; and\n\n(b) deals with the certification of vessels as evidence of compliance with the Tonnage Convention.\n\n3 Power\n\n (1) The following provisions of the Navigation Act provide for this Marine Order to be made:\n\n(a) subsection 153(1) which provides that regulations may give effect to the Tonnage Convention and otherwise provide for the tonnage of vessels;\n\n(b) subsection 153(2) which provides that regulations may provide for the issuing of certificates, assigning tonnages to vessels and measuring of the tonnage of vessels;\n\n(c) section 314 which provides for particular matters relating to certificates;\n\n(d) paragraph 340(1)(e) which also provides that the regulations may give effect to the Tonnage Convention.\n\n (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.\n\n (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 regulation.\n\n (4) Subsection 342(4) of the Navigation Act allows a Marine Order to provide for a matter by applying, adopting or incorporating any matter contained in any instrument or document in force or existing from time to time.\n\n4 Definitions\n\n  In this Marine Order:\n\nrepealed regulations means the Navigation (Tonnage Measurement) Regulations in force on 5 September 1994.\n\nTonnage Convention country means a country or territory to which the Tonnage Convention applies.\n\nNote 1   Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:\n\n- Australian General Shipping Register\n- Australian International Shipping Register\n- IMO\n- MARPOL\n- SOLAS.\n\n\nNote 2   Other terms used in this Marine Order are defined in the Navigation Act, including:\n\n- domestic commercial vessel\n- International Tonnage Certificate (1969)\n- recreational vessel\n- regulated Australian vessel\n- Tonnage Convention.\n\n\nNote 3   Information on obtaining any IMO document mentioned in this Marine Order is available from AMSA’s website at www.amsa.gov.au. The text of the original Tonnage Convention, SOLAS and MARPOL, and any amendments in force, are accessible through the Australian Treaties Library on the AustLII website at www.austlii.edu.au.\n\nNote 4   For delegation of AMSA’s powers under this Marine Order — see the AMSA website Marine Orders link at www.amsa.gov.au.\n\n5 Interpretation\n\n (1) For a provision of the Tonnage Convention applied, adopted or incorporated by this Marine Order, the Administration is:\n\n(a) for a regulated Australian vessel — AMSA; or\n\n(b) for a foreign vessel — the Administration of the country where the vessel is registered.\n\n (2) If an expression used in this Marine Order is also used in a provision of an instrument (such as the Tonnage Convention) or other writing applied, adopted or incorporated by this Marine Order, the expression has the same meaning as in that instrument or other writing, unless the contrary intention appears.\n\n (3) A vessel is taken to have its keel laid when the lesser of 50 tonnes, or 1% of the estimated total mass of all structural material, of the vessel is assembled.\n\n (4) The unified interpretations of the Tonnage Convention, published by the IMO, are to be taken into account in complying with the requirements of the convention.\n\nNote   IMO circulars TM.5/Circ.6 and MSC.1/Circ.1546 are relevant.\n\n6 Application\n\n  This Marine Order applies to:\n\n(a) a regulated Australian vessel; and\n\n(b) other than Divisions 2, 4 and 5 — a foreign vessel; and\n\n(c) a vessel mentioned in section 16.\n\n7 Determination — regulated Australian vessels\n\n (1) An owner of a regulated Australian vessel may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for a determination mentioned in regulation 1(3) of Annex I of the Tonnage Convention.\n\n (2) AMSA may make a determination in accordance with regulation 1(3) of Annex I of the Tonnage Convention.\n\nDivision 2 Certificates issued under the Navigation Act\n\n8 Certificates required\n\n (1) A regulated Australian vessel to which the Tonnage Convention applies must have an International Tonnage Certificate (1969).\n\n (2) However, subsection (1) does not apply if:\n\n(a) the vessel was previously registered in another Tonnage Convention country and has a certificate issued under Article 7 of the Tonnage Convention; and\n\n(b) within the previous 3 months, the vessel transferred to the Australian General Shipping Register or the Australian International Shipping Register.\n\n9 Applying for certificates\n\n (1) For subsection 154(1) of the Navigation Act (which enables a person to apply to an issuing body for a tonnage certificate specified in the regulations), an International Tonnage Certificate (1969) is specified.\n\n (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).\n\nNote   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 decisions about applications. That section does not apply to decisions about tonnage certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.\n\n10 Criteria for the issue of International Tonnage Certificates\n\n  For paragraph 155(1)(b) of the Navigation Act, the criteria for issue of an International Tonnage Certificate (1969) are that:\n\n(a) the tonnage of the vessel has been determined in accordance with Annex I of the Tonnage Convention; and\n\n(b) for a vessel mentioned in regulation 5(3) of Annex I of the Tonnage Convention — more than 12 months has elapsed since the issue of an International Tonnage Certificate (1969).\n\n11 Conditions of International Tonnage Certificates\n\n  For paragraph 155(2)(a) of the Navigation Act, an International Tonnage Certificate (1969) is subject to the condition that if the gross or net tonnage of the vessel is increased because its arrangement, construction, capacity, use of spaces, total number of passengers permitted to carry, assigned load line or permitted draught is altered, the owner must apply for the tonnage of the vessel to be re-determined.\n\n12 Duration of certificates\n\n  An International Tonnage Certificate (1969) ceases to be in force:\n\n(a) in accordance with paragraph 2 of Article 10 of the Tonnage Convention; or\n\n(b) if the owner of the vessel is required to apply for re-determination of tonnage in accordance with section 11.\n\n13 Criteria for the revocation of certificates\n\n  For section 157 of the Navigation Act, the criteria for revocation of an International Tonnage Certificate (1969) are that:\n\n(a) a condition of the certificate has been breached; or\n\n(b) the owner of the vessel asks in writing that the vessel’s certificate be revoked.\n\nDivision 3 Requirements for foreign vessels\n\n14 Requirements for foreign vessels to which the Tonnage Convention applies\n\n (1) A foreign vessel to which the Tonnage Convention applies must have an International Tonnage Certificate (1969).\n\n (2) A foreign vessel to which the Tonnage Convention applies must comply with the requirements of the Tonnage Convention that apply to the vessel.\n\nDivision 4 Gross tonnage measurement for certain regulated Australian vessels\n\n15 Tonnage measurement in accordance with repealed regulations\n\n  Gross tonnage measured in accordance with the repealed regulations may be used:\n\n(a) for a regulated Australian vessel with keel laid before 1 January 1986 — to determine the application of requirements of SOLAS; or\n\n(b) for a regulated Australian vessel with keel laid before 18 July 1994 — to determine the requirements of regulation 3 of Chapter IV of SOLAS as in force before 1 February 1992; or\n\n(c) for a regulated Australian vessel with keel laid before 18 July 1994 — to determine the application of requirements of MARPOL.\n\nDivision 5 Other matters\n\n16 Prescribed vessels\n\n  For paragraph 151(c) of the Navigation Act, the following are prescribed:\n\n(a) a domestic commercial vessel;\n\n(b) a recreational vessel with Australian nationality.\n\nNote   The owner of a vessel mentioned in this provision may apply for an International Tonnage Certificate (1969) in accordance with section 9.\n\nNote\n\nLegislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See www.legislation.gov.au\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing the Tonnage Convention and managing tonnage certification. The 2025 version appears to be a straightforward re-enactment/repeal and replacement of the 2014 version, maintaining the same structural divisions and substantive scope without significant expansion into new regulatory areas."},"complexity_factors":["Heavy reliance on external instruments: The Order applies, adopts, or incorporates the Tonnage Convention (1969), SOLAS, MARPOL, and IMO circulars, meaning the full legal effect requires cross-referencing multiple international treaties and technical standards not contained in the text","Nested conditional logic: Section 8(2) contains an exception to the certificate requirement with multiple conjunctive conditions (previous registration in Convention country + specific certificate type + 3-month transfer window)","Temporal complexity: Division 4 (section 15) creates three separate grandfathering regimes based on keel-laying dates (pre-1986, pre-18 July 1994) cross-referenced with different versions of SOLAS and MARPOL regulations","Delegated definitions: Key terms like 'regulated Australian vessel', 'International Tonnage Certificate (1969)', and 'Tonnage Convention' are defined in other instruments (Marine Order 1 and the Navigation Act 2012) rather than in this Order","Incorporation by reference: Section 4(4) explicitly allows incorporation of external documents 'in force or existing from time to time', creating dynamic referencing where the law changes as external standards update"],"plain_english_summary":"This Marine Order implements the 1969 Tonnage Convention in Australia, requiring ships to be measured by the Convention’s methods and to carry an International Tonnage Certificate (1969). AMSA issues certificates to Australian vessels and recognises the same requirement for foreign ships visiting Australia.\n\nIt affects shipowners, operators, inspectors and ports because tonnage determines fees, safety, crewing and which international rules apply; some older Australian-measured ships are grandfathered for certain SOLAS/MARPOL rules."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Marine Order largely restates and updates the existing regulatory approach: it repeals the 2014 Order and replaces it with provisions that implement the Tonnage Convention, set certification procedures, and preserve certain legacy measurement treatments for older vessels. It does not materially expand the subject matter beyond measurement and certification under the Convention; rather it consolidates rules, updates cross-references, and clarifies procedural points (e.g. application processes and AMSA’s role). The inclusion of explicit permissions to adopt or incorporate external instruments and guidance increases reliance on international technical material but does not broaden the Order’s substantive scope beyond tonnage measurement and certification."},"complexity_factors":["Short instrument (single Marine Order replacing a prior Order)","Extensive cross-references to external instruments: Tonnage Convention Annex I, Navigation Act (multiple sections), SOLAS, MARPOL, Marine Order 1 (Administration) 2013","Moderate number of operational provisions: application, issue criteria, conditions, duration, revocation (sections 8–13)","Few in-text defined terms (notably 'repealed regulations' and 'Tonnage Convention country') but heavy reliance on definitions in other instruments (Navigation Act, Marine Order 1)","Several conditional exceptions and legacy rules (e.g. transitional 3‑month transfer exemption in s8(2); keel-date exceptions for use of old measurements in s15)","Delegation/incorporation clause allowing external instruments to be applied 'from time to time' (s3(4)), increasing interpretive complexity","Notes and external guidance (IMO circulars) expressly relevant to interpretation (s5(4) note), adding non-legislative sources to compliance obligations"],"plain_english_summary":"**What this instrument does, in plain English**\n\n- Replaces the 2014 Marine Order 19 with a new Marine Order 19 (Tonnage measurement) 2025 and comes into force on 1 September 2025 (sections 1A, 1B).\n\n- Gives effect to the International Convention on Tonnage Measurement of Ships (the Tonnage Convention) and sets out how tonnage certification for vessels is to be handled under the Navigation Act (section 2). It does this by: adopting the Convention’s measurement rules, specifying who issues certificates, and setting the conditions, duration and revocation criteria for those certificates (sections 3, 8–13).\n\n**Who is affected**\n\n- Owners of regulated Australian vessels (those required to be registered under the Navigation Act) — they must hold an International Tonnage Certificate (1969) when the Convention applies to their vessel, subject to a short transition exception (section 8).\n- Owners of prescribed vessels (domestic commercial vessels and recreational vessels with Australian nationality) may apply for an International Tonnage Certificate if they wish (section 16).\n- Foreign vessels that operate in Australian waters and fall under the Tonnage Convention must hold an International Tonnage Certificate and comply with the Convention’s requirements (section 14).\n- The Australian Maritime Safety Authority (AMSA) is the decision-maker (the “Administration”) for regulated Australian vessels and is responsible for issuing certificates, making determinations about tonnage measurement and revoking certificates where criteria are met (sections 3, 5(1), 7, 9, 13).\n\n**Key operational rules and processes**\n\n- Application and decision process: Owners apply to AMSA for tonnage determinations or certificates using the application processes in Marine Order 1 (Administration) 2013 (section 7(1), section 9(2)). AMSA may make determinations required by Annex I of the Tonnage Convention (section 7(2)).\n\n- Certificate requirement: A regulated Australian vessel to which the Convention applies must have an International Tonnage Certificate (1969), except where the vessel has a valid Article 7 certificate from another Tonnage Convention country and transferred to the Australian register within the previous 3 months (section 8).\n\n- Issue criteria: AMSA will issue an International Tonnage Certificate only if the vessel’s tonnage has been determined in accordance with Annex I of the Convention; for certain vessels a waiting period applies before reissuing (section 10).\n\n- Conditions and re‑determination: If gross or net tonnage increases because of changes to arrangement, construction, capacity, permitted passenger numbers, assigned load line or draught, the owner must apply for re‑determination (section 11). Certificates cease in force as set by the Convention or when re‑determination is required (section 12).\n\n- Revocation: A certificate may be revoked if a certificate condition is breached or the owner asks in writing (section 13).\n\n- Older vessels: Owners of regulated Australian vessels with keels laid before specific historical dates may continue to use gross tonnage measured under the older (repealed) regulations for the purposes of applying certain SOLAS and MARPOL requirements (section 15).\n\n**Why the instrument says it matters (official purpose) and how that interacts with costs and incentives**\n\n- Official purpose: The Order says it implements the Tonnage Convention and provides rules for certifying vessels as evidence of compliance (section 2). That is an administrative alignment of Australian law with the international measurement rules.\n\n- Who pays: Vessel owners bear direct compliance costs — costs of measurement, application to AMSA, any re‑measurement after modifications, and any administrative fees AMSA may lawfully charge. Owners of older vessels may avoid immediate remeasurement costs where the Order permits continued use of earlier gross tonnage measurements (section 15).\n\n- Who decides: AMSA decides on determinations, issues and revokes certificates (sections 3, 5(1), 7, 9, 13). The Order also allows AMSA to apply or incorporate external international instruments and IMO guidance (section 3(4), section 5(4)); that increases AMSA’s practical discretion over technical interpretation and procedure.\n\n- Behaviour the law changes: Owners must obtain and maintain internationally recognised tonnage certificates where the Convention applies (sections 8, 14), and must seek re‑determination if modifications change tonnage (section 11). Owners of vessels recently transferred from other Convention states have a short transitional exemption (section 8(2)).\n\n**Trade-offs, implementation risks and likely administrative impacts**\n\n- Compliance burden and costs: Measurement and certification require technical surveys and application processing. These impose ongoing costs on owners and administrative workload on AMSA (sections 9–11). Allowing the use of older measurements for some vessels (section 15) reduces immediate compliance costs for those owners but preserves potential mismatch between legacy tonnage figures and current international measurement norms.\n\n- Delegation and reliance on external materials: The Marine Order expressly permits incorporation of international instruments and IMO guidance (sections 3(4), 5(4)). This improves international consistency but shifts some interpretive detail outside the text of the Order, meaning changes to incorporated instruments (e.g. IMO circulars) can alter operational requirements without further domestic legislative amendment.\n\n- Transfer and registration incentives: The short exemption for vessels recently transferred from another Convention country (section 8(2)) reduces immediate re‑certification friction for transfers to Australian registers. Conversely, owners may weigh registration choices against the timing and cost of re‑measurement if moving ships between flags.\n\n- Administrative discretion and review: Decisions about certificates are made under the Navigation Act and Marine Order 1 administrative processes (sections 3, 9). Internal review under Marine Order 1 is expressly excluded for tonnage certificates (section 9(2) note); instead decisions are reviewable under the Navigation Act review route (section 9 note and section 3 references). That centralises formal review under the Act rather than the Marine Order’s internal review mechanisms.\n\n**Concrete mechanisms to watch in practice**\n\n- AMSA-issued determinations under Annex I for ambiguous cases — these shape how tonnage rules apply to specific vessel designs (section 7).\n- Re‑determination triggers for modified vessels — owners must monitor changes that could increase gross/net tonnage to avoid a breach (section 11).\n- Continued use of pre‑1994/1986 measurements for certain legacy vessels — affects which SOLAS and MARPOL obligations apply (section 15).\n\n**Key sections cited**: commencement and repeal (1A, 1B), purpose (2), power and incorporation (3), definitions and interpretation (4–5), application (6), determinations (7), certificates (8–13), foreign vessels (14), legacy measurement rules (15), prescribed vessels (16)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marine-order-19-tonnage-measurement-2025","history":"/api/acts/marine-order-19-tonnage-measurement-2025/history","analysis":"/api/acts/marine-order-19-tonnage-measurement-2025/analysis","conflicts":"/api/acts/marine-order-19-tonnage-measurement-2025/conflicts","importantCases":"/api/acts/marine-order-19-tonnage-measurement-2025/important-cases","documents":"/api/acts/marine-order-19-tonnage-measurement-2025/documents"}}