{"id":"F2012L02150","name":"Marine Order 50, issue 6","slug":"marine-order-50-issue-6","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437694,"registerId":"F2012L02150-fast-fetch-1775954441243","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Order 50, issue 6","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![](image.001.png)\n\nAMSA MO 2012/9\n\nMarine Order 50, issue 6 (Special purpose ships)\n\nI, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425(1AA) of the Navigation Act 1912.\n\n2 November 2012\n\nMick Kinley  Acting Chief Executive Officer\n\nDivision 1 Preliminary\n\n1 Name of Order\n\n2 Commencement\n\n3 Repeal of Marine Orders Part 50, issue 5\n\n4 Purpose\n\n5 Power\n\n6 Definitions\n\n7 Interpretation\n\n8 Application\n\nDivision 2 Exemptions and equivalents\n\n9 Exemptions\n\n10 Equivalents\n\nDivision 3 Existing ships and ships of less than 500 gross tonnage\n\n11 Compliance with the SPS Code\n\nDivision 4 Prescribed special purpose ships and persons\n\n12 Prescribed special purpose ships\n\n13 Prescribed persons\n\nDivision 5 Special purpose ship safety certificate\n\n14 Special purpose ship safety certificate required\n\n15 Application for a special purpose ship safety certificate\n\n16 Survey requirements\n\n17 Issue of a special purpose ship safety certificate\n\nDivision 6 Special personnel\n\n18 Training of special personnel\n\nSchedule 1 Modification of section 206S of the Navigation Act\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nDivision 1 Preliminary\n\n \n\n1 Name of Order\n\n  This Order is Marine Order 50, issue 6.\n\n2 Commencement\n\n  This Order commences on the day after it is registered.\n\n3 Repeal of Marine Orders Part 50, issue 5\n\n  Marine Orders Part 50, issue 5 is repealed.\n\n4 Purpose\n\n 4.1 This Order provides for matters relating to the construction, equipment and operation of special purpose ships and the training requirements for special personnel.\n\n 4.2 This Order gives effect to the Code of Safety for Special Purpose Ships.\n\n5 Power\n\n 5.1 Section 283A of the Navigation Act provides that the regulations may:\n\n(a) provide for special purpose ships or special personnel for any matter for which provision is made by the Act; and\n\n(b) provide that a specified provision of the Act does not apply, or applies with prescribed modifications, to special purpose ships or special personnel.\n\n 5.2 Subsection 425(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.\n\n 5.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders about any matter for which provision may be made by regulation.\n\n6 Definitions\n\n  In this Order:\n\ncrew means each person who works on a ship on the business of the ship, including:\n\n(a) navigating the ship; or\n\n(b) maintaining the ship, its machinery, systems and arrangements essential for propulsion and safe navigation; or\n\n(c) providing services for other persons on board the ship.\n\nexisting ship means a ship constructed before 1 May 1987 other than a ship that, after 30 April 1987, is modified resulting in any of the following:\n\n(a) a change to the length, breadth or least moulded depth of the ship;\n\n(b) a change in the use or intended use of the ship;\n\n(c) a change in the ship’s gross tonnage by more than 10%.\n\nspecial personnel has the same meaning as in section 283 of the Navigation Act.\n\nspecial purpose ship safety certificate means a special purpose ship safety certificate issued under section 15.\n\nSPS Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266(84), as amended by MSC.299(87).\n\nNote 1   Some expressions used in this Order are defined or explained in Marine Order 1 (Administration), including:\n\n- AMSA\n- IMO\n- Marine Order\n- Navigation Act\n- penal provision\n- SOLAS.\n\n\nNote 2   Some expressions used in this Order are defined in the Navigation Act, including:\n\n- certificate of survey\n- passenger\n- passenger ship safety certificate\n- passenger ship short voyage safety certificate\n- surveyor\n- survey authority.\n\n\nNote 3   For the value of a penalty unit — see Crimes Act 1914, s 4AA.\n\n7 Interpretation\n\n 7.1 A reference to the Administration in the SPS Code, an IMO resolution or document mentioned in this Order is taken to mean AMSA.\n\nNote   Copies of IMO resolutions and circulars mentioned in this Order are available from AMSA.\n\n 7.2 In this Order, the date when a ship was constructed is the date when the lesser of the following occurs:\n\n(a) at least 50 tonnes of the ship is assembled;\n\n(b) at least 1% of the proposed total mass of the structural material of the ship is assembled.\n\n8 Application\n\n  This Order applies to a special purpose ship:\n\n(a) registered in Australia; or\n\n(b) engaged on a voyage commencing or terminating at a port in Australia or an Australian Territory.\n\nDivision 2 Exemptions and equivalents\n\n \n\n9 Exemptions\n\n 9.1 A person may apply for an exemption from a requirement of this Order in accordance with the application process mentioned in Marine Order 1 (Administration).\n\nNote   A fee may be determined for processing an application under this section — see Australian Maritime Safety Authority Act 1990, s 47.\n\n 9.2 AMSA may give an exemption, subject to any conditions that AMSA thinks appropriate, only if AMSA is satisfied that:\n\n(a) compliance with a provision of this Order would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage; and\n\n(b) the granting of the exemption would not contravene:\n\n (i) the SPS Code; or\n\n (ii) SOLAS.\n\nNote    For internal and external review of decisions about applications — see Marine Order 1 (Administration).\n\n 9.3 The master of the ship must ensure that a copy of the exemption is kept on the ship for the duration of each voyage to which the exemption applies.\n\nThis is a penal provision.\n\n10 Equivalents\n\n10.1 This section applies if:\n\n(a) the SPS Code requires a particular fitting, material, appliance or apparatus to be fitted or carried in a ship (the required thing); and\n\n(b) another thing (the equivalent) exists that:\n\n (i) could be fitted in a ship instead of the required thing; and\n\n (ii) may be at least as effective as the required thing; and\n\n(c) a person wants to fit the equivalent in the ship.\n\n 10.2 The person may apply for approval for the equivalent to be fitted in the ship in accordance with the application process mentioned in Marine Order 1 (Administration).\n\n 10.3 AMSA may approve the fitting of the equivalent to the ship if AMSA is satisfied that:\n\n(a) the equivalent is at least as effective as the required thing; and\n\n(b) the granting of the exemption would not contravene:\n\n (i) the SPS Code; or\n\n (ii) SOLAS.\n\nNote    For internal and external review of decisions about applications — see Marine Order 1 (Administration).\n\nDivision 3 Existing ships and ships of less than 500 gross tonnage\n\n11 Compliance with the SPS Code\n\n  For an existing ship or a ship of less than 500 gross tonnage, AMSA may decide that a ship that does not comply with the SPS Code is taken to comply with the SPS Code if AMSA is satisfied that it is reasonable and practical in the circumstances, taking into account:\n\n(a) the ship; and\n\n(b) the ship’s equipment; and\n\n(c) the intended operations of the ship.\n\nDivision 4 Prescribed special purpose ships and persons\n\n12 Prescribed special purpose ships\n\n  For the definition of special purpose ship in section 283 of the Navigation Act, a special purpose ship is a self-propelled ship that, for its function, carries onboard:\n\n(a) at least 13 special personnel; or\n\n(b) more than 12 people, of whom at least 1 is special personnel and no more than 12 are passengers.\n\n13 Prescribed persons\n\n  For paragraph (d) of the definition of special personnel in section 283 of the Navigation Act, each of the following persons is a prescribed person:\n\n(a) a passenger;\n\n(b) a person who is on the business of the ship.\n\nDivision 5 Special purpose ship safety certificate\n\n \n\n14 Special purpose ship safety certificate required\n\n 14.1 For subsection 283A(2) of the Navigation Act, section 206S of the Navigation Act applies to special purpose ships and special personnel with the modifications mentioned in Schedule 1.\n\n 14.2 The master or owner of a special purpose ship who takes the ship to sea or permits the ship to be taken to sea must ensure that the ship has a special purpose ship safety certificate.\n\n15 Application for a special purpose ship safety certificate\n\n  The owner of a special purpose ship may apply for a special purpose ship safety certificate in accordance with the application process mentioned in Marine Order 31 (Ship surveys and certification).\n\nNote   A fee may be determined for processing an application under this section — see the Australian Maritime Safety Authority Act 1990, s 47.\n\n16 Survey requirements\n\n  Sections 8, 9, 10 and 13 of Marine Order 31 (Ship surveys and certification) apply to the survey of a special purpose ship as if the special purpose ship were a cargo ship.\n\n17 Issue of a special purpose ship safety certificate\n\n 17.1 A survey authority may issue a special purpose ship safety certificate if the ship is surveyed and AMSA or the survey authority is satisfied that:\n\n(a) the ship complies with the SPS Code; or\n\n(b) AMSA decides, under section 11, that the ship is taken to comply with the SPS Code.\n\n 17.2 Provisions 14 and 16 of Marine Order 31 (Ship surveys and certification) apply to a special purpose ship safety certificate as if it were a Cargo Ship Safety Certificate.\n\n 17.3 A special purpose ship safety certificate must be in the approved form.\n\nNote 1   For the use of an approved form — see Marine Order 1 (Administration), Division 4 (Approved forms).\n\nNote 2   Approved forms are available on AMSA’s website at http://www.amsa.gov.au.\n\n 17.4 A ship constructed before 1 January 2010 may use a special purpose ship safety certificate issued under:\n\n(a) this section; or\n\n(b) Marine Orders Part 50, issue 4.\n\nDivision 6 Special personnel\n\n \n\n18 Training of special personnel\n\n 18.1 The master of a special purpose ship may take the ship to sea only if he or she is satisfied that each special personnel onboard:\n\n(a) knows the layout of the ship and the location of emergency equipment; and\n\n(b) has received training onboard the ship in safety procedures for:\n\n (i) emergencies that may occur on that particular type of ship; and\n\n (ii) handling the ship’s safety equipment.\n\nThis is a penal provision.\n\n 18.2 The master must record the following:\n\n(a) information given about the layout of the ship for paragraph 18.1(a);\n\n(b) training given for paragraph 18.1(b).\n\n 18.3 The master may request information required to satisfy him or herself that a person has sufficient training to undertake all the duties required of the person on board the vessel.\n\n 18.4 The master may request the information mentioned in subsection 18.3 from:\n\n(a) the employer of a person who is special personnel; or\n\n(b) the person directly.\n\nSchedule 1 Modification of section 206S of the Navigation Act\n\n(section 14.1)\n\n \n\n[1] Paragraphs 206S(1)(a) and (b)\n\nsubstitute\n\n(a) a passenger ship safety certificate and a passenger certificate; or\n\n(b) if the voyage is a short international voyage, a passenger ship short voyage safety certificate and a passenger certificate; or\n\n(c) if the ship is a special purpose ship:\n\n (i) a certificate of survey for a cargo ship; and\n\n (ii) a special purpose ship safety certificate;\n\n[2] Paragraphs 206S(2)(b)\n\nsubstitute\n\n(b) for a special purpose ship — the ship has:\n\n (i)  a certificate of survey for a cargo ship; and\n\n (ii) a special purpose ship safety certificate; or\n\n(c) the master of a ship would not, if the voyage were an international voyage, commit an offence against subsection (1) if he or she took the ship to sea on the voyage.\n\nNote\n\n1. 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.\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Order replaces Marine Orders Part 50 (issue 5) and explicitly prescribes which vessels are ‘‘special purpose ships’' (numeric thresholds in s12), requires a special purpose ship safety certificate alongside a cargo ship certificate (Schedule 1, ss14,17) and sets training and survey obligations (ss16,18). Those prescriptions clarify and narrow the operational and certification scope that applies to special purpose ships under the Navigation Act, and delegate discretion to AMSA and survey authorities to grant exemptions or deem non‑compliance acceptable in specified circumstances (ss9,11)."},"complexity_factors":["Cross‑references to multiple instruments and Codes (SPS Code, SOLAS, Navigation Act, Marine Orders 1 & 31) increasing legal and technical linkage (ss4,5,6,16).","Numeric thresholds and definition detail for what counts as a special purpose ship (s12) which affect scope and application (s8).","Certification and survey regime layered onto existing cargo‑ship rules; interplay between AMSA and survey authorities (ss15–17, Schedule 1).","Discretionary powers for AMSA to grant exemptions and equivalents with conditions, creating case‑by‑case compliance outcomes (ss9–10).","Penal obligations and record‑keeping duties for masters (ss9.3, 18.1–18.2) raising operational compliance burdens.","Administrative processes and potential fees for applications and surveys referenced to other Marine Orders and the AMSA Act (ss9.1,15 notes).","Modifications to the Navigation Act (Schedule 1) altering existing statutory certification requirements, requiring careful statutory cross‑checking.","Technical survey standards tied to IMO Code compliance but allowance for AMSA decisions to treat non‑compliance as acceptable for older/smaller ships (s11), adding assessment complexity."],"plain_english_summary":"Marine Order 50 (issue 6) sets the technical rules for ‘‘special purpose ships’: it defines which vessels qualify, requires a special purpose ship safety certificate (together with a cargo‑ship certificate) and prescribes survey, certification and training requirements (ss8, 14, 16, 17, 18; Schedule 1). AMSA may grant exemptions or approve equivalent equipment (ss9–10). The Order applies to Australian‑registered ships and ships on voyages to or from Australian ports (s8). Owners/masters fund surveys, certification and record‑keeping; AMSA and survey authorities exercise discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a technical implementation of the SPS Code for special purpose ships. The structure (exemptions, equivalents, certificates, training) aligns with the stated purpose in section 4. No significant scope creep is evident."},"complexity_factors":["Moderate cross-referencing: Relies heavily on external documents including Marine Order 1, Marine Order 31, the Navigation Act 1912, SOLAS convention, and the SPS Code (IMO Resolution MSC.266(84))","Nested definitions: 'Special personnel' definition depends on Navigation Act section 283, which itself requires reference to this Order's section 13 for 'prescribed persons'","Conditional application rules: Different compliance pathways for existing ships (pre-1987), ships under 500 gross tonnage, and ships constructed before 2010","Schedule-based statutory modification: Schedule 1 contains surgical amendments to Navigation Act section 206S, requiring readers to mentally reconstruct the modified text","Dual certificate requirement: Special purpose ships need both a cargo ship certificate of survey AND the special purpose ship safety certificate, creating a layered compliance structure"],"plain_english_summary":"This Order creates a tailored safety regime for \"special purpose ships\" (vessels carrying specialized workers like scientists, trainees or industrial staff) by defining which vessels qualify and requiring proof they meet international SPS Code standards. It mandates safety certification, basic onboard training for special personnel, and recordkeeping, while giving AMSA flexibility to grant exemptions or approve alternative measures where full compliance is impractical.\n\nIt affects Australian-flagged or visiting special purpose ships, their operators and special personnel, and AMSA surveyors — filling a regulatory gap between cargo and passenger rules."}},"importantCases":[],"_links":{"self":"/api/acts/marine-order-50-issue-6","history":"/api/acts/marine-order-50-issue-6/history","analysis":"/api/acts/marine-order-50-issue-6/analysis","conflicts":"/api/acts/marine-order-50-issue-6/conflicts","importantCases":"/api/acts/marine-order-50-issue-6/important-cases","documents":"/api/acts/marine-order-50-issue-6/documents"}}