{"id":"F2009L03712","name":"Marine Orders - Part 30: Prevention of collisions, Issue 8","slug":"marine-orders-part-30-prevention-of-collisions-issue-8","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":141577,"registerId":"commonwealth-F2009L03712-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Purpose and power","content":"#### 1 Purpose and power\n\n  1.1 Purpose\n  This Part of Marine Orders gives effect to the Prevention of Collisions Convention, which sets out internationally agreed measures for the navigation, management and working of a ship, and the lights and signals to be provided and used on a ship, for the prevention of collisions.\n  1.2 Power\n  1.2.1 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.\n  1.2.2 Section 258 of the Navigation Act provides that the regulations may prescribe measures to be observed for the prevention of collisions and may make provision for or in relation to the provision and use on ships of lights and signals. The Navigation (Collision) Regulations 1982 specify that the measures to be observed for the prevention of collisions and the lights and signals to be provided and used on a ship are those in this Part of Marine Orders.\n  1.2.3 Section 258 also provides that the regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention.\n  1.2.4 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions of words and phrases used in this Part","content":"#### 2 Definitions of words and phrases used in this Part\n\n> AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;\n\n> Certificate of Approval means a Certificate of Approval referred to in 6.2;\n\n> Deputy CEO means the person occupying the position of Deputy Chief Executive Officer, Maritime Operations, in AMSA\n\n> IMO means the International Maritime Organization;\n\n> Manager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;\n\n> survey authority means a corporation or association for the survey of shipping, approved by AMSA, in writing, for the purposes of the Navigation Act;\n\n> Note A list of approved survey authorities is available on AMSA’s website: www.amsa.gov.au\n\n> the International Regulations means the Rules and Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, as amended and in force for Australia, a copy of the English text of which is set out in the Appendix;\n\n> the Navigation Act means the Navigation Act 1912;\n\n> the Prevention of Collisions Convention has the same meaning as in subsection 187A(1) of the Navigation Act.\n\n> Note Attention is drawn to IMO circulars MSC.Circ.1260 and MSC.Circ.1260/Corr 1: Unified interpretation of COLREG 1972, as amended.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Part:\n    (a) headings and subheadings are part of the Part;\n    (b) the Appendix is part of the Part; and\n    (c) a note is not part of the Part, but may provide additional information or guidance in applying the Part.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n  This Part applies to a ship to which Division 11 of Part IV of the Navigation Act applies, in the circumstances set out in that Division.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Review of decisions","content":"#### 5 Review of decisions\n\n  5.1 Internal review\n  5.1.1 If the Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the Deputy CEO, apply to the Deputy CEO for review of that decision.\n  5.1.2 An application for internal review under 5.1.1 must be made in writing to the Deputy CEO and must be accompanied by such information as the Deputy CEO requires to enable the decision to be properly reviewed.\n  5.1.3 The Deputy CEO may:\n    (a) affirm the original decision by the Manager, Ship Inspections; or\n    (b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.\n  5.1.4 The Deputy CEO must notify his or her decision in writing to the applicant within 28 days of receiving the application for internal review.\n  5.2 Review by the AAT\n  5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the Deputy CEO under 5.1.3.\n  5.2.2 The Deputy CEO must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.\n  5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Control","content":"#### 6 Control\n\n  6.1 Approvals\n  6.1.1 For the purposes of paragraph 14 of Annex I to the International Regulations, the construction of lights and shapes and the installation of lights on board an Australian-registered ship must be to the satisfaction of the Manager, Ship Inspections, or a survey authority.\n  6.1.2 For the purposes of paragraph 3 of Annex III to the International Regulations, the construction of sound signal appliances, their performance and their installation on board an Australian-registered ship must be to the satisfaction of the Manager, Ship Inspections, or a survey authority.\n  6.2 Certificate of Approval\n  6.2.1 The Manager, Ship Inspections, or a survey authority may issue a document called a Certificate of Approval as evidence that the construction of a particular light, shape or sound signal appliance, or make or type thereof, is to the satisfaction of that officer or that survey authority in accordance with 6.1.\n  6.2.2 A Certificate of Approval remains in force until such date as is shown on the certificate, and may be renewed for a further period.\n  6.2.3 A Certificate of Approval may be revoked by the Manager, Ship Inspections, or a survey authority if the construction of a particular light, shape or sound signal appliance, or make or type thereof, is no longer to the satisfaction of that officer or that survey authority.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Measures to be observed","content":"#### 7 Measures to be observed\n\n  7.1 The measures required by the International Regulations in the navigation, management and working of a ship for the prevention of collisions must be observed.\n\n> Note A master, mate or other person concerned with the navigation, management or working of a ship is guilty of an offence if he or she fails to comply with any measure required in this Part relating to the prevention of collisions and the provision and use of lights and signals. Subsection 258(7) of the Navigation Act 1912 specifies penalties of up to $10,000 or imprisonment for 2 years, or both, for a person, and up to $20,000 for a corporation.\n\n> Note: By virtue of sections 4AB and 4AA of the Crimes Act 1914, these penalties are now $11,000 and $22,000 respectively.\n\n  7.2 The lights and signals required by the International Regulations must be provided and used on a ship.\n  7.3 Navigation lights, and navigation lights controllers and associated equipment installed on an Australian registered ship on or after 1 December 2009 must conform to performance standards not inferior to those specified in the Annex to IMO Resolution MSC.253(83).\n  7.4 The traffic separation schemes set out in the IMO publication Ship's Routeing are to be taken to be the traffic separation schemes adopted by IMO for the purposes of the International Regulations.\n\n> Note The traffic separation schemes and inshore traffic zones are also to be found in the charts carried on ships pursuant to section 410A of the Navigation Act 1912 and in Notices to Mariners published by the RAN Hydrographic Department.\n\n  7.5 The areas designated in the IMO publication Ship's Routeing as inshore traffic zones are to be taken to be inshore traffic zones for the purposes of the International Regulations.\n  7.6 The Manager, Ship Inspections, may make a determination under Rule l (e) of the International Regulations.\n\n\\* \\* \\* \\* \\* \\*","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Part adopts and applies the Prevention of Collisions Convention and the International Regulations as the operative measures for navigation, lights, shapes and sound signals for Australian ships covered by Division 11 of Part IV of the Navigation Act (see 1.1; 4). There is no text in the instrument that purports to widen or narrow that stated purpose; the mechanics are alignment with international standards and delegation of technical approval to AMSA and AMSA‑approved survey authorities (6.1–6.2; 7.3–7.5)."},"complexity_factors":["Cross-reference to international instruments (International Regulations/COLREGs, IMO Resolution MSC.253(83), Ship's Routeing) requiring technical alignment (7.1, 7.3–7.5).","Delegation of technical approval and certification to AMSA officers and AMSA‑approved survey authorities, with powers to issue, renew and revoke Certificates of Approval (6.1–6.2; definitions).","Layered decision and review process: Manager decisions, internal review by Deputy CEO with strict timeframes, and external AAT review (5.1–5.2).","Statutory embedding in the Navigation Act and dependence on multiple sections of that Act for regulatory power and penalties (1.2; note to 7.1).","Technical and temporal requirement for equipment installed on or after a specified date to meet particular IMO performance standards (7.3).","Inclusion of both prescriptive operational obligations (use of lights/signals) and delegated technical judgment that is phrased as satisfaction of AMSA/survey authority (7.1; 6.1).","References to an Appendix and notes which are part of, or provide guidance to, the instrument, increasing interpretive touchpoints (3; notes)."],"plain_english_summary":"This instrument adopts the International Regulations for Preventing Collisions at Sea (COLREGs) as mandatory for Australian ships covered by Division 11, requiring prescribed navigation lights, shapes and sound signals and IMO performance standards for new installations. AMSA officers and approved survey authorities approve and certify equipment (with certificates issuable, renewable or revocable); internal review is available to the Deputy CEO and further appeal to the AAT. Non‑compliance attracts penalties under the Navigation Act."},"summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a principal Marine Order (Issue 8) that reissues and consolidates the measures for preventing collisions at sea. It does not amend another instrument but replaces earlier issues of Marine Orders Part 30."},"complexity_factors":["Gives legal force to an international convention and its technical annexes","Prescribes construction, installation and performance standards for lights and sound signals","Establishes an approval and certification regime with survey authorities","Contains detailed internal and external review rights (AAT)"],"plain_english_summary":"This Marine Order is the Australian instrument that puts the international collision avoidance rules - often called the COLREGs - into law for Australian ships. It applies to ships that fall under Division 11 of Part IV of the Navigation Act 1912. The Order requires that every such ship navigates, is managed and is worked in line with the International Regulations for Preventing Collisions at Sea, 1972, as amended and in force for Australia. Those regulations are set out in the Appendix. The practical effect is that masters, mates and anyone involved in the navigation or working of a ship must observe the rules on steering, sailing, lights, shapes and sound signals. The Order also requires that navigation lights, shapes and sound signal appliances on Australian-registered ships are built and installed to the satisfaction of either AMSA’s Manager, Ship Inspections, or an approved survey authority. A Certificate of Approval can be issued as proof of compliance, and it may be renewed or revoked. Navigation lights and their controllers and equipment installed on Australian registered ships on or after 1 December 2009 must meet the standards in IMO Resolution MSC.253(83). The traffic separation schemes and inshore traffic zones adopted by the IMO are taken to be the official ones for the COLREGs. The Order also sets out how a person affected by a decision of the Manager, Ship Inspections can seek an internal review by the Deputy CEO and then apply to the Administrative Appeals Tribunal. In short, if you own, operate or serve on a ship regulated by the Navigation Act, this Marine Order is your definitive source for collision prevention duties, equipment standards and compliance evidence. Breach of its measures can lead to criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8","history":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8/history","analysis":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8/analysis","conflicts":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8/conflicts","importantCases":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8/important-cases","documents":"/api/acts/marine-orders-part-30-prevention-of-collisions-issue-8/documents"}}